1. TERMS AND DEFINITIONS
- "MQL5 Ltd" means the company MQL5 Ltd which is the copyright owner of the website www.forex-tsd.com.
- "MetaQuotes" means the company MetaQuotes Software Corp.
- "Services" means services controlled by MQL5 Ltd and available on www.forex-tsd.com.
- "You" means You as a forex-tsd.com User ('Your' and 'Yours' shall be construed accordingly).
- "MetaQuotes Software" means the software which is developed by, and copyright of, MetaQuotes Software Corp., under the registered trademarks "MetaTrader", "MetaTrader 5", "MQL4", "MQL5" together with any updates, upgrades, revisions, modifications, new versions and related components, including, but not limited to, the MetaTrader 4/5 Trading Terminals, MQL4/5 IDE, User Interface, Documentation and MetaQuotes Website.
- "MetaTrader Web Terminal" means MetaTrader 4 trading terminal for trading via a web interface using a web browser. The MetaTrader Web Terminal is accessed remotely via Internet and is an online application. MetaTrader Web Terminal represents a trader's workstation and enables traders to trade in the financial markets via the Financial Institutions they enter into agreement with.
- "Affiliated Entities" means any corporation, company or other entities that directly or indirectly control the operation of MQL5 Ltd controlled by MQL5 Ltd or that are together with MQL5 Ltd controlled by third parties. For purposes of this document, "to control" and "controlled by" shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
- "Content" means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
- "Trademarks" means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
- "Intellectual Property Rights" means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
- MetaQuotes Website: all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL addresses www.metaquotes.net, www.metatrader4.com and www.metatrader5.com (among other URL addresses) from which the MetaQuotes Software can be downloaded.
- MQL5 Ltd Website: all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address www.forex-tsd.com or/and www.mql5.com.
- "MQL5 Ltd Online Materials" means materials available for downloading from the MQL5 Ltd Website, as well as any changes made by MQL5 Ltd in its sole discretion.
- "MQL5 Ltd Advertising Materials" means any trademarks, names, brands, logos, banners and any other materials in any form belonging and/or used by MQL5 Ltd to promote the company, its products, services or activities.
- "MQL5 Ltd Employees" means officers, directors, employees and representatives of MQL5 Ltd or Affiliated Entities, as well as any other persons employed by MQL5 Ltd or its Affiliated Entities.
- "Account" means an account of website user with Login and Password created for Your use of Forex TSD.
- "Login" means an identification code which, in combination with the Password, gives You access to Your Account.
- "Password" means a code You select, which, in combination with the Login, gives You access to Your Account.
1.2 Words used in singular form include the plural, and vise versa, as appropriate.
1.3 Any words following the terms (in any form) "including", "among other things", "in particular" and similar expression shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
You agree that MQL5 Ltd is not responsible for the materials, software, products or third party services that may be published or distributed on Forex TSD.
- not a forex-tsd.com User, or
- under the age of 13, or
- a person who is not allowed to use the MetaQuotes Software in accordance with the laws of any country, including the country of Your residence or intended use of the MetaQuotes Software.
2.3. If You are a company employee or executive and You use www.forex-tsd.com on behalf of Your company ("Company"), You accept and agree to the below:
2.5. Before using the Trading Terminal, Products, Software and MetaQuotes Website, You must read and agree to the relevant license agreements and additional terms regarding the products or services offered by MetaQuotes. You can accept such agreements or terms by clicking the appropriate button or as otherwise suggested by MetaQuotes or by using the Client Terminal, MetaQuotes Products, Services and Website whereby You agree and acknowledge that by such use You accept the relevant agreements or terms.
2.7. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the website www.forex-tsd.com or Services.
2.8. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
2.9. If You are a resident of a jurisdiction where the use of the MetaQuotes Software or the website www.forex-tsd.com or Services is prohibited by law due to different requirements or a complete ban on the use of the MetaQuotes Software or the website www.forex-tsd.com or Services in any such jurisdiction, do not install or use them.
2.10. Use of the website www.forex-tsd.com requires compatible devices (computer, mobile phone, etc.) and Internet access. The website www.forex-tsd.com may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the website www.forex-tsd.com. MQL5 Ltd will make commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that MQL5 Ltd cannot give any warranties in this respect.
3. Use of the Website www.forex-tsd.com
3.2. You agree that MQL5 Ltd may, in its sole discretion and without prior notice, suspend or terminate the provision of any Service or access to the website www.forex-tsd.com (or its functions) to You personally or all Users.
3.4. MQL5 Ltd may make available to You various payment processing methods. You agree to abide by any relevant terms and conditions or other legal agreement, whether with MQL5 Ltd or a third party, that governs Your use of a given payment processing method. You agree that MQL5 Ltd may add or remove payment processing methods in its sole discretion and without notice to You.
3.5. MQL5 Ltd may discover that the content, materials, products or services published or distributed on www.forex-tsd.com violate any Additional Terms or Additional Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case MQL5 Ltd reserves the right to discontinue the distribution of, remove or stop the publication of, such content, materials, products or services, in its sole discretion or as required by the relevant government authorities.
3.7. You agree not to use the website www.forex-tsd.com by any means other than through the interface that is provided by MQL5 Ltd on www.forex-tsd.com or the MetaQuotes Software interface, unless You have been specifically allowed to do so in a separate agreement with MQL5 Ltd. You specifically agree not to access the website www.forex-tsd.com through any automated means, including use of scripts, crawlers, or similar technologies.
3.8. You agree that You will not engage in any activity that interferes with or disrupts the operation of the website www.forex-tsd.com (as well as the servers and networks which service the website www.forex-tsd.com).
