These terms of service govern your use the website www.thebesttradingbrokers.com (the “Website”) which is operated by thebesttradingbrokers.com Ltd, (the “Company”) as well as the services provided through the Website (the “Services”), whether or not you have registered with the Website.
In the Terms of Service, “you” or “your” or “user” means any person who uses the Website or the Services. Unless otherwise stated, “we”, “us” or “our” refers to the Company.
MODIFICATIONS TO THE WEBSITE AND THE SERVICES
• We reserve the right to amend, modify, update and change any of the terms and conditions of the User Agreement from time to time. Any changes to the User Agreement will take effect when we post the revised User Agreement on the Website and your continued use of the Website or Services following such changes will signify your acceptance of the updated User Agreement.
• It remains your responsibility to ensure that you are aware of the correct, current terms and conditions of the User Agreement and we advise you to check the User Agreement on a regular basis.
• You understand and agree that we may discontinue or change, modify or amend the Website or Services at any time, without notice to you. You also understand and agree that we may discontinue or restrict your use of this Website or Services for any reason without notice to you.
YOUR USE OF THE WEBSITE
• You understand and accept that the Company is unable to provide you with any legal advice or assurances in respect of your use of the Website and the Services and the Company makes no representations whatsoever as to the legality of the Website and Services in the jurisdiction you are located in.
• Your ability to access our Website does not necessarily mean that our Website or the Services are legal under the laws, regulations, and directives of any jurisdiction applicable to you.
• You may not use the Website and Services for any illegal purpose, for the facilitation of the violation of any law and regulation, or in any manner inconsistent with the User Agreement. Without limiting the foregoing, you understand that laws regarding your use of the Website and Services vary from jurisdiction to jurisdiction, and it is solely your responsibility to ensure that you fully comply with any law, regulation or directive of any jurisdiction applicable to you with regards to the use of the Website and Services.
• You agree to use the Website solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
• Unless otherwise expressly specified in the User Agreement, you agree not to use, transfer, distribute, or dispose of any information contained in the Website or provided through the Services in any manner that could compete with the business of the Company or any of its affiliates.
• You shall be responsible for providing and maintaining the means by which you access the Website and receive the Services which includes but is not limited to, your personal computer, connectivity, hardware, and telecommunication lines.
• You will not in any way, whether directly or indirectly, expose the Company, its affiliates or any of their respective service providers to any computer virus or other similarly harmful or inappropriate material or device.
• You are not permitted to download (other than page caching) or modify the Website or any portion of thereof, without our prior express written consent.
• In addition, you are not permitted to sell, re-sell, distribute, transfer, reproduce or copy any materials appearing on the Website or made available to you through the Services without our prior written consent.
• You are not allowed to use and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools on the Website.
• We do not guarantee that the Website or the Services will be accessible to you at all times.
• Without derogating from any other right which we may have, if you breach in whole or in part any provision which is contained in the User Agreement, we and our affiliates reserve the right to take any action we deem fit which includes but is not limited to: (i) terminating any agreement with you; (ii) terminating or blocking your access to the Website and Services; (iii) taking any legal action we see fit.
REGISTRATION WITH THE WEBSITE
• In order to gain access some of the Services provided through the Website such as the provision of e-mails with regards to financial information, you will have to register an account with the Website.
• No one under the age of 18 or the legal age for engaging in investing in financial instruments or in financial markets markets in the jurisdiction applicable to you, whichever is the higher may register an account with the Company.
• All details provided by you to the Company either during the registration process or at any time thereafter must be true, accurate and complete.
• Your registration of an account with the Company is solely for your benefit. You shall not allow any third party (including a relative) to use your account, password or identity to access or use the Services and you shall be fully responsible for any activities undertaken on your account by a third party.
• You will be solely responsible for maintaining the confidentiality of your password and you will not reveal your password to any person. You shall inform us immediately if you suspect or know that your account is being used by a third party or any third party has access to your account password.
• You are solely responsible for all activity and use of your account.
• You may only have one account with the Website.
• We reserve the right to terminate your account and registration, in our sole discretion, at any time without notice to you. You may terminate your account at any time by contacting customer support by emailing us at firstname.lastname@example.org. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated immediately.
• The Company, its affiliates and their respective officers, directors, employees and personnel, are not licensed financial advisors, registered investment advisers or are registered brokers/dealers.
• The information (which includes but is not limited to, financial market data, quotes, news, analyst opinions, research reports, graphs and data) made available through the Website or through the Services (collectively the “Financial Information”) that may be available to you is provided by us, our affiliates or obtained from agents, vendors, partners or other third parties (“Third Party Providers”).
• We, our affiliates the Third party Providers do not guarantee the accuracy, timeliness, completeness of the Financial Information, or warrant any results from your use or reliance on the Financial Information.
• You acknowledge and agree that the Financial Information does not include the provision of investment advice by the Company, its affiliates and the Third Party Providers as well as their respective officers, directors, employees and personnel. The Financial Information is provided solely for your convenience and does not constitute investment or financial advice or make any personal investment recommendations to you. In addition, the Financial Information shall not be deemed in any way as an assurance or guarantee of the results of any transaction that you may undertake.
