Please read this carefully. This is a legal agreement (“Agreement”) between you (“customer”) and Vieira Trading FZE (“Licensor”). By ordering or subscribing to licensor products or services, the customer is agreeing to be legally bound by the terms of this Agreement. This Agreement includes, as part of it, all other agreements, disclaimer and terms of service which are available online before registration, except as noted in the last two sentences of this paragraph (collectively the “Other Terms and Conditions”). The customer agrees that this Agreement (including those Other Terms and Conditions) has the binding legal force and effect of a contract signed in ink and delivered in person. If there is any conflict between this Agreement and the Other Terms and Conditions, this Agreement shall govern. You represent that you are at least 18 years old. If you are not 18 years old, you may not access or use Licensor products and services and information.
(a) The Licensor grants to the customer a nonexclusive license to access the information included in the Subscription, for your own personal use during the period of your subscription. The information included in your subscription (the “Information”) can be accessed on a single computer terminal as a desktop and one mobile device. In case the information is being accessed through a network each person having access to the information must have a separate license. The customer is entitled to use one email address and one username for registration only. In licensing the information on a monthly, annual or other periodic basis, under a subscription, lease or similar arrangement (the “Subscription”), your right to access the Information, unless renewed, terminates at the expiration of your Subscription, and may be terminated by Licensor immediately if you fail to make any required payment or violate any of your other agreements with Licensor. This Agreement and the license granted may not be transferred, assigned, leased, shared, rented, sub licensed or otherwise transferred by the customer. In no event shall you for, or in connection with any unlawful purpose use the Information.
(b) The customer is granted access to Licensor information according to a ‘pay-per-view’ model where the customer is granted the right to access the Information for a given period of time and according to specific features described online for a corresponding fee. The customer is not allowed to copy, store, transfer, share, and photograph or to reproduce Licensor Information exclusive property of the Licensor. The customer cannot state or imply that Licensor endorses you, your company or any other part, that the use of the information will guarantee profits, increased profits or minimization of losses. Licensor may terminate this license at any time, for any reason, upon notice to you of such termination. IN NO EVENT MAY ANY OF THE INFORMATION BE DISSEMINATED FOR EXTERNAL USE.
(c) The customer is granted access to the information by using a username, password or email invitation (the “Password”). Usernames, passwords, or web links used to access to the information shall be kept private, confidential, and cannot be shared with anyone else. The customer cannot allow anyone else to use the rights to use of the information. The customer agrees that, in addition to providing your unique password, Licensor may implement technical measures that enable the verification of your compliance with the terms of this Agreement. As such it may be required to install software to access Licensor Information. Before ordering or subscribing to a service, the customer shall verify whether he has the appropriate means to access to Licensor information including but not limited to hardware and Internet connection.
(d) The customer agrees to (i) provide accurate, current and complete information about him as prompted by Licensor registration process, and (ii) to update this information maintaining it accurate, current and complete. The customer may update his registration data on Licensor web site, or using an online form. The Licensor may request to the customer to provide support documentation of non-professional status eligibility.
(e) The license granted to the customer may be terminated by the Licensor with or without notice to the customer if this violates, or do not observe any of the terms, conditions or provisions of this Agreement
The Information contained on the license has been assembled, formatted and supplied by Licensor, and is being offered pursuant to this agreement. The Information was developed, compiled, prepared, revised, selected and arranged by Licensor through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money, constitute confidential and valuable industrial property and trade secrets, and are protected by copyright laws and international treaty provisions as well as other intellectual property laws and treaties. Licensor owns copyrights in and to the Information and any accompanying materials. The customer shall not duplicate, store, reproduce, publish, retransmit or redistribute the Information, as otherwise specifically permitted by this Agreement. The customer may not directly or indirectly offer or transmit all or any portion of the information to third parties whether by way of subscription, license, sale or otherwise. You may not modify, translate, reverse engineer, de-compile or disassemble the Information.
To the extent, if any, that Licensor has agreed to pay customer fees, these provisions will not apply to you.
