Terms of Use - FX Empire

Last Revised: September 06, 2018

Empire Media Network LTD. (“FX Empire“, “we“, “our“) welcomes you (the “User/s“, or “you“) to our website. FX Empire provides readers with information on the international financial markets (the “Service” as further detailed below). You may use the Service and/or the Site in accordance with the terms and conditions herein.

The terms and conditions herein govern your use of our website at https://www.fxempire.com and/or any other domain which we may operate from time to time (the “Site“).

INFORMATION ON THE SITE IS NOT, AND SHOULD NOT BE READ AS, FINANCIAL ADVICE OR RECOMMENDATION, NOR DOES IT CONSIDER YOUR PERSONAL CIRCUMSTANCES OR NEEDS.

Acceptance of the Terms

By entering to, connecting to, accessing or using the Site and/or Services (as defined below) you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms“), you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and/or Services, and you acknowledge that these terms constitute a binding and enforceable legal contract between FX Empire and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE AND/OR SERVICES.

Site and Services

FX Empire is a network of news desks and analysis departments that follow the international markets closely and create high-quality proprietary content on a daily basis. FX Empire analysis team creates daily and weekly, text and video based, analysis and offers forecasts regarding where they believe the markets are heading. Our readers are provided with data displayed both in texts, on graphs, and in video providing them the information about what is happening in the financial markets.

NOTE THAT THE FORECASTS AND ANALYSIS THAT FX EMPIRE PROVIDES THROUGH OUR SITE DO NOT NECESSARILY TAKE INTO ACCOUNT ALL PARAMETERS THAT SHOULD BE CONSIDERED WHEN MAKING FINANCIAL DECISIONS. BE AWARE THAT THERE ARE VARIOUS ADDITIONAL PARAMETERS THAT SHOULD BE TAKEN INTO ACCOUNT BEFORE MAKING ANY FINANCIAL DECISIONS (SUCH AS WITH RESPECT TO RISK TOLERANCE, INVESTMENT OBJECTIVES, INVESTMENT HORIZON, MARKET CONDITIONS, ETC.). YOU SHOULD MAKE ALL FINANCIAL AND/OR TAX DECISIONS ON THE BASIS OF PROFESSIONAL AND AUTHORIZED ADVICE FROM A LICENSED FINANCIAL ADVISOR, WHO IS FULLY AWARE OF YOUR INDIVIDUAL CIRCUMSTANCES.

The content on the Site, including any information, materials and data available on the Site and/or the add-on, including any forecasts, analysis or other financial information published by the Service and including certain information which is proprietary of FX Empire (collectively, the “Content“), is made available for non-professional use. The information provided by the Service is intrinsically fluctuant and may be inaccurate, incomplete or outdated. FX EMPIRE NOR ANY OF ITS SERVICE PROVIDERS PROVIDE ANY WARRANTIES TO THE CREDIBILITY, ACCURACY, COMPLETENESS OR RELIABILITY OF SUCH INFORMATION.

The Content may include promotional information and advertisement, and FX Empire may receive compensation from third parties in connection with the Content.

The Site may include links or gateways to websites operated by third parties, which are not under FX Empire’s control. Your use of any such websites will not be subject to the Terms, and you should carefully review the applicable terms, conditions, and policies applicable to any such website before making any use thereof. FX Empire does not assume any responsibility or liability in connection with your use of any such website.

Permitted Uses

FX Empire authorizes Users of the Site and/or Service to use Content provided by our Service. The Content may be used to supplement, not substitute for, independent professional advice, and your financial decision making. You are solely and fully responsible for considering the risks and benefits of trading in financial instruments.

You may not modify, reproduce, display, perform, distribute, prepare derivative works from, or otherwise use the Content without written approval or in ways not expressly permitted by these Terms.

Use Restrictions

There are certain conducts which are strictly prohibited on the Site. Please read the following restrictions carefully. Your failure to comply with the provisions set forth may result (at FX Empire’s sole discretion) in the termination of your access to the Site and may also expose you to civil and/or criminal liability.

