ADVFN Registered User Agreement
1. PARTIES AND REGISTRATION: "ADVFN" means ADVFN PLC, its subsidiary companies and associated companies and its agents and employees. "You" means the person specified as the user in the registration form. The details provided by you on the registration form are important. You must ensure they are correct and complete and inform us of any changes. "Services" means the entire content of this website, including any facilities, applications and Information (as defined below).
2. PAYMENT: ACCESS TO ADVFN IS FREE. Premium services are available for which payment is required. ADVFN will notify you in all cases if the service you are trying to access is not free and give you the opportunity to choose to pay for the service. You agree to pay any fee for any of the premium services that you use which are not free of charge. Where you have chosen to make payment by credit card, the fees are payable in advance by way of monthly or annual subscription and are non-refundable except if ADVFN gives you notice to terminate without cause. Where you have chosen to make payment by cheque, the fee's are payable annually in advance and are non-refundable except if ADVFN gives you notice to terminate without cause. ADVFN may send you an email or write to you one month before the expiry date on your credit card, or, where payment is by cheque, the expiry of your current annual subscription. If we do not hear from you within 10 days of sending our e-mail or letter, we reserve the right to downgrade your subscription to that of our free services only. Your subscription service will be restored once we have received your new credit card details or cheque, as applicable. ADVFN will take all reasonable care to ensure that your payment data is properly transmitted and kept secure. You agree that we may receive remuneration from our connected companies or other third parties in respect of transactions carried out by them on your behalf. Details of any such remuneration will not be set out on the relevant contract note or confirmation note provided by such third party, but can be made available by them to you on request
3. COPYRIGHT AND YOUR RIGHTS:
Copyright and all other intellectual property rights subsisting in the database accessible via the Services and each and every piece of information provided through the Services (the "Information") is owned by ADVFN or the providers of such information ("Data Providers"). Reproduction of part or all of the contents in any form is prohibited other than in accordance with the following permissions:
Licence to copy for personal use:
You may print or download to a local hard disk extracts from the Information amounting to no more than four individual pages for your personal use only. Licence to recopy for limited purposes:
You may recopy to third parties for their personal information only certain Information as may be specified from time to time by ADVFN as being available for that purpose, but only if
1. you clearly and prominently acknowledge the ADVFN Web page as the source of the material; and
2. you inform third party that these conditions apply to him, her or it and that he/she/it must comply with them. This licence to recopy does not permit alteration, adaption or merging of material available on these pages. No part of the ADVFN Web pages may be distributed or copied for any commercial purpose.
No part of the ADVFN Web pages may be reproduced on or transmitted to or stored by any other Web site or other form of electronic retrieval system by any person or entity that operates any such Web site or electronic retrieval system.
4. USER NAME AND PASSWORD: You are responsible for all use of the Services made using your username and password, whether or not the use is made by you or someone else using your username and password. You are responsible for protecting and securing your username and password from unauthorised use. If you believe there has been a breach of security of your username you should notify ADVFN. ADVFN, at its absolute discretion, reserves the right to refuse a user permission to use any particular user name and/or password. It is not permitted to impersonate or to attempt to impersonate another user or to make use of or attempt to make use of another user's user name or password and any such actions may result in legal action, including criminal prosecution.
6. AVAILABILITY OF INFORMATION: ADVFN reserves the right to change the content, presentation, performance, user facilities and availability of any part of the Services at its sole discretion. It is your responsibility to refer to the changes. They may, at ADVFN's absolute discretion come into effect immediately on posting. ADVFN does not warrant any connection, transmission over, security of or results from the use of any network connection or facilities provided (or omitted to be provided) in connection with the Services.
A single registered account may not be accessed by more than one display device simultaneously. Note that when accessing services that are stated to be "limited", you agree to the following access conditions which assign your rights to be logged off the relevant service to which you subscribe:: ADVFN will at its discretion set a limit to the number of users who are able to access simultaneously those services (the "pool") and, on a rolling basis, if that number is exceeded the user who is the first in the pool will be logged off the relevant service.
Free users will be restricted to viewing one Level 1 page with price data on at any one time; Bronze users will be restricted to 3 pages; and Silver users will be restricted to 5 pages.
