User Agreement & Privacy
Our legal notices section covers the following topic:
I. User Agreement
II. Privacy Policy
III. Disclaimer
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE SERVICES. BY USING THE WEBSITE WWW.DATA-CX.COM AND OTHER FEATURES, CONTENT, OR APPLICATIONS (COLLECTIVELY, THE “SITE”) OFFERED BY FINFORE LIMITED. (“FINFORE”), YOU SIGNIFY YOUR ASSENT TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE ANY RIGHT TO USE THE SERVICES. FINFORE’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY FINFORE, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
FINFORE, ITS AFFILIATES AND PARTNERS, SHALL HAVE NO LIABILITY FOR INVESTMENT OR OTHER DECISIONS BASED UPON ANY CONTENT AND/OR DECISIONS BASED UPON ANY VIEW OF ANY CONTENT. THE CONTENT IS TO BE USED FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY AND WE CANNOT PROVIDE INVESTMENT ADVICE. WE ADVISE THAT YOU CONTACT YOUR PROFESSIONAL FINANCIAL ADVISOR BEFORE MAKING ANY INVESTMENT RELATED TO ANY INFORMATION RECEIVED FROM THE SITE. FINFORE, ITS AFFILIATES AND PARTNERS SPECIFICALLY DISCLAIM ANY AND ALL LIABILITY OR LOSS ARISING OUT OF ANY ACTION TAKEN IN RELIANCE ON CONTENT, INCLUDING BUT NOT LIMITED TO MARKET VALUE OR OTHER LOSS ON THE SALE OR PURCHASE OF ANY COMPANY, PROPERTY, PRODUCT, SERVICE, SECURITY, INSTRUMENT, OR ANY OTHER MATTER.
I. User Agreement
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
1. INTRODUCTION
(a) Purpose: We make services available through our website, mobile applications, and developer platform, to help you and other financial professionals.
(b) Scope and Intent: You agree that by registering on data-cx.com, or by using the our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Data-CX services (collectively “Finfore” or the “Services”), you are entering into a legally binding agreement with Finfore (“we,” “us,” “our,” and “Finfore”) based on the terms of this User Agreement and the Legal Notices and Privacy Policy, which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Data-CX user (“User”). If you are using Data-CX on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Register” and do not access, view, download or otherwise use any Data-CX webpage, information or services. By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. Please note that the User Agreement and the Legal Notices and Privacy Policy are also collectively referred to as Finfore's “Terms of Service.”
2. YOUR OBLIGATIONS
(a) Applicable laws and this Agreement: You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections: (i) DOs and DON’Ts; (ii) Complaints Regarding Content Posted on the Data-CX Website; (iii) Privacy Policy (iv) Terms of Service and (v) Copyright Policy.
(b) License and warranty for your submissions: You own the information you provide under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly, including but not limited to any user generated content, ideas, concepts, techniques or data to the services, you submit to Data-CX, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in Sections 2 and 3 of this Agreement. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your profile information accurate and updated.
(c) Service Eligibility: To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (i) are 18 years of age or older; (ii) are not currently restricted from the Services, or not otherwise prohibited from having an account, (iii) are not a competitor or are not using the Services for reasons that are in competition with Finfore; (iv) will only maintain one account at any given time; (v) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (vi) will not violate any rights of Finfore, including intellectual property rights such as copyright or trademark rights; and (vii) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
(d) Sign-In Credentials: You agree to: (i) Keep your password secure and confidential; (ii) not permit others to use your account; (iii) refrain from using other Users’ accounts; (iv) refrain from selling, trading, or otherwise transferring your account to another party; and (v) refrain from charging anyone for access to any portion of Data-CX, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own.
(e) Indemnification: You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (i) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (ii) any content you submit to the Services, and (iii) any activity in which you engage on or through Finfore.
