Please read carefully the following provisions of these General Terms of Service or “TOS”. This is a legal agreement between “you” or “your”, personally, and ForexAdverts.com or “FA”, or “we”, or “us”. This TOS governs your use of all FA products and services. We reserve the right to modify or amend this Agreement at any time. The “Last Modification Date” of this TOS is September 29, 2014.
BY ACCESSING OR USING ANY PART OF THE SERVICES AND/OR TO CONTINUE BROWSE AND USE THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHETHER OR NOT YOU ARE A REGISTERED USER OF THE FA SERVICE. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICE.
| 1.1 |
FA is a marketplace for advertising Forex and related Products and Services. The Services allow users to, among other things, find and compare products and services. The Services may provide paid listings, advertisements or other featured and sponsored information. The Services may also commingle sponsored or featured information with general, unpaid search results and may not distinguish between these two categories of information. Sponsored and Featured listings or other advertisements may also be given priority in display over unpaid listings. |
| 1.2 |
Browsing Age Requirement. You need to be 14 years or over to browse the FA website. We don’t knowingly collect any information from anyone aged 13 or under. When browsing the sites you agree to follow our guidelines or instructions and keep in mind that these terms apply to any use of our sites whether or not you’re a member.You must be at least 14 years old to use the Service. |
| 1.3 |
Registration and content publishing Age Requirement. You need to be 18 years or over to become a registered member. If you’re under 18 you will need to be under the supervision of a parent or legal guardian who is at least 18 years of age, and this adult will be responsible for all your activities. |
| 1.4 |
FA provides Services that are, unless otherwise expressly stated, advertising sites, products and services. FA displays advertising on behalf of businesses and/or listing contributors and FA relies upon those businesses and/or provided information for the accuracy, completeness and honesty of that advertising. Under no circumstances does FA endorse and/or have any other connection with the businesses that advertise with us. |
| 1.5 |
Additional Terms. FA provides a wide variety of Services to website visitors, registered users and listing(s) publishers. Some Services are subject to additional terms, which are listed below or presented to you when you use such Services. You may not use any of these Services unless you agree to the applicable additional terms. Links to certain additional terms follow:
|
| 1.6 |
Changes to Terms. FA may periodically modify and supplement these TOS, with or without notice to you. You are responsible for regularly checking these TOS for revisions. |
| 2.1 |
Grant of Rights. Subject to your compliance with the terms and conditions of this TOS, FA grants you a limited, non-exclusive right to use the Services, and any content and materials made available to you in connection with your use of the Services, only for your non-commercial, informational purposes and for such other purposes (and subject to such further limitations) as may be provided in this TOS (including any additional terms applicable to a particular Service) or any instructions for use that FA may provide from time to time. |
| 2.2 |
Intellectual Property. Using the Services does not give you any rights to use any trademarks, service marks, trade dress, trade names, or the like (“FA Content”), used in connection with the Services, without express permission from the owner. You will not copy, distribute, modify or make derivative works of any of our FA Content or use any of our intellectual property in any way not expressly stated in these terms. Although FA protects and defends its rights in its intellectual property, it may not be aware of unauthorized use of FA Content by a third party; accordingly, do not rely upon any third party’s use of any FA Content in determining whether a third party is affiliated with FA, as such use may be unauthorized. |
| 2.3 |
Termination. You may stop using the Services at any time, except to the extent you agree otherwise in the use of particular Services offered on a paid listing, subscription or similar basis. FA may terminate your access to all or any part of FA Service at any time, with or without cause, with or without notice, effective immediately. Following termination, you will not be permitted to use the Services. If your access to the Services is terminated, FA may exercise whatever means it deems necessary to prevent unauthorized access to the Services, including, but not limited to, technological barriers, IP mapping, and direct contact with your Internet service provider. This TOS will survive indefinitely unless and until FA chooses to terminate it, regardless of whether any account you open is terminated by you or FA or whether you continue to use or continue to have the right to use the Services. |
| 2.4 |
Prohibited Conduct. You may not access or use, or attempt to access or use, the Services to take any action that could harm FA or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- attempt to bypass, disrupt or interfere with the security, provision or use of the Services;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- attempt to obtain unauthorized access to the Services;
- infringe, violate, or transgress any right of any party;
- engage, directly or indirectly, in any type of unsolicited communication;
- engage in unauthorized speeding, scraping, or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- submit false or misleading information to FA;
- send or cause to be sent any communications (including e-mails) to other users without their consent (e.g., “mailbombs” or “spamming”);
- use any FA Content or other portion of the Services in advertising, promotions, or for other commercial purposes;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- assist any third party in engaging in any activity prohibited by this TOS.
