Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE
Definitions & Interpretation
The following terms shall have the following meanings:
Account means collectively the personal information and credentials used by Users to access Material and/or the System and/or the Service on the Web Site;
Business Day means a day in England when banks are open for business generally in the City of London;
Content means (including but not limited to) any text, graphics, logos, icons, images, audio, video, software, data compilations, page layout and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
License means the additional applicable terms specified by Fix Protocol Ltd. governing the use of Material from this Web Site;
Materials means Content that FIX Protocol Ltd. may make available for download, purchase or subscription (as applicable) by Users subject to the terms of the appropriate License;
FIX Protocol Ltd. or we or our or us means FIX Protocol Ltd., Registered in England No. 3760285 Registered Office: 6 St Andrew Street, 5th Floor, London EC4A 3AE;
Payment Information means any details required for the purchase of Material from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
Purchase Information means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;
Service means collectively any online facilities, tools, services or information that FIX Protocol Ltd. makes available through the Web Site either now or in the future, and includes (if permitted by the applicable License) access to Materials;
System means any online communications infrastructure that FIX Protocol Ltd. makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
User(s) means any third party that accesses the Web Site and is not employed by FIX Protocol Ltd. and acting in the course of their employment; and
1. Limited license
3. No Recommendations or Advice
3.1. The Web Site (including all the Content), the Service (including all Materials) and the FIX Protocol should be used for information purposes only. FIX Protocol Ltd., and its employees and agents are not financial advisors and are not regulated by the UK Financial Conduct Authority (“FCA”) or any other global regulatory body. If you make investment decisions in reliance on information you receive in connection with the Service, you do so at your own risk and FIX Protocol Ltd., its employees, and its management will not be liable for any losses that you may sustain.
4. Eligibility and Restrictions
4.2. When using the Service, you must comply with all applicable laws, including without limitation, the rules and regulations of the FCA, the Financial Services and Markets Act 2000, the Financial Promotions Order 2005, the European Union Markets in Financial Instruments Directive (MiFID) (2004/39/EC), U.S. Securities and Exchange Commission (all as updated or replaced from time to time) and the national or other securities exchanges of any jurisdiction in which you are located or operate, or which apply to your activities, including compliance with rules against making false or misleading statements to manipulate the price of a security and any requirements regarding the promotion of investments or the listing of primary securities. You personally will not, and will not permit anyone else to:
4.2.1. store, copy, modify, distribute, or resell any of the Content made available on the Web Site or compile or collect any Content as part of a database or other work, except where such Content explicitly permits such use;
4.2.2. use any automated tool (e.g., robots, spiders) to use the Web Site or store, copy, modify, distribute, or resell any Content, except where such Content explicitly permits such use;
4.2.3. rent, lease, or sublicense your access to the Web Site to another person;
4.2.4. use the Service or Content for any purpose except for your own personal use save where explicitly permitted;
4.2.5. circumvent or disable any digital rights management, usage rules, or other security features of the Service or Content;
4.2.6. use the Service in a manner that threatens the integrity, performance, or availability of the Service or Content; or
4.2.7. remove, alter, or obscure any proprietary notices (including copyright notices and license terms) on any portion of the Content.
5. User Conduct
5.1. FIX Protocol Ltd. asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Web Site, you agree not to:
5.1.1. use FIX Protocol Ltd.’s facilities, services or resources (including but not limited to the Service, the Content and the System) in a manner which violates any applicable laws or regulations;
5.1.2. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
5.1.3. impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5.1.4. intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other Users without permission; solicit a User’s password or other Account information or Payment Information; or use other Users’ user names, email addresses or other personal information for any purpose;
5.1.5. post submissions that contain nudity, violence, or offensive subject matter;
5.1.6. promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is unlawful, abusive, threatening, obscene, defamatory or libelous;
5.1.7. sell or otherwise transfer your profile or account on the Service; or
5.1.8. use FIX Protocol Ltd.’s facilities, services or resources (including but not limited to the Service, the Content and the System) in a manner that interferes with or disrupts other Users, other network Users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorised entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorised security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
6.1. Either FIX Protocol Ltd. or you may terminate your Account. If FIX Protocol Ltd. terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
7. Intellectual Property Rights
7.1. You acknowledge and agree that the Service, and any necessary software used in connection with the Service (“Software”), both contain proprietary and confidential information that is protected by applicable intellectual property rights and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by FIX Protocol Ltd., you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. FIX Protocol Ltd. grants you a personal, revocable, non-transferable and non-exclusive license to use the object code of its Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by FIX Protocol Ltd. for use in accessing the Service.