7. INVESTMENT WARNING: The Services and the Information are only for your general information and use and are not intended to address your particular requirements. In particular, the Services and Information do not constitute any form of advice or recommendation by ADVFN and are not intended to be relied upon by users in making (or refraining from making) any investment decisions. Appropriate independent advice should be obtained before making any such decision. Any arrangement made between you and any third party named in the Services is at your sole risk and responsibility. For your information we would like to draw your attention to the following investment warnings. The price of shares and investments and the income derived from them can go down as well as up, and investors may not get back the amount they invested. Past performance is not necessarily a guide to future performance. Where the Information consists of pricing or performance data, the data contained therein has been obtained from company reports, financial reporting services, periodicals, and other sources believed reliable. Data computations are not guaranteed by ADVFN or any of the Data Providers or affiliates and may not be complete. In respect of information relating to companies listed on the Alternative Investment Market ("AIM"), AIM is a market designed primarily for emerging or smaller companies to which a higher investment risk than that associated with established companies tends to be attached. In addition, the market for shares traded on AIM may not be as liquid as those traded on the Official List of the London Stock Exchange. The rules of AIM are less demanding than those of the Official List of the London Stock Exchange.
8. ACCURACY OF INFORMATION: Neither ADVFN nor any of its Data Providers or affiliates make any warranties expressed or implied, as to the accuracy, adequacy, quality or fitness for any particular purpose of the Information or the Services for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. ADVFN, its employees, Data Providers and affiliates may or may not hold investments in the companies referred to in the Information and Services. You bear all risks from any uses or results of using any Information. You are responsible for validating the integrity of any Information received over the Internet. Neither ADVFN nor its Data Providers or affiliates accept liability for any costs, losses or damages resulting from or related to the availability or content of the Services. The Services or any part do not constitute an offer or solicitation to sell investments in any jurisdiction.
9. INDEMNITY : You irrevocably indemnify ADVFN and its Data Providers and affiliates from and against any and all losses, damages and costs suffered or incurred by ADVFN, any Data Providers or affiliates of whatsoever nature arising out of or in connection with your use, provision or distribution of Information or any part or the Services or any part or otherwise howsoever arising in relation to any breach of this Agreement by you.
10. INFORMATION POSTED BY YOU :
You may post information on the Service (i.e. on the bulletin boards) or make it available to other users by e-mail only where and as permitted by ADVFN from time to time. Moreover, you may only use the website and Services at ADVFN's sole discretion and ADVFN may at any time decide to terminate your registered user account, or else withdraw your access to some or all of the website and Services, immediately and without notice to you. ADVFN does not monitor, approve, endorse or exert editorial control over information posted by users and does not therefore accept responsibility for or make any warranties in connection with or recommend that you or any third party rely on such information. You agree to not post (or transmit) (i) any information which in ADVFN's sole opinion is objectionable including, without limit, information which is defamatory, obscene, threatening, untrue or in breach of any applicable laws, rules, regulations or market conventions (including, without limit, financial services regulations), (ii) any information which is in breach of any person's rights (including without limit, copyright and confidentiality), (iii) any information or software which contains a virus, cancelbot, Trojan horse, worm or is otherwise harmful or (iv) any information which (in ADVFN's sole opinion) constitutes advertising or (v) any information outside the area designated for posting or (vi) any information or comment which (in ADVFN's sole opinion) is deemed harmful to ADVFN or ADVFN's commercial interests. ADVFN reserves the right to remove any such information from the Services without warning and to inform and give assistance to the relevant bodies in respect of any transgressions. Every message posted on ADVFN by or on behalf of an organisation which, in ADVFN's sole opinion, is in breach of these terms and conditions and requires removal of the message from the ADVFN site will incur a $15 per message engineering fee for removal. This fee is payable on demand by the organisation and will accrue interest monthly at 7% above base rate. We accept no responsibility for and give no warranties in connection with any information posted on our site by our users. We recommend that you do not rely on such information. Any information posted on our Web site by users has not been issued or approved for the purposes of section 57 of the Financial Services Act 1986. By placing on the Services or making available to other users any information you hereby grant ADVFN a worldwide non-exclusive licence to use copy, distribute, publish and transmit such information in any manner ADVFN wishes (including, without limit, archiving and making available such information as part of the Services).
