FX Blue Terms and Conditions of Use, May 2018
FX Blue is the owner of the website located at www.fxblue.com (“Website”). The term FX Blue refers to FX Blue and its members, officers, directors, shareholders, employees, agents and affiliates (“FX Blue”). The term "you" or “your” or “user” or “users” refers to the users or viewers of this Website.
Any information on this Website including, without limitation:
- (a) data that identifies you or can be used to identify or contact you such as your name, address, email address and telephone number and any information about you that is directly linked to such personal data (“Personal Data”)
- (b) registration details, forum postings, software downloads, advertisements, graphics, any data of any nature uploaded by subscribers, services or subscriptions of any nature, investment information, strategies, alerts or signals, links to other websites and any other materials, information, design, layout or content (including the look and feel of the Website), shall be referred to in these terms and conditions of use as “Information”.
The terms and conditions of use set out below (referred to as “FX Blue's Terms”), form a contractual agreement governing FX Blue's relationship with you in relation to your use of this Website (“Agreement”) and you agree to be legally bound by FX Blue's Terms just as if you had signed this Agreement. By using this Website and any Information, you are agreeing to comply with and be bound by FX Blue's Terms, including any revisions that may be made to FX Blue's Terms from time to time. FX Blue reserves the right, in FX Blue's sole discretion, to change, modify, add or remove portions of FX Blue's Terms at any time by posting the revisions on the Website. You should check FX Blue's Terms periodically for changes as by using the Website after FX Blue posts any changes to FX Blue's Terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. FX Blue's Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to FX Blue's Terms. Your continued use of the Website means that you accept any new or modified FX Blue Terms.
- By registering, you certify that all Information you provide in the registration is accurate. You must have a valid email registered with FX Blue at all times. If an email that FX Blue sends to you should bounce for some reason, your account may be temporarily suspended until you contact FX Blue with a verifiable address.
- You are responsible for all statements made and acts that occur through the use of your registration and password. So, please don't disclose your password to anybody. You agree and understand that you are responsible for maintaining the confidentiality of your password(s) which, together with your login e-mail address, allows you to access certain portions of the Website.
- By providing FX Blue with your e-mail address, you agree to receive all required notices and other correspondence electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you become aware of any unauthorized use of your registration Information, you agree to notify FX Blue in writing immediately.
- You must be 18 years of age or older to use the Website. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, this Agreement. If you are not yet 18 years of age, or do not wish to abide by this Agreement, you must not use this Website.
- By using this Website you are agreeing that you bear full responsibility for your own research, trading and investment decisions and you also agree that FX Blue shall not be liable for any decision made or action taken by you or others in reliance upon any Information published by FX Blue. The Information available on or through this Website is only for your general information and use and is not intended to address your particular requirements. In particular, any Information is in the nature of general information and is for general informational purposes only. The Information is not personalised for you or any other recipient, does not constitute any form of advice or recommendation or investment advice by FX Blue or other users and is not and should not be considered to be an individualized investment recommendation. Such Information is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.
- Subject to Clause 8 below, Information on the Website including especially that posted by advertisers or users is not verified by FX Blue and FX Blue cannot and does not warrant the completeness or accuracy of the Information or its usefulness for any particular purpose. Accordingly you acknowledge that this Website may contain incomplete, incorrect, inaccurate, misleading and/or false Information, is for your general use only, and should not be relied upon in any way without first taking appropriate professional advice from licensed advisers. FX Blue is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the accuracy, completeness, quality, reliability or usefulness of the Information. Any claim by any user or other third party that Information has been or is verified, checked, supported or otherwise endorsed by FX Blue (“Verified”) is, unless otherwise clearly confirmed in writing by FX Blue, false and should not, under any circumstances, be relied upon by you. You also acknowledge that you will not claim, infer or publish a statement that FX Blue has Verified any Information unless it has been Verified in accordance with Clause 7 below.
- FX Blue has a verification process for confirming that trading statements published on the Website have been Verified. This verification process is explained on the Website. You should note, however, that even where an account has been confirmed as ‘Verified', it is possible, for reasons beyond FX Blue's control, for the account to still be falsified. This is because brokers can run demo accounts on their live servers (a broker can run a demo account which is reported to MT4 with the IsDemo() function returning 'False', and where the connection is to a live server making a demo account look like a live/real money account). It is therefore impossible for anyone outside the broker, including FX Blue, to be 100% certain whether an account is demo or real. You accept that FX Blue can only therefore use the phrase 'Verification' subject to this limitation and FX Blue cannot and does not warrant the completeness or accuracy of the Information or its usefulness for any particular purpose including where such Information is classified by FX Blue as ‘Verified'.