(f) Payment: If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Finfore storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the Premium Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You also acknowledge that our Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
(g) Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
(h) Notifications and Service Messages: For purposes of service messages and notices about the Services to you, notice shall consist of an email from us to an email address associated with your account, even if we have other contact information. You also agree that we may communicate with you through your account or through other means including email, mobile number, telephone, or delivery services about your account or services associated with Data-CX. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
(i) Mobile Services: We may offer the Services through mobile applications created by it or third party developers (“Platform Developers”). If you use the Services through a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. In addition, use of the Services through a mobile device may cause data to be displayed on and through your mobile device. By accessing the Services using a mobile device, you represent that to the extent you import any of your data to your mobile device that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing Data-CX through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
(j) User-to-User Communication and Sharing: We may offer various forums and blogs. We may also enables sharing of information by allowing users to post updates, including links to news articles and other information to their profile. Ideas you post and information you share may be seen and used by other Users, and we cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it anywhere on Data-CX. FINFORE IS NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY COMMUNITY FORUMS.
(k) Privacy: You should carefully read our Privacy Policy before deciding to become a User as it governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data and content (such as photographs) which you may submit, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, religion and/or sexual orientation, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
3. YOUR RIGHTS
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent), view information and use the Services that we provide on Data-CX's webpages and in accordance with this Agreement. Any other use of Data-CX contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Data-CX and all related items.
4. OUR RIGHTS AND OBLIGATIONS
(a) Services Availability: For as long as Data-CX continues to offer the Services, we shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Data-CX as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Data-CX, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Finfore further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Finfore to be contrary to this Agreement. For avoidance of doubt, Finfore has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
(b) Third Parties: Finfore may include links to third party web sites on www.data-cx.com and elsewhere. We may also enables developers to create applications that provide features and functionality using data and developer tools made available by Finfore. You are responsible for evaluating whether you want to access or use a third party web site or an application. You should review any applicable terms and/or privacy policy of any third party site or application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not. Finfore is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from any third party site. We also does not screen, audit, or endorse any applications. Accordingly, if you decide to access a third party web site or an application, you do so at your own risk and agree that your use of any application is on an “as-is” basis without any warranty as to the developer’s actions, and that this Agreement does not apply to your use of any third party web site or any application. Please note: If you allow an application or third party site to authenticate to or connect with your Data-CX' account, that application or website can access information on Data-CX related to you and your connections. For additional information please refer to our Privacy Policy.
(c) Disclosure of User Information: You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce this Agreement; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of Finfore, our Users or the public.
(d) Connections and Interactions with other Users: You are solely responsible for your interactions with other Users. We may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Finfore reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Finfore determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
5. LIMITATION OF LIABILITY
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Finfore nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Finfore Affiliates”) shall be liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Data-CX. This limitation of liability shall:
Apply regardless of whether (i) you base your claim on contract, tort, statute or any other legal theory, (ii) we knew or should have known about the possibility of such damages, or (iii) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that we may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement. Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
6. TERMINATION.
(a) Mutual rights of termination: You may terminate this Agreement, for any or no reason, at any time, with notice to Finfore. This notice will be effective upon our processing your notice. We may terminate the Agreement for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Finfore or the party paying for the services may terminate your access to any Premium Services. Termination of your Data-CX account includes disabling your access and may also bar you from any future use of Data-CX.
(b) Misuse of the Services: We may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the services; creating multiple or false profiles; using the Services commercially without our authorization, infringing any intellectual property rights, or any other behavior that Finfore, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, we have adopted a policy of terminating accounts of Users who, in our sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
(c) Effect of Termination: Upon the termination of your account, you lose access to the Services. In addition, we may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 3 (“Your Rights”) and 4.a-b, and d (“Our Rights and Obligations”) hereof.
7. ENGLISH LAW AND ARBITRATION.
(a) Choice of Law: Except for any Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with Finfore arising out of or relating to the Agreement (“Disputes”) shall be governed by the laws of England regardless of your country of origin or where you access Data-CX, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
(b) Agreement to Arbitrate and Pay Attorneys’ Fees. Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the Arbitration Association of the United Kingdom, to be held in London, United Kingdom, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.
(c) Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
9. GENERAL TERMS.
(a) Severability: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
(b) Language: Where Finfore has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Finfore.
(c) Notices and Service of Process: In addition to Section 2.h. (“Notices and Service Messages”), we may notify you via postings on www.data-cx.com. You may contact us via Email.
Finfore Limited
4th Floor
Albany House
324/326 Regent Street
London, W1B 3HH
United Kingdom
Email
Additionally, we accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
(d) Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Finfore services, third-party content or third party software.
(e) Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.data-cx.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 6 (Termination).
