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| 1: |
Terminology |
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"Service" - The information, other content
and services provided on the Openfolio (www.openfolio.com and associated forwarded
domains and sub-domains) web site. |
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"Openfolio" – openfolio.com |
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"Content" - All information, data, graphics
and services found on Openfolio. |
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"Username" – Your chosen name for your
Author's category on Openfolio. |
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"Password" – The password that has been
supplied to you by Openfolio. |
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"Registration" - The process of obtaining a
Username and Password for use on any of Openfolio's Services/ facilities. |
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"Member" - Anyone who has successfully registered
and has been issued Username and Password from Openfolio. |
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"Author" – the term associated with the
holder of a membership account on Openfolio. |
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"Post" - Any content authors contribute to
Openfolio. |
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"Hyperlink" - A "click-able" link
to other content on the world wide web. |
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"T.O.S." – Terms of Service as contained
herein. |
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| 2: |
General |
| 2.1: |
You may only use Openfolio for lawful purposes. |
| 2.2: |
The Openfolio Privacy Policy forms a part of this Agreement
and explains how information collected during registration may be used by the
operator and copyright holder for Openfolio. |
| 2.3: |
Openfolio is not responsible for any incurable costs
due to the miss use, abuse of or the quality of service experienced by using Openfolio. |
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| 3: |
Registration |
| 3.1: |
You may apply for membership/ register for the Openfolio.
By registering for the Openfolio, you agree that all information provided by you
is accurate and agree to be bound by these T.O.S. (Including paying the Subscription
Charges if applicable). Openfolio retains the right to refuse membership to the
Openfolio at any time, and access to this facility can be revoked without prior
consent/ reason. |
| 3.2: |
Authors agree to abide by the following terms (as applicable) |
| 3.2.1: |
You agree to protect and keep secret your Password at
all times and agree not to allow any third party directly or indirectly to use
your membership, user name or password. You also agree NOT to attribute any materials,
data or information which you have obtained from the Service to Openfolio in any
non Openfolio content sources, bulletin boards, discussion groups or online communities.
You acknowledge that a breach of Openfolio's Intellectual Property Rights may
give rise to civil damages and criminal penalties. |
| 3.2.2: |
The right to use Openfolio is strictly personal to the
Member named in the Registration. If the Member named in the Registration is an
organisation, the organisation must nominate a single user who will be the only
person who may use Openfolio. |
| 3.2.3: |
You may not allow any other individual (even within your
organisation) to directly or indirectly use the Service. In order for such any
non-members to use the Openfolio, they must register separately for the Openfolio
and if applicable pay for the relevant Subscription Charges. If you do not comply
with this obligation, you acknowledge that Openfolio is entitled to charge you
an amount equivalent to the relevant Subscription Charges in respect of each non-member
to whom you have distributed any materials to or allowed to use the Openfolio.
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| 4: |
Intellectual Property Rights |
| 4.1: |
You acknowledge and agree that all copyright, trade marks
and other intellectual property rights in all material, content or information
supplied as part of the Service shall remain at all times vested in Openfolio
and/ or its licensers. You are only permitted to use the service in accordance
with paragraph 3 above. |
| 4.2: |
Any portion of an article which an author adds to the
Openfolio must include reference to protect any third party rights over that material,
which includes copyright statements, limitations of usage and rights of ownership
relating to that material. |
| 4.3: |
An author accepts responsibility for all litigation,
and legal or moral obligation/ action that may result from a posting make by that
author. Openfolio does not administer or edit or take responsibility for any material
other than that marked as authored by Openfolio |
| 4.4: |
If you believe that a Post/ article contains material
that violates the T.O.S., You may report this to the appropriate author of that
article. |
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| 5: |
Openfolio's Rights. Openfolio reserves the right to: |
| 5.1: |
modify, alter, change or withdraw any part of the Service,
whether temporarily or permanently, with or without notice to you and you confirm
that any such modification, alteration, changes or withdrawal by Openfolio shall
be without any liability to you EXCEPT THAT if there are any modification, alteration,
changes or withdrawal of any part of Openfolio permanently, you will be given
an opportunity to cancel your Subscription and receive a refund of the outstanding
portion of the Subscription Charges from that date. |
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5.2:
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change the Subscription Charges from time to time provided
always that you will be given an opportunity to decide whether or not you wish
to continue with Subscription of Openfolio If you decide to cancel your subscription
you will receive a refund of the outstanding portion of the Subscription Charges.
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| 5.3: |
to change the T.O.S. (Including Subscription Charges)
from time to time. Any such changes will be displayed on the website. Changes
will take effect immediately. Your continued use of any part of the Service following
such change shall be deemed to be your acceptance of such amended T.O.S.. You
acknowledge that you are solely responsible for ensuring checking these T.O.S.
From time to time to see the changes which have been made to these T.O.S.. If
you do not accept any such changes you should stop using the Openfolio.
