Definitions and Interpretation
The following terms shall have the following meanings:
|Account||means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;|
|Content||means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site|
|Cookie||means a small text file placed on your computer by TheTradingMesh.com when you visit certain parts of this Web Site. This allows us to identify recurring visitors and to analyse their browsing habits within the Web Site. Where e-commerce facilities are provided, Cookies may be used to store your Shopping Cart. Further details are contained in Clause 10 and Schedule 1 of this Policy;|
|Data||means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;|
|Material||means Content that TheTradingMesh.com makes available for purchase or subscription by Users subject to the terms of the appropriate License;|
|TheTradingMesh.com||means HFT Review Limited, International House, 1-6 Yarmouth Place, London, W1J 7BU, UK.|
|Payment Information||means any details required for the purchase of Material from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;|
|Purchase Information||means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;|
|Service||means collectively any online facilities, tools, services or information that TheTradingMesh.com makes available through the Web Site either now or in the future;|
|System||means any online communications infrastructure that TheTradingMesh.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;|
|User / Users||means any third party that accesses the Web Site and is not employed by TheTradingMesh.com and acting in the course of their employment; and|
4. No Recommendations or Advice
4.1. TheTradingMesh.com is not a registered financial advisor or broker/dealer. TheTradingMesh.com should be used for informational purposes only and its content does not constitute investment advice. TheTradingMesh.com, and its employees and agents are not financial advisors and are not regulated by the UK Financial Services Authority or any other regulatory body. If you make investment decisions in reliance on information you receive in connection with the Service, you do so at your own risk and TheTradingMesh.com, its employees, and its management will not be liable for any losses that you may sustain.
4.2. You should not make any investment decision without first consulting professional financial advisors and conducting your own research, including carefully reviewing the prospectuses and other public filings of any relevant issuer. To the maximum extent permitted by law, TheTradingMesh.com disclaims any and all liability in the event any information, analysis, opinions, advice or recommendations on the Site are inaccurate, incomplete or unreliable or result in any investment or other losses. Nothing on the Site should be construed as an offer to sell, an offer to buy, a promotion, or a recommendation for any security or investment by TheTradingMesh.com or by any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
5. Securities Disclaimer
5.1. You acknowledge that an investment in any security, derivative, commodity, currency or contract is subject to a number of risks and that discussion of any security, derivative, commodity, currency or contract published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the investments as to which content is published on the Site may have a low market capitalization, insufficient public float or inadequate secondary market liquidity. Such investments are subject to more risk than investments in larger or more liquid investments, including greater volatility, lower liquidity and the lack of publicly available information. Users should always take appropriate professional advice, including advice regarding the suitability of such investments for their circumstances, prior to any participation in such investments and prior to participation in any such discussion.
6. Eligibility and Restrictions
6.1. You must be 18 years of age or older to use the Service. It is not intended for those under the age of 18. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. 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 the terms of this Agreement.
6.2. When using the Service, you must comply with all applicable laws, including without limitation, the rules and regulations of the UK Financial Services Authority, the Financial Services and Markets Act 2000, the Financial Promotions Order 2005, the European Union Markets in Financial Instruments Directive (MiFID), U.S. Securities and Exchange Commission and the national or other securities exchanges of any jurisdiction in which you are located or operate, or which apply to your activities, including compliance with rules against making false or misleading statements to manipulate the price of a security and any requirements regarding the promotion of investments or the listing of primary securities. You personally will not, and will not permit anyone else to:
6.2.1. Store, copy, modify, distribute, or resell any of the content made available on the Site or compile or collect any content as part of a database or other work, except where such content explicitly permits such use
6.2.2. Use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content, except where such content explicitly permits such use.
6.2.3. Rent, lease, or sublicense your access to the Site to another person
6.2.4. Use the Service or Site Content for any purpose except for your own personal use except where explicitly permitted
6.2.5. Circumvent or disable any digital rights management, usage rules, or other security features of the Service
6.2.6. Use the Service in a manner that threatens the integrity, performance, or availability of the Service
6.2.7. Remove, alter, or obscure any proprietary notices (including copyright notices and license terms) on any portion of the Site content
7. User Conduct
7.1. TheTradingMesh.com asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Site, you agree not to:
7.1.1. Use TheTradingMesh.com's facilities, services or resources (including the Service) in a manner which violates any applicable laws or regulations;
7.1.2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
7.1.3. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7.1.4. Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member's password or other account information; or harvest user names, email addresses or other personal information for any purpose;
7.1.5. Post submissions that contain nudity, violence, or offensive subject matter;
7.1.6. Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libelous;
7.1.7. Sell or otherwise transfer your profile or account on the Service; or
7.1.8. Use TheTradingMesh.com's facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
7.2. TheTradingMesh.com reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or submissions, and terminating your access to the Service.
8.1. Either TheTradingMesh.com or you may terminate your Account. If TheTradingMesh.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
8.2. If TheTradingMesh.com terminates your Account, we immediately forfeit all rights to use your Material and your Material will be removed from the Web Site. Any outstanding balances due, less applicable commissions and expenses, will be paid to you within two months following receipt of such amounts from the underlying end-user.