7.3.1. you will not use the Content for commercial purposes (unless expressly stated to the contrary on the Web Site); and
7.3.2. you will not systematically copy Content with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by FIX Protocol Ltd.
Third party intellectual property
Fair use of intellectual property
7.5. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
Links to other web sites
7.6. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of FIX Protocol Ltd. or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to other sites on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
Links to this Web Site
7.7. Those wishing to place a link to this Web Site on other sites may do so only to sub-pages residing under this domain. Deep linking (i.e. links to specific pages within the site) is permitted where such pages are accessible.
7.8. When using the Forums, Blogs, Comment Facilities, News Channels, Discussion Groups, and Communication Platform Facilities and/or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
7.8.1. you must not use obscene or vulgar language;
7.8.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.8.3. you must not submit Content that is intended to promote or incite violence;
7.8.4. it is advised that posts on message boards, chat facilities or similar and communications with FIX Protocol Ltd. are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.8.5. Content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
7.8.6. you must not post links to other web sites containing any of the above types of Content referred to in this Clause 7.8;
7.8.8. you must not engage in any form of commercial advertising. FIX Protocol Ltd. is an independent and neutral industry standards body and all Content posted in these areas by Users should not seek to be promotional in any respect, for example promotional of a company or its products and/or services. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
7.8.9. you must not impersonate other people, particularly employees and representatives of FIX Protocol Ltd. or our affiliates;
7.8.10. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks including the Software; and
7.8.11. you must not use our System for unauthorised mass-communication such as spam or junk mail.
7.9. You acknowledge that FIX Protocol Ltd. reserves the right to monitor any and all communications made to us or using our System.
7.10. In order to use the Forums, Blogs, Comment Facilities, News Channels, Discussion Groups and Communication Platform Facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
7.10.1. any information you submit is accurate and truthful; and
7.10.2. you will keep this information accurate and up-to-date.
7.11. By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and/or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant FIX Protocol Ltd. a license to modify the Content as necessary for its inclusion on the Web Site. FIX Protocol Ltd. accepts no responsibility or liability for any infringement of third party rights by such Content. You will indemnify and hold FIX Protocol Ltd., and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused for infringement of any third party intellectual property rights anywhere in the world in consequence of Fix Protocol Ltd.’s use any Content which you submit or related in any way to the Content which you submit.
7.12. Unless a User informs FIX Protocol Ltd. otherwise, in advance of posting, in writing, and FIX Protocol Ltd. agrees to any terms or restrictions, all Content submitted is for publication on the Web Site and other such uses as FIX Protocol Ltd. may deem appropriate under a royalty-free, perpetual basis.
7.13. FIX Protocol Ltd. will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of:
7.13.1. your use of any Content on the Web Site; or
7.13.2 any errors or omissions in any Content on the Web Site as made available by FIX Protocol Ltd., and
your use of and reliance upon any Content on the Web Site is entirely at your own risk.
7.14. Content submitted by Users is at times screened by FIX Protocol Ltd. prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to email@example.com. This does not constitute an undertaking to explain our actions.
7.15. In the event that any of the provisions of sub-Clause 7.8 above are not followed, FIX Protocol Ltd. reserves the right to suspend or terminate your access to the Service and/or the System. Any Users banned in this way must not attempt to use the Web Site under any other name or by using the access credentials of another User, with or without the permission of that User.