(a) In exchange for the Information the customer agrees to pay all applicable fees as displayed in Licensor web site, or otherwise made available to you. Products or services shall not be delivered to the customer until Licensor has received full, non-conditional payment of all applicable fees, including if applicable credit card payment verification, approval and clearance. Any and all applicable sales or use taxes (that are not expressly included in product price) shall be customer responsibility and paid by him in full and on a timely basis. In case of payments by wire transfer the customer assumes bank commissions.
(b) Cancellations and modifications: complete details regarding Licensor refund policy including cancellations and modifications it is available on Licensor web site under Refund Policy.
(c) Payment by Credit Card: this form of payment is not available for all services and it is limited to a specific amount. The Licensor does not store your credit card information. If Licensor offers to the customer the possibility of paying by credit card an extra fee corresponding to 3.5% shall be added to the total price of the service. The customer is given the option to pay by other forms to avoid extra charges namely by wire transfer.
(d) Overdue Payments: in certain cases the customer is granted the possibility of paying by installments, a specific amount per year, during the term of the contract, often up to three years. In case of failing a payment in due time, the customer will have to (i) pay immediately an extra charge corresponding to twenty percent of the total remaining amount until contract expiration at the current list price of the service without any discount; (ii) if the customer does not pay the total overdue amount within ninety days an additional accumulated charge of 28% shall be immediately applied; (iii) the customer will have to pay all remaining fees until contract expiration and the Licensor will terminate the contract with the customer; (iv) these conditions are applied even if the customer benefited from a special discount with one of Licensor’s partners; (v) the total amount will have to be paid to the Licensor. Furthermore, the Licensor has the right to recover from customer all expenses incurred in connection with collecting overdue amounts, including, but not limited to reasonable costs and attorney’s fees.
Example: Customer subscribes to service XYZ on July 5th, 2015, accepting an annual payment of $50,000 per year during three years. The customer fails to make the payment on July 5th, 2016. The price of the service XYZ on July 2016 is $75,000 per year.
Immediate charges incurred by the customer on July 6th, 2016: $50,000 for the second year plus $50,000 for the third year. To this amount it shall be added 20% of $150,000 which is $30,000. Total due payment on July 6th, 2016 is $130,000. However, if client continues not paying within the first ninety days since July 5th, 2016 in this example, the total amount will be $130,000 plus $42,000 (28% of $150,000) which equals a total of $172,000 on October 6th 2016. The total amount must be paid to the Licensor and not to any of its partners.
(a) Citizens or residents of the following countries are forbidden to order any product or service from the Licensor. Iran, North Korea, Iraq, Nigeria, Yemen, Algeria, Ethiopia, Israel, Syria, Ecuador, Sao Tome and Principe, Angola, Tanzania, Ghana, Panama, Bahamas, Cayman Islands, Cook Islands, Romania, Ukraine and Guatemala.
(b) If the Licensor finds out that the customer provided false information about his citizenship or residence the license to use the information will be immediately terminated and no refund will be given.
As a condition of being approved as a Non-professional, customer represents and agrees that the following statements are and will continue to be true for so long as customer receives Information as a Non-professional.
(a) Customer is entering into this Agreement in your own individual capacity and not on the behalf of a firm, corporation, partnership, trust, or association.
(b) Customer shall use the information solely in connection with your own individual account activities and not in connection with any trade or business activities. The customer is not allowed to use Licensor information to trade in the financial markets on behalf of any other individual or company.
(c) You shall not furnish the information or service(s) received to any other person.
(d) You are not a securities broker-dealer, investment advisor, fund manager, futures commission merchant, commodities introducing broker or commodity trading advisor, registered representative of any of the foregoing, member of a securities exchange or association or futures contract market, or an owner, partner or associated person of any of the foregoing.
(e) You are not employed by a bank or an insurance company or an affiliate of either, or any other organization which performs business functions related to securities or commodity futures investment or trading activity.