You may not, whether by yourself or anyone on your behalf: (i) copy, modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content at this Site and/or the Service, including without limitation any Java applets associated with the Service, in any way or publicly display, perform, or distribute them; (ii) make any use of the Content on any other website or networked computer environment for any purpose, or replicate or copy the Content without FX Empire’s prior written consent; (iii) create a browser or border environment around FX Empire Content (no frames or inline linking); (iv) interfere with or violate any other Site visitor’s or user’s right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of this Site without their express consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with this Site any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of this Site, or the servers or networks that host this Site or make this Site available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Content or this Site; (ix) frame or mirror any part of this Site without FX Empire’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Content from this Site; (xi) forward any data generated from this Site without the prior written consent of FX Empire; or (xii) use the Site, the Service, the Content for non-personal or commercial purposes without FX Empire’s express prior written consent; or (xv) infringe or violate any of the Terms.

Privacy Policy

FX Empire respects your privacy and is committed to protecting the information you share with us. FX Empire believes that you have a right to know our practices regarding the information FX Empire collects when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy. FX Empire uses services such as Remarketing with Google Analytics and Google Display Network Impression Reporting in order to track user activity and may use such information to provide a more personalized experience on its websites and in its advertisements.

Widgets

We may from time to time provide certain ‘widgets’ containing financial and other information, to be available for download and use outside of the Site (the “Widgets”), as can be seen on www.fxempire.com/widgets. You may use the Widgets for your personal purposes, provided that due credit is given to FX Empire when presented to any third party, and that no modification, alteration or reverse engineering is employed to the Widgets. Any use of the Widgets shall be subject to the Terms at all times, and any reference therein to the Services and/or the Content (as applicable) shall include by reference the Widgets.

Intellectual Property Rights

The Site, the Service, the Content, FX Empire’s proprietary analysis and any and all intellectual property rights pertaining thereto, including, but not limited to, inventions, patents and patent applications, trademarks, trade names, logos, copyrightable materials, graphics, text, images, designs (including the “look and feel” of the Site), specifications, methods, procedures, information, know-how, algorithms, data, technical data, interactive features, source and object code, files, interface and trade secrets, whether or not registered or capable of being registered (collectively, “Intellectual Property“), are owned and/or licensed by FX Empire and/or any of its service providers, and subject to copyright and other applicable intellectual property rights under applicable laws and international conventions. You may not copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to FX Empire’s proprietary rights including but not limited to, any Java applets associated with the service, including FX Empire’s Intellectual Property, either by yourself or by anyone on your behalf, in any way or by any means, unless expressly permitted in the Terms.

You are hereby prohibited from removing or deleting any and all copyright notices, restrictions and signs indicating proprietary rights of FX Empire or its licensors, including copyright mark [©] or trademark [® or ™] contained in or accompanying the Content, and you represent and warrant that you will abide by all applicable laws in this respect.

Availability

The Site and/or Service availability and functionality depend on various factors, such as communication networks. FX Empire does not warrant or guarantee that the Site and/or Service will operate and/or be available at all times without disruption or interruption, or that it will be error-free.

Changes to the Site and/or Service

FX Empire reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site and/or Service (or any part thereof) without notice, at any time. In addition, you hereby acknowledge that the Content provided under this Site may be changed, extended in terms of content and form or removed at any time without any notice to you. You agree that FX Empire shall not be liable to you or to any third party for any modification, suspension, or discontinuance of this Site, the Service or the Content included in this Site.

Disclaimer and Warranties

THE SITE AND/OR SERVICE, INCLUDING WITHOUT LIMITATION ANY CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. FX EMPIRE AND ITS SERVICE PROVIDERS DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE SITE AND/OR SERVICE (INCLUDING THE RESULTS RELATED TO OPTIMAL FEES) NOR DOES IT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF ANY CONTENT FEATURED ON THE SITE.

IT IS HEREBY MADE CLEAR THAT IF THE CONTENT INCLUDES INFORMATION REGARDING PAST PERFORMANCE OF THE FINANCIAL PRODUCTS, SUCH INFORMATION IS NO GUARANTEE FOR FUTURE PERFORMANCE.

FX EMPIRE AND ITS SERVICE PROVIDERS DO NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY OR LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT, AND ALL INFORMATION WHICH IS DERIVED FROM THE USE OF THE SITE AND/OR SERVICE, NOR DOES FX EMPIRE AND ITS SERVICE PROVIDERS ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH THE USE OF THE SITE AND/OR SERVICE, OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT, THE SITE AND ANY AND ALL INFORMATION WHICH IS DERIVED FROM THE USE OF THE SITE AND/OR SERVICE.

