1. ACCEPTANCE OF TERMSThank you for using Prof-FX.com ('Site'), the website for Forex professionals provided by Janalta Interactive Inc. ('Janalta'). The Site is owned and operated by Janalta. All references to Prof-FX.com include Janalta Interactive Inc., its entities, affiliates, websites and subsidiaries. Prof-FX.com provides the services offered on the Site subject to the Terms of Service ('TOS') contained herein, which may be updated from time to time without notice to you. You can review the most up-to-date version of the Site's TOS by visiting this page. By using the Site, you agree and consent to be bound by these TOS and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Site. If at any time you become dissatisfied with the TOS, you agree that your sole and exclusive remedy is to discontinue using the Site and Services (as defined below). The laws of Barbados will govern the TOS without giving effect to any principles of conflicts of laws.
2. SERVICES OFFERED BY Prof-FX.comProf-FX.com provides users with services including white papers, downloads, articles, communication tools, search services, media galleries, video sharing and uploading, forums, social networking and user profiles (each a 'Service' and collectively, 'Services'). You hereby acknowledge that the Service may include advertisements from third parties unrelated to Prof-FX.com. You further understand and acknowledge that in providing the Services, Prof-FX.com may, at its sole discretion, communicate with me via email, newsletters, service announcements, administrative messages and other modes of communication. When added, all new Services shall be subject to this TOS. As described herein, all Services are provided to you on an “as-is” basis and Prof-FX.com assumes no responsibility for your use of the Services, User Profile and Content. By using the Services, you acknowledge that you are responsible for obtaining access to the Site and Services, including any third-party fees (i.e. equipment fees, Internet service provider or airtime charges).
4. EDITORIAL POLICYProf-FX.com does not accept financial incentives in exchange for favorable reviews. If we write favorably about something, it is because we think it is a good product or idea. We did not receive any money to do so. Our editors have complete freedom to choose the things that they want to cover, and those they do not. Our editors and writers decide what they want to write about solely based on the promise of delivering the latest and greatest when it comes to all things relating to timely topics. They are free to cover any products and services they like, provided they meet that one guiding principle. Once our editors make these decisions and choose to publish about a particular product or service, our business development team may contact the company providing that service to create an affiliate relationship with them. Through such relationships, the provider may pay Prof-FX.com a fee for obtaining user contact information or an affiliate fee for putting a link on our website to their website. Not only does this provide our users with valuable information and content, but it also allows Prof-FX.com to generate revenues essential to sustaining our businesses. As a well-informed IT Professional, we know that you understand that Prof-FX.com needs to generate revenue if it is to continue providing high quality information. These partner relationships are one way we generate such revenue. In addition to partner relationships, Prof-FX.com will accept advertising from appropriate companies for which it receives payments. Advertisements will be clearly marked as advertisements. As a member of our community, we will endeavor to ensure that there is absolutely no confusion as to the source of anything on our site.
5. REGISTRATIONYou do not need to be a registered user to access the Site. However, to utilize some of the Services offered on the Site, Prof-FX.com may require you to register and create an account (“User Account”). Registration is free. If you are requested by Prof-FX.com to provide information in connection with a registration process and creating a User Account or in the use of any Services, your use of the Services shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service's interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.
6. PERSONAL INFORMATIONIf you create a User Account and become a registered user of the Site and Services, you may provide certain Content (as defined below) and other information to be posted within social networking, media gallery and forum areas of the Site (collectively “User Information”). Registered Users of Prof-FX.com have a degree of control over who will see User Information. You can visit your User Account at any time by clicking on the Edit Profile link next to your username in the top right-hand corner of any page. However, you should assume your User Information is public, and portions might be visible by anyone who visits the Site, as well as search engines. As such, even if such User Information is later removed from the Site, it may be stored on computers of people who visited the Site. When you remove such User Information is removed from the Site, it still may be available on the computers of third parties. BECAUSE OF THIS, UNDER NO CIRCUMSTANCES SHOULD ANY USER EVER POST ANY PERSONALLY IDENTIFYING INFORMATION SUCH AS THEIR ACCOUNT PASSWORD, FULL NAME, HOME ADDRESS, PHONE NUMBER OR E-MAIL ADDRESS IN ANY PUBLIC AREA OF THE SITE. AUTHORIZED REPRESENTATIVES OF Prof FX.com WILL NEVER ASK YOU FOR YOUR PASSWORD AND UNDER NO CIRCUMSTANCES SHOULD YOU DISCLOSE IT TO ANYONE, EVER. Prof-FX.com will make every effort to ensure that any User Information you provide is shared solely with those allowed. In the event that User Information you provide is accidentally displayed in a manner that you did not authorize, you can notify us of the error by contacting us. You agree that in the event that in the event that Prof-FX.com does make such an error, your sole remedy against us is to require us to change the privacy settings as originally intended.
