tradeproofer.com, and unless other
terms and conditions expressly govern, other contents that are made
available from time, including without limitation, any Web pages,
services, content, newsletters, databases and information therein
(collectively, the “Services” by TradeProofer (“TP”)).
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE
BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU DO NOT AGREE, TP IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO THE
SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
Changes to the Agreement.
We may modify this Agreement from time to
time in our sole discretion and without notice to you. You should review
this Agreement periodically to ensure familiarity with its then-current
terms and conditions. Your continued use of the Services following any
modification of this Agreement shall constitute your acceptance of such
modifications to this Agreement.
the Services may have additional terms, conditions and restrictions
associated with them and will be posted on such Services or content
You agree that such additional terms, conditions and
restrictions will apply to your use of such Services or content sets and
if there is a conflict with this Agreement, such additional terms,
conditions and restrictions will control.
Ownership; General Limitations on Use.
Ownership. You acknowledge and agree that the text, information,
data, graphics, images, audio, video, design, organization,
compilation, meta data, look and feel, advertising and all other
protectable intellectual property (the “Content”) available through
the Services is our property, the property of our advertisers or our
third party licensors or suppliers (such licensors and suppliers are
referred to as “Information Providers”) and is protected by
copyright and other intellectual property laws.
Limitations on Use. Unless you have our written consent in advance,
you may not reproduce, sell, publish, distribute, retransmit,
disseminate, perform, display, broadcast, create new works from, or
commercially exploit the Content available through the Services,
with the following two exceptions: 1. To the extent that we feature
email or other sharing functionality on a particular article in the
Services, you may use email or other featured sharing functionality
to share such article with other individuals. You agree to access
the Services manually by request and not programmatically by macro
or other automated means.
Premium Products. Certain Services and content sets are only
available after additional registration and/or payment of a fee.
No Modification of Content. You agree not to rearrange or modify the
Content. You agree not to create abstracts from, scrape or display
headlines from the Content for use on another web site or service or
use the Content for commercial purposes, including without
limitation algorithmic trading programs. You agree not to upload,
post or submit any Content from the Services to weblogs, newsgroups,
mail lists or electronic bulletin boards, except through services we
specifically provide for that purpose or after we give our written
consent in advance.
Member Accounts; Privacy.
We require you to register to become a
member (a “Member”) before obtaining access to certain Services and
certain functionality. When you register, you agree to provide us with
true and accurate information about yourself. You understand that any
information you provide as part of such registration or that we
registering, you need to select a unique user name and password. We
reserve the right to refuse giving you a user name if it impersonates
someone else’s name, or if we feel it is otherwise inappropriate. It is
your responsibility to choose your password wisely. We are not
responsible for any user impersonating you on our Services. If you have
concerns or believe that someone is using your password without your
authority, please contact Customer Support. We reserve the right to
disclose any information about our Members or users, including
registration data, in order to comply with any applicable laws and/or
requests under legal process, to operate our systems properly, to
protect our property or rights, and to safeguard the interests of our
user and other Members.
Member Content (User Generated Content); Message Boards.
We offer Members and users the opportunity to
tag, rate, vote, offer predictions and comment on and engage in
discussions regarding instruments, companies and various topics. Any
content, information, graphics, audio, images, and links you submit
as part of creating your profile or in connection with any of the
foregoing activities is referred to as “Member Content” in this
Agreement and is subject to various terms and conditions as set
Cautions Regarding Other Members and Member Content.
understand and agree that Member Content includes information,
views, opinions, and recommendations of many individuals and
organizations and is designed to help you gather the information you
need to help you make your own decisions. Importantly, you are
responsible for your own investment decisions and for properly
analyzing and verifying any information you intend to rely upon. We
do not endorse any recommendation or opinion made by any Member. We
do not routinely screen, edit, or review Member Content. However, we
reserve the right to monitor or remove any Member Content from the
Services at any time without notice. You should be aware that other
Members may not be who they say they are. We take no action to
perform a background check on any of our Members’ profiles. We do
not guarantee that Members’ profiles are accurate. You should also
be aware that other members may use our Services for personal gain.
As a result, please approach messages with appropriate skepticism.
Member Content may be misleading, deceptive, or in error.
Grant of Rights and Representations by You.
If you upload, post
or submit any Member Content on a Service, you represent to us that
you have all the necessary legal rights to upload, post or submit
such Member Content and it will not violate any law or the rights of
any person. You agree that upon uploading, posting or submitting
information on the Services, you grant us and our respective
affiliates and successors a non-exclusive, transferable, worldwide,
fully paid-up, royalty-free, perpetual, irrevocable right and
license to use, distribute, publicly perform, display, reproduce,
and create derivative works from your Member Content in any and all
media, in any manner, in whole or part, without any duty to
compensate you. You also grant us the right to authorize the use of
Member Content, or any portion thereof, by Members and other users
in accordance with the terms and conditions of this Agreement,
including the rights to feature your Member Content specifically on
the Services and to allow other Members or users to request access
to your Member Content, such as for example through an RSS Feed.
