Dated: September 2017
Finecast Global Limited (“Finecast”) provides this website and its associated services (“Service”). In order to use this Service, you must read and agree with these terms (this “Agreement”). By using the Service, you agree as follows:
1.2 Licence Restrictions. Unless otherwise authorized by this Agreement or Finecast in writing, User shall not:
(a) Sublicense to, transfer, network, transmit, distribute, or permit use of the Service by, any third party;
(b) Reverse engineer, decompile, or disassemble any aspect of the Service;
(c) Transmit or communicate any data that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
(d) Harm minors in any way;
(e) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(f) Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
(g) Transmit, access or communicate any data that you do not have a right to transmit 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 non-disclosure agreements);
(h) Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(i) Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(j) Interfere with or disrupt the Service or other user’s use of the Service;
(k) Intentionally or unintentionally violate any applicable local, state, national or international law, including securities exchange and any regulations requirements, procedures or policies in force from time to time relating to the Service;
(l) Monitor traffic or make search requests in order to accumulate information about individual users;
(m) Modify, delete or damage any information contained on the personal computer of any other user;
(n) Use the Service in any way related to gambling or illegal lotteries or illegal sweepstakes;
(o) Harm the Service including using any program or other mechanism to slow or “crash” the network; or
(p) Allow usage by others in such a way as to violate this Agreement.
1.3 Indemnification. User (i) agrees to indemnify, defend and hold harmless, and (ii) hereby releases, Finecast, its licensors, and their direct and indirect parent, subsidiary and sister corporations, and their respective officers, directors, employees, and agents from and against any and all losses, liabilities, claims, obligations, costs and/or expenses (including reasonable legal fees) which result from, arise out of or in connection with User’s use of the Service or activities related thereto or User’s violation of this Agreement.
1.4 Term of the Agreement. The grant of licence herein, may be terminated by Finecast at any time, for any reason or for no reason, in Finecast’s sole and absolute discretion, by providing written, electronic or emailed notice to User. User may, at any time and for any reason or for no reason, terminate this Agreement by uninstalling the Service. At termination, User shall erase all copies of the Service from User’s hardware.
2.2 Licensed Intellectual Property. Finecast, through arrangements with licensors, may use the Service to incorporate certain external intellectual property (“Licensed Intellectual Property”) into the Service. This Licensed Intellectual Property shall remain the property of the licensors and any and all intellectual property rights thereto shall remain with the licensors.
4.2 No Liability For Damages. TO THE GREATEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FINECAST, ANY PARENT, SUBSIDIARY OR OTHERWISE RELATED COMPANY, OR EMPLOYEES, AGENTS, OFFICERS AND/OR DIRECTORS OF ANY OF THE ABOVE, BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL PUNITIVE OR OTHER DAMAGES OR LOST PROFITS, DATA OR BUSINESS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF ANY OF THE ABOVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.3 No Support. Finecast does not provide any guaranteed support for the Service. However, Finecast may provide an e-mail address and/or forum for User to send any questions and/or comments regarding the Service. Finecast does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to User’s e-mail(s) and/or forum postings.
5.2 No Class Action. You and Finecast agree that any Dispute shall be limited to the Dispute between Finecast and you individually. To the full extent permitted by law no arbitration or other dispute resolution proceeding shall be joined with any other or decided on a class-action basis.
5.3 Choice of Law and Venue. Each party agrees to submit to the exclusive personal jurisdiction of the English courts. Construction and performance of this Agreement and the legal relations between the parties hereto shall be under the laws of England and Wales without regard to its conflict of laws provisions. Each party hereby waives any claim that such venue is improper or inconvenient.
6.2 Severability and Assignment. If any provision of this Agreement shall be held invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the validity and enforceability of all other provisions of this Agreement shall not be affected thereby. User shall have no right to assign this Agreement.
6.3 Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto relating to the subject matter hereof and supersedes all prior oral and written and all contemporaneous oral negotiations, commitments and understandings of the parties. Changes made by User to this Agreement will not be effective unless set forth in a writing describing the change and agreed to and signed by both Finecast and User. Finecast reserves the right to change the terms of this Agreement at any time upon notice to User by e-mail or on its webpage. Such changes by Finecast shall be effective upon notice to User and User’s continued use of the Service after notice of a change in terms by Finecast shall constitute User’s acknowledgement of and agreement to be bound by such changes.
6.4 Rights of Third Parties. this Agreement is made for the benefit of the parties to it and is not intended to benefit or be enforceable by any other person and does not create any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any person who is not a party to this Agreement.
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