Terms of Use
BY ACCESSING OR USING THIS WEBSITE OR APPLICATION, YOU ARE AGREEING TO THESE TERMS OF USE, INCLUDING THE CASTLES FX PRIVACY POLICY, INCLUDED BELOW. PLEASE READ CAREFULLY!
By entering and/or subscribing to the Website or Application as a member you certify that:
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You are entering and accessing this Site entirely on your own accord with the full knowledge that any Information is presented for educational and/or entertainment purposes only. Under no circumstances should it be mistaken for professional investment advice, nor is it at all intended to be taken as such.
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You are of at minimum thirteen (13) years of age; and
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If you are under eighteen (18) years of age, your parents or legal guardians will have provided their required, express consent for you to access the Site and be thereby bound by all of the terms and conditions contained therein.
TERMS
Welcome to CastlesFX, provided by CastleFX.com. (“we”, “us” or “our” etc.). In order to use our website, applications or our services, you must agree to our Terms of Use.
These Terms of Use set out the legally binding terms and conditions for your use of our services (“Services” or “Service”), including, without limitation, visiting, browsing or posting content on the website at www.castlesfx.com or any mobile version of the website (collectively, the “Website”), our mobile and desktops app (our “Apps”) and all related players, widgets, tools, application, data, software, APIs and other services provided by us.
These Terms of Use may be modified from time to time in which case we will post the modified Terms of Use on this page and indicate at the top of the page the date on which the Terms of Use were last modified. It is your responsibility to check the Terms of Use periodically for changes. You can review the most current version of the Terms of Use at any time at https://www.castlesfx.com/XXXXXXXXXX. Your continued use of the Services, Website, and Apps (collectively, the “Platform”) following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
These Terms of Use were last updated on Friday, February 9, 2018.
NATURE OF THE SERVICES
The purpose of the Platform provided through the Website and Apps (“Purpose”) is to provide a Platform where registered users (“Account Holders”) may receive updates, forecasts, commentary and other information (collectively, “Information”), in the field of Over-the-Counter Foreign Currency (“Foreign Exchange”) markets by CastlesFX.com.
DISCLAIMER
We make no representations or warranties as to the fitness or quality of Information posted in the Platform or that any Information is accurate or precise at any given time. The Information provided here is not recommended for trading purposes. Any trades by Account Holders or anyone else visiting the Platform are the sole risk of that person or entity and CastlesFX.com takes no responsibility for any decisions, trades, or other financial transactions taken on the basis of Information provided by this Platform. Foreign Currency trading is extremely high risk and it is the responsibility of each Account Holder or anyone else who encounters this information to conduct their own due diligence and make their own informed decisions. CastlesFX.com provides knowledge not direction.
All content on this Platform is presented for educational and/or entertainment purposes only. Under no circumstances should it be mistaken for professional investment advice, nor is it at all intended to be taken as such.
The commentary and other contents simply reflect the opinion of the author alone on the current and future status of the markets, various economies and world events. It is subject to error and change without notice.
Neither the information nor any opinion expressed constitutes a solicitation to buy or sell any securities, investments, or foreign currencies. DO NOT EVER purchase any security, investment, or foreign currency without doing your own due diligence and sufficient research. CastlesFX.com is not under any obligation to update or keep current the information contained herein. The analysis contained is based on both technical and fundamental research. Although the information contained on the Platform is derived from sources which are believed to be reliable, their reliability is not and cannot be guaranteed.
YOUR USE OF THE PLATFORM
Subject to your strict compliance with these Terms of Use at any and all times during your use of the Platform, CastlesFX.com grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Platform in order to receive Information from the Platform.
In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use at any and all times during your use of the Platform, CastlesFX.com grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and license to use the Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.
The above licenses are conditional upon your strict compliance with these Terms of Use at any and all times during your use of the Platform, including, without limitation, the following:
(i) You must not copy or capture, or attempt to copy or capture, any Information from the Platform or any part of the Platform, other than by means provided by CastlesFX.com.
(ii) You must not adapt, copy, republish, make available or otherwise communicate to the public, display, transfer, share, distribute or otherwise use or exploit any Information on or from the Platform at any and all times, except where such content is made available by CastlesFX.com as part of providing the services and is not subject to any other type of legal restriction.
(iii) You must not use any Information in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
(iv) You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Information.
(v) You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Information appearing on the Platform.
