Terms of Use |
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This Agreement sets forth the
terms and conditions which apply to your use of the
worldwidetradingcapital.com web site (the "Service") which
is offered to you by WorldWide Trading Capital ("WTC"). BY
USING THIS SITE, YOU AGREE TO THE TERMS OF THIS USAGE
AGREEMENT JUST AS IF YOU HAD SIGNED THE USAGE AGREEMENT.
If you do not agree to be bound by this Agreement, please
discontinue your use of the Service.
1.
Restrictions on Use.
By using this Service, you agree that you are over the age
of 13, or, if you are 13 or under, you have obtained the
consent of your parent to use the Service. This Service is
owned and operated by WTC and its affiliated companies and
third party service providers, and contains material which
is derived in whole or in part from material supplied and
owned by WTC, and other sources, and is protected by
copyright, trademark, and other applicable laws. You may
not modify, copy, reproduce, republish, upload, post,
transmit, publicly display, prepare derivative works based
on, or distribute in any way any material from this
Service including code and software ("Material"). You may
download Material from this Service for your personal,
non-commercial use only, provided you keep intact all
copyright and other proprietary notices. In the event that
you download Material from the Service, such Material is
licensed to you by WTC or its licensors, and neither WTC
nor their licensors, transfer title to any such Material
to you.
2.
Message Board and Chat Services.
(a)
General. The WTC message boards (the "Message
Boards") and chat areas (collectively with the Message
Boards, the "Community Areas") are currently provided as
free services. WTC reserves the right to change the nature
of this relationship at any time. Violation of the terms
of this Agreement may result in the termination of your
right use the Community Areas.
(b)
Rules. It is a condition of your use of the
Community Areas and this Service that you do not: (i)
restrict or inhibit any other user from using and enjoying
the Community Areas; (ii) post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane or indecent information of
any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute
a criminal offense, give rise to civil liability or
otherwise violate any local, state, national or
international law; (iii) post or transmit comments
containing harassing or offensive language, including
sexual references, sexual nicknames, racial slurs or rude
or deliberately offensive comments or engage in disruptive
activities online, including excessive use of scripts,
sound waves, scrolling (repeating the same message over
and over), or use viruses, bots, worms or trojan horses;
(iv) post or transmit any information, software or other
material which violates or infringes the rights of others,
including material which is an invasion of privacy or
publicity rights or which is protected by copyright,
trademark or other proprietary right, or derivative works
with respect thereto, without first obtaining permission
from the owner or right holder; (v) post or transmit any
information, software or other material which contains a
virus or other harmful component; (vi) post, transmit or
in any way exploit any information, software or other
material for commercial purposes or which contains
advertising; (vi) solicit other users to join, become
members of, or contribute money to any online service or
other organization, advocate or attempt to get users to
join in legal or illegal schemes or plan or participate in
scams involving other users; (vii) impersonate any person
or entity or falsely state or otherwise misrepresent your
professional or other affiliation with any person or
entity; (viii) resell, redistribute, broadcast or transfer
the information or use the information in a searchable,
machine-readable database; or (viii) use the Service to
collect personally identifying information about users of
the Service in violation of our Privacy Policy. You agree
that you will not use the Service, including the
information provided therein and all related equipment,
networks and network devices (specifically including
Internet access) for any unlawful purpose. WTC, at its
sole and absolute discretion, shall determine whether any
information transmitted or received violates this
provision.
(c)
Monitoring. You understand that WTC has no
obligation to monitor the Community Areas. However, WTC
reserves the right at all times to disclose any
information as necessary to satisfy any law, regulation or
governmental request, or to refuse to post or to remove
any information or materials, in whole or in part, that in
WTC’s sole and absolute discretion are objectionable or in
violation of this Agreement. You acknowledge that WTC
reserves the right to, and may from time to time, monitor
any and all information transmitted or received through
the Service, for operational and other purposes. During
monitoring, information may be examined, recorded, copied,
and used for authorized purposes in accordance with our
Privacy Policy. Use of the Service constitutes consent to
such monitoring.
