FX Blue - MT4i Terms and Conditions

MT4i Terms and Conditions of Use, May 2011

MT4i is the owner of the website located at www.mt4i.com (“Website”). The term MT4i refers to MT4i LLP and its members, officers, directors, shareholders, employees, agents and affiliates (“MT4i”). The term "you" or “your” or “user” or “users” refers to the users or viewers of this Website.

Any information on this Website including registration details, forum postings, software downloads, advertisements, graphics, services or subscriptions of any nature, investment information, strategies, alerts or signals, links to other websites and any other materials, information or content (including the look and feel of the Website) whatsoever shall be referred to in these terms and conditions of use as “Information”.

The contents of this document including any disclaimers and terms and conditions of use (“Terms and Conditions”) and MT4i’s related policy regarding privacy (“Privacy Policy”), together referred to as “MT4i’s Terms”, form a contractual agreement governing MT4i's relationship with you in relation to your use of this Website (“Agreement”) and you agree to be legally bound by MT4i’s Terms just as if you had signed this Agreement. By using this Website and any Information, you are agreeing to comply with and be bound by MT4i’s Terms, including any revisions that may be made to MT4i’s Terms from time to time. MT4i reserves the right, in MT4i’s sole discretion, to change, modify, add or remove portions of MT4i’s Terms at any time by posting the revisions on the Website. You should check MT4i’s Terms periodically for changes as by using the Website after MT4i posts any changes to MT4i’s Terms, you are agreeing to accept those changes, whether or not you have reviewed them, and you waive any right you may have to receive individualised notice of such changes. MT4i’s Terms may be supplemented by additional terms and conditions pertaining to specific content and activities. You agree and understand that such additional terms and conditions are hereby incorporated by reference to MT4i’s Terms. Your continued use of the Website means that you accept any new or modified MT4i Terms.

You agree that the use of this Website is subject to the following terms of use:

By registering, you certify that all information you provide in the registration is accurate. You must have a valid email registered with MT4i at all times. If an email that MT4i sends to you should bounce for some reason, your account may be temporarily suspended until you contact MT4i with a verifiable address.
You are responsible for all statements made and acts that occur through the use of your registration and password. So, please don't disclose your password to anybody. You agree and understand that you are responsible for maintaining the confidentiality of your password(s) which, together with your login e-mail address, allows you to access certain portions of the website.
By providing MT4i with your e-mail address, you agree to receive all required notices and other correspondence electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. If you become aware of any unauthorized use of your registration information, you agree to notify MT4i in writing immediately.
You must be 18 years of age or older to use the website. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by, this Agreement. If you are not yet 18 years of age, you must not use this Website.
Any Information you enter on the Website may be transferred outside the European Economic Area and to other parts of the world including the United States of America for the purposes of storage, processing and maintenance. By submitting your information to MT4i, you expressly consent to this transfer.
By using this Website you are agreeing that you bear full responsibility for your own research, trading and investment decisions and you also agree that MT4i shall not be liable for any decision made or action taken by you or others in reliance upon any Information published by MT4i. The Information available on or through this Website is only for your general information and use and is not intended to address your particular requirements. In particular, any Information is in the nature of general information and is for general informational purposes only. The Information is not personalised for you or any other recipient, does not constitute any form of advice or recommendation or investment advice by MT4i or other users and is not and should not be considered to be an individualized investment recommendation. Such information is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions.
Subject to Clause 8 below, Information on the Website including especially that posted by advertisers or users is not verified by MT4i and MT4i cannot and does not warrant the completeness or accuracy of the Information or its usefulness for any particular purpose. Accordingly you acknowledge that this Website may contain incomplete, incorrect, inaccurate, misleading and/or false Information, is for your general use only, and should not be relied upon in any way without first taking appropriate professional advice from licensed advisers. MT4i is not responsible or liable in any manner for, and makes no representations or warranties of any kind regarding, the accuracy, completeness, quality, reliability or usefulness of the Information. Any claim by any user or other third party that Information has been or is verified, checked, supported or otherwise endorsed by MT4i (“Verified”) is, unless otherwise clearly confirmed in writing by MT4i, false and should not, under any circumstances, be relied upon by you. You also acknowledge that you will not claim, infer or publish a statement that MT4i has Verified any Information unless it has been Verified in accordance with Clause 8 below.
MT4i has a verification process for confirming that trading statements published on the Website have been Verified. This verification process is explained on the Website. You should note, however, that even where an account has been confirmed as ‘Verified’, it is possible, for reasons beyond MT4i's control, for the account to still be falsified. This is because brokers can run demo accounts on their live servers (a broker can run a demo account which is reported to MetaTrader 4 with the IsDemo() function returning False, and where the connection is to a live server). It is therefore impossible for anyone outside the broker, including MT4i, to be 100% certain whether an account is demo or real. You accept that MT4i can only therefore use the phrase Verification subject to this limitation and MT4i cannot and does not warrant the completeness or accuracy of the Information or its usefulness for any particular purpose including where such Information is classified by MT4i as ‘Verified’.
As part of the Verification of trading record process referred to in Clause 8 above, you will be asked to submit your trading account Investor Read Only Password to MT4i. You acknowledge that Investor Read Only Passwords are sensitive information and that it is technically possible for holders of your Investor Read Only Password to copy the trades on your account without your knowledge. MT4i will hold your Investor Read Only Password in accordance with its Privacy Policy but cannot be responsible for any loss you may suffer should you give your Investor Read Only Password to third parties. Similarly should you submit your Master Account Password instead of your Investor Read Only Password in error, whilst MT4i will also hold this data in accordance with its Privacy Policy, MT4i cannot be held responsible for any loss you may suffer including should you give your Master Account Password to third parties.
Except as expressly provided in this Agreement, the Information on this Website is the property of MT4i and is protected by UK and international copyright laws. Any copying, distribution, storage or transmission of any kind, or any sort of commercial use of the Information is strictly prohibited without MT4i's prior written permission.
You hold the copyright in anything that you post or upload to the Website. Please note, however, that when you post or upload any information (including but not limited to the design, layout, look, appearance, graphics software and any information or materials provided by you), you expressly grant MT4i a royalty-free, non-exclusive license to use, edit, alter, adapt, translate, copy, publish, continue to publish or republish the submission (and/or an edited, adapted or translated version of it or part of it) ('the Work') and/or to sell or otherwise communicate or distribute the Work, as part of an edited compilation or in any other way howsoever. The license is capable of sub-license, unlimited in the use to which MT4i may put the Work and exists whether or not you remain a registered user. MT4i will credit you (under your user name (either the one existing at the time of the post or otherwise) as the author in any use of your material. By posting or uploading Information to the website you warrant that you have the right to grant MT4i the non-exclusive copyright license described
Unauthorized access of this Website is a breach of MT4i’s Terms and a violation of the law. You agree not to access this Website by any means other than the interfaces MT4i provides for use in accessing them.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of any data that results from the download of any such material. If you are in doubt, please consult an appropriate professional.
MT4i reserves the right to, and may, terminate or temporarily suspend your access to all or any part of the Website, without notice, for conduct that MT4i believes violates MT4i’s Terms or for any other reason in its sole discretion. MT4i will bear no responsibility or liability from such action.
You agree to use the Website in a lawful and civil manner. You may not use, or allow others to use your MT4i registration to:
1. Post or transmit Information that is intentionally false or misleading, or use such Information to encourage others to buy or sell software, goods or services or manipulate the market for any security, or engage in any type of market abuse
2. Offer, sell, or buy any security
3. Violate any applicable laws, rules or regulations, including those of the Financial Services Authority and the national or other securities exchanges
4. Post or transmit any Information that is disruptive, uncivil, abusive, vulgar, obscene, hateful, fraudulent, threatening, unlawful, harassing, defamatory, or which discloses private or personal matters concerning any person
5. Post or transmit any Information that you do not have a right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary obligations (as in nondisclosure agreements)
6. Post, transmit, or link to sexually explicit material
7. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
8. Post or transmit any advertising, promotional materials, or other forms of solicitation including chain letters or pyramid schemes
9. Collect or store Personal Data about other users
10. Post or transmit any file that contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer or MT4i systems
11. Forge headers or manipulate identifiers or other data in order to disguise the origin of any Information transmitted through this Website or to manipulate your presence on this Website
12. Use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of this Website
13. Take any action that imposes an unreasonably or disproportionately large load on the infrastructure of this Website
14. Send unsolicited e mail or other communications containing links to the Information or this Website
15. Take any action that damages or disrupts the functioning of MT4i’s systems or Services
While MT4i can't review all transmissions by its users, MT4i reserves the right to monitor any information transmitted or received through its Website. MT4i, at its sole discretion and without prior notice, may at any time review, remove, or otherwise block any post or transmission or terminate your membership for violating the above provisions or otherwise taking any action considered disruptive to the MT4i's service or operations.
You agree to indemnify, defend, and hold harmless MT4i from and against any claim, liability, cost, damage or loss MT4i may incur (including, without limitation, attorneys' fees) as a result of any Information you post or upload to this Website or any violation by you of your obligations under MT4i’s Terms or your infringement, or infringement by any other user of your account, of any intellectual property or any other rights of anyone.
MT4i makes no promises, representations or warranties, express or implied, whatever including, without limitation, that the Information is accurate or fit for any particular purpose or that the Information, the Website or any related service will be delivered to you in an uninterrupted, timely, secure or error-free manner or that MT4i’s servers will remain free from attack or that such servers are free from any viruses or other harmful components. To the fullest extent permitted by law, MT4i disclaims all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, as to the Website, the Information and any and all related products and services offered on or in connection with the Website. Neither MT4i, nor any of MT4i’s respective licensors, licensees, service providers or suppliers, warrants that the Website or any function contained on the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the servers that make the Website available are free from viruses or other harmful components. MT4i does not warrant or make any representations regarding the use or the results of the use of the Website or Information or any third-party site accessed through the Website in terms of their correctness, accuracy, timeliness, reliability, or otherwise and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any Information or any such product, offering, content or material. Please note that no advice or Information obtained by you from MT4i’s personnel or through this Website shall create any warranty not expressly provided for in MT4i’s Terms. You are responsible for validating the integrity of any Information received over the internet. These disclaimers apply to the fullest extent permitted by law.
You expressly understand and agree that, to the fullest extent permitted by the law, MT4i shall not be liable for any type of loss or injury including, without limitation:
1. Any direct, indirect, consequential, or incidental loss or injury including any damages, liability, claims, expenses and costs any lost profits, lost savings or any special, punitive or other damages whatsoever, including, without limitation, damages for loss of business profits (whether direct or indirect), loss of contracts, business interruption, loss of business information, costs associated with recreating lost data, the cost of any substitute program, goodwill, anticipated savings, data or other intangible loss or any pecuniary loss of any nature arising out of this Agreement or the use of or inability to use the Website or the Information, whether resulting from impaired or lost data, or any other cause, even if MT4i has been advised of the possibility of such damages, resulting from your use or downloading of any Information or from any decisions you may make based upon such Information. This includes, but is not limited to, loss or injury caused in whole or in part by MT4i’s negligence or by contingencies beyond MT4i’s control in creating or delivering any portion of the Information
2. Your ability or inability to use the Website or access any Information
3. Unauthorised access to or alteration of your transmissions or data to the Website
4. Unauthorised access to or use of your subscription to the Website
5. Statements, claims or conduct of any third party on the Website
6. Any other matter relating to the Website or related or linked websites
In no event shall the aggregate liability of MT4i, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Website, the Information or any subscriptions exceed any monies, if any, paid by you directly to MT4i in connection with your use of the Website or Information.
Nothing in MT4i’s Terms excludes or limits MT4i’s liability for death or personal injury caused by its proven negligence.
Any notice from MT4i to you will be delivered by e-mail you at your last known address. Evidence of sending the e mail shall be taken as evidence of delivery. This Agreement shall be governed by the laws of England and Wales as if the Agreement was a contract wholly entered into and wholly performed within England and Wales All disputes arising from or in connection with this agreement shall be subject to the non-exclusive jurisdiction of the English Courts. If any term of this agreement is held to be illegal or unenforceable the validity and enforceability of the remainder shall continue in full force and effect. The provision in question shall be replaced by a valid and enforceable term which corresponds, so far as possible, with the original. Failure by either party to exercise any right or remedy under this agreement does not constitute a waiver of that right or remedy. All disclaimers, indemnities and exclusions in this agreement shall survive termination of this Agreement. Neither you nor MT4i shall be held liable for any loss or failure to perform any obligation hereunder due to causes beyond your or MT4i’s respective reasonable control. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with any applicable local laws.