Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE CONTENT OF THIS WEB-SITE OR USING ANY SERVICES OR PRODUCTS IT PROVIDES. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS (SUBJECT TO CHANGE WITHOUT NOTICE) PLEASE REFRAIN FROM ACCESSING THIS WEB-SITE.
BY ACCESSING, USING, EXPLORING, CONSULTING THE WEB-SITE OR DOWNLOADING JAVA APPLET VIA A BROWSER YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT OR YOU WANT TO CONTACT US FOR ANY REASON, PLEASE DIRECT ALL CORRESPONDENCE TO SUPPORT@WORLDPROFX.COM.
1. GRANT OF LICENSE
WORLD PRO FX INC. (hereinafter referred to as “LICENSOR”) and the End User (hereinafter referred to as “LICENSEE”) hereby conclude a legally binding agreement.
Subject to the terms and conditions of the End User License Agreement (hereinafter referred to as “EULA”), Licensor hereby grants to Licensee non-exclusive, non-transferable, worldwide license for personal, non-commercial (instances of non-personal, commercial use are allowed when evidenced by a signed supplementary agreement which is deemed to be a part of WORLD PRO FX INC. Terms of Use), temporary use of and access to the WORLD PRO FX INC. Web-site (including – without limitation and qualification – all the Web-sites containing the word “WORLD PRO FX”), all the publications, images, materials, java applets, any other data or information it contains, WORLD PRO FX INC. Market Machine (that consists of WORLD PRO FX INC. Deal Station and Order Delivery System) and any other service or product distributed by Licensor as well as all the future updates, enhancements and sequels (hereinafter referred to as “CONTENT”). Certain parts of Content are expressly identified as freely available for integration and limited modification within the Licensee’s Web-site and/or associated facilities (hereinafter referred to as “SITE”) on the basis of non- commercial use. Licensee’s right to modify any offered Content part shall be limited to modifying only to fit the format, look and feel of the Licensee’s Web-site.
Licensor reserves the right to define the limits of non-commercial use of Content or any part thereof. Licensor may publish the definition of non-commercial use of Content or any part thereof on the WORLD PRO FX INC. Web-site.
All forms of use that fall outside this definition shall be considered as instances of commercial use.
To obtain commercial license (that is offered free of charge for a limited time period) please e-mail requests to: SUPPORT@WORLDPROFX.COM.
2. LICENSE RESTRICTIONS
Licensee may not sell, rent, lease, sub-license, assign, lend, publish, market or in any way distribute to the third party, translate into another programming language, port, adapt, modify, reverse-engineer, decompile, disassembly, store for commercial use any part of Content or any derivatives thereof, use source or object code or otherwise use Content.
Licensee may not use or access Content or integrate any part thereof provided (in Licensor’s sole judgment) if such action may have an adverse effect on Licensor’s goodwill, reputation, trademark or public image due to use in a way that is (or integrated with materials that are) morally objectionable, violent, erotic, pornographic, sexist, racist, profane, unlawful or that give rise to civil liability.
Licensee expressly agrees to display Licensor’s copyright or trademark notice (as stated in Section 8 “Trademark information”) on the same Web-page that will be easily identifiable (by an objective observer) as part and parcel of any part of Content used by Licensee.
Licensee may not alter or remove any copyright or trademark notice or proprietary legend contained in or on any part of Content.
All rights that are not expressly granted in EULA are retained by Licensor.
3. DISCLAIMER
Licensor does not own or develop Content but it has an exclusive right to sub-license the use of and access to Content and is a representative of its proprietors and developers. Licensor makes no claims or representations concerning Content. Content is constantly being developed and provided “AS IS”, “AS AVAILABLE”, “WITH ALL ITS FAULTS” and – to the extent permitted by law – is offered without any covenants or any express, implied or statutory warranties including (without limitation and qualification) any warranties as to accuracy, functionality, performance, merchantability, quiet enjoyment, system integration, data accuracy, non-infringement of intellectual property rights or fitness for any particular purpose and any warranties arising from trade usage, course of dealing or course of performance.
Neither Licensor nor any other party (including – without limitation and qualification – proprietors, management, developers, employees, officers, affiliates, agents, representatives, contractors, communications service providers or any third party) monitors, controls, or guarantees quality, accuracy, completeness, timeliness, truthfulness, reliability, absence of any virus, adequacy or availability of Content (including but not limited to information, text, graphics, links or other items obtained through access, use, consultation or exploration of Content) and shall have any liability, contingent or otherwise, for any direct, indirect, incidental, consequential, special, exemplary or punitive or any other damages including (without limitation or qualification) loss of profit, investment, trading losses or any other economic loss resulting from provision (or lack of provision) of Content, regardless of cause or form of action, whether in tort, contract, strict liability, statutory liability or otherwise, and whether or not such damages were foreseen, unforeseen or foreseeable, even if Licensor has been advised of the possibility of such damages.