FX EMPIRE AND ITS SERVICE PROVIDERS DO NOT WARRANT THAT THE OPERATION OF THE SITE IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

YOU AGREE AND ACKNOWLEDGE THAT YOU HAVE THE SOLE AND ULTIMATE RESPONSIBILITY FOR DECISIONS (INCLUDING BUT NOT LIMITED TO ANY FINANCIAL AND/OR TAX DECISIONS) OR ACTIONS TAKEN AS A RESULT, THROUGH, IN CONJUNCTION WITH, OR BY THE USE IN ANY WAY, OF THE SITE AND/OR SERVICE (INCLUDING BUT NOT LIMITED TO THE CONTENT). YOUR USE OF THE SITE AND/OR SERVICE AND/OR THE CONTENT IS ENTIRELY AT YOUR OWN RISK.

Limitation of Liability

IN NO EVENT SHALL FX EMPIRE OR ITS SERVICE PROVIDERS, INCLUDING THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBCONTRACTORS, AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF YOUR USE OF THE SITE AND/OR SERVICE AND/OR THE CONTENT, ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT AND ANY AND ALL INFORMATION WHICH DERIVES FROM THE USE OF THE SITE AND/OR SERVICE, FAILURE OF THE SITE AND/OR SERVICE TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF FX EMPIRE OR ITS SERVICE PROVIDERS TO PERFORM UNDER THESE TERMS, ANY OTHER ACT OR OMISSION OF FX EMPIRE OR ITS SERVICE PROVIDERS BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER FX EMPIRE OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification

You agree to defend, indemnify and hold harmless FX Empire and its service providers, including their officers, directors, shareholders, employees, subcontractors and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site and/or Service; (ii) your violation of any term of these Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site and/or Service (including your violation of any third party rights); and (iv) any claims for financial or other kind of damages arising out of any decision made or action taken or not taken in reliance on the use of the Site and/or Services (including but not limited to the use of the Content and results related to optimal fees).

You agree that FX Empire’s service providers and other entities mentioned in the above paragraph are third-party beneficiaries of the above provisions, with all rights to enforce such provisions as if they were a party to this Agreement

Amendments to the Terms

FX Empire may change the Terms from time to time, at its sole discretion and without any notice. All changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

Termination of Site’s operation

At any time, FX Empire may block your access to the Site and/or Service, temporarily or permanently limit, suspend or terminate your access, for any reason, at its sole discretion, in addition to any other remedies that may be available to FX Empire under any applicable law. Such actions by FX Empire may be taken if FX Empire deems that you have breached any of these Terms in any manner.

Additionally, FX Empire may at any time, at its sole discretion, cease the operation of The Site and/or Service or any part thereof, temporarily or permanently, without giving any prior notice. You agree and acknowledge that FX Empire does not assume any responsibility with respect to, or in connection with the termination of the Site and/or Service operation and loss of any data. The provisions of the Intellectual Property, Disclaimer and Warranties, Limitation of Liability, Indemnification and General sections, will survive the termination or expiration of the Terms.

General

These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. Any claim relating to this Site or use of this Site will be governed by and interpreted in accordance with the laws of the State of Israel, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of this Site will be brought in, and you hereby consent to exclusive jurisdiction and venue in, the competent courts of Tel-Aviv, Israel. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. To the fullest extent permitted by law, you hereby waive the right to participate in a class action lawsuit or a class-wide arbitration against FX Empire and/or its agents, employees, officers and service providers. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under these Terms without FX Empire’s prior express written consent. FX Empire may assign its rights and obligations hereunder, in whole or in part, to its successors, heirs, assignees, purchasers or merged entities. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. These Terms are the entire terms and conditions between you and FX Empire relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and FX Empire. Notices to you may be made via email or regular mail, to the addresses provided by you upon registration to the Site, and shall be considered lawfully delivered to you (whether or not you provide accurate, updated or genuine addresses). This Site may also provide notices of changes to these Terms or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

For information, questions or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are welcome to send FX Empire an email or otherwise contact FX Empire to the following address and FX Empire will make an effort to reply within a reasonable timeframe: info@fxempire.com

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