7. SECURITYIf you register for the Site and Services and create a User Account, you will be provided a username and password for such User Account. You acknowledge that you are responsible for maintaining the confidentiality of the password as well as any and all activity that occur under your User Account and password. You agree that at the end of each session using the Site and Services, you will exit your User Account. In the event of any unauthorized use of your password and/or User Account, you agree that you will immediately notify Prof-FX.com by contacting us. Prof-FX.com cannot and will not be liable for any and all losses or damages arising from your failure to comply with this Section.
8. USE OF THE SITE AND SERVICESThe Site and Services are intended for your personal, noncommercial use in accordance with these TOS. By using the site, you agree that you will not copy, display or distribute any part of the Site, including Content provided by third parties, in any medium, without Prof-FX.com’s prior written consent. You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site or to exceed the access granted to you by Prof-FX.com. Illegal and/or unauthorized use of the Site and Services is a violation of this Agreement. Prof-FX.com reserves the right to take legal action for any such violation to the full extent permitted by law.
9. USER SUBMISSIONS AND CONTENTYou acknowledge and agree that all white papers, information, data, text, software, music, sound, photographs, graphics, video, messages, products, services or other materials posted to the Site ("Content") are the sole responsibility of the person or entity from which such Content originated. You are entirely responsible for all Content that is uploaded, posted, transmitted or otherwise made available via the Services by you or through your account, if any. You represent and warrant that you own or have the necessary rights in and to any and all Content (including written consent for each individual person identifiable in such Content to use the name or likeness of each such person in the manner contemplated by the Service) uploaded, posted, transmitted or otherwise made available via the Service by you. You also represent and warrant that the Content will not infringe on copyright, trademark, privacy or other proprietary rights of others and is not libelous, slanderous or defamatory. Prof-FX.com does not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of any such Content. Prof-FX.com will use commercially reasonable efforts to block or remove offensive or inappropriate Content discovered by or reported to Prof-FX.com. Notwithstanding the foregoing, Prof-FX.com cannot and will not review all Content, and you understand that by using the Services, you may be exposed to Content that you find to be offensive. Under no circumstances will Prof-FX.com be liable to you or to any third party in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of any access to or use of any Content posted, transmitted or otherwise made available via the Services. You acknowledge that Prof-FX.com is under no obligation to pre-screen or otherwise review any Content, but also that Prof-FX.com and its designees shall have the right in their sole discretion for any reason and without notice to refuse, move or remove and discard any Content submitted, posted or otherwise available via the Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, and you shall not rely on the accuracy, completeness, usefulness or nature of such Content. You acknowledge and agree that Prof-FX.com may preserve Content and may also disclose Content to others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Prof-FX.com, its users and the public. You understand that the technical processing and transmission of the Services, including Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
10. LICENSE TO CONTENT SUBMITTED BY USERSProf-FX.com does not claim ownership of the Content uploaded, posted, transmitted or otherwise made available by you via the Services. By submitting Content via the Services and until such Content is removed, you grant Prof-FX.com an irrevocable, perpetual, transferable, sublicensable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display and make derivative works from such Content.
11. MEMBER CONDUCTYou acknowledge that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. Other than Content created by Prof-FX.com (“Site Content”), Prof-FX.com does not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of such Content. You agree that you will not use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic or contains nudity, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, excessively violent, abusive, fraudulent or otherwise objectionable;
- cause harm minors in any way whatsoever;
- upload, post, email, transmit or otherwise make available any Content that could infringe upon any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use such Content;
- impersonate any person or entity, including a Prof-FX.com employee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- "stalk" or otherwise harass another;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or
- register on behalf of another person or use another’s account or post private information about third parties; and/or
- solicit personal information from others such as passwords or other Site account information.