Without limiting the foregoing, in the event these terms and conditions, or any part thereof, shall be held invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction Licensee expressly agrees that the Licensor’s liability shall not exceed the amount equivalent to $1 (one US dollar).
Use of Java technology
Part of Content involves the use of Java technology. Java technology is not fault tolerant and is not designed, manufactured, or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, direct life support machines, or weapons systems, in which the failure of Java technology could lead directly to death, personal injury, or severe physical or environmental damage.
No information or material in Content is to be relied upon for the purposes of making and/or communicating (or refraining from making and/or communicating) investment decisions or any other type of transactions. Licensee shall undertake an independent research, obtain specialist advice (applicable to the Licensee’s particular situation) and always refer to alternative sources of information (including – without limitation and qualification – the price quotes, market news, etc.) before relying upon any information whatsoever found in Content. Licensee expressly agrees that s/he has received a fair warning and assumes the entire risk of loss in using Content.
The site translations
This website is available in multiple languages. The English version is the original version and Licensor shall not be responsible for any erroneous, inadequate, or misleading translations from the original version into other languages.
4. INDEMNIFICATION
Licensee expressly agrees to indemnify and hold Licensor and/or any other third party harmless from any claims, fees (including – without limitation and qualification – legal fees), liability, losses resulting from provision (or lack of provision) of Content, breach of EULA provisions, or third party rights (including – without limitation and qualification – intellectual property rights).
5. RESIDENCE AND LEGAL RESTRICTIONS
Content provision is not aimed at residents of jurisdictions from which for whatever reason the access to and use of Content or any part thereof is either prohibited or strictly regulated (e.g. USA). Licensee subject to such restrictions may not access and use Content or any part thereof.
Due to plethora of international regulations and their constant increasing inability of small internet business to comply with all regulatory requirements of various legal systems around the world shall not be construed as willful act and is purely coincidental.
6. PRICE QUOTES
Licensee that consults the price quotes expressly agrees to arrange and use simultaneous access to the alternative sources of market data. Only being able to compare the quotes provided with the same quotes from the alternative sources Licensee can ascertain that s/he is presented with an objective view of the market.
7. OWNERSHIP OF INFORMATION
Publications, any other information including (without limitation and qualification) images of people or places displayed in Content are either the property of Licensor or used with permission.
Licensee or other third parties shall not use such information without a prior written consent. Improper use of this information may violate communications regulations and laws pertaining to privacy and intellectual property rights.
8. POTENTIAL DISRUPTION OF SERVICE
Access to the Website may from time to time be unavailable, delayed, limited or slowed due to, among other things:
• Hardware failure, including among other things failures of computers (including your own computer), servers, networks, telecommunication lines and connections, and other electronic and mechanical equipment;
• Software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
• Overload of system capacities;
• Damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
• Interruption (whether partial or total) of power supplies or other utility of service;
• Strike or other stoppage (whether partial or total) of labor;
• Governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of WORLD PRO FX INC.
If access to this Website is unavailable, delayed or limited, or if this Website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis. If your operations are dependent on such communications with WORLD PRO FX INC. and such communications are disrupted or delayed, you may suffer losses.
9. TRADEMARK INFORMATION
All trade and service marks, logos and any other marks, whether registered or unregistered, shown in Content are the property of their respective owners.
Except as expressly specified in these terms and conditions, nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any patent, trade secret, trademark, copyright or any proprietary rights of Licensor or any third party.
By integrating any part of Content within Site, Licensee expressly agrees to include the following acknowledgement on the same Web-page that will be easily identifiable as part and parcel of any part of Content used by Licensee: “Powered by WORLD PRO FX INC.”
The breach of the aforementioned provisions will be considered by the authors as the breach of their intellectual property rights.
10. LINKS TO OTHER WEB-SITES
Licensor is neither affiliated with nor sponsored by any company, stock-exchange or any other organization mentioned in Content unless expressly stated to the contrary. No Web-site referred or hyper-linked to within Content is affiliated with, sponsored or promoted by the Licensor unless expressly stated to the contrary.
Licensor has not reviewed all of the sites which are linked to its Web-site, and the fact of such links does not indicate any approval or endorsement of any material contained on any linked site. The Licensor is not responsible for the contents of any site linked to it; and the Licensee’s connection to any such linked site is at Licensee’s sole risk.
