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Dukascopy TV

TERMS AND CONDITIONS

These terms were last updated September 5, 2016
Welcome to Dukascopy TV!

READ THE FOLLOWING TERMS AND CONDITIONS (the “T&C”) CAREFULLY THEY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHT AND OBLIGATIONS IN RELATIONSHIP WITH DUKASCOPY TV. WE WOULD LIKE TO INFORM YOU THAT BY ACCESSING OR OTHERWISE USING DUKASCOPY TV WEB-SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE T&C. IF YOU DON'T AGREE PLEASE DON'T CONTINUE USING THE DUKASCOPY TV WEB-SITE.

  1. WHAT THIS T&C IS AND WITH WHOM THEY HAVE CONCLUDED These T&C has the force of legal agreement concluded between You (the “User”) and Dukascopy Bank SA (the “Dukascopy”, “We” or “Us”) which is legal entity established by Switzerland law. These T&C covers relations of using DUKASCOPY TV web-site (the “TV web-site” or “site”, “Service”) which accessible on the following address: https://www.dukascopy.com/tv/.
  2. APPLICABLE LAW AND DISPUTE RESOLUTION These T&C is governed by substantive law of Switzerland. With respect to any dispute arising out of or in connection with these T&C (including the Additional Conditions for some areas of the Service) or the Content of the Service, each party hereby irrevocably and unconditionally submits to the exclusive jurisdiction of the Courts of the Canton of Geneva, except in case of appeal to the Swiss Federal Court. These T&C is drawn up in English in the event of any conflict between translated version and the English version, the English version shall prevail.
  3. EFFECTIVE VERSION OF THESE T&C AND UPDATING RULE
    1. Dukascopy may change or discontinue any aspect, service or feature of the site at any time including, but not limited to, content, hours of availability, and equipment needed for access or use.
    2. Please check the T&C in order to follow their requirements as it is your responsibility to comply with these rules and requirements.
  4. MODIFICATIONS Dukascopy reserves the right to modify or discontinue, temporarily or permanently, TV web-site (or any part thereof) with or without notice. You agree that Dukascopy will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
  5. COMMUNITY GUIDELINES By submitting any User Content or participating in the Interactive Area in connection with the Service, you agree to meet the following rules of conduct:
    1. You agree not to upload, post or otherwise transmit any User Content that:
      1. violates or infringes in any way the rights of others, including any statement(s) and image(s) which may defame, harass, stalk or threaten others;
      2. you know be false, misleading or inaccurate;
      3. contains blatant expression of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
      4. contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality or that is otherwise obscene or lewd; violent behavior; contains violent images of killing or physical abuse that appear to have been captured solely or principally for exploitive, prurient, or gratuitous purposes; poses a reasonable threat to personal or public safety;
      5. violates any law or advocates or provides instructions on dangerous, illegal, or predatory acts, or discuss illegal activities (including but not limited to robbery, or acts of terrorism) with the intent to commit them;
      6. is protected by copyrights, trademark, right of publicity or other proprietary right without the express permission of the owner of such copyrights, trademark, right of publicity or other proprietary rights rests with you. You should be solely liable for any damage resulting from any infringement of copyrights, trademark, rights of publicity or other proprietary right or any other harm resulting from such a submission in the Interactive Area, damages included but not limited to the attorney’s fees. Any person identified by Dukascopy, as the responsible of these violations may be deprived of the possibility to access, to upload or comments in the Interactive area. This decision will be taken by Dukascopy in its sole discretion;
      7. contains any unsolicited or unauthorized advertising or promotional materials with respect to services, junk mail or spam or any other form of solicitation.
    2. You also:
      1. agree not to engage in activity that would constitute a criminal offense or give raise to a civil or penal liability;
      2. you agree not to impersonate any person or entity, including but not limited to, Dukascopy or any Dukascopy’s employee, officers, agents or falsely state or otherwise misrepresent your affiliation with any person or entity linked directly or not to Dukascopy;
      3. you agree not to represent or suggest, directly or indirectly Dukascopy’s endorsement of any User Content, you agree not to upload, post or otherwise transmit any User Content, software or other material that contains a virus or other harmful or disruptive components;
      4. you agree not to interfere with or disrupt the Service or the servers or networks connected to it or disobey any requirements, procedure, policies or regulations of network (i.e. these Terms and Condition) connected to the Service;
      5. you agree not to attempt to and/or not to reproduce, duplicate, copy, sell, resell, exploit for any commercial purposes any portion of the Service; access to the Service using any interface other than ours;
      6. you agree not to use any service, technologies or automated system to artificially inflate the page views that your User Content receives. This included but not limited to pay-per-click services, web robot and any current or future technologies or automated system or ‘black hat’ methods on your behalf; you also agree not to use any technologies, services or automated service to post more User Content than an individual could upload in a given period of time;
      7. you also agree not to divert any third party to use these services, technologies or automated system on your behalf;