8.1. FIX Protocol Ltd. may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service (“Feedback”). You agree that FIX Protocol Ltd. may, in its sole discretion, use the Feedback you provide to FIX Protocol Ltd. in any way, including in future modifications to the Service. You hereby grant FIX Protocol Ltd. a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
9.1. FIX Protocol Ltd. makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided (including but not limited to Content and Materials) will be accurate. We make no guarantee of any specific results from the use of our Service. FIX Protocol Ltd. may update the Web Site from time to time, and may change the Content at any time. However, FIX Protocol Ltd. makes no warranty or representation that the Web Site or Content will be up to date at any given time.
9.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
9.4. Whilst every effort has been made to ensure that all descriptions of Services available from FIX Protocol Ltd. correspond to the actual Services available, FIX Protocol Ltd. is not responsible for any variations from these descriptions.
10. Availability of the Web Site
10.1. We give no warranty that the Service will be free of defects and/or faults.
10.2. FIX Protocol Ltd. accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
11. No Waiver
12. Limitation of Liability
12.1. Whilst every effort is made to keep viruses and similar malicious software or code out of the Web Site, the Service, the System, the Content and the Material provided by FIX Protocol Ltd., FIX Protocol Ltd. accepts no liability for any damage done by such elements. You bear the responsibility of ensuring adequate virus protection for your own systems and are advised to make regular and frequent back-ups.
12.4. FIX PROTOCOL LTD. WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), FOR BREACH OF STATORY DUTY, OR OTHERWISE, EVEN IF FORESEEABLE FOR ANY:
12.4.1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSS OR DAMAGE; OR
12.4.2 DIRECT OR INDIRECT (A) LOSS OF PROFITS, SALES, BUSINESS OR REVENUE, (B) BUSINESS INTERRUPTION, (C) LOSS OF ANTICIPATED SAVINGS, OR (D) LOSS OF BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION,
14. Law and Jurisdiction
15.1. All notices/communications shall be given to us either by post to our premises (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a Business Day and on the next Business Day if the email is sent on a weekend or public holiday.
17. Contacting FIX Protocol Ltd.
18. Contacting FIX Protocol Ltd.
SCHEDULE 1 – SUBMISSION OF MATERIALS TO THE WEBSITE BY USERS
1. Submission of Material
1.1. By submitting Material to the Web Site you warrant and represent that you are the author of such Material and that, where appropriate, you have acquired all of the appropriate rights and/or permissions to use the Material in this fashion under the terms of any applicable license. FIX Protocol Ltd. accepts no responsibility or liability for any infringement of third party rights by using such Material. You will indemnify and hold FIX Protocol Ltd., and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused for infringement of any third party intellectual property rights anywhere in the world in consequence of FIX Protocol Ltd.’s use of any Material which you submit or related in any way to the Material which you submit
1.2. You hereby authorise FIX Protocol Ltd. to license your Material to third parties. Such distribution is based on the terms of FIX Protocol Ltd.’s standard License, except as explicitly varied on a case by case basis by separate written agreement.
1.3. By submitting Material you expressly agree that FIX Protocol Ltd. may use your Material in the following ways which may include sharing your name, your company (or organisation) and if appropriate, your affiliation with FIX Protocol Ltd., with third parties in connection with the Materials submitted:
1.3.1. for promotional purposes;
1.3.2. for distribution;
1.3.3. for publication;
1.3.4. FIX Protocol Ltd. may publish your Materials in its Web Site. This will include your name, your company (or organisation) and if appropriate, your affiliation with FIX Protocol Ltd.