11. HYPERTEXT LINKS : ADVFN provides hypertext links to sites on the Internet which are operated by other people. Using an external hypertext link means that you may be leaving ADVFN's site and ADVFN therefore takes no responsibility for and gives no warranties, guarantees or representations in respect of linked sites
12. LIABILITY :Due to the number of sources from which ADVFN obtains content and the nature of electronic distribution via the world wide web neither ADVFN nor any of its Data Providers nor affiliates have any liability (whether in contract or tort) for any losses, costs or damages resulting from or related to use of or inability to use any Information contained in the Services or the provision of the Services to the fullest extent to which such liability may be excluded or avoided by law and in no event shall ADVFN be liable to you for lost profits or for indirect, incidental, special, punitive or consequential damages arising out of or in relation to the Services or the provision of Information. ADVFN makes no warranty that the Service is year 2000 compliant or free from infection by viruses or anything else that has contaminating or destructive properties.
13. CONFLICTS OF INTEREST : Your attention is drawn to the fact that in respect of the Services, we, a connected company or some other person connected with us may have an interest, relationship or arrangement that is material in relation to any Information supplied or could give rise to a conflict of interest and you agree that we shall not be required to disclose it to you. Our employees are required to comply with a policy of independence and disregard any such interest, relationship or arrangement in the course of carrying out their employment.
14 TERMINATION : This agreement will continue unless terminated in accordance with the following provisions. You may terminate your monthly agreement by giving ADVFN not less than 30 days notice from your next monthly renewal date. You may terminate your annual agreement by giving ADVFN not less than 30 days notice before your next annual renewal date (see address below for contact details) and ADVFN may do the same, If you (i) fail to make any payments due to ADVFN, (ii) are in breach of any of the terms of this agreement (except for a trivial breach remedied within 7 days of its occurrence), or any generally accepted guidelines on Internet usage and etiquette (such as restrictions on mass mailings and mass advertisements, pirating or copying software, mail bombing or attempts to violate security), (iii) you do or fail to do any act which jeopardises the continuance of the Services, (iv) if bankruptcy or insolvency proceedings are brought against you, (v) if you do
not make any payments under a court judgement or fine, (vi) if you make an arrangement with your creditors or a receiver or administrator is appointed over your assets or (vii) if you go into liquidation, then ADVFN may withdraw the Services from you, immediately and without notice or compensation and such termination shall be considered "with cause". ADVFN will then be under no further obligation to you. Refunds of subscriptions to ADVFN are at ADVFN's sole discretion. To cancel your premium subscription please call us on +1-888-99-23836.
15. YOUR STATUS : You agree that in entering into this agreement you will at all times be acting as a Private Investor and not in the course of any employment, trade or profession which you may carry on. ADVFN reserve the right to retroactively apply professional subscription charges to your account if given sufficient reason to doubt your Private Investor status.
16. ASSIGNMENT : This agreement and any rights of access (password and username) to any Service provided to you may not be assigned, licensed or otherwise transferred by you to any other person without the prior written consent of ADVFN. You agree to keep your password confidential.
17. COMPLETE AGREEMENT : These terms and conditions together with the duly completed registration form and payment method instructions, if any, are the whole agreement between you and ADVFN. You acknowledge that you have not entered into this agreement in reliance upon any warranty or representation made by ADVFN. ADVFN may from time to time make changes to these terms and conditions and payment rates which will be set out on ADVFN's internet site not less than 14 days before they are intended to take effect. Unless you inform ADVFN by post or e-mail that you object to the proposed changes and wish to terminate your subscription within this 14 day period, you will be deemed to accept the proposed changes.
18. GENERAL : Any notice from ADVFN to you may be delivered by e-mail or post to you at your last known address. Evidence of posting (either electronically or otherwise) shall be taken as evidence of delivery. This agreement shall be governed by English Law. All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English Courts. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this agreement. Neither you nor ADVFN shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or their respective reasonable control. This agreement replaces all terms and conditions previously applicable to the provision of the Services or any of them.
19. ACCEPTABLE USAGE POLICY : As a provider of real-time streaming stock market data, ADVFN plc offers its customers the means to acquire said data via its online tools and products.
Customers are not permitted to utilise third party tools, applications or services that connect to, crawl, search, bot or stream from ADVFN plc infrastructure in order to collate datum without the express consent of ADVFN plc.
