The present License Agreement (hereinafter referred to as the Agreement) is made effective between Digibits represented by its Affiliated Partners (hereinafter referred to as the Company) and any individual or legal unit (hereinafter referred to as the Client). This Agreement is an integral part of the public documents package, pursuant to which the Company provides services (including services of financial and informational nature, etc.) to its Clients.
When the Client chooses the services of the Company or otherwise interacts with the Company, she/he fully agrees to all the terms and conditions of all the publicly proclaimed documents. The Client shall immediately cease all interaction with the Company, if the Client does not agree with any article (section, part) of any public document of the Company (namely: if the Client does not agree with the terms of usage of information provided by the Company, etc.).
The present Agreement determines the rights and responsibilities of the parties involved (the Company, the Clients, third parties) that come into existence, when information materials of any kind or format, published by the Company on its proper official Web site, which is publicly available at www.digibitsfx.com, are transferred, broadcast or published in any other way (namely: information published on other Internet sites, owned by the Company or one of its Affiliated Partners, economic news that is broadcast via client terminals, etc.).
In terms of the present Agreement legal units or individuals, who receive information from the Company’s Web-server (site), located at the aforementioned address, or the Company’s trading server, and use the information in any way, are considered information users.
The present Agreement applies to information, published on the Company’s Web-server (site), or broadcast, disseminated, or published via other information channels or reproduced on other information carriers, including hard (paper) copies.
Other regulations, legal and public documents are applied to particular kinds of information. Particularly:
The Company logo is a registered trademark and is protected by respective legislation, particularly by the International Trademark Law;
Copyright on materials published on the Company’s Web-server by third parties is protected by legislation of the authors’ countries of citizenship and international laws;
Copyright on materials published on the Company’s Web-server (site) by the Company itself (in its own name) is protected by international laws.
Company does not accept clients from USA, Germany, Japan, Canada, New Zealand
BASIC DEFINITIONS USED IN THE PRESENT AGREEMENT
The following terminology used in the present Agreement has the indicated meaning, if not otherwise stipulated in the present Agreement:
The Company’s Web-server (site) is a software and hardware system connected to the Internet and capable of providing information upon request. Herewith, in order to receive information from the Web-server (site), prior authorization may or may not be required from the Client (information user), however, the provisions of the present Agreement equally apply to information transmitted via open channels, without authorization, and via secure channels, if provided authorization is successful.
The Company’s Trading Server is a software and hardware system connected to the Internet and capable of providing a certain amount of information upon request, if provided authorization is successful. In particular, the information may include the financial instruments quotation flow and economic news.
The process of receiving information by a user refers to data received from the Company’s server(or other transmitting device or system) by the Client’s hardware (if the provided hardware is connected to the Internet or other communication channels). With regards to the information dissipated (reproduced) on hard copies, this is (a) process(es) connected with acquisition, reading and understanding of information.
Information or data represented in electronic or other form: texts (having any nature and content whatsoever, including encrypted texts, such as scripts, passwords, etc.), images, design elements and photos, as well as audio and video records.
Information usage refers to the possibility of viewing data using software installed on Client’s hardware (client terminal, browser, etc.) or the possibility of converting, copying, duplicating, or transferring to other carriers or to transforming (in particular, production of hard copies), duplicating and deleting this information by whatever means. The transfer of the data to third-parties by any means is also considered information usage.
THE RIGHTS AND RESPONSIBILITIES OF CLIENTS
When using information, whether published on the Company’s Web-server (site) or broadcast (published) in any other way, the Client shall:
Provide during registration precise, actual and full personal information (to the extent necessary for registration); in the case that there are actual changes in this data (for example, change of residence, surname (for any reason), telephone number or other personal registration data), please make relevant modifications in a timely manner. Registration data may be changed, for instance, by contacting the relevant Company employee via the contact form.
Do not attempt to register a third party on the site, even if this party is aware of or has you asked to do so; consequently any person who wishes to register on the site shall do so independently.
Make appropriate arrangements to ensure security of the data, which may be used to obtain access (authorization) of any system (service) provided by the Company. This regulation applies to passwords, logins, identification numbers, etc.
Observe effective international laws, as well as legislation within the Client’s country with regard to copyright law and intellectual property protection.
Do not attempt to use the Company’s Web-server (site) using software with the aim of hindering (or damaging) the operation of the Web-server (site), its individual service, or cause non-operability of the server and/or its individual service (inaccessibility of server and/or its individual services), or in any other way disrupt the normal operation of the servers. In particular, the Client shall not attempt to automatically collect non-public data or information that belongs to third parties, the Client shall not attempt to register automatically. Moreover, the Client shall not attempt to overload the Web-server (site) or trading server with useless information with the aim of causing malfunction and/ or to impede normal access of other users to the Web- or trading server.