(vi) You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or territorial restrictions or access any rights management information pertaining to Information.
(vii) You must not collect or provide funds, directly or indirectly, in order to carry out crimes, contribute to or facilitate the activities of a criminal organization, or instruct anyone to carry out a criminal activity, including doing any of the foregoing in relation to a listed entity under s. 83.05 of Part II.1 of the Criminal Code of Canada or any such similar legislation in your local jurisdiction.
(viii) You must not rent, sell or lease access to the Platform, or any Information on the Platform.
(xii) You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company.
(xiii) You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any CastlesFX.com employee.
(ix) You must not use or attempt to use another person’s account, password, or other information, unless you have express permission from that other person.
(x) You must not sell or transfer, or offer to sell or transfer, any CastlesFX.com account to any third party without the prior written approval of CastlesFX.com.
(xvi) You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
(xvii) You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by CastlesFX.com; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of CastlesFX.com’s servers, system or network or attempt to breach CastlesFX.com’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking CastlesFX.com’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of CastlesFX.com under these Terms of Use, CastlesFX.com reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.
You agree to comply with the above conditions at any and all times during your use of the Platform, and acknowledge and agree that CastlesFX.com has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use.
This may include taking court action and/or reporting offending users to the relevant authorities.
PRIVACY POLICY
At CastlesFX.com, we value your privacy. We have developed this Privacy Policy to inform users of our Web site of our policies and practices regarding such information.
PERSONAL IDENTIFYING INFORMATION
CastlesFX.com does not collect personally identifying information (such as a user's name, address, telephone number or email address) about users of our Platform, except when specifically and knowingly provided by such users. For example, Account Holders of our Platform are required to create an account linked to their email address and to pay their monthly subscription fees through a valid credit card.
Although CastlesFX.com provides users with an opportunity to send e-mail through our Platform to contact us regarding technical, accounting or other issues, CastlesFX.com does not intend to solicit personally identifying information through such means. Instead, by providing an e-mail option, we intend to provide a means by which users may send comments and communications to us. These messages are forwarded to the appropriate persons at CastlesFX.com to respond, at their discretion, to the questions or comments.
CastlesFX.com does not share personally identifiable information with third parties.
CastlesFX.com may use personally identifiable information from user emails sent to us to contact users in the limited circumstances noted above.
SECURITY
CastlesFX.com is committed to taking reasonable steps to ensure the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information provided to CastlesFX.com.
CHILDREN AND PRIVACY
CastlesFX.com has no intention of collecting personally identifiable information from children (i.e., individuals under the age of 13). If a child has provided us with personally identifiable information, CastlesFX.com asks that a parent or guardian of the child contact CastlesFX.com at email-info@castlesfx.com if they would like the information submitted by a child deleted from our database. CastlesFX.com will use reasonable efforts to delete such information from its database.
PRIVACY PROTECTION WARNING
Please note that no data transmission over the Internet is 100% secure. As a result, we cannot guarantee the security of the information that you transmit via our online services.
Please note that we reserve the right to access and/or disclose the user information discussed herein (including personal information) as required by courts and/or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of law or our web site rules or policies.
YOUR CONSENT
By using this web site, you consent to our use of your personally identifiable information and non-personal data as specified above. If CastlesFX.com decides to change this Privacy Policy, we will post those changes on this page, so you are always aware of what information we collect, how we use it and under what circumstances we disclose it.
CORRECTIONS
To have us correct any personally identifiable information in our possession that you believe may be incorrect, contact us at email-info@castlesfx.com or at the postal address provided below.
CONCERNS AND COMMENTS
You may email our Privacy Administrator with any further questions or concerns regarding this Privacy Policy or any use of your personally identifying information at email-info@castlesfx.com or write to:
INSERT ADDRESS
http://www.castlesfx.com
AVAILABILITY OF SERVICES
The Services are only available to individuals of legal age to form a binding contract with CastlesFX.com and who otherwise have the authority to create a legally binding agreement.
MODIFICATION OF SERVICES
We reserve the right to modify or discontinue the Services (or any part thereof) at any time with or without notice.
OWNERSHIP OF WEBSITE AND CONTENT
The Website and the infrastructure used to provide it, and all content on the Website provided by CastlesFX.com (“CastlesFX.com’s Content”) is proprietary to us and our partners. You agree not to modify, copy, distribute, transmit, display, reproduce, publish, create derivative works from, transfer or sell any of CastlesFX.com’s Content, information, software, products or services obtained from or through the Website except in accordance with the proper use of the Services as described in these Terms of Use.