ADVFN plc reserves the right to take certain preventative or corrective actions against users who abuse the data, products and services provided.
Private Investor - Definition.
A Private Investor in the UK is a customer who does not carry on investment business within the meaning of the Financial Services Act 1986 (or is not carrying out regulated activity within the Financial Services and Markets Act 2000 once this has come into force) and who meets all of the conditions defined in points 1 through 5 below.
An Overseas Private Investor Customer (including The Republic of Ireland) is Customer who is not required to be regulated or supervised by a body concerned with the regulation or supervision of investment or financial services and who fulfils the criteria listed below.
1. The customer subscribes to the service in a personal capacity.
2. The customer is not currently registered or qualified as a professional securities trader or investment advisor with any national or state exchange, regulatory authority, professional association or recognised professional body and acting in that capacity.
3. The customer does not currently act in any capacity as an investment advisor, whether or not they have at some time been qualified to do so.
4. The customer uses the service solely in relation to the management of their personal funds and not as a trader to the public or for the investment of corporate funds.
5. The customer does not distribute, republish or otherwise provide any data from the service to any third party in any manner.
6. The non-professional charge is designed to cover individuals - the exception to this would be a share club operating on a non-professional basis.
TERMS AND CONDITIONS OF ACCESS TO THE INDICES
ADVFN PLC, at our discretion, provide you with services including, but not restricted to, news and information services. You agree to comply with the conditions imposed on your use of the services, as set out in these Terms and Conditions of Access and elsewhere in our services. These services may be outside our control or provided by a third party in which in case we cannot take responsibility for their content, or for any delays, interruptions or errors in the provisions of these additional services, provided we have exercised reasonable care and diligence in the selection of such providers.
Certain data accessible on our services is the intellectual property of the relevant news and information services provider or third parties that provide such data to the relevant service provider, or us. The data is protected by copyright and other intellectual laws and all ownership rights remain with the information service provider or the third party or us, as the case may be.
You may only use the data retrieved from our services for your own personal and non-commercial purposes while accessing our services. Such use will be in accordance with these Terms and Conditions of Access and the requirements set out elsewhere on our services. You may not copy, distribute or redistribute the data, including by caching, framing or similar means or sell, resell, re-transmit or otherwise make the data retrieved from our services available in any manner to any third party. You may not store the data for the purposes of creating a historical database or historical data product. You may not use any of the data in connection with the issuance, trading, marketing or promotion of investment products (e.g., derivatives, structured products, investment funds, investment portfolios, etc. where the price, return and/or performance of the investment product is based on or related to the data) without a separate written agreement with us, the information service provider or third party, as the case may be, that has ownership rights to the data (e.g. Dow Jones & Company, Inc., S&P, etc.).
The data is provided "as is". We, any information service provider or any third party shall not be liable to you or any third party for any loss or damage, direct, indirect or consequential, arising from (i) any inaccuracy or incompleteness in, or delays, interruptions, errors or omissions in the delivery of the data or any other information supplied to you through our services or (ii) any decision made or action taken by you or any third party in reliance upon the data. Nor shall we, any information service provider or any third party be liable for loss of business revenues, lost profits or any punitive, indirect, consequential, special or similar damages whatsoever, whether in contract, tort or otherwise, even if advised of the possibility of such damages incurred by you or any third party.
Where the information consists of pricing or performance data, the data contained therein has been obtained from sources believed reliable. Data computations are not guaranteed by any information service provider, third party or us or any affiliates and may not be complete. Neither we, any information service provider, nor any third party give any warranties, as to the accuracy, adequacy, quality or fitness, timeless, non-infringement, title, of any information for a particular purpose or use and all such warranties are expressly excluded to the fullest extent that such warranties may be excluded by law. You bear all risk from any use or results of using any information. You are responsible for validating the integrity of any information received over the Internet.
Transmission may be subject to arbitrary delays beyond our control, which may delay the provision of our services and the execution of your orders. You acknowledge that neither we, any information service provider, nor any third party will be liable to you or any third party for any losses arising from such delay.
In no event will we, any information provider, or third party be liable for any consequential loss including but not limited to special, incidental, direct or indirect damages resulting from delay or loss of use of our services. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of our services.