(f) No informal waivers, agreements or representations: Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Finfore Affiliate shall be deemed legally binding on any Finfore Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Finfore.
(g) No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
(h) Beneficiaries: Entities other than Finfore Limited, that Finfore owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.
(i) Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Finfore for any third party that assumes our rights and obligations under this Agreement.
10. USER “DOS” and “DON’TS.”
As a condition to access Data-CX, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
(a) Do undertake the following: (i) Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements; (ii) Provide accurate information to us and update it as necessary; (iii) Review and comply with our Privacy Policy; (iv) Review and comply with notices sent by Finfore concerning the Services; and (v) Use the Services in a professional manner.
(b) Don’t undertake the following: (i) Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Data-CX; (ii) Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Data-CX (excluding content posted by you) except as permitted in this Agreement, our developer terms and policies, or as expressly authorized by Data-CX; (iii) Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; (iv) Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature; (v) Create a user profile for anyone other than a natural person;
(vi) Utilize information, content or any data you view on and/or obtain from Data-CX to provide any service that is competitive, in Finfore's sole discretion, with Data-CX; (vii) Imply or state, directly or indirectly, that you are affiliated with or endorsed by Data-CX unless you have entered into a written agreement with Finfore; (viii) Adapt, modify or create derivative works based on Data-CX or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under our developer program; (ix) Rent, lease, loan, trade, sell/re-sell access to Data-CX or any information therein, or the equivalent, in whole or part; (x) Deep-link to the Site for any purpose, unless expressly authorized in writing by Finfore or for the purpose of promoting your profile or a Group on Finfore as set forth in the Brand Guidelines; (xi) Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; (xii) Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through sanctioned tools such as its application programming interfaces or its own services or integrations with other, partner services; (xiii) Access, via automated or manual means or processes, Data-CX for purposes of monitoring its availability, performance or functionality or for any competitive purpose; (xiv) Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Data-CX's website; (xv) Attempt to or actually access Data-CX by any means other than through the interfaces provided by Finfore; (xvi) Attempt to or actually override any security component included in or underlying Data-CX; (xvii) Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or Data-CX personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses; (xviii) Remove any copyright, trademark or other proprietary rights notices contained in or on Data-CX, including those of both Data-CX and any of its licensors; (xix) Remove, cover or otherwise obscure any form of advertisement included on Ddata-CX; (xx) Harass, abuse or harm another person, including sending unwelcomed communications to others using Data-CX; (xxi) Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from Data-CX except as expressly permitted in this Agreement or as the owner of such information may expressly permit; (xxii) Share information of non-Users without their express consent; (xxiii) Interfere with or disrupt Data-CX, including but not limited to any servers or networks connected to Data-CX; (xxiv) Invite people you do not know to join your network; (xxv) Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo; (xxvi) Use or attempt to use another's account without authorization from the Company, or create a false identity on Data-CX; (xxvii) Infringe or use Data-CX’s brand, logos and/or trademarks, including, without limitation, using the word “Data-CX” in any business name, email, or URL or including Finfore's trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by Data-CX; (xxviii) Upload, post, email, transmit or otherwise make available or initiate any content that: Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable; Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Data-CX); Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Data-CX to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (b) sending messages to distribution lists, newsgroup aliases, or group aliases; Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Finfore or any User of Data-CX; Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
( xxix) Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
10. COMPLAINTS REGARDING CONTENT POSTED ON THE DATA-CX WEBSITE.
We built Data-CX to help you be a more successful finance professional, and to help finance professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Finfore provides a process for submission of complaints concerning content posted by our Users.
11. PROVISIONS APPLICABLE TO USERS REGISTERING FROM FRANCE.
The following provisions apply if your country of registration is France, you are using Data-CX from France, and you are using the French version of Data-CX: In accordance with Article L. 121-20 of the French Consumer Code, you are hereby informed that you have a seven (7) day period from the opening of your account to exercise your right of retraction, without any penalty or cause. However, in accordance with Article L. 121-20-2, 1° of the French Consumer Code, this right of retraction cannot be exercised once you have used the services of the account in question. You agree that you will not participate directly or indirectly in a network seeking to implement practices similar to “snowball” sales or services as set forth in Articles L 122-6 and L 122-7 of the French Consumer Code.