      8. you agree not to frame the Service or its content, make the Service or its content available in via in-line links, otherwise display the Service in connection with an unauthorized logo or mark, or do anything that could falsely suggest an existing and future relationship between Dukascopy and any third party or potentially deprive Dukascopy of revenue;
      9. you agree not to advertise goods, or service or competition without our written consent; (hereafter the word “written consent” means a declaration signed by at least 2 authorized signature of Dukascopy Bank SA).
      10. you agree not to interfere with others using the Service or otherwise disrupt the Service;
      11. you agree not to transmit, collect, or access personally identifiable information about other users without the written consent of those users and Dukascopy;
      12. you agree not to remove, modify, disable, add, block or otherwise impair any advertisement in connection with the Service;
      13. you agree not to disassemble, decompile, or otherwise reverse engineer any software or other technologies included in the Service or in his content;
      14. you agree not to transmit file that contains viruses, spyware, hardware, or other harmful code;
      15. you agree not to engage in unauthorized spidering, “scraping”, “data mining”, or use or attempt to use of “robot”, “bot”, “computer code”, or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service Information without the prior express written consent of Dukascopy;
      16. you may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content;
      17. you agree not to impose or attempt to impose an unreasonable or disproportionally large load or burden on the Service or the infrastructure of the Service;
      18. you agree not to remove, avoid, interfere with, or otherwise circumvent or attempt to circumvent using any kind of technologies, any access control measures for the Service or his content, including password-protected areas, or any digital rights management measure used in connection with Content;
      19. you agree not to access any portion of the Site that Dukascopy has not authorized you to use (including password-protected area), link to password-protected area, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials (i.e. username and password).
  6. TV WEB-SITE AND CONTENT WARRANTY DISCLAIMER
    1. We are doing all our best to maintain and support TV web-site but We cannot guarantee that TV web-site will be accessible and working well at any time from any computer or other gadget. TV web-site provided AS IS and You agree that Dukascopy will not be liable to you or to any third party for any malfunction of TV web-site.
    2. We do not warrant that the information provided on TV web-site is accurate, complete or suitable for any purpose. Dukascopy will not accept any liability for loss or damage as a result of reliance on the information contained within this website including but not limited data, quotes, charts and buy/sell signals. Please don`t use information located on TV web-site as only basis for taking decision for any kind of investment.
    3. Hereby you expressly agree that use of this site is at your own risk.
  7. INTELLECTUAL PROPERTY
    1. Ownership
      1. Such objects as pictures, texts, including text of these T&C, videos, software code, html code and other which located on TV web-site are protected by copyrights, trademark, and other intellectual property laws (altogether referred as “Intellectual Property” or “IP”). Dukascopy is holder of all intellectual property rights. These T&C do not permit you any uses of any or all IP, except the case mentioned below.
      2. You acquire absolutely no rights or licenses in or to any materials or IP contained within the TV web-site, other than the limited right to use in accordance with these T&C.
      3. User allowed to use html code which is generated by TV web-site to set-up their own TV channel on the basis of White Label Forex TV. User get nonexclusive license for using of generated html code. User should use generated code AS IS and without any changing. Dukascopy has the right to disallow such using at any moment.
    2. User Content Some area of the site may allow you to submit or transmit audio, video, text or other material, including so-called User Content to or through to site. When you submit User Content you grant to Dukascopy a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicenseable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast, and in any other way known now or developed in future to exploit those User Content, and any names, voices, likeliness and other identifying information of person that is part of those User Content in any form, media, software, or technology of any kind now known or developed in the future, including without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights.
    3. Moral rights
      1. If it’s determined that you retain moral rights, (including right of attribution or integrity) in the User Content you hereby declare that:
        1. You do not require that any personally identifying information (including but not limited to name, surname, email, nationality, age, profession) be used in connection with the User Content, or any derivative works (i.e. forum) of or upgrades or updated thereto;
        2. you have no objection to the publication, use, modification, deletion and exploitation of the User Content by Dukascopy;
        3. you forever waive and agree not to claim or assert any entitlement or remuneration to any and all moral rights of an author in any of the User Content; and you do not claim rights of whatsoever nature;
        4. you forever release Dukascopy, from any claims that you could otherwise assert against Dukascopy by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the User Content for that user’s personal use.
      2. These rules are applicable to all the components of the Service including but not limited to: comments, videos, sounds, interviews, opinions, graphics, data, technology used, logos, and location.