|
|
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the TOS. We may suspend or terminate your access to the Services for any or no reason at any time without notice. |
| 2.5 |
Changes. FA may change or discontinue any of the Services at any time without notice or liability to you or any third party. |
You agree that FA may collect, use, and share your information in accordance with FA’s Privacy Policy.
| 4.1 |
Your Content. Some of the Services allow you to submit or generate content. If you submit or generate content, you must comply with User Generated Content Terms. By uploading or otherwise submitting content in connection with your use of the Services,
You agree that FA (and its affiliates, distributors, and other contractors it may designate in its discretion) can use or publish that content for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any content to FA in which you do not wish to grant such rights.
|
| 4.2 |
Feedback. If you submit ideas, suggestions or anything else about Products or Services (such as ways to improve the Services) to FA, you agree that FA can use or publish that feedback for any reason, without payment or other compensation to you, forever and throughout the world. You agree not to submit any feedback to FA in which you do not wish to grant such rights. |
| 4.3 |
Third Party Content. FA may provide access to third party content, such as user-generated reviews, other content submitted by users of the Services, and links to third-party websites. Your use of any such third party websites will be subject to those terms to which you and the third party agree. FA will have the right to delete or modify any third-party content in its sole discretion. You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that FA is not responsible or liable for any loss or damage resulting from your use of third-party content, websites, or services. |
| 4.4 |
Objectionable Content. If you become aware of any objectionable third-party content, you may contact FA to report a claim. FA will address such requests if and to the extent it deems appropriate, in its sole discretion. |
| 4.5 |
Copyright Policy. FA strongly believes in freedom of speech and enables anyone to express their ideas, products and services, without censoring or endorsing them. FA respects the rights of others. If you believe any content available through the Services infringes your rights, you must submit a complaint through our Copyright Policy. |
| 5.1 |
DISCLAIMER OF WARRANTIES. FA PROVIDES THE SERVICE “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICE OR THE INFORMATION, SOFTWARE, OR CONTENT INCLUDED IN THE SERVICE. FA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, SECURE, OR TIMELY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND THOSE ARISING FROM A COURSE OF DEALING, TRADE, USAGE OR PERFORMANCE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, AND THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE URGE YOU TO KEEP BACKUP COPIES OF YOUR PERSONAL CONTENT, IF ANY, THAT YOU MAINTAIN ON OR USE WITH THE SERVICE. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING PROPERTY, MATERIAL, EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR ANY RESULTING COSTS OR DAMAGES. |
| 5.2 |
EXCLUSION OF DAMAGES. FA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL LOSSES AND DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OCCURRING, INCLUDING WITHOUT LIMITATION, THE COST OF ANY GOODS OR SERVICES WHICH MAY BE PURCHASED OR OBTAINED AS A RESULT OF USING THE SERVICES. |
| 5.3 |
Indemnity. You agree to indemnify, defend and hold harmless, FA and its parents and subsidiaries, and each of their respective officers, partners, members, managers, employees, agents and attorneys, against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and expenses (including settlement costs and/or reasonable attorneys’ fees) arising from or relating to your use of the Website and/or Services, and any material that you submit to or transmit through the Website, your violation of this Agreement, your infringement or violation of the rights of another, or termination of your access to the Website and/or Services. |
Disputes Resolution are solving by negotiation processes. If you have any dispute with us or any related third party, arising out of, relating to, or connected with the Services, you agree to contact FA; provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account); and give FA 30 business days within which to resolve the dispute to your satisfaction.
FA will not be liable for failing to perform under this TOS because of any event beyond its reasonable control.
By providing your email address, you agree that FA may send emails to you related to the Services. If you do not wish to receive general marketing emails, you can opt out by following the instructions in the message. FA may send any legal notices to you via email, notification by a message to your account or regular mail.
