| Blue Systems Website Terms and Conditions |
These terms and conditions are entered into between you and Blue Systems (“BS”).
IMPORTANT NOTICE
Please read these terms and conditions very carefully www.bluesystems.info as they apply to your use of the Website (or any part), use of any Services (as defined below) provided and any correspondence between you and us. By continuing to access this Website or any Services, you confirm that you accept these terms and agree to be legally bound by them regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this Website.
1. Scope:
1.1 You may access the Website without registering your details with us. Certain areas of the Website and the Services to be provided by BS (or its affiliates) are only open to you if you register with us.
1.2 These Terms and Conditions apply to your access to and use of this Website, any part of its content and the Services. By continuing to access this Website, you shall be deemed to have accepted these Terms and Conditions in full. If you do not accept these Terms and Conditions in full (or any part of them), you must leave this Website straight away.
1.3 From time to time, BS may modify these Terms and Conditions and any other legal notice on this Website (at its sole discretion). You should therefore check the Website from time to time to review the then current terms and conditions and any other legal notice, because they will be binding on you. Your continued access of this Website or use of any part of this Website (including any linking to this Website) after any modifications have been posted will constitute acceptance of the modified terms and conditions and other legal notice. If you do not accept such modifications you must discontinue your use of the Website immediately.
2. License to use Website Content:
2.1 BS grants you a non-exclusive right to access and use the materials, information, content, products and graphics contained on this Website (together the Services). You may not copy, reproduce, decompile, disassemble, reverse engineer, modify, create derivative works from, transfer, transmit or otherwise dispose of or exploit any part of the Website or Services (or materials contained therein), save that you are allowed to print and download the information and materials contained within the Website or Services for your own personnel use and not for distribution, resale or transfer, in whole or in part, to any other person or entity nor for any commercial use or benefit.
2.2 You will, at all times, use the Website and Services (and materials contained therein) in compliance with all applicable laws and regulations and you will be responsible for obtaining and maintaining any necessary consents or licenses which you need to receive and use the same.
2.3 All copyright and other intellectual property rights in the Website and Services (including, without limitation, any graphical images or depictions of data and any trade marks or trade names contained therein) are owned by the BS or its licensors. You recognize and agree that the development and compilation of the Website and Services has involved significant time and expense on the part of BS and its licensors and that therefore the Website and Services constitute valuable intellectual property of BS and its licensors. For the purposes of these terms and conditions, any use of the Website or Services (in whole or in part) or the materials contained therein other than in accordance with clauses 2.1 and 2.2 for any purpose is prohibited. If you breach either of these clauses, your license to use this Website, Services and materials contained therein (and any copies of materials contained therein made pursuant to clause 2.1) automatically terminates and you must immediately destroy any downloaded or printed extracts or materials obtained from the Website or Services (and any copies).
2.4 Subject to clause 2.1, no part of the Website or Services (or materials contained therein) may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or used to construct any database without BS´s prior written consent.
2.5 You agree to comply with all reasonable requests or restrictions imposed on the access and use of the Website and Services by BS or any of its licensors.
2.6 Any rights not expressly granted in these terms are expressly reserved.
3. Access to Services:
3.1 While BS endeavours to ensure that the Website and Services are normally available 24 hours a day, BS shall not be liable if for any reason the Website or any Services are unavailable at any time or for any period.
3.2 Access to the Website or any Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond BS´s control.
4. User Conduct:
4.1 Other than personal information, which is covered under the BS Privacy Policy, any material you transmit or post to the Website or through a Service shall be considered non-confidential and non-proprietary. BS shall have no obligations with respect to such material or information. BS (or its nominees or affiliates) shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes without further recourse to you.
4.2 You are prohibited from posting or transmitting to or from the Website or through a Service (including by instant messaging) any material or data:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of this agreement, in breach of privacy or which may cause annoyance or inconvenience; or
(b) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
5. Links to and from Other Websites:
5.1 Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave this Website. BS has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. BS therefore does not endorse or make any representations about them, or any material or information found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk and cost.