If any of the foregoing statements does not apply to the customer then the Licensor considers customer status, as Professional or “Pro” and you must register as such. The Licenser practices a different pricing to Professionals. The customer agrees that if his status with respect to any of the foregoing statements is affected or changed in any way, shall immediately notify Licensor in writing of such change of status. In addition to other remedies available to Licensor, the customer shall be liable before Licensor for the payment of a penalty equal to $2,500,000 (two million and five hundred thousand US dollars) for the misuse of Licensor information as a Non-Professional, plus any additional applicable penalties TO THE MAXIMUM EXTENT PERMITTED BY LAW. Customer acknowledges and agrees the Licensor may examine customer registration and biographical data.
If any of the Licensor Suppliers furnishing data ceases to furnish it in a manner which is compatible with the Information or any receipt/transmission equipment software, Licensor may terminate the inclusion and delivery in the Subscription of as much Information as IS affected, without advance notice, without incurring any liability to the customer, and without any change to any of your payment or other obligations Further, the Information (which, among other things, determines the content of your subscription, if not all, of the Subscription’s features) may be modified or replaced from time to time, in whole or in part, without any notice, and without incurring any liability to the customer, and without any change to any customer payments or other obligations
TO THE MAXIMUM EXTENT PERMITTED BY LAW LICENSOR AND THEIR RESPECTIVE SUPPLIERS AND AFFILIATES DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE OR PURPOSE.
IN NO EVENT SHALL LICENSOR OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE OR THE INFORMATION, OR ANY ERRORS IN THE SOFTWARE OR THE INFORMATION, EVEN IF LICENSOR OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF THE LAW IN AN EMIRATE DOES NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE LIMITATION MAY NOT APPLY TO CUSTOMER. ALL SOFTWARE AND DATA PRODUCTS AND SERVICES CONTAIN SOME ERRORS AND INACCURACIES, INCLUDING THE SUBSCRIPTION INFORMATION, DATA AND SOFTWARE. CUSTOMER ACKNOWLEDGES THIS ASSUMING ALL RISKS AND CONSEQUENCES RELATED TO DATA AND SOFTWARE ERRORS AND INFORMATION INACCURACIES OR INCOMPLETENESS. CUSTOMER AGREES THAT EVEN THOUGH THE SOFTWARE AND DATA SUPPLIERS ARE GRANTED RIGHTS AND PROTECTIONS UNDER THIS AGREEMENT, SUPPLIERS ARE NOT PARTIES TO THIS AGREEMENT AND NO RIGHTS ARE BEING CREATED IN CUSTOMER FAVOR THAT MAY BE ENFORCED BY CUSTOMER AGAINST ANY SUPPLIER. IF ANY OF THE DISCLAIMERS OF LIABILITY IN THIS AGREEMENT ARE FOR ANY REASON DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION, CUSTOMER AGREES THAT THE MAXIMUM COLLECTIVE LIABILITY OF LICENSOR AND SUPPLIERS TO CUSTOMER RELATING TO ANY CLAIM CUSTOMER MAY HAVE IN ANY MANNER RELATING TO HIS SUBSCRIPTION, THE SOFTWARE, DATA OR INFORMATION, OR THE USE, CONDITION, OPERATION, EFFECTIVENESS OR QUALITY THEREOF, WHETHER BASED IN CONTRACT, TORT, EQUITY OR ON OTHER GROUNDS OR THEORIES, AND REGARDLESS OF THE CIRCUMSTANCES, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY CUSTOMER TO LICENSOR FOR THE SUBSCRIPTION FOR THE MOST RECENT MONTH AT THE TIME THE LIABILITY ARISES. THIS APPLIES FOR MONTHLY, ANNUAL OR ANY OTHER PERIODICAL SUBSCRIPTION WHERE A MAXIMUM LIMIT OF ONE (1) MONTH IS APPLIED AT THE TIME THE LIABILITY ARISES.
