Website Terms and Conditions
PLEASE READ OUR TERMS
These terms and conditions regulate the legal relationship between you and us. By using our Website in any way, or by becoming the Member, you agree to be bound by them.
We are: Xtrainvestor Ltd (hereinafter referred as “Company” / “we” / “us” / “our”), a company incorporated in Republic of Ireland under registration number 480089 with its registered office at Corner House, Main Street, Blanchardstown, Dublin 15, Ireland.
You are: visitor to our Website / a Member.
“Content” means any material in any form published on Website by us or any third party with our consent.
“Member(s)” means a person/ a corporation /an organization who needs to complete the registration upon the Website in order to avail the Services.
“Services” means any of the services we offer on the Website.
“Website” means the website - http://www.xtrainvestor.com and includes the entire computing hardware and software that supports the website.
2. Your acceptance
2.1. You now understand and acknowledge that by completing the registration process you are entering into an agreement with us and that you accept these terms and conditions. If you do not agree to any of these terms, please do not use the Website.
2.2. These terms apply (so far as it may be relevant) not only to Members but to all visitors to the Website. If you visit the Website, you are deemed to have accepted these terms and conditions.
2.3. These terms do not govern the contractual relationship between us and any business partner, advertiser or affiliate, other than in his/ her capacity as a Website visitor or Member.
3. Change to the terms and conditions
3.1. We reserve the right to:
3.1.1. change these terms or any part of them;
3.1.2. change the appearance and design of the Website, including removing or discontinuing any content or feature of the Website; or
3.1.3. impose or change fees, charges or other conditions for use of the Services or parts thereof.
3.2. The changed terms will be deemed to be automatically accepted by you after their posting on the Website for 7 days.
4. Your account with us
4.1. When you register yourself as a Member on the Website, you are allowed to avail the Services and display and promote your profile as may be permitted by us. We reserve the right to edit profiles to ensure that they meet our editorial guidelines. Members can hide their profile by selecting the hide profile option in the ‘My Profile’ area of the Website.
4.2. All Members must provide the following information at the time of registering over the Website:
Surname; Or name of corporation/organization
4.3. As a Member, you are responsible for maintaining the confidentiality of your account and password and for preventing any unauthorised person from using your user name and password.
4.4. You agree to accept responsibility for all activities that occur through your account or password. You should tell us immediately if you believe some person has accessed your account without your authority or log in to your account and change your password.
4.5. You agree not to assign, transfer, or authorise any other person to use, your membership. If you try to do so, we have the right to terminate your membership.
4.6. You agree that you have provided, and will continue to provide accurate, up to date, and complete Information about yourself.
4.8. We may include various groups where you can post your observations and comments on allotted topics. We cannot guarantee that other Members will not use the ideas and information that you share with such groups. We are not responsible for a Member’s misuse or misappropriation of any information you post in any group.
5. Acceptable use policy
You agree to comply with the following acceptable use policy that governs your use of the Website:
5.1. You will not use or allow anyone else to use the Website to post or otherwise publish the following contents:
5.1.1. copyright works;
5.1.2. commercial audio, video or music files;
5.1.3. any material which violates the law of any established jurisdiction;
5.1.4. any graphic violence or other acts resulting in serious injury or death;
5.1.5. unlicensed software or software, which assists in or promotes: emulators, freaking, hacking, password cracking, IP spoofing;
5.1.6. pornographic material;
5.1.7. any material promoting discrimination or animosity to any person on grounds of gender, race or colour;
5.1.8. links to any of the material specified in this paragraph.
5.2. You grant us the right to edit, copy, publish, distribute, translate and otherwise use your Content in any medium and for any purpose.
5.3. You shall be solely responsible for your contents and all risks and responsibilities of posting or publishing them. Profiles and advertisements displayed on the Website are provided by the Members and third parties and may not be reviewed by us. We accept no responsibility or liability for the Content and advertisements and expect the Members to carry out their own verification procedures. Although Company reserves all rights to review the Content from time to time and may edit or delete it.
5.4. You will be able to write comments (status updates), state current investment favorites, send direct messages to other Members, post financial events in a public calendar and post comments in the groups where you participates. In addition to post comments/messages as text, you also have the option to attach documents to your comments. We reserve the right to edit reviews before they go live on the Website. Unacceptable reviews will be refused and deleted. We are not responsible for the content of reviews.