(d)
License. Except as set forth in the Privacy Policy,
by posting messages, uploading files, inputting data, or
engaging in any other form of communication through the
Community Areas or through email to WTC (a
"Communication"), you are granting WTC a royalty free,
irrevocable, perpetual, non-exclusive, unrestricted,
worldwide license to (i) use, copy, sublicense, adapt,
transmit, publicly perform or display any such
Communication, and (ii) sublicense to third parties the
unrestricted right to exercise any of the foregoing rights
granted with respect to such Communication. No
Communication shall be subject to any obligation of
confidence on the part of WTC. The foregoing grants shall
include the right to exploit any proprietary rights in
such Communication, including but not limited to rights
under copyright, trademark, service mark, or patent laws
in any relevant jurisdiction.
(e)
Content. Communications posted in the Community
Areas are provided by users such as yourself who are
unaffiliated with WTC, and the user providing each such
Communication is solely responsible for the content
thereof. In using the Community Areas, you should not
assume that such messages have been reviewed by WTC, that
such Communications contain correct information, or that
the persons posting such Communications have accurately
identified themselves and/or their affiliation with any
third party.
(f)
Personal Safety. When using the Service, please be
certain that anything you say does not compromise your
personal safety. Do not provide your name, phone number or
any other personally identifying information to people you
do not know. Do not continue any conversation online that
makes you feel uncomfortable.
3.
Submissions. WTC is
pleased to hear from users and welcomes your comments
regarding WTC's programs and services. Unfortunately,
WTC's company policy does not allow it to accept or to
consider creative ideas, suggestions, or materials other
than those it has specifically requested. We hope that you
will understand that the intent of this policy is to avoid
the possibility of future misunderstandings when projects
developed by WTC's employees and agents might seem to be
similar to creative works submitted by users. If, at our
request, you send certain specific submissions (postings
to the Community Areas, or contests), or without a request
from us you send creative suggestions, comments, ideas,
notes or concepts or other materials, they shall be
deemed, and shall remain, the property of WTC, and shall
otherwise be subject to the provisions of Section 2(d),
above.
4.
Trading with Online Brokerage
and Mutual Fund Firms. The Service provides links
to online trading services for your convenience only.
These online trading services are provided by registered
broker dealers and mutual fund companies, and such broker
dealers and mutual fund companies are solely responsible
for any services provided to you. WTC is not a registered
broker dealer or mutual fund company.
5.
Content Disclaimer.
WTC solely provides investment information to its users
and is not intended to provide investment advice. WTC does
not guarantee the accuracy, completeness or timeliness of,
or otherwise endorse, the views, opinions or
recommendations on WTC, or advocate the purchase or sale
of any security or investment.
6.
Disclaimer of Warranties.
WTC HAS PROVIDED LINKS AND POINTERS TO INTERNET
SITES MAINTAINED BY THIRD PARTIES ("THIRD PARTY SITES")
AND MAY FROM TIME TO TIME PROVIDE THIRD PARTY MATERIALS ON
THIS SERVICE. NEITHER WTC, ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS OPERATE OR
CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR
SERVICES ON THESE THIRD PARTY SITES. THE MATERIALS IN THIS
SERVICE AND THE THIRD PARTY SITES ARE PROVIDED "AS IS" AND
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE
LAW, WTC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. WTC DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE MATERIALS AND PRODUCTS WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SERVICE, INCLUDING THE COMMUNITY
AREAS, OR THE SERVER THAT MAKES THEM AVAILABLE, ARE FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. WTC DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE USE OF THE MATERIALS IN THIS SERVICE OR
IN THIRD PARTY SITES IN TERMS OF THEIR CORRECTNESS,
ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU ASSUME
ALL RISK OF ERRORS AND/OR OMISSIONS IN THE SERVICE,
INCLUDING THE TRANSMISSION OR TRANSLATION OF INFORMATION.