- As part of the Verification of trading record process referred to in Clause 7 above, you will be asked to submit your trading account 'Investor Read Only' Password to FX Blue. You acknowledge that Investor Read Only Passwords are sensitive information and that it is technically possible for holders of your Investor Read Only Password to copy the trades on your account without your knowledge. FX Blue will hold your Investor Read Only Password in accordance with its Privacy Notice but cannot be responsible for any loss you may suffer should you give your Investor Read Only Password to third parties - or should third parties come into possession of such password by some other, unauthorised, manner. Similarly should you submit your Master Account Password instead of your Investor Read Only Password in error, whilst FX Blue will also hold this data in accordance with its Privacy Notice, FX Blue cannot be held responsible for any loss you may suffer including should you give your Master Account Password to third parties or should third parties come into possession of such password by some other, unauthorised, manner.
- Except as expressly provided in this Agreement, the Information on this Website is the property of FX Blue and is protected by UK and international copyright laws. Any copying, distribution, storage or transmission of any kind, or any sort of commercial use of the Information is strictly prohibited without FX Blue's prior written permission.
- You hold the copyright in anything that you post or upload to the Website. Please note, however, that when you post or upload any Information, you expressly grant FX Blue a royalty-free, non-exclusive license to use, edit, alter, adapt, translate, copy, publish, continue to publish or republish the Information and/or an edited, adapted or translated version of it or part of it (together, 'the Work') and/or to sell, license, or otherwise communicate, share, or distribute the Work, as part of an edited compilation or in any other way howsoever at the sole discretion of FX Blue. The license described in this paragraph shall be capable of sub-license and shall be unlimited in the use to which FX Blue may put the Work and exists whether or not you remain a registered user. If appropriate and at FX Blue's sole discretion, FX Blue will credit you (under your user name, either the one existing at the time of the post or otherwise) as the author in any use of your material. By posting or uploading Information to the Website you warrant that you have the right to grant FX Blue the rights including, without limitation, the non-exclusive copyright license described in this paragraph.
- Unauthorized access of this Website is a breach of FX Blue's Terms and a violation of the law. You agree not to access this Website by any means other than the interfaces FX Blue provides for use in accessing them.
- Any Information downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of any data that results from the download of any such material. If you are in doubt, please consult an appropriate professional.
- FX Blue reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Website, without notice, for conduct that FX Blue believes violates FX Blue's Terms or for any other reason in its sole discretion. FX Blue will bear no responsibility or liability from such action.
- You agree to use the Website in a lawful and civil manner. You may not use, or allow others to use your FX Blue registration to:
- Post or transmit Information that is intentionally false or misleading, or use such Information to encourage others to buy or sell software, goods or services or manipulate the market for any security, or engage in any type of market abuse
- Offer, sell, or buy any security
- Violate any applicable laws, rules or regulations, including those of the Financial Services Authority and the national or other securities exchanges
- Post or transmit any Information that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, or which discloses private or personal matters concerning any person
- Post or transmit any material that could prejudice any active legal proceedings (including criminal proceedings) of which you are aware or which breaches any court order of which you are aware
- Post, transmit, or link to sexually explicit material
- Re-post material that you are aware has been removed
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
- Encourage or teach conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful
- Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes
- Collect or store Personal Data about other users or act in breach of applicable data protection legislation including the General Data Protection Regulation (Regulation (EU) 2016/679)
- Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer or FX Blue systems
- Forge headers or manipulate identifiers or other data in order to disguise the origin of any Information transmitted through this Website or to manipulate your presence on this Website
- Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of this Website
- Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of this Website or related infrastructure
- Send unsolicited e mail or other communications containing links to the Information or this Website
- Take any action that damages or disrupts the functioning of FX Blue's systems or Services
- Link to any site, page, post or platform which includes material which breaches any of the above rules
- While FX Blue can't review all transmissions by its users, FX Blue reserves the right to monitor any Information transmitted or received through its Website subject to compliance with our Privacy Notice. FX Blue, at its sole discretion and without prior notice, may at any time review, remove, or otherwise block any post or transmission or terminate your membership for violating the above provisions or otherwise taking any action considered disruptive to the FX Blue's service or operations.