5.5. We do not endorse any content or any opinion, recommendation, or advice expressed therein. We expressly disclaim any and all liability in connection with the contents. We do not permit copyright infringing activities and infringement of any other intellectual property rights on the Website, and we will remove all contents if properly notified that any such content infringes on other's intellectual property rights or contains a false information.
5.6. You will not use the Services in a manner, which violates any national or international law or regulation, or which fails to comply with accepted internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use our services to gain unauthorised access to any other computer system.
5.7. You will immediately notify us of any security breach or unauthorised use of your account. You will not interfere in any way with another user(s) use of our services. You will not resell, rent, lease, grant a security interest in, or make commercial use of our services without our express written consent.
5.8. Company will try to ensure that Website is continuously available and all the services offered are available on it. But we accept no responsibility for the consequences of interruptions or delays, however caused.
5.9. We are not liable for any loss or damage suffered by you as the result of your use of this Website including any loss of future earnings, profit or prospects or any consequential or speculative loss.
6. Members’ obligations
6.1. You will not disclose any information that was provided to you by us and you will use your best efforts to guard other members’ privacy. We supply the information for your personal use and it must not be directly or indirectly used for any commercial purpose including but not limited to resale or further distribution to a wider audience;
6.2. You shall indemnify and keep indemnified us against all cost claims or liabilities incurred by us and arising out of any breach of these terms by you. We shall not be liable to you in connection with this agreement for any indirect or for consequential loss or damage or any loss or damage to profit, revenue, savings, use, contract, goodwill or opportunity due to the relying on the advice or information of any Member;
6.3. You agree that you will not during your membership and within one year of its termination, by any means and neither for itself nor for any other person, directly or indirectly, advise, instruct, do or assist in any activity the effect of which is to promote similar or competitive websites to that of http://www.xtrainvestor.com
6.4. You undertake to use your real identity (given name) when accessing and participating on the website. You understand when you register with the Website, you will be asked to provide us with certain information including that of personal nature. For the purposes of the Data Protection Acts 1988 & 2003, you consent to the processing of your all or any personal data (in manual, electronic or any other form) relevant to these terms, by us and/or any agent or third party nominated by us and bound by a duty of confidentiality. Processing includes but is not limited to obtaining, recording, using and holding data and includes the transfer of data to any country either inside or outside the European Economic Area (EEA).
7. Declarations by you
The declaration contains in this paragraphs are standard code of conducts. If you do not accept or abide by this policy, do not use this Website. All the users who violate these provisions may lose their account permanently at our sole discretion. You declare that:
7.1. you are not below 18 years of age; (private members only)
7.2. you are not a convicted sex offender; (private members only)
7.3. you have not and will not provide any false Information;
7.4. you will not create an account for anyone other than yourself without his/her written permission;
7.5. you will not use your personal profile over the Website for your own commercial gain; (private members only)
7.6. you will follow our following standard code of conduct and you agree that breach of such code of conduct shall cause termination of your account with us.
7.6.1. you may attack someone’s idea/view, but not the person.
7.6.2. you should keep the Website entertaining, exciting and friendly. The colourful language in the heat of the moment is fine, but you must not upload statements/materials which contains indecent language or images, or which defames, abuses or threatens other.
7.6.3. you must not spam by using our Services. You may market your skills or offers in your personal status update; in all other places this (links included) will be regarded as spam;
7.6.4. you must not try to scam or deceive other members;
7.6.5. you must use your real name identity and must not misrepresent yourself, in any way, on the Website;
7.6.6. you shall never invite any people to the Website to whom you do not know;
7.6.7. you should not follow the ones that you do think will give you value, do not automatically follow a follower back. This is not a “Twitter-like” competition to have most followers or to participate in as many groups as possible;
7.6.8. you are entirely responsible for all Information that you upload/post;
7.6.9. Make sure that you are in compliance with the laws, rules and regulations that govern your place of residence;
7.6.10. you must not upload/post or propagate communications that contain viruses or components that threatens to interfere with or compromise the Website.
8. Subscription charges
8.1. Most of the features of our Website are free but if you subscribe to any Service that we offer for a charge, you will be liable to pay the applicable charges.
8.2. All charges shall be payable according to our rates given corresponding to the Service over the concerned webpage of the Website.
8.3. All payments must be made without any set-off, deduction or counterclaim in a manner as provided on the Website.
8.4. You shall get an email confirmation for the payment received by us for paid services that will be continued to be governed by these terms.
