You should read these Terms carefully before you use the Website.
These Terms do not apply to any software distributed through the Website. Please, refer to a license agreement that accompanies such software.
Registration. No registration is required to use the Website.
3. Intellectual Property Rights and Content
Our Intellectual Property Rights. We own and protect from illegal use the exclusive rights in Our Intellectual Property, in particular:
No rights in Our Intellectual Property are granted to you, except for the rights explicitly indicated in these Terms.
We reserve the right to prosecute any infringers in court and/or through other authorities in order to protect Our Intellectual Property.
Third Parties Intellectual Property Rights. NinjaTrader and other designations are trademarks or service marks of their respective owners.
Third-party trademarks are used:
4. User Content
You are not required to include any information in any User Content that identifies you. If you choose to provide personal identifying information, you do so at your own risk.
We may limit the length of User Content.
License Grant. By posting, publishing, uploading, submitting, emailing, or otherwise transmitting any User Content to us on the Website, you hereby grant:
We do not claim ownership rights in User Content.
We reserve the right to moderate any User Content or remove any User Content for any reason
YOU REPRESENT AND WARRANT THAT YOU OWN OR HAVE THE NECESSARY LICENSES, RIGHTS, CONSENTS AND PERMISSIONS TO GRANT THE FOREGOING LICENSES TO US. You agree to execute and deliver such documents and provide all assistance reasonably requested by us, if that becomes necessary.
Our Disclaimer. We have no ability to control User Content that is posted, uploaded or otherwise published using the Website, and do not have any obligation to monitor such User Content for any purpose and, as a result, are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any User Content or anything said, depicted or written by Users.
We do not endorse any User Content or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto.
5. Use of Website
Ownership. We, our licensors or other third parties own all right, title and interest, including all worldwide intellectual property rights in the Website and Content and the trademarks, service marks and logos contained therein, other than User Content.
License Grant. Permitted Use. Subject to your compliance with these Terms, we give you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access and use the Website or Content for your own personal non-commercial use. This license is for the sole purpose of enabling you to use and enjoy the benefits of the Website or Content in the manner permitted by these Terms.
Any other use (including commercial use) of the Website, Content or User Content requires our prior written consent.
The Website, Content and User Content may be used and accessed for lawful purposes only. You agree to abide by all applicable local, state, national and foreign laws and regulations in connection with your use of the Website, Content and User Content.
Restrictions and User Obligations. You agree that you will not do any of the following while using or accessing the Website, Content and User Content:
– that is unlawful, obscene, harmful, threatening, harassing, defamatory or hateful or that contain objects or symbols of hate, invade the privacy of any third party, contain nudity (including without limitation any pornography), is deceptive, threatening, abusive, inciting of unlawful action, defamatory, libelous, vulgar or violent or constitute hate speech or is otherwise objectionable in our opinion;
– that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity), or otherwise violates or promotes the violation of the rights of any third party;
– to which you do not have the lawful right to copy, transmit and display (including any User Content that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Content);
– for which you do not have the consent or permission of each identifiable person in the User Content to use the name, voice, signature, photograph, or likeness of each such person (to the extent each is implicated by the User Content) and such consent or permission is necessary;
– 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 interferes with the access of any user, host or network, including without limitation sending a virus, overloading, flooding or spamming the Website.
6. Disclaimer of Warranties
Your use of the Website, Content or User Content and any other information, products or software made available through the Website is at your sole risk and discretion and we hereby disclaim all liability to you or any third party relating thereto.
The Website, Content and User Content, and all materials, information, products and services included therein, are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, CONTENT AND USER CONTENT, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
We disclaim any warranties:
No advice or information, whether oral or written, obtained by you from us, will create any warranty not expressly stated in these Terms. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
Compatibility. We do not warrant that Website will be compatible with all hardware and software which you may use or which may exist or will exist in the future.
Third Parties Software and Content. We are not responsible for:
7. Limitation of Liability
IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, CONTENT AND USER CONTENT WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold us, our parents, subsidiaries, affiliates, customers, vendors, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with:
9. External Links and Third Party Advertisements
You are advised not to provide any personally identifiable information to any third party service unless you know and are comfortable with the party with whom you are interacting.
Without limiting other rights we will have the right to insert, place or include advertisements of any type on the Website and within or around Content or any User Content. We are not responsible for such advertisements and their content.
10. Your Feedback
If you choose to communicate to us any feedback, ideas or suggestions for improvement of the Website, you grant us free-of-charge, irrevocable, non-exclusive, transferable right to use, modify, share, distribute and communicate such feedback for any and all commercial or non-commercial purposes, without charge and free of any obligation of attribution. You warrant that any such feedback you communicated to us is not subject to any license or any other third party right.
We reserve the right, at our sole discretion:
These Terms remain effective from the date of acceptance until terminated by you or us in accordance with these Terms.
12. Termination and Account Cancellation
You may terminate these Terms at any time by ceasing to use the Website.
Without limiting other remedies, we may suspend or terminate these Terms with you, or may terminate or suspend your use of the Website, and/or may remove any User Content at any time if:
Notwithstanding the foregoing, we also reserve the right to terminate the Website or cancel your account at any time and for any reason.
Upon termination of these Terms all licenses and rights to use the Website shall immediately terminate; and you will immediately cease any and all use of the Website.
Upon any termination your account you will no longer be able to access User Content submitted by you. We will have no obligation to maintain any information and User Content stored in our database related to your account or to forward any information to you or any third party.
Any suspension or termination of these Terms will not affect your obligations to us and/or other Users under these Terms, including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality, which reasonably are intended to survive such suspension or termination.
Force Majeure. We will not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by telecommunications providers and unrelated to our infrastructure or connectivity to the Internet, or failure at our co-location facility, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, we will be excused from any further performance of our obligations effected by the Force Majeure Event for so long as the event continues.
Notices. Any notices or other communications permitted or required under these Terms will be in writing and given by us:
Consent to Receive Communications in Electronic Form. For contractual purposes, you:
No Assignment. You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without our prior written consent. Any purported assignment or delegation by you without our appropriate prior written consent will be null and void.
We may assign these Terms or any rights hereunder without your consent.
No Waiver. The failure by us to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of our right or remedy.
Last updated: July 29, 2017