YOU ASSUME FULL RESPONSIBILITY FOR IMPLEMENTING SUFFICIENT
PROCEDURES AND CHECKS TO SATISFY YOUR REQUIREMENTS FOR THE
ACCURACY AND SUITABILITY OF THE SERVICE, INCLUDING THE
INFORMATION, AND FOR MAINTAINING ANY MEANS WHICH YOU MAY
REQUIRE FOR THE RECONSTRUCTION OF LOST DATA OR SUBSEQUENT
MANIPULATIONS OR ANALYSES OF THE INFORMATION PROVIDED
HEREUNDER. YOU (AND NOT WTC) ASSUME THE ENTIRE COST OF ALL
NECESSARY MAINTENANCE, REPAIR OR CORRECTION.
7.
Limitation of Liability.
IN NO EVENT SHALL WTC, ITS
PARENT OR SUBSIDIARY COMPANIES NOR ITS AFFILIATES OR
SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF
THIS SERVICE OR WITH THE DELAY OR INABILITY TO USE THIS
SERVICE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND
SERVICES OBTAINED THROUGH THIS SERVICE, OR OTHERWISE
ARISING OUT OF THE USE OF THIS SERVICE, WHETHER BASED ON
CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WTC
OR ANY OF ITS AFFILIATES OR SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE
AND AGREE THAT NEITHER WTC ITS PARENT OR SUBSIDIARY
COMPANIES NOR ITS AFFILIATES OR SUPPLIERS SHALL BE LIABLE
FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER OF THIS SERVICE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY
FROM STATE TO STATE.
8.
Indemnification. You
agree to defend, indemnify and hold harmless WTC its
parent, affiliates and their respective directors,
officers, employees and agents from and against any and
all claims, actions, suits or proceedings, as well as any
and all losses, liabilities, damages, costs and expenses
(including reasonable attorneys fees) arising out of or
accruing from (a) any material posted or otherwise
provided by you that infringes any copyright, trademark,
trade secret, trade dress, patent or other intellectual
property right of any person or defames any person or
violates their rights of publicity or privacy, (b) any
misrepresentation made by you in connection with your use
of the Service; (c) any non-compliance by you with the
terms and conditions of this Agreement; and (d) claims
brought by persons or entities other than the parties to
this Usage Agreement arising from or related to your
access and use of the Service, including the information
obtained through the Service.
9.
Termination. This
Agreement and the license rights granted hereunder shall
remain in full force and effect unless terminated,
suspended, or canceled for any of the following reasons:
(a) upon thirty (30) days written notice by any party of
its intent to terminate this Agreement; (b) immediately by
WTC for any unauthorized access or use by you, including,
without limitation (i) concurrent access of the Service
with identical user identification numbers, (ii)
permitting another person or entity to use your user
identification number to access the Service, or (iii) any
other access or use of the Service except as expressly
provided in this Agreement; or (c) immediately, if you
violate the terms and conditions of this Agreement or the
rules and regulations relating to the use of, or tamper
with or alter any of the software and/or data files
contained in, or accessed through, the Service.
Termination, suspension, or cancellation of this Agreement
or your access rights shall not affect any right or relief
to which WTC may be entitled, at law or in equity. Upon
termination of this Agreement, all rights granted to you
will terminate and revert to WTC and its licensors.
11.
Minors. If you have
agreed to allow your minor child, or a child for whom you
are legal guardian (a "Minor"), to register as a member of
the Service, you agree that you shall be solely
responsible for: (a) the online conduct of such Minor; (b)
monitoring such Minor's access to and use of the Service;
and (c) the consequences of any use of the Service by such
Minor.
12.
Child Online Protection Act
Notification. Pursuant to 47 U.S.C. Section 230(d)
as amended, WTC hereby notifies you that parental control
protections (such as computer hardware, software, or
filtering services) are commercially available that may
assist you in limiting access to material that is harmful
to minors. Information identifying current providers of
such protections is available at the Electronic Frontier
Foundation website, http://www.eff.org/pub/Censorship/Ratings_filters_labelling/,
and at the America Links Up website, http://www.netparents.org/parentstips/browsers.html.