11. USE OF DEMOS
Demos shall be used by the Licensee only for the purposes they are offered and in strict accordance with the instructions given, their use and availability may be limited in time.
12. MISUSE OF WORLD PRO FX INC. TECHNOLOGY BY THE THIRD PARTIES
Licensor shall not be held responsible for any misuse of WORLD PRO FX INC. technology by the third parties including (without limitation and qualification) any type of activity that gives rise to legal liability. Licensee that has accessed and used Content or any part thereof via third party Web-site or associated facilities shall do so at Licensee’s sole risk. Licensor does not and cannot monitor, endorse, influence or control third parties’ Web-sites or the services they offer.
13. CLIENTS OF BROKERS REGISTERED WITH LICENSOR
Licensee that has accessed and used Content via a contract with broker registered with Licensor shall be bound by WORLD PRO FX INC. Terms of Use. In accordance with Brokerage and Use of Trading Platform (Software) Agreement – in addition to other requirements – Section 3 “Disclaimer” has to form a part of Licensee’s contract with such broker.
Please report any violation of this agreement to Licensor (support@worldprofx.com).
14. TERMINATION OF USE
Licensor, in its sole discretion, reserves (among others) the right to change, refuse or discontinue the provision of Content to Licensee without offering any reason. If Licensee breaches any EULA provision the agreement shall be automatically terminated. Termination of EULA is subject to Section 23 “Severability”.
15. BANKRUPTCY
In case of bankruptcy Licensor shall have the right to reject any license agreement thereby terminating all Licensees’ rights under it. Any legal provision in applicable jurisdiction that has effect of preserving Licensee’s rights is expressly excluded.
16. INFORMATION
Licensee expressly agrees that Licensor will treat all communications from Licensee including (without limitation and qualification) data, questions, comments, suggestions or submissions as non- confidential and non-proprietary. The communications may be used for any purpose including (without limitation and qualification) reproduction, transmission, disclosure, publication, broadcast, and posting. Licensor may use, without obligation to Licensee of any kind, any ideas, suggestions, concepts, techniques, or “know-how” contained in Licensee’s communications, for any purpose whatsoever, including (without limitation and qualification) developing, manufacturing and marketing products and services.
17. PRIVACY
Licensee authorizes Licensor to disclose the Licensee’s confidential information when it is necessary for business purposes (e.g. to set up the Licensee’s account), required by law, court order or regulatory authorities. For further details see Privacy Policy Statement.
If Licensee chooses not to register and provide personal information, Licensee would still be able to use most of Content. However, Licensee would not be able to access the area or facilities within Content that require registration.
18. ENFORCEMENT RIGHT
Licensor may at its sole discretion resort to legal proceedings and/or other lawful means to enforce the Licensee’s compliance with this agreement. Failure to do so does not constitute a waiver of Licensor’s rights.
19. JURISDICTION
EULA shall be governed by and construed in accordance with Panamanian law as the sole and exclusive governing law.
Solely for the benefit of Licensor, any disputes arising out of or in connection with these terms and conditions will be resolved exclusively by the Courts of Republic of Panama, the right being reserved to appeal to the Panama Court. Licensee expressly agrees to submit to the jurisdiction of such Courts for all purposes. This provision, however, shall not prevent Licensor from launching a legal action in other relevant jurisdiction.
If Licensee does not resort to legal proceedings within one year (365 days) after the cause of action arises Licensee forfeits his right to have Licensees case heard before a court of law and is left without a remedy.
20. FORCE MAJEURE
Licensor’s failure to provide Content and perform any of its contractual or legal obligations as a result of conditions beyond Licensor’s control such as (without limitation and qualification) war, strikes, fires, floods, acts of God, governmental restrictions, power failures, damage or destruction of any network facilities or servers, shall not be deemed a breach of Licensor’s legal obligations.
21. TAXATION
Licensee shall pay all applicable taxes and withholdings on transactions that may occur using Content or any part thereof. Licensor shall not be held responsible for the Licensee’s tax evasion.
22. SECURITY
Once Licensee has registered with Licensor, Licensee is solely responsible for the safekeeping of the Licensee’s registration details and may not permit third party use of the Licensee’s ID and password.
23. MISCELLANEOUS
This is the exclusive and entire Agreement that supersedes all other representations oral and written. If any provision of EULA is declared invalid or unenforceable by a court of competent jurisdiction, such provision shall be reformed only to the extent necessary to make it enforceable, the remaining provisions of this Agreement shall remain in effect.
24. SEVERABILITY
All sections with the exception of Section 1 “Grant of License” shall survive the termination of EULA and apply – to the extent permitted by law – in perpetuity.