5.2 You may NOT link to this Website unless you comply with this agreement generally and in particular this clause 5.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) You do not remove, distort or otherwise alter the size or appearance of the BS name and logo;
(b) You do not create a frame or any other browser or border environment around the Website;
(c) You do not in any way imply that BS is endorsing any products or services other than its own;
(d) You do not misrepresent your relationship with BS nor present any other false information about BS;
(e) You do not otherwise use any BS trademarks displayed on the Website without express written permission from BS;
(f) You do not link from a website that is not owned by you; and
(g) Your website does not contain content that is distasteful, defamatory, profane, obscene, indecent or otherwise offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
5.3 BS expressly reserves the right to revoke the right granted in clause 5.2 for breach of any of these clauses and to take any action it deems appropriate.
6. User Registration:
6.1 In order to obtain access to certain areas of the Website or Services you will be asked to register and provide registration details. You agree that any information provided to BS is accurate and will be kept up to date. You must be at least eighteen (18) years old to register. Upon registration, you will be asked to select a user name and password. You will ensure that you do not select any user name already in use by another person and that you do not use any user name or password which BS, in its sole discretion, may find offensive or otherwise inappropriate.
6.2 Each registration is for a single user only. BS does not permit you to share your user name and password with any other person nor with multiple users on any network. You must keep your password confidential and not allow any third party to use your user name and password to access the Website or any Service. In the event that you become aware of any unauthorized use or suspect any unauthorized use or other breach of security, you must notify BS straight away at their contact e-mail address. You agree to co-operate fully with BS in any security investigations.
6.3 You are solely responsible for any use or other activity in relation to your BS account including, for the avoidance of doubt, use by any third party authorized by you to use your user name and password. Further any fraudulent, abusive, offensive, immoral or illegal acts may, at BS’s sole discretion, be grounds for immediate termination of your BS account.
7. Data Provision:
Real-time and historic data is supplied by Interactive Data Corporation of Fitzroy House, 13-17 Epworth Street, London, EC2A 4DL.
Fundamental data and company financials is provided by World Vest Base of Room 1008 Dannies House, 20 Luard Road , Wanchai, Hong Kong.
8. Disclaimer:
8.1 You acknowledge and accept that the Website, Services and materials contained therein are provided ‘as is’ and for information purposes only. It is not intended to be used for trading purposes and may include data taken from exchanges and other third party data suppliers (including, but not limited to, those listed at clause 7 above). THE WEBSITE AND ANY SERVICES (OR INFORMATION OR DATA CONTAINED THEREIN) SHOULD NOT BE RELIED UPON AS A SUBSTITUTE FOR FORMAL INVESTMENT ADVICE. The reliability, accuracy, timeliness, completeness and sequence of any materials or information (or any part of the same) provided as part of the Website or Services cannot be guaranteed and the Services may be governed by other agreements which BS has with third party providers.
8.2 You therefore expressly agree and accept that your access and use of the Website, any communications and the Services is entirely at your own risk. Accordingly neither BS, nor any member of its group of companies, third party licensors, shareholders, employees, directors or agents accept any liability to you or any other person (whether directly or indirectly) that the operation of the Website or provision of any Services will be uninterrupted or error free or that any information, software or data supplied on or through the Website will be accurate, complete or reliable.
8.3 The Services are each provided without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, BS provides you with the Website and any Services (and all data contained therein) on the basis that BS and any of its group companies, shareholders, employees, directors, agents and third party licensors exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these terms and conditions, might have effect in relation to the Website or any Services.