12. PROVISIONS APPLICABLE TO USERS REGISTERING FROM GERMANY.
The following provisions apply and prevail over the above stated clauses if your country of registration is Germany, you are using Data-CX from Germany and you are using the German version of Data-CX:
(a) Liability: Subject to the provisions contained in the following paragraph and irrespective of legal ground, Finfore is liable only for damages resulting from the intentional misconduct or gross negligence of Finfore, its legal representatives, employees or authorized agents (“Agents”). For damages resulting from the gross negligence of Finfore or its Agents, liability is limited to damages commonly associated with the agreement in question. For damages caused by Finfore or its Agents in the absence of intentional misconduct or gross negligence, Finfore's liability is limited to the extent that violations extend to obligations the satisfaction of which is of critical importance to the achievement of the respective agreement’s purpose (cardinal obligation). In the event that a cardinal obligation is violated by way of light negligence, liability is limited to damages commonly associated with the agreement in question. The above limitation of liability does not affect liability as prescribed by the German Product Liability Act or for damages from (1) injuries to life, body and health, or (2) the assumption of a guarantee or procurement risk. To the extent that Finfore's liability is excluded or limited under the foregoing provisions, such provisions also operate to the benefit of Finfore Agents in cases in which a User sues Finfore Agents directly.
(b) Decompilation: In case you download certain software provided by Finfore, you are only entitled to decompile the Software under the rules provided in Sec. 69e Copyright Act (“Urhebergesetz”) and only after Finfore has not provided the necessary information and data for allowing to establish interoperability with third party hard- or software after a written request within an adequate timeframe.
(c) Right of Revocation: If the User is a consumer (Sec. 13 German Civil Code), he or she may revoke registration for the Free or Premium Membership in writing (for example by letter, fax or email) without stating a reason within two (2) weeks of registration. Furthermore, the User may cancel registration for the Premium Membership in writing (e.g. by post, fax or email) within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week periods begin with the reception of this information in text form. In the event of a valid cancellation, both parties shall be obliged to restore any benefits already received in accordance with legal provisions, and issue any gains (e.g. interest). If the User is unable or partially unable to restore the benefits, or only able to restore them in poor condition, to Finfore, then the User is obligated to reimburse Finfore for the corresponding value. Each party must fulfill its obligation for reimbursement within 30 days. The deadline begins for the User with the dispatch of the revocation; for Finfore, it begins with the reception of the revocation sent by the User. The right to revoke the contract expires if Finfore has begun providing the service with the User’s explicit consent before the end of the deadline for the revocation or if the User has initiated the service himself or herself.
13. PROVISIONS APPLICABLE TO USERS REGISTERING FROM THE UNITED KINGDOM.
The following provisions apply and in the event of a conflict prevail over the above stated clauses if you are using the Services as a consumer resident in the United Kingdom:
(a) Liability: Finfore does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence.
(b) Decompilation: In case you download certain software provided by Finfore, you are only entitled to decompile the Software to the extent permitted by law where this is indispensable to obtain the information necessary to achieve the interoperability of an independently created program with the Software or with another program and such information is not readily available from Finfore or elsewhere.
(c) Right to Cancel: You hereby acknowledge that we shall immediately commence the provision of the Services upon creation of your User account or your payment for the Premium Services has been processed. In such circumstances, and because you consent to the commencement of the Services at this time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. However, you may terminate this Agreement at any time in accordance with Section 6.
14. PROVISIONS APPLICABLE TO USERS REGISTERING FROM ITALY
The following provisions apply and prevail over the above terms and conditions if your country of registration is Italy, you are using Data-CX from Italy and you are using the Italian version of Data-CX:
(a) Liability: Pursuant to Article 1229 of the Italian Civil Code, the limitations of liabilities under Section 5 will not be valid and effective for damages resulting from the intentional misconduct or gross negligence of Finfore, its legal representatives, employees or authorized agents.