IF YOU ACCESS ANY SERVICE THAT REQUIRES YOU TO CREATE AN ACCOUNT ACCESSIBLE THROUGH A USERNAME AND PASSWORD, THEN THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOUR USE OF THE SERVICES.
| 1. |
You are responsible for any activity that occurs through your account and you are solely responsible for keeping your password and all other account information confidential and for all use of your username and password, including, without limitation, any use by any unauthorized third party. |
| 2. |
FA will never ask for your password. If you are asked for your password, or if you believe someone may have obtained your password, you must contact FA. |
| 3. |
You represent that all information you provide or provided to FA upon registration and at all other times will be true, accurate, current and complete and you agree to update your information as necessary to maintain its truth and accuracy. All such personal information, as well as the information you provided to register, is subject to the Privacy Policy, incorporated into this Agreement. |
| 4. |
FA reserve the right to refuse access to the Service to anyone for any reason at any time (including reasons related to unlawful or unauthorized usage). FA has no obligation to retain a record of your account or any data or information that you may have stored for your convenience by means of your account or the Services. |
| 5. |
By creating an account, you are deemed to have “opted-in” to all tracking, collection, use, and sharing permitted under our Privacy Policy. Without limitation, you agree to receive emails from us periodically relating to your account, site services, offers, and promotions or other newsletters including third-party offers. You may change your email preferences at any time by contacting FA. |
| 6. |
When using the Services, FA may permit you to store data, preferences set by you, content or other information for your convenience, but FA is under no obligation to retain any such data, preferences, content or other information that you may have stored. |
IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT.”
| 1. |
FA reserves the right, but not the obligation, to refuse to post or remove any User Generated Content in our sole and absolute discretion. |
| 2. |
Publishing Rules: |
| 2.1 |
All published content must be Forex related. |
| 2.2 |
Pay attention that the language of the FA is English. Unreadable Adverts, Listings or Publications in other languages will be deleted. |
| 2.3 |
Before publishing an Advert, make sure there are no Advert(s) or Listing(s) with similar content. Duplicating or multiplying FREE adverts/listings is prohibited. |
| 2.4 |
Choose the right category to advertise and post in. Littering the FA website is undesirable. |
| 2.5 |
Your Advert or Listing must be titled briefly and include the name of the service or product, which is promoted. |
| 2.6 |
Placing links (URLs) on external websites under social links, excluding real social links (facebook, twitter, etc.) is prohibited. |
| 2.7 |
If you use exterior services to uploading images or pictures, make sure the pictures meet the following parameters: 800×600 px and 300 Kb. |
| 2.8 |
Illegal distribution of copyrighted materials is prohibited. If you publish the reprinted content you must add the link to original recourse too. |
| 2.9 |
Spamming users will be banned without warning. |
| 2.10 |
Do not post any information, which is knowingly false or defamatory of any law. |
| 2.11 |
Registration of several profiles by one user is not allowed. Users having more than one account on the FA shall be banned without notice. |
| 2.12 |
FA reserves the right to remove and (or) correct content, adverts, listings without explanation. |
| 3. |
You represent and warrant that you will not post any of the following:
- any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
- political campaigning, assertions of unlawful conduct, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
- individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
- any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
- any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
- any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
- content that violates any standards or policies of FA as determined by FA in its sole discretion;
- content that is not legible, that is encrypted or that contains viruses, or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information;
- content that intended to annoy, harass or anger other users, (e.g., “trolling”).
|
| 4. |
FA may take measures to remove User Generated Content from the Forex listing(s) of an advertiser who has decided to “opt-out” of the addition of supplemental material to its Forex advert(s). |
| 5. |
If you see objectionable content in the course of your use of the Products or Services, you may report a claim by contacting FA or through any other applicable reporting means as provided through the Services. FA reserves the right to address such requests in any manner in its sole discretion. |
| 1. |
FA respects the copyright rights of others, and we expect our users to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access, or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. |
| 2. |
If you reasonably believe that any Material on the FA website contains unauthorized reproductions of your copyrighted work you must promptly provide in writing the following information: |
| 2.1 |
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site; |
| 2.2 |
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and the specific URL of the content or other information reasonably sufficient to permit us to locate the material; |
| 2.3 |
Information reasonably sufficient to permit us to contact you, such as your name, surname, address, telephone number, and e-mail address; |
| 2.4 |
Include the following statement: “I have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.”; |
| 2.5 |
Include the following statement: “The information in this notice is accurate, and under penalty of perjury, I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”; |
| 2.6 |
Complete complaints require the physical or electronic signature of the copyright owner or a representative authorized to act on their behalf. To satisfy this requirement, you may type your full legal name to act as your signature at the bottom of your complaint. |
| 2.7 |
Send the written communication via email |
| 3. |
Please note that you may be liable for damages, including costs and attorney’s fees, under the International Copyright Law if you knowingly materially misrepresent that material on the website infringes upon your copyright. |
| 4. |
If a user is found to be a repeat infringer of the copyright rights of others, FA may terminate access to the user’s Account. |
It is important that you understand the terms on which you are making a payment. Please take the time to review this section carefully.