• Financial Information may quickly become unreliable or out of date for various reasons and we nor our Third Party Providers are obligated to update Financial Information, and we may discontinue offering any or all Financial Information at any time without notice to you.
• Nothing contained in the Website or the materials provided through the Services constitute a solicitation, recommendation, promotion, endorsement or offer of any particular security, other investment product, transaction or investment.
• Trading in any financial market under any market condition involves a risk of loss and may not suitable for all investors. Prior to your decision to participate in any transaction, you should carefully consider your level of knowledge and experience in relation to the applicable transaction.
• The Company does not guarantee or represent that if you act upon any content or materials contained on this Website or received through the Services, this will result in profit. All decisions to act upon any content or materials found on this Website or provided through the Services is solely your responsibility. We will not be held responsible or liable to you or any other parties for losses that may be sustained while trading. Your trading and financial actions taken are solely your decision.
• The Company, its affiliates and their respective officers, directors, employees, personnel, representatives, agents and independent contractors may hold positions in various financial instruments and assets, and we are under no obligation to disclose to you when such position was acquired, the size of the position held or when the position is closed.
• THE WEBSITE AND THE CONTENT AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE OR THE SERVICES, ARE PROVIDED “AS IS”. THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PERSONNEL, REPRESENTATIVES, AGENTS, LICENCORS AND INDEPENDENT CONTRACTORS MAKE NO WARRANTY OR REPRESENTATION WHETHER EXPRESS OR IMPLIED (WHETHER BY LAW, STATUTE OR OTHERWISE), INCLUDING BUT NOT LIMITED TO THOSE WARRANTIES OF MERCHANT-ABILITY, NON-INFRINGEMENT, ACCURACY, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, CURRENT'S, TIMELINESS OR ACCURACY OR INFRINGEMENT OF LAWS AND REGULATIONS.
• THE COMPANY, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PERSONNEL, REPRESENTATIVES, AGENTS, LICENCORS AND INDEPENDENT CONTRACTORS MAKE NO WARRANTY THAT THE WEBSITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR BUGS OR REPRESENTS THE FULL FUNCTIONALITY, ACCURACY, RELIABILITY OF THE MATERIALS OR AS TO RESULTS OR THE ACCURACY OF ANY INFORMATION, CONTENT OR MATERIALS OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES.
• THE COMPANY, ITS AFFILIATES AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, PERSONNEL, REPRESENTATIVES, AGENTS, LICENSORS AND INDEPENDENT CONTRACTORS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON ANY CONTENT OR MATERIALS CONTAINED ON THE WEBSITE OR MADE AVIALABLE THROUGH THE SERVICES.
LIMITATION OF LIABILITY
• In no event shall the Company, its affiliates and their respective officers, directors, employees, personnel, representatives, agents, licencors and independent contractors be liable to you or to any third party for any kind of financial loss, lost profits, any special, incidental or consequential damage or any other similar damage or any other loss or injury (even where we have been notified by you of the possibility of such loss or damage or should have known of the possibility of such damages), resulting directly or indirectly from use of the Website or the Services or your inability to use the Website and the Services.
• The Company its affiliates and their respective officers, directors, employees, personnel, representatives, agents, licensors and independent contractors shall not be liable to you or any third party in contract, tort or otherwise, for any loss or damage whatsoever arising from or in any way connected with your use, of any link contained on the Website, the Website or the Services.
• Nothing in the User Agreement will operate so as to exclude any liability of the Company for death or personal injury that is caused by the Company’s negligence.
• You confirm that the Company its affiliates and their respective officers, directors, employees, personnel, representatives, agents, licensors and independent contractors shall not be liable to you or any third party for any modification to, suspension, unavailability or discontinuance of the Software, Financial information or the Services.
• You agree that the Company its affiliates and their respective officers, directors, employees, personnel, representatives, agents, licensors and independent contractors and its affiliates will not be liable in any way to you or any third party in the event of failure of or damage or destruction to your computer, systems, data or records or any part thereof, or for delays, losses, errors or omissions resulting from the failure or mismanagement of any telecommunications or computer equipment or software.
USER GENERATED CONTENT AND YOUR CONDUCT
• We may at our sole discretion, permit you to publish and post content on the Website (“User Generated Content”) (which may include but not be limited to through a chat facility).
• You grant us and our affiliates a perpetual, exclusive, worldwide, royalty-free, sub-licensable license to the User Generated Content, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form of Media. The term “Media” shall include any and all media, whether now known or developed in the future, including but not limited to: websites (including but not limited to publicly accessible websites, intranet sites and third party content hosted sites), social media accounts (including but not limited to Facebook, Twitter and YouTube), paper and electronic publications, presentations, promotional materials (whether offline or online), advertisements (including but not limited to television and radio), television broadcasts and rebroadcasts, web casts, multimedia links, videotapes, CD and DVDs
• You agree not publish or post any User Generated Content which is spam, sexually explicit, racist, offensive, harmful, threatening, vulgar, libelous, defamatory, harassing, insulting, obscene, pornographic, abusive, discriminatory or otherwise illegal. In addition, you shall not upload or publish any objectionable User Generated Content of any kind which includes but is not limited to, any User Generated Content that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense or give rise to civil liability.