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| 6: |
Limitation of Liability |
| 6.1 |
Subject to paragraph 9.1 below and to the maximum extent
permitted by law, Openfolio will not be liable in contract, negligence or otherwise
for any liabilities, damages or losses (whether direct or indirect) you may suffer
as a result of using the Openfolio. Openfolio does not limit liability for fraudulent
misrepresentation, death and personal injury arising from Openfolio's negligence.
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| 7: |
Published Articles |
| 7.1: |
Membership to Openfolio is subject to compliance with
the T.O.S. You accept that articles within the Openfolio are not published by
us and that we do not necessarily endorse any of the material contained in these
Articles. |
| 7.2: |
Openfolio does not moderate or actively review, censor
or edit articles added to the Openfolio. Openfolio does, however, reserve the
right to review, censor or remove any Post at any time without notice. |
| 7.3: |
The Service allows members to add Hyperlinks in their
articles; you accept that Openfolio cannot be held responsible for the availability
of this information. You accept that you are fully and exclusively responsible
for loss or damage when attempting to use these Hyperlinks. |
| 7.4: |
You accept that articles added by authors may be unintentionally
and intentionally misleading, deceptive or mistaken. You also accept that individuals
may not be whom they claim to be. If you suspect you are being impersonated, you
should contact Openfolio. |
| 7.5: |
You accept that Openfolio does not check the accuracy
of information supplied by members in their profiles. |
| 7.6: |
You may not use the Openfolio on Openfolio to:
- Post abusive, vulgar, obscene, harassing, threatening, hateful, fraudulent,
defamatory, sexually explicit, or unlawful material.
- Provide hyperlinks within your Posts to any external material containing abusive,
vulgar, obscene, harassing, threatening, hateful, fraudulent, defamatory, sexually
explicit, or unlawful material.
- Post articles that intentionally make false or misleading statements about financial
instruments or their price and potential.
- Advertise investment services.
- Publish junk mail, Spam, chain letters or any other unsolicited marketing material.
- Publish third-party copyrighted information without prior approval from that
party.
- Impersonate any person or organisation or misrepresent your affiliation with
any person or any thing. |
| 7.7 |
You grant and assign to us and our successors and agents
a non-exclusive, world-wide, royalty-free, perpetual and irrevocable license to
use, display, distribute and reproduce in whole or in part in any media any articles
authors add to the Openfolio. |
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| 8: |
Termination of service |
| 8.1: |
You agree that Openfolio may terminate your membership
and restrict your access to the Openfolio without prejudice to any other rights
or remedies that Openfolio may have if: Openfolio is of the reasonable opinion
that you have breached these T.O.S or acted inconsistently with the spirit of
these terms and conditions; or in the case of a member of the Newscaster Facility
fails to pay the relevant Subscription Charges. |
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| 9: |
Limited Warranty |
| 9.1: |
Openfolio will use reasonable endeavours to maintain
the Service. You will not be eligible for any compensation because you cannot
hold Openfolio liable for any failure of the Service as a result of an event beyond
Openfolio's reasonable control, which includes failure of the system from poor
design, abuse, maintenance hosting or service. In respect of material failure
of Openfolio your sole and exclusive right and remedy against Openfolio is an
extension of your membership free of additional charge for the amount of time
that there was a material failure of the Openfolio. |
| 9.2: |
Neither Openfolio nor its employees assume any responsibility
or liability for the accuracy or completeness of the information contained on
the Openfolio, or the service provided by the software or hardware that delivers
the Openfolio. Openfolio shall not be liable for loss of profits, direct or indirect
damages resulting from your use of the Service. We make no claims for the usefulness
of its content for any particular purpose. |
| 9.3: |
No information obtained by you through use of the Openfolio
shall create any warranty. |
| 9.4: |
You acknowledge and agree that any information that you
receive through use of the Service is provided "as is" and "as available" basis
without representation or endorsement of any kind and is obtained at your own
risk. You agree that you are solely responsible for any damage to your computer
system and/or loss or damage to your data files through use of the Openfolio or
by the use of hypertext links on the Openfolio to external information. |
| 9.5: |
Subject to paragraph 7.1 and to the maximum extent permitted
by law, Openfolio excludes all warranties, conditions or other terms, whether
express or implied, whether by statute, case law, custom or otherwise in relation
to the Service, including without limitation as to satisfactory quality, fitness
for particular purpose, non-infringement, compatibility, accuracy, or completeness. |
| 9.6: |
Notwithstanding any other provision in these Terms of
service, nothing herein shall limit your rights as a consumer under English law.
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| 10: |
Indemnification |
| 10.1: |
You agree to indemnify us from any actions, claims or
liabilities arising from your use of the Openfolio. You agree that you are responsible
for your own investment decisions and that you are responsible for assessing the
suitability and accuracy of all information and for obtaining your own advice
thereon. |
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| 11: |
Jurisdiction |
| 11.1 |
These T.O.S. is governed and shall be construed in accordance
with the laws of England and Wales and you hereby submit to the exclusive jurisdiction
of the English courts in the event of any dispute in connection with the Openfolio
or these T.O.S. |
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| Last updated: January 27th 2003 |
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