TERMS OF USE
You: means you, the user of the App, and "your" shall be interpreted accordingly.
We/us: means Dukascopy Bank SA and its affiliates, and "our" shall be interpreted accordingly.
App: means https://www.facebook.com/apps/application.php?id=124661587605657
User Information: means the personal details, which may be provided by you to us via the App.
Users: means the users of the App collectively and/or individually depending on the context in which it is used in these Terms of Use.
Content: means all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code contained on the App, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
You agree that any use by you of the App shall be in accordance with the following conditions:
2.1 You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the App or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the App. We reserve the right to monitor and to bar any such activity and your use of the App hereby authorizes us to monitor your use of the App and its Content.
2.2 You may not attempt to gain unauthorized access to any portion or feature of the App or any other systems or networks connected to the App or its server, or to any of the services offered on or through the App, by hacking, password “mining” or any other illegitimate means.
2.3 You may not probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to the App, or any other customer of ours, including any App account not owned by you, to its source, or exploit the App or any service or information made available or offered by or through the App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the App.
2.4 You shall register for the App submtiting true, accurate and valid User Information, including but not limited to name, gender, telephone number and age. Failure to comply may lead to your disqualification from any competitions and similar events and the suspension of your use of the App and/or access to the Dukascopy Community.
2.5 You may not send unsolicited messages of a promotional nature, severally or in bulk, to other Users. "Flooding" the Dukascopy Community with repetitive, senseless messages or comments is prohibited. "Trolling" or posting inflammatory, off-topic or messages of similar nature will lead to your disqualification from any contests and possible suspension. You may not post senseless comments for the sole purpose of increasing your profile's visibility .
2.6 You may not use the App or any Content for any purpose that is unlawful or prohibited by these Terms of Use or the law, or to solicit the performance of any illegal activity or other activity which infringes our rights or rights of others .
2.7 You will not post or transmit through the App any defamatory, threatening, obscene, harmful, pornographic or otherwise illegal material or material which would violate or infringe in any way upon our rights or those of others(including intellectual property rights, rights of confidentiality or rights of privacy) or cause distress or inconvenience . You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive . You will always treat other users with respect .
2.8 You will not post or otherwise make available on the App any material which you do not own without the express permission of the owner of the material .
2.9 You will not copy, download, reproduce, republish, frame, transmit in any manner whatsoever, any material on the App except as is strictly necessary for your own personal non - commercial use.
2.10 You will abide by the specific rules of any contest or promotion that you participate in on or via the App . You cannot use any third party to enter any competition or prize promotion on your behalf including any third party proxy service, facilitator or agent . Any entries submitted under a false or assumed name will be disqualified .
2.11 You may not use anyone else’s User ID or password at any time without the express permission and consent of the holder of that User ID or password . We cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations .
3.1 All Content, is owned, controlled or licensed by or to us, and is protected by law, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
3.2 Except as expressly provided in these Terms of Use, no part of the App and no Content may be copied, reproduced, republished, rewritten, used as a news source, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise or commercially exploited, without our express prior written consent.
3.3 You acknowledge that by posting materials on the App, you grant to us and our licensors and assigns, an irrevocable, perpetual, royalty-free, worldwide license to use the materials. The license extends to copying, adapting, translating and editing the materials for use on the App, the Dukascopy Community and otherwise displaying them publicly.
3.4 If you are the owner of copyrighted material which has been posted on the App without your permission, please contact us with your request and proof that you own the copyrights in question, and we will remove the content.
4.1 We are not liable for any material which is posted on the App by any other person including users, and we are not responsible for and do not endorse such material, and accept no responsibility for its accuracy. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by you and edit, refuse to post, or remove any content from the bulletin boards (if any) or otherwise that may be available through our App from time to time, in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by us.
4.2 We will not be held responsible or liable for the content, accuracy, timing or reliability of any information or statements contained within the App, or for statements, advice and/or opinions made or given by Users (except as required by law). If you have any claim arising from the actions or statements of another User, you agree to pursue such a claim only against that User and not from us.
4.3 We will endeavor to provide the App using all reasonable care. Except as required by law, we will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the App and do not promise that the material contained in the App, or any of the functions contained in the App or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material. The App and its Content are provided on an "as-is" basis and with all its faults. All information available on the App is subject to change without notice. We cannot ensure that any files or other data you download from the App will be free of viruses, contamination or destructive features. We disclaim all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. We disclaim any and all liability for the acts, omissions and conduct of third parties in connection with your use of the App. You assume full responsibility for your use of the App and any linked sites. Your sole remedy against us for dissatisfaction with the App or any Content is to stop using the App or any such Content.
4.4 The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
4.5 We reserve the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the App, or any portion of the App, for any reason; (2) to modify or change the App, or any portion of the App, and any applicable policies or terms; and (3) to interrupt the operation of the App, or any portion of the App, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
4.6 Except where prohibited by law, in no event will we be liable to you for any loss of (i) profits (ii) business interruption (iii) goodwill or reputation or otherwise, or for any indirect, consequential, exemplary, incidental or punitive damages, including any indirect or consequential losses, even if we have been advised of the possibility of such damages.
4.7 If, notwithstanding the other provisions of these Terms of Use, we are found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the App or any Content, our liability shall in no event exceed EUR 100.00.
4.8 You undertake to indemnify, on demand, and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of the App.
5.1 We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the App, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or Users of the App, including our customers and advertisers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organisations for fraud protection purposes.
5.2 You acknowledge and agree that we may preserve any transmittal or communication by you with us through the App or any service offered on or through the App, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data privacy breaches or the rights of others, or (4) protect our rights, property or the personal safety of our employees, Users of or visitors to the App, and the public.
5.3 You agree that we may, in our sole discretion and without prior notice, terminate your access to the App and/or block your future access to the App if we determine that you have breached or failed to comply with any one or more of these Terms of Use or other agreements or guidelines which may be associated with your use of the App. You also agree that any breach or non-compliance by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to us obtaining any injunctive or equitable relief that we may deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have against you at law or in equity.
5.4 You agree that we may, in our sole discretion and without prior notice, terminate your access to the App, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the App or any service offered on or through the App, or (4) unexpected technical issues or problems.
5.5 If we do take any legal action against you as a result of your breach of these Terms of Use, we will be entitled to recover from you, and you undertake to pay, on demand, all reasonable legal fees and costs of such action, in addition to any other relief granted to us. You agree that we will not be liable to you or to any third party for termination of your access to the App as a result of any breach or non-compliance of these Terms of Use.
6.1 We shall comply with all applicable data protection legislation from time to time in place in respect of any personal information relating to you gathered by us. For further information on our Privacy Policy please see http://www.dukascopy.com/fxcomm/?action=app-privacy-policy.
7.1 We reserve the right immediately to terminate your use of the App if you breach or do not comply with any of our Terms of Use or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.
7.2 In the event of your breach of these Terms, we may disqualify you from any contests in which you are participating, including your eligibility for any prizes, and any prizes you may have won in previous competitions will be forfeited.
8.1 You agree that all matters relating to your access to or use of the App, including all disputes, will be governed by the laws of Switzerland and without regard to its conflicts of laws provisions. You agree to the exclusive jurisdiction of the Courts of Switzerland and waive any objection to such jurisdiction or venue.
8.2 In the event of any controversy or dispute between us and you arising out of or in connection with your use of the App, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
9.1 Dukascopy Bank SA, Route de Pre-Bois 20, Geneva 15, Switzerland.
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