9. Advertisement policy
9.1. You can buy place for advertisements on our Website. The following additional terms apply to you if you place an order through our online advertising portal:
9.1.1. The acceptance of the order placed by you shall be in our sole discretion.
9.1.2. You will pay for your order in accordance with our payment terms as per the selected plan.
9.1.3. We will determine the size, placement and positioning of your advertisements.
9.1.4. We do not guarantee the number of clicks or other results that your advertisements will receive.
9.1.5. We cannot control how people interact with your advertisements and we are also not responsible for click fraud or other improper actions that affect the cost of running advertisements.
9.1.6. We can use your advertisement and related Content and Information for marketing or promotional purposes.
9.1.7. You will not issue any press release or make public statements about your relationship with us without our written permission.
9.1.8. We reserves right to reject or remove any advertisement for any reason.
9.2. If you are placing advertisement on behalf of someone else, we need to make sure you have permission to place those advertisements, including the following:
9.2.1. you warrant that you have the legal authority to bind the advertiser to our standard terms.
9.2.2. you agree that if the advertiser you represent violates these terms, we may hold you responsible for that violation.
9.3. Your advertisements will be subject to our additional terms as may be available on the Website.
10. Privacy statement
10.1. The information we collect via the Website may include:
10.1.1. Any personal details you knowingly provide us through forms and/or email(s), such as name, address, telephone number etc.
10.1.2. Your preferences and use of email updates, recorded by emails we send you.
10.1.3. Your IP Address, this is a string of numbers unique to your computer that is recorded by our web server when you request any page or component on the Website. This information is used to monitor your usage of the Website.
10.2. Any personal information we collect from this Website will be used in accordance with the Data Protection laws in Republic of Ireland in the following manner:
10.2.1. In certain cases we may use your email address to send you information on our other services. In such a case you will be offered the option to opt in/out.
10.2.2. We may need to pass the information we collect to other companies for administrative purposes. We may use third parties to carry out certain activities, such as processing and sorting data, monitoring how customers use the Website and issuing our e-mails for us. Third parties will not be allowed to use your personal information for their own purposes.
10.3. You have the right to request a copy of any information that we may currently hold about you.
11. System security
11.1. You agree that you will not allow any other person to violate or attempt to violate any aspect of the security of the Website. Examples of violation are:
11.1.1. sending or otherwise posting unauthorised commercial communications (such as spam) on the Website.
11.1.2. collecting other user’s Content or Information without our permission.
11.1.3. uploading viruses or other malicious code.
11.1.4. soliciting login information or accessing an account belonging to someone else.
11.1.5. bullying, intimidating, or harassing any user.
11.1.6. posting Content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence.
11.1.7. developing or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without appropriate age-based restrictions.
11.1.8. using the Website to do anything unlawful, misleading, malicious, or discriminatory.
11.1.9. doing anything that could disable, overburden, or impair the proper working of the Website.
11.1.10. using any software tool for the purpose of extracting data from our Website.
11.2. You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
11.3. You agree that you will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the Website, or any software used on the Website, and that you will not permit any other person to do so.
12. Protection of other’s rights
You further agree that:
12.1. You will not post Content or take any action on us that infringes or violates someone else's rights or otherwise violates the provisions of law.
12.2. You will not use our copyrights or trademarks or any confusingly similar marks, without our written permission.
12.3. If you collect information from users, you will:
12.3.1. obtain their consent;
12.3.2. make it clear that you (and not us) are the one collecting their Information; and
13. Policy relating to intellectual property
13.1. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners and are protected by the copyrights, trademark, service mark and patent laws and treaties of all countries.
13.2. We will defend the Intellectual Property rights in connection with our Website, including copyright in the Content whether provided by us or by any other Content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
13.3. We also claim copyright in the designs and compilation of all the Content of our Website. Title, ownership rights, and shall remain the sole property of us and / or the other Content provider, as the case may be. We will strongly protect those rights in all countries.
13.4. Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part.
13.5. You may not use our name or logos or trade marks or any other Content on any Website of yours or that of any other person.
13.6. If you repeatedly infringe other people's intellectual property rights, we will temporarily or permanently disable your account without any liability for refund.
13.7. Subject to the other terms of this agreement, you may download or copy Content only for your own personal use, provided that you maintain all copyright and other notices contained in it. you may not store electronically any significant portion of any Content.