NO WARRANTY ON DATA; OTHER TERMS REGARDING DATA. ALL INFORMATION, HEREIN REFERRED TO ‘DATA’ IS PROVIDED “AS IS.” LICENSOR DATA IS DERIVED FROM SOURCES WHICH LICENSOR AND DATA SUPPLIERS DEEM USUALLY RELIABLE. BUT NEITHER LICENSOR NOR DATA SUPPLIERS OR THEIR RESPECTIVE SUPPLIERS OR AFFILIATES GUARANTEE THE CORRECTNESS OR COMPLETENESS OF THE DATA, AND HEREBY INFORM CUSTOMER THOSE INTERRUPTIONS, INACCURACIES, ERRORS AND OMISSIONS DO AND WILL FROM TIME TO TIME OCCUR. NEITHER LICENSOR NOR DATA SUPPLIERS OR ANY OF THEIR RESPECTIVE SUPPLIERS OR AFFILIATES SHALL HAVE ANY LIABILITY WHATEVER FOR ANY INTERRUPTIONS, INACCURACIES, ERRORS OR OMISSIONS, REGARDLESS OF CAUSE, OR ANY LOSSES YOU INCUR AS A RESULT THEREOF. Furthermore, customer agrees on his right to receive all or a portion of the Information is subject to termination to the extent that Licensor’s agreements with any of the Data Suppliers terminate for any reason, or any Data Supplier refuses or is unable, for whatever reason, to continue to supply Data to Licensor (in whole or in part), If that occurs, it may occur without notice, and in no event shall result in any liability to Licensor or any of the Data Suppliers or any of their respective affiliates, or change any of your payment obligations.
CUSTOMER FULLY ASSUMES THE RISK THAT ERRORS OR INACCURACIES IN THE SOFTWARE AND/OR THE INFORMATION MAY RESULT IN CUSTOMER REACHING CONCLUSIONS THAT CUSTOMER MIGHT NOT OR WOULD NOT HAVE REACHED HAD SUCH ERRORS AND/OR INACCURACIES NOT BEEN PRESENT FURTHER, AS BETWEEN LICENSOR AND CUSTOMER, SOLELY CUSTOMER FULLY ASSUMES THE RISK THAT SOFTWARE AND DATA ERRORS MAY CAUSE FAILURES IN THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET OR OTHER CHANNELS, OR INACCURACIES IN INFORMATION BEING SO TRANSMITTED, CUSTOMER AGREES THAT NEITHER LICENSOR OR ITS AFFILIATES NOR DATA SUPPLIERS OR THEIR AFFILIATES, SHALL HAVE ANY LIABILITY WHATEVER FOR ANY CONSEQUENCES OF SUCH ERRORS, INACCURACIES OR FAILURES. Licensor information contains mere opinions and none of the information contained therein constitutes a recommendation by the Licensor that any particular security, portfolio of securities, transaction, or investment strategy is suitable for any specific person. You further understand the Licensor will not advise the customer concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in Licensor information may be deemed to be investment advice, such information is impersonal and not tailored to the investment needs of any specific person. The Licensor past results are not necessarily indicative of future performance. Licensor does not offer personalized investment advice to the customer. Licensor shall not be responsible for any loss arising from any investment based on any recommendation, forecast or other information contained in any sort of information provided by the Licensor
You shall indemnify and hold harmless Licensor and each of its suppliers, and respective directors, officers, employees and affiliates from and against any claim, damages, loss, liability, cost and/or expense (including, but not limited to, reasonable attorneys’ fees and costs, before and at any trial or other proceeding, at all tribunal levels, and whether or not any suit is instituted) that directly or indirectly arise from or are caused by
(a) Any customer misuse of any of the Software and/or any of the Information,
(b) Any breach or violation by customer of any term or provision of this Agreement or any other agreement customer made in connection with his registration for the Subscription,
(c) Any violation of any kind by customer, or on customer’s behalf, of the legal or contractual rights of any third party (including Licensor and each Supplier and their respective affiliates), including, but not limited to, violation of any such third party’s patent, copyright, trademark, service mark, trade secret or other intellectual property rights, and/or
(d) Any false or misleading information provided by customer to Licensor, any of the Suppliers, and/or affiliates as well as modification of Licensor information by the customer.