(b) Right of Withdrawal: Should the User be a consumer, according to Article 64 of the Italian Consumer Code, he will be entitled to a period of ten business days to withdraw from the contracts with Finfore without any penalty or cause. The period for exercising the right of withdrawal shall commence from the day of the opening of your account and - with regard to the contracts regarding further Premium Services provided by Finfore - from the day of the conclusion of the relevant contract. The right of withdrawal may be exercised within such delay by written notice (also by certified email) at the address here below. Notification may also be sent, by the same delay, by telegram, telex, e-mail or facsimile machine, provided that confirmation is also given by recorded delivery (with notification of receipt, also by certified e-mail) by no later than 48 hours thereafter. As a consequence of the withdrawal, the parties will be released from their respective obligations arising out of the Contract. If, in the meantime, any obligations have been performed in full or in part, the withdrawal shall not affect the further obligations provided for by Article 67 of the Italian Consumer Code. The right of withdrawal shall not apply to the provision of services if provision thereof has already begun, with the consumer’s agreement before the end of the period referred to in Article 64 of the Italian Consumer Code.
II. Privacy Policy
Finfore Limited (“Finfore”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Finfore website located at www.data-cx.com and any linked pages, features, content, or application services offered from time to time by Finfore in connection therewith (the “Site”) and using Finfore services (the “Services”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy.
1. WHAT DOES THIS PRIVACY COVER? This Privacy Policy covers Finfore’s treatment of personal information that Finfore gathers when you are on the Site and when you use the Services. This policy also covers Finfore’s treatment of any personal information that Finfore’s business partners share with Finfore. This policy does not apply to the practices of third parties that Finfore does not own or control, including but not limited to third party services you access though Finfore, or to individuals that Finfore does not employ or manage.
2. WHAT PERSONAL INFORMATION ABOUT CUSTOMERS DOES FINFORE COLLECT? Our primary goal in collecting personal information is to provide you with a friendly, customized, and efficient experience. We collect the following types of information from our users:
A. INFORMATION YOU PROVIDE TO US. We receive and store any information you enter on the Site or through the Services or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of the features of our Site and Services. The personal information you provide may be used for such purposes as responding to your requests for certain services, customizing the content you see, and communicating with you about specials and new products. In order for you to take full advantage of our Site and Services, you must provide registration information, including an e-mail address, password and, in certain circumstances, registration information for the third party services you access through Finfore. We may also request demographic information and unique identifiers in order to provide you with a more personalized service, but this information is optional. To the extent you provide Finfore with personal information, you are not anonymous to us.
B. AUTOMATIC INFORMATION. We may receive and store certain types of information whenever you interact with us. Finfore may automatically receive and record information on our server logs from your browser including your IP address, Finfore cookie information, and the information you request. Finfore may use this traffic data to help diagnose problems with its server, analyze trends and administer the Site and Services. Our service may automatically collect usage information, such as the numbers and frequency of visitors to our Site and Services and their components, similar to TV ratings that indicate how many people watched a particular show. Finfore may use this data in aggregate form, that is, as a statistical measure, but not in a manner that would identify you personally. This type of aggregate data may enable us to figure out how often customers use parts of the Site and Services, so we can make the Site and Services appealing to as many users as possible. As part of this use of information, we may provide aggregate information, not information about you personally, to our partners about how our users, collectively, use our Site and Services. If we share this type of statistical data, we do so so that our partners can understand how often people use their areas of our Site and Service, so that they, too, may provide you with an optimal Finfore experience.
C. EMAIL COMMUNICATIONS. We may receive a confirmation when you open an e-mail from Finfore if your computer supports this type of program, in order to help us make e-mails more interesting and helpful. We may also send out e-mails with news or promotions. If you do not want to receive promotional e-mail from us, please contact us.
D. INFORMATION FROM OTHER SOURCES. For purposes such as improving personalization of our service, we may receive information about you from other sources. Like the information you provide to us, we do not share this information with anyone except authorized third parties in connection with providing you with our Services.
3. WHAT ABOUT COOKIES? Cookies are alphanumeric identifiers that we may transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and tell us how and when pages in our Site are visited and by how many people. To the extent Finfore uses cookies, such cookies do not collect personal information, and we do not combine information collected through cookies with other personal information to tell us who you are or what your username or e-mail address is; we use cookies to enhance users’ experiences, to learn more about their use of the Site and Services and to improve quality. Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, how to command the browser to tell you when you receive a new cookie, or how to fully disable cookies, as well as (depending on the sophistication of your browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. We strongly recommend that you leave the cookies activated, however, because deleting cookies may reduce the functionality of Finfore. Ads may appear on the Site or the Services, and advertisers may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy covers the use of cookies by Finfore and does not cover the use of cookies, if any, by advertisers.