13.8. The Website can contain links to other internet websites or resources. We neither control nor endorse such other websites, nor have we reviewed or approved any content that appears on such other websites. You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or appropriateness of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content. All trademarks, service marks, and logos used on the Website are the trademarks, service marks, or logos of their respective owners.
14. Limitation of liability
14.1. In no event shall we, our officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:
14.1.1. errors, mistakes, or inaccuracies of Content,
14.1.2. any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein,
14.1.3. any interruption or cessation of transmission to or from our Website,
14.1.4. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or
14.1.5. any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
14.2. You specifically acknowledge that we shall not be liable for the Content that may be defamatory, offensive, or illegal conduct of any Member or third party and that the risk of harm or damage from the foregoing rests entirely with you.
14.3. You further agree that in any circumstances when we may become liable to you, the limit of our liability is the amount you have paid us.
you agree to defend, indemnify and hold harmless us, our subsidiaries, affiliated companies, employees, shareholders, or directors from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising directly or indirectly from:
15.1. your failure to comply with the law;
15.2. the posting by you of any Content on the Website;
15.3. your violation of any third party right, including without limitation any copyright, property, or privacy right;
15.4. any use of the Website for a purpose forbidden by law or under the terms of this agreement;
15.5. your violation of any term of this agreement;
15.6. any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
16.1. We give no warranty, express or implied, as to the truth of any information given on the Website.
16.2. Much of the Content provided on the Website is submitted (and thereby published) by the Members and third parties. We are under no obligation to vet, check or approve any such material. We further disclaim all responsibility for such content.
16.3. We take no responsibility for the wrongful use of any information published on the Website by any person.
16.4. In no event shall we be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the Website or the Content available from this Website.
17. Account termination policy
17.1. You understand and agree that we retain the right, at our sole discretion, to terminate any and all part of the services or delete your account or disable your application at any time without any refund under appropriate circumstances on immediate notice to you. We may terminate your access to and use of the Website if, you are determined to have breached these terms and conditions or our instructions that we may issue from time to time. The cause for such termination shall include, but not be limited to:
17.1.1. breaches or violations of these terms in addition to other instructions or guidelines that we may issue;
17.1.2. requests by law enforcement or other government or regulatory authorities;
17.1.3. your violation of third party copyrights or other intellectual property, such as, but not limited to, pornography, obscene or defamatory material, hate or inciting violence or
17.1.4. sending spam messages via our messaging system or messages containing advertisements for third party services.
17.2. If we determine that you have failed to comply with any of these terms, we shall, if and when we deem it appropriate:
17.2.1. facilitate criminal prosecution against you by referring your illegal activity to the appropriate legal authorities, and
17.2.2. bring a civil action against you, when you will be liable to us for any direct, indirect, special, incidental, or consequential damages incurred by us as a result of your illegal or other prohibited activity.
17.3. Notwithstanding termination of this relationship for whatever reason, all the provisions that are intended to operate or have effect after termination or expiration shall continue in full force and effect.
In these terms, unless the context clearly indicates another intention:
18.1. any reference to a person includes natural persons and partnerships, firms and other such unincorporated bodies, corporate bodies and all other legal persons of whatever kind and however constituted,
18.2. Any notice or other information required or authorised by these terms and conditions to be given by either party to the other may be given by hand or electronic means to the other party at the address last provided for that type of communication. The service of notice shall be deemed to have been made on the second day of its transmission (except in case of electronic means where it is deemed to be made immediately),
18.3. No failure or delay by either party in exercising any of their rights under these terms shall be deemed to be a waiver of that right, and no waiver by either party of any breach of these terms by the other shall be considered as a waiver of any subsequent breach of the same or any other provision,
18.4. If any of these terms is at any time held by Irish jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the Irish laws and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
18.5. Any dispute arising under or in connection with these terms shall be referred to arbitration by a single arbitrator appointed by us.
18.6. These terms shall be subject to the law applicable in the Republic of Ireland. The parties hereby waive any other jurisdiction to which they may be entitled by reason of their present or future domicile or for any other reason. all the actions shall be taken regarding these terms and conditions, be submitted accordingly to the exclusive jurisdiction of the competent Courts in Republic of Ireland.
18.7. In case of any intellectual property and privacy grievances or removal of Contents by us you can contact to Mr. Lars Brandeggen at lb /att/ xtrainvestor /dot/ .com or call at +47 90859359.