2. Moderation and Removal / Amendment Of Content
2.1. FIX Protocol Ltd. at times actively monitors your postings to the Web Site. In our efforts to promote good citizenship within the FIX Protocol Ltd. community, if FIX Protocol Ltd. becomes aware of inappropriate use of the Service, FIX Protocol Ltd. shall be entitled to respond in any way that we deem appropriate in our sole discretion including removing the inappropriate postings and even revoking your posting permission. You acknowledge that FIX Protocol Ltd. may report to government or regulatory authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, FIX Protocol Ltd. may cooperate with government authorities in any investigation of alleged illegal activity.
3. Non-Commercial Submissions to FIX Protocol Ltd.
3.1.1. For third-party widgets or plug-ins included in the widget gallery: contributors may further reserve their rights by including an appropriate copyright statement attributing ownership of the copyright to the licensor party, (including reference to any right to distribute afforded by any license obtained from the copyright holder (where applicable) and reference or link to the appropriate licensing terms), within the relevant section of the deployed Elgg plug-in.
3.1.2. This statement shall specify whether the license conferred to FIX Protocol Ltd. excludes any of the following uses: “copy”, “modify”, “adapt”. The license granted cannot exclude the following uses which are intrinsic to the inclusion of the content within the platform: “use”, “transmit”, “distribute”. If you wish to exclude any of these uses you should consider whether it is appropriate to post the content, or in the event of doubt should contact FIX Protocol Ltd. to discuss the specific basis of use intended. Additionally, where such widgets include elements themselves derived from or including code or content subject to existing licensing terms (such as GNU GPL v2 which requires that all derivative works are themselves licensed on the same basis), the contributor must ensure that they are entitled to impose such restrictions under the terms of the associated license in order for such restriction to have any binding effect.
3.1.4. For trademarks, logos or other commercially sensitive content: where such content is included in posts, profiles, etc. for display on the site, or uploaded into media galleries or file repositories within the site, an appropriate copyright notice should be displayed with the content. For images, audio and video content, it is recommended that such notices are explicitly superimposed on the artifact itself, or the artifact is mounted on a suitable canvas along with the copyright notice so as to cause them to be intrinsically bound together (for example by flattening the layers of an image to create a new image including both the original artifact and the copyright notice), or the copyright notice is bound to the artifact as metadata in a way which causes it to be carried with the artifact when it is saved, copied or reproduced, and which is readily accessible to anyone attempting to do so, such as its inclusion in the associated “properties” field.
3.3. FIX Protocol Ltd. will not accept any liability for the display of such content on its platform, and by accepting these terms the contributor accepts all liability for the consequences of any copyright violation, and holds FIX Protocol Ltd. indemnified accordingly. In the event of any complaint regarding such usage, FIX Protocol Ltd. reserves the right to suspend the availability of the content and disclose the identity of the contributor to the complainant in the event that in FIX Protocol Ltd.’s reasonable view there is any basis to the complaint, or if required to do so by any legal process or statutory authority in any relevant jurisdiction.
3.5. Where content includes descriptions, implementations, or examples of technical components, business methods or other elements subject to a patent or a pending patent, the patent holder may optionally display a notice alerting Users to the existence of the patent and associated registration details.
3.6. You further represent and warrant that you agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Web Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.
3.7. All non-commercial contributions to the Web Site shall be regarded as being contributed under the terms of a Creative Commons Attribution-Share Alike 2.0 UK: England & Wales license, unless explicitly associated with another license, either as explicitly listed according to the procedures listed above or as defined using any specific license management facilities provided within the Web Site, and in the absence of such explicit provisions you hereby grant to other Users of the site the right to use, copy, modify, adapt, transmit, and distribute your submissions in accordance with the terms of such license. You further represent and warrant that:
3.7.1. you own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and
3.7.1. the posting of your submissions on or through the Web Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
5.1. You agree to indemnify, defend and hold harmless FIX Protocol Ltd. and, where appropriate, its officers, employees, members, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal costs and expenses, arising out of or related to the use or the inability of use of any Material, your failure to abide by any restriction relating to the use of Material submitted by you, or any claim by a third party relating to the use of Material submitted by you.