13.
Infringement Policy.
WTC, pursuant to 17 U.S.C. Section 512 as amended by Title
II of the Digital Millennium Copyright Act (the "Act"),
reserves the right, but not the obligation, to terminate
your license to use the Service if it determines in its
sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time
or repeat infringement, regardless of whether the material
or activity is ultimately determined to be infringing. WTC
accommodate and do not interfere with standard technical
measures used by copyright owners to protect their
materials. In addition, pursuant to 17 U.S.C. Section
512(c), WTC has implemented procedures for receiving
written notification of claimed infringements and for
processing such claims in accordance with the Act.
In addition, any written
notice regarding any defamatory or infringing activity,
whether of a copyright, patent, trademark or other
proprietary right, should be sent to our designated agent,
listed above, and must include the following information:
A. A physical or electronic
signature of a person authorized to act on behalf of (1)
the owner of an exclusive right that is allegedly
infringed or (2) the person defamed.
B. Identification of the
copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are
covered by a single notification, a representative list of
such works at that site. Similarly for other types of
infringing materials, a list of such materials.
C. Identification of the
material that is claimed to be infringing, to be the
subject of infringing activity, or that is claimed to be
defamatory and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to
permit us to locate the material.
D. Information reasonably
sufficient to permit us to contact you, such as your
address, telephone number, and/or electronic mail address.
E. A statement that you have
a good faith belief that use of the material in the manner
complained of is not authorized by the copyright or other
proprietary right owner, its agent, or the law.
F. A statement that the
information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed or on behalf of the person defamed.
14.
Modification. WTC
reserves the right to amend this Agreement, and to modify,
add or discontinue any aspect, content, or feature of the
Service. Such amendments, modifications, additions or
deletions shall become effective upon notice thereof,
which may be provided to you by posting on the Service,
via e-mail or any other reasonable means. Continued use of
the Service by you shall be deemed to indicate your
acceptance of any such amendments, modifications,
additions or deletions.
15.
Jurisdiction. Unless
otherwise specified, the materials on this Service are
presented solely to provide information regarding and to
promote WTC's products and services available in the
United States, its territories, possessions and
protectorates. This Service is controlled and operated by
WTC from its offices within the state of Washington, and
by certain third party providers from their offices within
the United States of America. Neither WTC nor any third
party service provider makes any representation that
materials on this Service are appropriate or available for
use outside the United States. Those who choose to access
this Service from outside the United States do so on their
own initiative and are responsible for compliance with
local laws, if and to the extent that local laws are
applicable. Software from this Service is further subject
to United States export controls. No software from this
Service may be downloaded or otherwise exported or
re-exported (A) into (or to a national or resident of)
Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other
country to which the U.S. has embargoed goods, or (B) to
anyone on the U.S. Treasury Department list of Specially
Designated Nationals or the U.S. Commerce Department's
Table of Deny Orders. By using the Service, you represent
and warrant that you are not located in, under the control
of, or a national or resident of any such country or on
any such list.
16.
Miscellaneous. This
agreement shall be governed by and construed in accordance
with the laws of the State of Washington without giving
effect to any principles of conflicts of law. You may not
assign any of your rights, obligations or privileges
hereunder without the prior written consent of WTC. Any
assignment other than as provided for in this Section
shall be null and void, ab initio. If any provision of
this agreement shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed
severable from this agreement and shall not affect the
validity and enforceability of any remaining provisions.
This Agreement and any posted operating rules constitute
the entire agreement of the parties with respect to the
subject matter hereof, and supersede all prior or
contemporaneous communications and proposals, whether oral
or written, between the parties with respect to such
subject matter. No waiver by either party of any breach or
default hereunder shall be deemed a waiver of any
subsequent breach or default. The titles and subtitles
used in this Agreement are used for convenience only and
are not to be considered in construing or interpreting
this Agreement
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