We may also remove any Member Content for any reason
and without notice to you. This includes all materials related to
your use of the Services or membership, including email accounts,
postings, profiles or other personalized information you have
created while on the Services.
Rules of Conduct.
All Members and users of the Services must
comply with the following rules of conduct:
You will not stalk or harass another when using the Services.
You will not interfere with others’ use of the Services,
including by interrupting other users’ sessions, scrolling down
(automatically or manually) to make it difficult for them, or
otherwise act in a way that negatively affects other users’
enjoyment of the Services.
You will not attempt to harvest any screen names of email
addresses for any commercial use and you will not collect or
store personal information about any other individual on the
You will not use the Services for illegal purposes and you will
not upload, post or submit any Member Content that is obscene or
may be hateful or offensive on racial, ethnic, sexual or any
other grounds; is harmful, vulgar or distasteful; or is
defamatory, libelous, or invades another person’s privacy or
You will not impersonate any other person or misrepresent a
relationship with any person or entity, including
misrepresenting a relationship with TP, similarly, you will not
adopt a false identity if the purpose of doing so is to deceive
or defraud another.
You will not upload, post or submit any Member Content that
contains any viruses, cancel bots, Trojan horses, harmful code,
or other computer software or program designed to interrupt the
Services we provide, Members’ or users’ ability to enjoy the
Services, or the proper functioning of any software, hardware or
equipment or materials used in connection with the Services.
You will not send any bulk unsolicited advertising, promotional
information, commercial email or other solicitation (including
without limitation junk mail, “spam,” chain letters or pyramid
schemes of any sort) to any person through the use of the
You should demonstrate appropriate respect for other Members. If
you disagree with an opinion on the Services, feel free to
challenge that opinion with a posting of your own. You should,
however, refrain from ever personally attacking the person
making the posting.
You will not violate any applicable local, state, national or
international law, including, but not limited to, regulations
promulgated by the FCA, or any rules of any national or other
You will not upload, post, submit or otherwise make available
any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or
under nondisclosure agreements).
You will not upload, post or submit or otherwise make available
any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any person.
You will not upload, post or submit improper or off-topic
Copyright/IP Policy. It is our policy to respond to notices of
alleged infringement that comply with the Digital Millennium
TP may discontinue or change all or any of the
Services, or their availability to you, immediately, in its sole
discretion, at any time without cause. TP may terminate this Agreement
and your access to and use of the Services, or any portion thereof,
immediately, in its sole discretion, at any time without cause.
DISCLAIMERS OF WARRANTIES.
YOU AGREE THAT YOUR ACCESS TO, AND USE
OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN
“AS-IS”, “AS AVAILABLE” BASIS AND WE AND OUR INFORMATION PROVIDERS
SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
do not give tax or investment advice or advocate the purchase or sale of
any security or investment. You should always seek the assistance of a
professional for tax and investment advice. Certain information and data
provided in connection with these Services may be delayed as specified
by financial exchanges or Information Providers. TP and the Information
Providers furnish the information available in connection with these
Services without responsibility for accuracy and you agree that errors
or omissions contained in such information shall not be made the basis
for any claim, demand or cause of action against TP or any Information
Provider. We may link to, or promote, web sites or services from other
companies or offer you the ability to download software from other
companies. You agree that we are not responsible for, and do not
control, those web sites, services and software. The Services includes
facts, views, opinions and recommendations of individuals and
organizations deemed of interest. Neither TP nor the Information
Providers guarantees the accuracy, completeness or timeliness of, or
otherwise endorses, these facts, views, opinions or recommendations,
gives investment advice, or advocates the purchase or sale of any
security or investment.
LIMITATIONS ON LIABILITY NEITHER TP, NOR ANY INFORMATION PROVIDER, NOR
ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS,
DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”)
WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A
RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES,
INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST
REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR
OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE
BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE
EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL
PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY
PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’
LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY
You understand and agree that your use of the
Services is at your sole risk.
By installing TradeProofer’s Expert Advisors you consent that TP records
MT4 account information including demo/live, chart symbols, account
balance, account credit, account currency, account equity, free margin,
account name, account profit, account leverage, account stop out level,
account stop out mode.
You agree to indemnify and hold TP and our respective
subsidiaries, affiliates, officers, agents, employees, partners and the
Information Providers harmless from any claim or demand, including
reasonable attorneys’ fees, made by any third party due to or arising
out of Member Content you upload, post, submit or otherwise make
available through the Services, your use of the Services, and your
violation of this Agreement.
Except as set forth in Section 2 above, this Agreement
contains the final and entire agreement between us regarding your use of
the Services and supersedes all previous and contemporaneous oral or
written agreements regarding your use of the Services. This Agreement is
personal to you, which means that you may not assign your rights or
obligations under this Agreement to anyone. No third party is a
beneficiary of this Agreement. You agree that this Agreement, as well as
any and all claims arising from this Agreement will be governed by and
construed in accordance with the laws of England applicable to contracts
made entirely within England and wholly performed in England, without
regard to any conflict or choice of law principles. The sole
jurisdiction and venue for any litigation arising out of this Agreement
will be an appropriate court located in England.
Updated: 15 Jul 2021