| 1. |
When you purchase a paid FA Products and Services, you’re paying a price for the right to publish your Content, Adverts, Listings, etc on FA website. |
| 2. |
FA guarantees fixed prices and advertising spots of the purchased advertising for the period prepaid by Advertisers. |
| 3. |
We do not promise that any Content, Advert or Listing Type will continue to be available on FA so you should post and publish the Advert as soon as you paid for it. |
| 4. |
When you purchase paid Content, Advert or Listing on FA you cannot cancel a completed purchase. |
| 5. |
In some FA Products and Services a paid subscription is available. By selecting a paid subscription plan you agree to pay Fastest Forward the weekly, monthly or annual subscription fees indicated for that Product or Service (the terms for this type of service are described FA website under certain FA Products or Services). Payments will be charged on the day you sign up for a subscription and will cover the use of that service for a weekly, monthly or annual period as indicated. Applicable fees will be invoiced starting from the day your subscription is established and in advance of using such services. Subscription fees are not refundable. Subscriptions can be cancelled by you at anytime. |
| 6. |
If you haven’t used your purchased Content, Advert or Listing posting opportunity on FA website within 3 months they may expire and will be forfeited on the 3 month anniversary of the payment date. FA generally try to tell you beforehand when purchased Content, Advert or Listing posting opportunity are going to expire and be forfeited, but this is not always possible and we’re not obliged to warn you. |
| 7. |
Handling Fee. In some transactions on FA the total price you pay may include a handling fee. |
| 8. |
Currency conversion costs. You are responsible for all costs of currency conversion relating to your FA account. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees). This means that you may incur additional costs when purchasing from FA, which we have no control over. |
| 9. |
Taxes, fees and charges. You are responsible for paying all fees and taxes associated with your use of FA wherever levied (including withholding tax, if applicable). FA may collect geographical location information to determine your location, which may be used for tax purposes (so location information you give us must be accurate for tax residency purposes). |
| 10. |
FA takes payment up-front for all Content, Adverts and Listings. All payments are final, no-refund. |
You, whether personally or on behalf of the entity for whom you are acting as an authorized signatory (collectively, “you” or “your”), are purchasing certain of FA’s products or services (each, a “Product” or “Service”). Such purchase is subject to the applicable terms provided and identified below (“Terms”).
BY INDICATING YOUR ACCEPTANCE OR USING ANY OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE TERMS, WHICH CONTAIN BINDING DISPUTE RESOLUTION PROVISIONS AND LIABILITY LIMITATIONS.
| 1. |
Electronic Acceptance Is Binding. Your indication of your assent to the terms, whether express (e.g., clicking on an “I AGREE” icon) or implicit (i.e., using any Product or Service) constitutes your agreement to the Terms. You agree that such acceptance will have the same force and effect as if you had manually signed a paper version of these Terms. All references in the Terms to “signature” or the like will be deemed references to your assent to these terms. You hereby irrevocably waive any “opt-out” rights that you may have under applicable law to use or receive physical copies of these Terms. |
| 2. |
Electronic Transactions. You agree that all business pursuant to these terms may, in the sole discretion of FA, be conducted electronically. |
| 3. |
Applicable Terms. Your use of FA’s website, and its other web and mobile-based products and services is subject to the General Terms of Service and Privacy Policy. Please refer to the General Terms of Service for important details that affect your use of the Products, such as the management of your FA account. Capitalized words or phrases not defined in these Electronic Transaction terms have the meaning given to them in the General Terms of Service. FA’s provision of the Products and/or Services, and your receipt and use of the Products and/or Services, is subject to the terms applicable to each Product and/or Service. Please refer to these Product and/or Service specific terms before purchasing. |
| 4. |
Entire Agreement and Precedence. These Electronic Transactions Terms supersede all prior and contemporaneous agreements and understandings between you and FA relating to the Products or Services. In the event of any conflict or inconsistency among these Electronic Transaction terms, the Product and/or Service Terms, and the General Terms of Use, precedence will be given in that order. |
|