• You agree not to post or publish any User Generated Content which violates or infringes the intellectual property rights of any third party including but not limited to copyright, patent, trademark, trade secret, publicity or privacy right or any other proprietary right of any third party.
• You shall not, without the express approval of the Company, distribute or otherwise publish any User Generated Content containing any solicitation of funds, advertising or solicitation for goods or services.
• You acknowledge and agree that neither the Company nor its affiliates is obligated to monitor or review User Generated Content.
• You acknowledge and agree that any User Generated Content may be edited, removed, modified, published, transmitted, and displayed by the Company and its affiliates and you hereby waive any rights you may have in having the User Generated Content altered or changed in a manner not agreeable to you.
• When publishing or submitting User Generated Content any personally identifiable information that you submit, can be read, collected, or used by other visitors and could be used by third parties to send you unsolicited messages. The Company is not and shall not be responsible for the personally identifiable information that you choose to submit through the User Generated Content.
• You may only post or publish User Generated Content in English.
• We may disclose any User Generated Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of the Company, its affiliates and their respective officers, directors, employees, personnel, representatives, agents, licensors and independent contractors.
• You shall not make statements about the Company, our affiliates or the Website or any other Internet site connected to the Company that are untrue, malicious or are damaging to the Company or to our affiliates and their respective officers, directors, employees, personnel, representatives, agents, licensors and independent contractors
LICENSE AND INTELLECTUAL PROPERTY RIGHTS
• We grant you a non-exclusive, non-transferable and limited personal license to access and use the Website and the Services (the “License”). This License is conditional on your full compliance with the User Agreement. In the event we reasonably believe that any information provided by you to us is no longer current, accurate or truthful or if you fail to comply with the terms and conditions contained in the User Agreement or with any other applicable rules and guidelines, the License shall terminate. In such event if applicable we will terminate your account and you hereby agree to cease accessing the Website and cease using the Services.
• All rights, titles and interests to the content that is made available to you through the Services and the Website which includes but is not limited to the videos, images, pictures, graphics, photographs, animations, videos, music, audio and text are owned by the Company, its affiliates or their respective licensors and are and are protected under intellectual property laws and treaties which includes but is not limited to those relating to copyright, patents, designs and trade secrets.
• For the avoidance of doubt, all rights titles and interests to the trademarks, logos, service marks trade names appearing on the Website or made available through the Services are owned by the Company, its affiliates or their respective licensors and are and are protected under intellectual property laws and treaties which includes but is not limited to those relating to copyright, patents and designs.
• The Website’s code, structure and organization are protected by intellectual property rights. You must not; (a) copy, redistribute, publish, reverse engineer, decompile, disassemble, modify, translate or make any attempt to access the source code to create derivate works of the source code, or otherwise; (b) sell, assign, sublicense, transfer, distribute or lease the Website or Services.
• The Website and the materials provided through the Services may contain links to internet sites operated or owned by third parties (“Third Party Sites”). The Company does not control the content or accuracy of information on such internet sites and does not otherwise endorse the services, materials or content found on such Third Party Sites. The links are provided for your reference only and you access such Third Party Sites at your own risk. The Company and our affiliates exclude all liability and responsibility for the content, services and materials found on the Third Party Sites.
• You agree not to hold the Company and its affiliates liable for any loss or damage of any sort incurred as a result of any of your activity on the Third Party Sites.
Indemnification by You
You agree to fully indemnify, defend and hold the Company, its affiliates and their respective officers, directors and employees harmless immediately on demand from and against all claims, demands liabilities, damages, losses, costs and expenses, including legal fees and any other charges whatsoever, howsoever caused, that may arise as a result of (i) any breach of the User Agreement by you; or (ii) violation by you of any law or the rights of any third party.
Governing Law and Exclusive Jurisdiction
The User Agreement and the relationship between the parties shall be governed by, and interpreted in accordance with, the laws of Cyprus and you irrevocably submit, for the benefit of the Company, to the exclusive jurisdiction of the courts of Cyprus to settle any disputes (including claims for set off and counterclaims) which may arise in connection with the creation, validity, effect, interpretation or performance of, or the legal relationships established by, the User Agreement or otherwise arising in connection with the User Agreement.
• If any part of the User Agreement is held unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
• No waiver by us of any terms of the User Agreement shall be construed as a waiver of any preceding or succeeding breach of any terms of the User Agreement.
• Unless otherwise expressly stated, nothing in the User Agreement shall create or confer any rights or any other benefits to any third parties.
• Nothing in the User Agreement shall be construed as creating any agency, partnership or any other form of joint enterprise between you and us.
• You may not assign, transfer, charge or otherwise deal in your rights and/or obligations under the User Agreement without our prior written consent. We are entitled to assign, transfer, charge or otherwise deal in our rights under the User Agreement as we see fit.
• The User Agreement contains the entire agreement between the Company and you relating to your use of the Website, the Services and thebesttradingbrokers.com seeds any and all prior agreement between the Company and you in relation to the same.