- You agree to indemnify, defend, and hold harmless FX Blue from and against any claim, liability, cost, damage or loss FX Blue may incur (including, without limitation, attorneys' fees) as a result of any Information you post or upload to this Website or any violation by you of your obligations under FX Blue's Terms or your infringement, or infringement by any other user of your account, of any intellectual property or any other rights of anyone.
- FX Blue makes no promises, representations or warranties, express or implied, whatever including, without limitation, that the Information is accurate or fit for any particular purpose or that the Information, the Website or any related service will be delivered to you in an uninterrupted, timely, secure or error-free manner or that FX Blue's servers will remain free from attack or that such servers are free from any viruses or other harmful components. To the fullest extent permitted by law, FX Blue disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the Website, the Information and any and all related products and services offered on or in connection with the Website. Neither FX Blue, nor any of FX Blue's respective licensors, licensees, service providers or suppliers, warrants that the Website or any function contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free from viruses or other harmful components. FX Blue does not warrant or make any representations regarding the use or the results of the use of the Website or Information or any third-party site accessed through the Website in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Information or any such product, offering, content or material. Please note that no advice or Information obtained by you from FX Blue's personnel or through this Website shall create any warranty not expressly provided for in FX Blue's Terms. You are responsible for validating the integrity of any Information received over the internet. These disclaimers apply to the fullest extent permitted by law.
- You expressly understand and agree that, to the fullest extent permitted by the law, FX Blue shall not be liable for any type of loss or injury including, without limitation:
- Any direct, indirect, consequential, or incidental loss or injury including any damages, liability, claims, expenses and costs any lost profits, lost savings or any special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits (whether direct or indirect), loss of contracts, business interruption, loss of business information, costs associated with recreating lost data, the cost of any substitute program, goodwill, anticipated savings, data or other intangible loss or any pecuniary loss of any nature arising out of this Agreement or the use of or inability to use the Website or the Information, whether resulting from impaired or lost data, or any other cause, even if FX Blue has been advised of the possibility of such damages, resulting from your use or downloading of any Information or from any decisions you may make based upon such Information. This includes, but is not limited to, loss or injury caused in whole or in part by FX Blue's negligence or by contingencies beyond FX Blue's control in creating or delivering any portion of the Information
- Your ability or inability to use the Website or access any Information
- Unauthorised access to or alteration of any Information including, without limitation, your transmissions of data to the Website
- Unauthorised access to or use of your subscription to the Website
- Statements, claims or conduct of any third party on the Website
- Any other matter relating to the Website or related or linked websites
- In no event shall the aggregate liability of FX Blue, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to your use of or inability to use the Website, the Information or any subscriptions or any use of the Information by FX Blue, exceed any monies, if any, paid by you directly to FX Blue in connection with your use of the Website or Information.
- Nothing in FX Blue's Terms excludes or limits FX Blue's liability for death or personal injury caused by its proven negligence.
- Any notice from FX Blue to you will be delivered by e-mail you at your last known address. Evidence of sending the e mail shall be taken as evidence of delivery. This Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England and Wales. You agree that, with regard to all disputes arising from or in connection with this agreement, you will (i) submit to the jurisdiction of the High Court In London (or such other court or arbitration process ("Court") in England and Wales as FXBlue may determine) for the purpose of any suit, action, or other proceeding arising out of this Agreement, or any of the agreements or transactions contemplated hereby (each a "Proceeding"), (ii) agree that all claims in respect of any Proceeding may be heard and determined in any such Court, and (iii) waive, to the fullest extent permitted by law, any immunity you may have acquired, or hereafter may acquire, from jurisdiction of any such Court or from any legal or arbitration process therein, and (d) agree not to commence any Proceeding other than in such Court, and waive, to the fullest extent permitted by applicable law, any claim that any such Proceeding is brought in an inconvenient forum. If any term of this Agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement. Neither you nor FX Blue shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or FX Blue's respective reasonable control. Those who choose to access this Website from other locations do so on their own initiative and at their own risk and are responsible for compliance with any applicable local laws.
Copyright: FX Blue LLP 2018