PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY TRI.VISION GMBH IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, TRI.VISION GmbH will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. TRI.VISION GmbH may require you to provide consent to the updated Terms in a specified manner before further use of the Website is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website. Otherwise, your continued use of the Website constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
- Use of the Services and TRI.VISION GmbH Properties. The Software, the Website and the information and content available on the Website (as these terms are defined herein) (collectively, the “TRI.VISION GmbH Properties” ) are protected by copyright laws throughout the world.
- Software. Use of any Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Website page(s) accompanying the Software. These license terms may be posted with the Software downloads or at the Website page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. At no time will TRI.VISION GmbH provide you with any tangible copy of our Software. TRI.VISION GmbH shall deliver access to the Software via electronic transfer or download and shall not use or deliver any tangible media in connection with the (a) delivery, installation, updating or problem resolution of any Software (including any new releases); or (b) delivery, correction or updating of documentation. For the purposes of this section tangible media shall include, but not be limited to, any tape disk, compact disk, card, flash drive, or any other comparable physical medium. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, or redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes. Some Software may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
- Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit TRI.VISION GmbH Properties or any portion of TRI.VISION GmbH Properties, including the Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other TRI.VISION GmbH Properties (including images, text, page layout or form) of TRI.VISION GmbH; (c) you shall not use any metatags or other “hidden text” using TRI.VISION GmbH’s name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of TRI.VISION GmbH Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) except as expressly stated herein, no part of TRI.VISION GmbH Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in TRI.VISION GmbH Properties. Any future release, update or other addition to TRI.VISION GmbH Properties shall be subject to the Terms. TRI.VISION GmbH, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of TRI.VISION GmbH Properties terminates the licenses granted by TRI.VISION GmbH pursuant to the Terms.
- Registering Your Account. In order to access certain features of TRI.VISION GmbH Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is an end user of the Website (“User”) who has registered an account on the Website (“Account”).
- Registration Data. In registering an Account on the Website, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using TRI.VISION GmbH Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree to notify TRI.VISION GmbH immediately of any unauthorized use of your password or any other breach of security. If you provide any information that is untrue, inaccurate, not current or incomplete, or TRI.VISION GmbH has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TRI.VISION GmbH has the right to suspend or terminate your Account and refuse any and all current or future use of TRI.VISION GmbH Properties (or any portion thereof). You agree not to create an Account or use TRI.VISION GmbH Properties if you have been previously removed by TRI.VISION GmbH, or if you have been previously banned from any of TRI.VISION GmbH Properties.
- TRI.VISION GmbH Properties. You agree that TRI.VISION GmbH and its suppliers own all rights, title and interest in TRI.VISION GmbH Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website.
- Your Content. TRI.VISION GmbH does not claim ownership of any comments, posts, information or text you post, upload or otherwise make available on the Website (“Your Content”). However, when you post or publish Your Content on or in TRI.VISION GmbH Properties, you hereby grant us a non-exclusive right to copy, display, perform, distribute, create derivative works of and otherwise use Your Content on the Website.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to TRI.VISION GmbH through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that TRI.VISION GmbH has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to TRI.VISION GmbH a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of TRI.VISION GmbH Properties.
- User Conduct. In connection with your use of TRI.VISION GmbH Properties, you shall not: (a) make available, post or upload (“Make Available”) any Content that (i) is unlawful, tortious, defamatory, vulgar, obscene, libelous, or racially, ethnically or otherwise objectionable; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; or (v) promotes illegal or harmful activities; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, TRI.VISION GmbH personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) Make available any Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);(e) Make Available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights; (f) intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court; (g) stalk or otherwise harass any other User of our TRI.VISION GmbH Properties; or (h) advocate, encourage or assist any third party in doing any of the foregoing activities in this section.
- Content Provided by Other Users. TRI.VISION GmbH Properties may contain content, information, reviews, ratings and comments provided by other Users (“User Content”). TRI.VISION GmbH is not responsible for and does not control User Content. TRI.VISION GmbH has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
- Fees and Purchase Terms.
- Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide TRI.VISION GmbH with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”). Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing TRI.VISION GmbH with your credit card number and associated payment information, you agree that TRI.VISION GmbH is authorized to immediately invoice your Account for all fees and charges due and payable to TRI.VISION GmbH hereunder and that no additional notice or consent is required. You agree to immediately notify TRI.VISION GmbH of any change in your billing address or the credit card used for payment hereunder. TRI.VISION GmbH reserves the right at any time to change its prices and billing methods, either immediately upon posting on TRI.VISION GmbH Properties or by e-mail delivery to you.
- Taxes. TRI.VISION GmbH’s fees are net of any applicable Sales Tax. If any Software, or payments for any Software, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to TRI.VISION GmbH, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify TRI.VISION GmbH for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that TRI.VISION GmbH is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
- Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: sales@anyFX360.com.
- Indemnification. You agree to indemnify and hold TRI.VISION GmbH, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “TRI.VISION GmbH Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your violation of the Terms; or (c) your violation of any applicable laws, rules or regulations. TRI.VISION GmbH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TRI.VISION GmbH in asserting any available defenses. This provision does not require you to indemnify any of the TRI.VISION GmbH Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to TRI.VISION GmbH Properties.
- Disclaimer of Warranties and Conditions. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF TRI.VISION GmbH PROPERTIES IS AT YOUR SOLE RISK, AND TRI.VISION GmbH PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TRI.VISION GmbH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TRI.VISION GmbH PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) TRI.VISION GmbH PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF TRI.VISION GmbH PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF TRI.VISION GmbH PROPERTIES WILL BE ACCURATE OR RELIABLE.
- Limitation of Liability.
- Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL TRI.VISION GmbH PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH TRI.VISION GmbH PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT TRI.VISION GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF TRI.VISION GmbH PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE TRI.VISION GmbH PROPERTIES; (2) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TRI.VISION GmbH PROPERTIES; OR (3) ANY OTHER MATTER RELATED TO TRI.VISION GmbH PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. NOTWITHSTANDING THE FOREGOING, TRI.VISION GmbH DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY TRI.VISION GmbH PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TRI.VISION GmbH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Cap on Liability. UNDER NO CIRCUMSTANCES WILL TRI.VISION GmbH PARTIES BE LIABLE TO YOU FOR MORE THAN FIFTY EURO (€50). THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A TRI.VISION GmbH PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A TRI.VISION GmbH PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A TRI.VISION GmbH PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
- Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TRI.VISION GmbH AND YOU.
- Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use TRI.VISION GmbH Properties, unless terminated earlier in accordance with the Terms. TRI.VISION GmbH may terminate these Terms, including your access to the Website, in the event you violate any terms or conditions hereunder, upon notice to you.
- International Users. TRI.VISION GmbH Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that TRI.VISION GmbH intends to announce such Services or Content in your country. TRI.VISION GmbH Properties are controlled and offered by TRI.VISION GmbH from its facilities in the United States of America. TRI.VISION GmbH makes no representations that TRI.VISION GmbH Properties are appropriate or available for use in other locations. Those who access or use TRI.VISION GmbH Properties from other countries do so at their own volition and are responsible for compliance with local law.
- General Provisions.
- Electronic Communications. The communications between you and TRI.VISION GmbH use electronic means, whether you visit TRI.VISION GmbH Properties or send TRI.VISION GmbH e-mails, or whether TRI.VISION GmbH posts notices on TRI.VISION GmbH Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from TRI.VISION GmbH in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that TRI.VISION GmbH provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
- Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without TRI.VISION GmbH’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. TRI.VISION GmbH shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to TRI.VISION GmbH Properties, please contact us at: support@anyFX360.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
- Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the laws of Germany, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
- Notice. Where TRI.VISION GmbH requires that you provide an e-mail address, you are responsible for providing TRI.VISION GmbH with your most current e-mail address. In the event that the last e-mail address you provided to TRI.VISION GmbH is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, TRI.VISION GmbH’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to TRI.VISION GmbH at the following address: TRI.VISION GmbH GmbH, Weidendamm 8, 30167 Hannover, Germany. Such notice shall be deemed given when received by TRI.VISION GmbH by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
- Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
- Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Last Revised: April, 2, 2018