3.9. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the website www.forex-tsd.com, unless You have been specifically permitted to do so in a separate agreement with MQL5 Ltd. You must retain all copyright and other proprietary notices contained in the original materials on any copy You make of the materials of the Content. You may not modify the Content in any way or publicly display, reproduce or distribute it. The website www.forex-tsd.com is the property of MQL5 Ltd. The MQL5 Ltd Websites are protected by international copyright laws. Any unauthorized use of the MQL5 Ltd Websites may violate copyright laws, trademark laws and other laws.
3.11. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the website www.forex-tsd.com and Services, and that the reporting and payment of any such applicable taxes are Your responsibility.
3.12. MQL5 Ltd reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the website www.forex-tsd.com. However, You agree that by using the website www.forex-tsd.com You may be exposed to materials, products or services that You may find offensive, indecent or objectionable and that You use the website www.forex-tsd.com at Your own risk.
3.13. You agree that MQL5 Ltd and its Affiliated Entities own all right, title and interest in and to the website www.forex-tsd.com. You agree that MQL5 Ltd has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the website www.forex-tsd.com and Services that are provided by their respective authors or other copyright holders. You agree that You will not, and will not allow any third party to, (I) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the software located on the website www.forex-tsd.com, unless otherwise permitted, (II) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the materials, products and services, (III) use the Content, materials, products or services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (IV) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of MQL5 Ltd, MetaQuotes or any third party, affixed to or contained within the Content, materials, products or services.
3.16. You shall not access or attempt to access an Account that You are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the website www.forex-tsd.com or Services. Violations of system or network security may result in civil or criminal liability.
3.17. You agree not to carry out illegal acts directed at massive attraction of visitors to the forex-tsd.com website. Any unauthorized massive advertising campaigns concerning Forex-tsd.com website services are prohibited.
4. Submission of User Materials to www.forex-tsd.com
4.1. The User shall not post or transmit through the website www.forex-tsd.com any materials that:
- are unlawful, threatening, abusive, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, indecent or otherwise objectionable;
- to a certain extent, discredit the honor, dignity, business reputation, legal rights and interests of other persons;
- promote hatred towards persons or a group of persons based on religion, race or ethnic origin, and constitute attempts to incite hostility or violence;
- could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or contractual obligation.
4.2. Any conduct by a User that in the sole discretion of MQL5 Ltd restricts or inhibits any other forex-tsd.com User from using and enjoying its rights, will not be permitted.
4.3. The User shall not post or transmit through the website www.forex-tsd.com any commercial, advertising or promotional materials for goods or services without prior written consent of MQL5 Ltd.
The User shall not use the Website to advertise or otherwise promote sales of any goods and services in any form whatsoever.
4.4. The User shall not upload, post or otherwise make available on www.forex-tsd.com any material protected by intellectual property law (including copyright, trademark law, etc.) or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material posted by the User on www.forex-tsd.com is not protected by copyright, neighboring or third party rights rests with the User.
4.6. By submitting any materials to the sections of www.forex-tsd.com for public use, the User automatically grants (or warrants that the owner of such materials has expressly granted MQL5 Ltd) MQL5 Ltd, its partners and Affiliated Entities the royalty-free, perpetual, irrevocable, non-exclusive right (non-exclusive license) to use, post, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations or other optimizations), communicate, publish, publicly perform, publicly display and distribute such materials, worldwide for the full term of any copyright that may exist in such material as stipulated by local laws.
The above rights are used for the limited purpose of operating, promoting, and improving the website www.forex-tsd.com. No additional formality, including that in writing, will be required for the rights granted by the User to be recognized.
This license shall continue even if You stop using the website www.forex-tsd.com. Before You submit to MQL5 Ltd any materials and thus grant this license for their use, make sure You have the necessary rights to do so.
5. Privacy and Information
5.1. To continuously improve and update the website www.forex-tsd.com, MQL5 Ltd may keep statistical information on the website usage, including, but not limited to, gathering information on how exactly the website www.forex-tsd.com is used.
- MQL5 Ltd will be forced to do so pursuant to the law;
- You cease to be the User;
- MQL5 Ltd decides to terminate the operation of the website www.forex-tsd.com.
7. DISCLAIMER OF WARRANTIES
7.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WWW.FOREX-TSD.COM IS AT YOUR SOLE RISK AND THAT THE WEBSITE WWW.FOREX-TSD.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WWW.FOREX-TSD.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON WWW.FOREX-TSD.COM ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MQL5 Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.2. YOU AGREE TO USE THE WEBSITE WWW.FOREX-TSD.COM AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE WWW.FOREX-TSD.COM AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
7.3. MQL5 Ltd FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
8. LIMITATION OF LIABILITY
8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MQL5 Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE WWW.FOREX-TSD.COM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MQL5 Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.2. MQL5 Ltd IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. MQL5 IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE FOREX-TSD.COM IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY'S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.
9.1. You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold MQL5 Ltd, its Affiliated Entities and each of their respective directors, managers, employees and agents, as well as Authorized operators, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys' fees), arising from or relating to:
- infringement of any copyright, trademark right, trade secret, vendibility, patent or other intellectual property right of any third party, damage of any third party's reputation or violation of publicity or privacy right of any third party, in connection with any material posted by the User on the website www.forex-tsd.com.
11. General Legal Terms
11.2. You acknowledge that the failure of MQL5 Ltd to exercise or enforce or delay of MQL5 Ltd in exercising or enforcing any legal rights or remedies provided hereunder (or by any applicable law) shall not constitute a waiver of such rights or remedies on part of MQL5 Ltd and that such rights and remedies will continue to be available to MQL5 Ltd.