WEBSITES OF OTHERS
From time to time, the Platform may contain links to websites maintained by other parties. We expressly disclaim any representations regarding the content or accuracy of materials on such websites or the privacy practices of those websites. If you decide to access websites by other parties, you do so at your own risk.
ACCOUNT, PASSWORD, AND SECURITY
When you sign up or register on the Platform as an Account Holder, you will be prompted to provide information, including contact information and a password. This information will be used to set up your account so that you can access Information. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use of your password or account or any other breach of security. You must also be truthful in all aspects of your registration and agree to maintain and promptly update the Account Holder information to keep it true, accurate, current and complete.
INDEMNIFICATION/RELEASE
You agree to indemnify, defend and hold the Platform, CastlesFX.com and each of their founders, affiliates, licensors, owners, shareholders, employees, executives, consultants, agents, suppliers, advertisers and sponsors, and their respective directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (i) your breach of this Agreement, including any violation of the Code of Conduct, above; (ii) any allegation that any materials you submit to us or transmit to the Platform infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (iii) your activities in connection with the Platform.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
GENERAL PRACTICES REGARDING USE, STORAGE, AND ACCOUNT TERMINATION
You acknowledge that we may establish general practices and limits concerning use of the Services. You acknowledge that we reserve the right to log off accounts that are inactive for a certain period of time and to remove and discard any Accounts with or without notice and for any reason, including, without limitation:
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a. lack of use;
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b. if we believe that you have violated or acted inconsistently with these Terms of Use or otherwise with the Purpose;
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c. requests by law enforcement or other government agencies;
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d. a request by you (self-initiated account deletions);
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e. discontinuance or material modification to the Service (or any part thereof);
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f. unexpected technical or security issues or problems;
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g. in compliance with legal process; or
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h. if you have or we believe you have engaged in illegal activities, including without limitation, fraud in connection with the Services.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You expressly understand and agree that:
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a. Your use of the Platform is at your sole risk. The Platform is provided on an “as is” and “as available” basis. We expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
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b. Without limiting the generality of the foregoing, we make no warranty that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, or (iii) the quality of any products, services or information purchased or obtained by you through the Platform will meet your expectations.
LIMITATION OF LIABILITY
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Platform; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any third party on the Platform; or (iv) any other matter relating to the Platform.
PAYMENT PROCESSOR
CastlesFX.com uses a third-party payment processor (the “Payment Processor”) to bill Members through a payment account linked to your Account. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is PayPal, Inc, and member payments are processed by PayPal, Inc. in accordance with PayPal, Inc.’s Terms of Service and Privacy Policy. CastlesFX.com does not control and is not liable for the security or performance of the Payment Processor. Member agrees to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Account Holders agree to make payment using the payment method member provides with members account.
CastlesFX.com reserves the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
TRADEMARKS
CastlesFX.com and all other trademarks used by us in association with the Platform from time to time are trademarks belonging to us (“the Marks”). You agree not to display or use in any manner any of the Marks unless you obtain our prior written permission.
CANCELLATION
You may cancel your subscription at any time. Services shall be terminated effective as of the date of cancellation and no Member services will be available. If you wish to cancel your subscription to CastlesFX.com, please make sure to cancel a minimum of 72 hours prior to your recurring payment to ensure that the payment is not processed on your account. CastlesFX.com does not issue any refunds for payments that have already been applied and are not responsible for cancelling accounts. If you have any issues cancelling your subscription please email issues@castlesfx.com.
GOVERNING LAW
These Terms of Use and the relationship between you and us shall be governed by the laws of the province of Ontario and Canada without regard to conflicts of law. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, Canada.
WAIVER AND SEVERABILITY OF TERMS
Any failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision is found by a court of competent jurisdiction to be invalid, the other provisions shall remain in full force and effect. A waiver of any provision of this Agreement shall only be valid if provided in writing and shall only be applicable to the specific incident and occurrence so waived.
NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY
If you are an Account Holder, you agree that your account is non-transferable and any rights in and to your account or Content posted from your account terminate upon your death, subject to copyright law.
Questions about the Terms of Use should be sent to admin@castlesfx.com.