        In particular, these provisions are applicable for the webinar hosted by the registered Users of the Service and all the other television’s broadcasting, including but not limited to the topic of the webinar or the material used during the webinar such as graphics, ideas, slides, images, and sounds, posted by the user or by Dukascopy.

  8. LINKS & THIRD PARTY CONTENT
    1. Links To Other Sites Where the site contains links to other websites and resources provided by third parties, those links are provided for information only. The Dukascopy has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
    2. Links To Social Media Sites
      1. By connecting or linking your account to any social media site (i.e. Facebook or Twitter) you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to the social media site (in accordance with your privacy setting on such social media site). If you do not want this information about you to be shared in this manner, do not connect or link your account to any social media site.
      2. Under no circumstances Dukascopy will be responsible or liable, directly or indirectly, for any loss or damage caused by your use or reliance on information obtained through the Site.
    3. Third Party Content Dukascopy is a creator (i.e. the webinar and the interviews) and a distributor of content supplied from third parties (i.e. sounds or images taken from third parties websites or socials networks). Any opinions advices, statements, services, or others information or content expressed or made available by third party, including information providers, are those of the respective author(s) or distributor(s) and does not belong to Dukascopy. Dukascopy do not necessarily endorse or evaluate third party content, accordingly is not liable for these.
  9. LIMITATION OF LIABILITY
    1. THE SITE, DUKASCOPY AND ALL CONTENT ARE PROVIDED "AS IS", AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
    2. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL DUKASCOPY, OR ITS PRESENT OR FUTURE PARENTS COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGES, LOST PROFITS, COST OF SUBSTITUTE GOODS AND SERVICE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND /OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTIONING OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT FROM THE SITE’S USE OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DELAY IN SERVICE, OPERATION OR TRANSMISSION OF THE SITES OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF OR POSTING OF ANY RECORD, CONTENT OR TECHNOLOGY, PERTAINING TO OR ON THE SITES.
    3. USER IS NOT ALLOWED TO USE TV WEB-SITE IF IT IS PROHIBITED BY LOCAL REGULATIONS AND LAWS.
  10. DATA COLLECTION AND UNLAWFUL ACTIONS
    1. It is forbidden utterly to automatically collect data located on TV web-site using any software (for example “spider” software) or hardware.
    2. It forbidden utterly to use any additional software except browser with TV web-site. Any unlawful access to website is prohibited. All unlawful actions with TV web-site including but not limited to cracking, phishing, DDOS attacks will punish by applicable criminal law.
  11. INDEMNIFICATIONS You agree to release, indemnify and hold Dukascopy harmless from any from any and all losses, damages, including attorneys’ fees, claims, actions of any kind and injury relating to your use of the TV web-site.
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