(a) The price paid by the customer is solely related to his access for a specific time to Licensor Information according to the subscription features described on Licensor web site, and not to other products or services. All support services, including technical support and other services and benefits that may be made available from time to time by Licensor or an affiliate through its Web site(s) or otherwise, and the terms and conditions upon which they are made available (including pricing), may be modified at any time and from time to time by Licensor or its affiliate with or without notice
(b) The customer is fully responsible to determine which of Licensor services or products is appropriate for his needs being also responsible for the investigation of what is and what is not included in the product or service the customer is ordering from the Licensor.
The performance by Licensor and each of its Suppliers of this Agreement including delivering availability and use of any Software, or the Information pursuant to your Subscription, shall be excused (without creating liability of any kind to Licensor or any Supplier) in the event and to the extent that any war, union strike, hostility, civil disorder, fire, tornado, wind storm, earthquake, power failure, explosion, failure of communications system (or part thereof) or any other third-party failure, or any other act, event or circumstance beyond the reasonable control of Licensor or such Supplier (as applicable), renders such performance, in whole or in part, impossible or difficult to accomplish.
If any provision of this Agreement is held to be invalid void or unenforceable by reason of any law, rule, administrative order or judicial decision, that determination shall not affect the validity of the remaining provisions of this Agreement.
Except as specifically permitted in this Agreement, no provision of this Agreement can be, nor be deemed to be, waived, altered, modified or amended unless agreed to in writing signed by an authorized officer of Licensor (Vice President or higher).
This Agreement contains the entire understanding between the customer and Licensor concerning the subject matter of this Agreement except if there is an addendum to this Agreement expressly requiring customer signature. The customer may not assign any of his rights or delegate any of his obligations hereunder without first obtaining the prior written consent of Licensor.
This Agreement shall be deemed to have been made in the United Arab Emirates (UAE) and shall be construed, and the rights and liabilities of the parties determined, in accordance with the laws of the United Arab Emirates. Venue for any dispute involving or relating to customer subscription shall be proper only in the UAE, except if waived by Licensor in writing in its sole and absolute discretion, and except that any dispute between the customer and any Supplier (which does not include Licensor) shall be proper only in the country where the principal executive office of such Supplier is located.
Investments involve risks, including possible loss of principal and other losses. Information is provided for training purposes ONLY helping one to acquire an understanding of the financial markets. Trading results based upon hypothetical or historically tested trading strategies or systems do not necessarily compare to results of actual trading. No hypothetical or historical trading record can account for the level of risk present in actual trading. Numerous factors relating to market conditions, the existence or nonexistence of specific events or circumstances, human error, human/emotional reaction to losses during actual trading, inherent limitations of certain hypothetical or historically can account for these differences. Also, customer should be aware that certain commonly used trading “jargon,” including trading terms, such as, for example, a “limited risk” position, should not be taken literally. Licensor assumes no responsibility for customer investing decisions. Licensor does not make any claims, promises, or guarantees that any suggestions, systems, trading strategies, or information will result in a profit, loss, or any other desired result. Customer assumes all risk, including but not limited to the risk of losses. Vieira Trading and stockmarketLIVE.TV are registered or unregistered trademarks or service marks of Licensor. In certain cases, registrations may be pending. The Information and their descriptions may also contain other trademarks of Licensor or its affiliates as registered and unregistered trademarks and service marks of Suppliers, and trademarks, service marks and trade names of other companies.
YOU AS APPLICANT OR CUSTOMER HEREBY AGREE TO ACCEPT NOTICE OF ANY CHANGE MADE TO THIS AGREEMENT BY THE POSTING OF SUCH INFORMATION ON THE SITE OR BY EMAIL, AS DETERMINED BY LICENSOR IN ITS SOLE DISCRETION.
I, the “customer” as applicant or subscriber to Licensor information to which the preceding terms and conditions, that I understand them and that I hereby manifest my assent to, and my agreement to comply with, those terms and conditions including privacy statement, refund policy and disclaimers available at the Licensor’s web site, by submitting an order, or “clicking” on a box during online checkout.