8.4 You understand and agree that any messaging service provided by BS is not a telephony service and that neither the Service nor you are capable of placing or receiving any calls (including emergency services) over publicly switched telephone networks. You agree that BS nor any member of the BS group of companies has any responsibility or liability for the deletion, failure to store or transmit any communication content or data which is maintained or transmitted by BS, another BS group company, or using the messaging or other service. You acknowledge that BS has not set any upper limit on the number of transmissions you may send or receive or the storage available to you. BS does however retain the right (at its sole discretion) to impose or revise its limits on use and storage at any time.
8.5 BS may make changes to any of the Website or the Services, or to the data, information and prices described in it, at any time without notice. The Website and any Services (or information, data or materials contained therein) may be out of date, and BS makes no commitment to update the Website or such or materials.
8.6 You acknowledge and agree that any software and Services to be provided by BS to you shall be subject to these general terms and conditions; the BS Software & Content License Agreement; and the BS Privacy Policy. To the extent that there is any inconsistency between any other agreement and these Terms and Conditions, these Terms and Conditions shall take precedence.
9. Liability:
9.1 BS, any other party (whether or not involved in creating, producing, maintaining or delivering the Website or any Services), and any of BS’s affiliates, directors, employees, third party licensors, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or any third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, economic loss, savings, profits, goodwill, data, contracts, loss of money, or loss or damages arising from or connected in any way to business interruption), and whether in tort (including without limitation negligence), contract or otherwise in connection with your use or inability to use the Website or any Services in any way or in connection with the use, inability to use the results of your use of the Website or any Services, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, any third party software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any Services from the Website or any websites linked to the Website.
9.2 Nothing in this agreement shall exclude or limit BS´s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
9.3 The Internet and instant messaging are publicly available methods of communication and liable to failure and delays. BS cannot therefore guarantee the operation of the Website, any Service or of any telecommunications network or instant messaging service nor the security of your use of the same. You are responsible for ensuring that your computer and telecommunication systems are properly prepared to receive any download, data, information, Service or software from the Website. BS makes no guarantee that any data, information, Service or software downloaded by you will perform with any hardware, software or telecommunications equipment used by you. If your use of any data, information, Service, software or other downloads from the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
10. Indemnity:
10.1 You agree to fully indemnify and hold harmless BS and its affiliates, third party licensors, shareholders, agents, employees and directors for any losses, damages, costs, claims, expenses (including legal fees) which they may suffer as a result of your breach of any of these Terms and Conditions or as a result of your use of the Website and any of the Services, including, for the avoidance of doubt, use of the Website or any Service by anyone (using your user name and password) who is not authorized.
11. Termination:
11.1 You may terminate this agreement at any time, by discontinuing your use of the Service and destroying all materials and information obtained from using the Service. You agree that BS may terminate this agreement with notice at any time. You also agree that BS may terminate this agreement immediately, with notice, or suspend your access to any Service if you fail (in BS’s sole discretion) to comply with any of these Terms and Conditions. BS (and its affiliates, shareholders, employees, directors and agents) shall not be liable to you or any third party for any such termination or suspension. Upon termination by BS you must immediately discontinue your use of the Service and promptly destroy all materials obtained from the Service and any copies.
12. General:
12.1 This Website is owned and operated by BS, of Room 3, Dekk House, Rue De Zippora, Providence, Mahe, Seychelles. If you want to get in touch contact us at support@bluesystems.info or use the link to “Customer Support” under Contact Us at www.bluesystems.info.
12.2 If any part of these Terms and Conditions are held by a Court of competent jurisdiction to be unenforceable, the validity of the remainder will not be affected.
12.3 Delay or failure by either party to enforce any term shall not constitute a waiver by that party of its rights and remedies.
12.4 You may not assign or sub-contract or otherwise transfer any of your rights or obligations under these Terms and Conditions at any time without the express written consent of BS.
13. Governing Law and Jurisdiction:
These Terms and Conditions (and any disputes arising out of them or related to the provision of, access to, and use of the Website or any Services) shall be governed by and construed in accordance with English law and any disputes arising in connection with the same shall be subject to the non-exclusive jurisdiction of the English courts. |
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