Be fully and solely responsible, according to effective legislation and public documents of the Company, for all actions, carried out using the Client’s account, including actions that caused damage or loss to the Company (namely: the Client is responsible for any unlawful (or inconsistent with Company public documents) actions carried out via his/her account).
Do not use any service that allows publishing of any data, or in any other (as well as unlawful) way publish on the Company’s Web-server (site) information, which contains threats, discredits or abuses honor and dignity of third parties, is vulgar or indecent (in particular containing offensive words), advocates racial, religious, or ethnical discrimination and hostility, or any information that either directly or indirectly violates protected human rights, rights of citizens or legal entities (in particular, any information published in any form (format), including logins (nicknames), conference publications, etc.).
With regards to economic news broadcast by the Company, the Client shall:
Observe effective copyright and intellectual property laws.
Not store, copy, reproduce, disseminate, transfer via communication channels or in any other way, not publish, not create own information on the basis of the news, not reproduce on the air, not issue and/or duplicate the news.
Use news for personal purposes as a source of information or, at his/her discretion, as a basis for analysis of an economic situation.
Not use for commercial purposes, no neither sell nor provide access to it for commission.
When using information provided by the Company, the Client has the right to:
Independently choose at personal discretion and for personal use any information published by the Company on the Web-server (site) or broadcast via a client terminal or via other channels.
Use any information for personal use to the extent that it does not contravene the present License Agreement.
COMPANY RIGHTS AND RESPONSIBILITIES
When providing Clients with information (by any means via any channels) or publishing freely accessible information, the Company shall:
Take every possible measure to make information actual, precise, full, timely, consistent and useful.
Consider the demands of Clients firstly and consistently adjust volume, composition and quality of publicly available information or information, which is personally broadcast via secure communication channels.
When providing Clients with information (by whatever means via whatever channel) or publishing freely accessible information, the Company has the right to:
Adjust, add, remove, and transform the whole structure, composition and quality of any information at its own discretion.
Create or remove services hosted on the Company’s Web-server, and to limit access rights to these services at its own discretion.
Take decisions with regards to the provision of publicly available information (via public channels) or in confidential manner (via secure channels, subject to successful authorization) at its own discretion.
Take decisions with regards to the price of the information provided, access (subscription) this or that service hosted on the Company’s Web site at its own discretion. In particular, the Company reserves the right to charge extra fees for using this or that information or service.
RESPONSIBILITIES OF THE PARTIES
The official Company’s Web-server (site), including all the software operated on the Company’s Web-server (site): graphic, audio, video, and text content is accessible for use as is.
The Company does not guarantee that the Site or its services fit (optimally), meet specific ideas or expectations of the individual User or groups of Users with regards to using for specific purposes that the User has in mind. The Company does not guarantee that any (expected, supposed, or possible) results will be obtained by using of Web-server (site) and/or any separate service.
With regards to analytic, journalistic or educational publicly available information published by Company or broadcast via communication channels, Company disclaims any guarantees (direct and indirect/supposed), irrespective of owner of copyright (author’s rights) on the information.
Parties are liable under the effective legislation, when they establish relations pursuant to the present Agreement.
The Company reserves the right to make amendments and additions to the present Agreement. In particular, it may take place in cases, which are not described directly or indirectly in the current edition of the Agreement or if a rule or law emerges that requires a corresponding amendment or addition.
Should amendments and/or additions be made, the Company shall inform the Clients of this fact by posting relevant notice on the Company’s official Web site and sending a relevant message via the internal mail system.
The fact of posting the relevant notice on the Company’s Web site and sending messages via internal mail are considered to be the Client notification of the amendments and/or additions, whether the Client reads and understands a corresponding text or ignores it.
The amended document becomes effective after 5 (five) full astronomical days (120 hours) following publication of the notice on the Company’s Web site, before this time the notice has an informative (voluntary) nature.
The amended document immediately applies to any accounts registered after its publication (irrespective of other accounts registered earlier, which its holder may possess)
The amended document applies to trading accounts that were registered before its effective date when the document came into effect.
In the case that a rule or law is introduced, which requires a corresponding amendment to the present Agreement, then the rule or law shall be applied immediately after the effective date of the relevant statutory act, whether the required amendment and/or addition is made or not. Regulations of the present Agreement that contradict the newly introduced rule or law become void one the corresponding amendments to the aforementioned document go into effect.
The Company, considers tasks connected with the continuous and timely provision of valid information support and provision of access to information services to Clients its affair of honor. However, conditions, which are not controlled by the Company, may emerge and make the aforementioned tasks problematic or impossible.
All the disputes that may occur shall be resolved in compliance with the effective legislation and Company’s public documents by means of negotiations or claims.
ACCEPTANCE BY THE CLIENT
I agree with all the conditions of the Company’s public documents for using the Company’s services and will immediately cease using the Company’s services in case of disagreement.