8.3. If you terminate your Account, all rights held by TheTradingMesh.com to use your Material are deemed revoked and your Material will be removed from the Web Site. Any outstanding balances due, less applicable commissions, will be paid to you within one month following receipt of such amounts from the underlying end-user.
9. TheTradingMesh.com intellectual property rights
9.1. You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TheTradingMesh.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. TheTradingMesh.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by TheTradingMesh.com for use in accessing the Service.
10.1. TheTradingMesh.com may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service ("Feedback"). You agree that TheTradingMesh.com may, in its sole discretion, use the Feedback you provide to TheTradingMesh.com in any way, including in future modifications to the Service. You hereby grant TheTradingMesh.com a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
11.1. TheTradingMesh.com makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
11.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
11.4. Whilst every effort has been made to ensure that all descriptions of services available from TheTradingMesh.com correspond to the actual services available, TheTradingMesh.com is not responsible for any variations from these descriptions.
11.5. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
11.6. To the maximum extent permitted by law, TheTradingMesh.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein.
11.7. YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TheTradingMesh.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TheTradingMesh.com OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
12. Availability of the Web Site
12.1. The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2. TheTradingMesh.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
13. No Waiver
14. Limitation of Liability
14.1. To the maximum extent permitted by law, TheTradingMesh.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
14.2. Whilst every effort is made to keep viruses and similar malicious software or code out of Content, Material, Systems and Services provided by TheTradingMesh.com , TheTradingMesh.com accepts no liability for any damage done by such elements. Users bear the responsibility of ensuring adequate virus protection for their own systems and are advised to make regular and frequent back-ups.
14.5. TheTradingMesh.com WILL 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 TheTradingMesh.com HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL TheTradingMesh.com'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO TheTradingMesh.com FOR USE OF THE SERVICE AND WEBSITE CONTENT. BECAUSE SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.1. You will indemnify and hold TheTradingMesh.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service or Site Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service or Site Content.
16. Law and Jurisdiction
17.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@TheTradingMesh.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
19. Contacting TheTradingMesh.com
19.1. If you have any questions or concerns about the Service or this Agreement, please send us a thorough description by contacting TheTradingMesh.com HERE.
1. Intellectual Property
1.2.1. you will not use the Content of the Web Site for commercial purposes; and
1.2.2. you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by TheTradingMesh.com.
2. Third Party Intellectual Property
3. Fair Use of Intellectual Property
3.1. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
4. Links to Other Web Sites
4.1. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of TheTradingMesh.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
5. Links to this Web Site
5.1. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.TheTradingMesh.com or to sub-pages residing under this domain. Deep linking (i.e. links to specific pages within the site) is permitted where such pages are accessible.
5.2. When using the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
5.2.1. you must not use obscene or vulgar language;
5.2.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
5.2.3. you must not submit Content that is intended to promote or incite violence;
5.2.4. it is advised that posts on message boards, chat facilities or similar and communications with TheTradingMesh.com are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
5.2.5. content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
5.2.6. you must not post links to other web sites containing any of the above types of Content;
5.2.8. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
5.2.9. you must not impersonate other people, particularly employees and representatives of TheTradingMesh.com or our affiliates;
5.2.10. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
5.2.11. you must not use our System for unauthorised mass-communication such as spam or junk mail.
5.3. You acknowledge that TheTradingMesh.com reserves the right to monitor any and all communications made to us or using our System.
5.4. In order to use the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
5.4.1. any information you submit is accurate and truthful; and
5.4.2. you will keep this information accurate and up-to-date.
5.5. By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant TheTradingMesh.com a licence to modify the Content as necessary for its inclusion on the Web Site. TheTradingMesh.com accepts no responsibility or liability for any infringement of third party rights by such Content.
5.6. Unless a User informs TheTradingMesh.com otherwise, in advance of posting, in writing, and TheTradingMesh.com agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as TheTradingMesh.com may deem appropriate under a royalty-free, perpetual basis.
5.7. TheTradingMesh.com will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
5.8. Content submitted by Users is not screened by TheTradingMesh.com prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to info@TheTradingMesh.com. This does not constitute an undertaking to explain our actions.
6. Termination and Suspension
6.1. In the event that any of the provisions of Sub-Clause 5.2 above are not followed, TheTradingMesh.com reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon the relevant Material being made available to you.
1. Age Restrictions
1.1. The Web Site as a whole is only usable by persons over the age of 18, however purchases may only be completed by persons over the age of 18 (or 21 in jurisdictions where this is the legal age of majority).
1.2. Certain Material available on the Web Site, where indicated, may be unsuitable for persons under the age of 18 (or 21 in jurisdictions where this is the legal age of majority).
2. Intellectual Property
2.2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by TheTradingMesh.com.
3. Third Party Intellectual Property and Material
3.1. Material available for purchase on this Web Site is always accompanied by the details of its respective author and owner. The Material is the property of the author and owner detailed. Such ownership extends to any free previews of Material that may be available on this Web Site.
3.2. Subject to Clause 5, Purchased Material is subject to the accompanying Licence and is to be used only in accordance with the terms of that Licence. Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.
3.3. Free previews of Material may be used in works in progress. Such preview Material must be removed from and / or replaced with purchased Material for any versions of works that are released to any parties other than co-authors. Under no circumstances are Material previews or any work containing them to be commercially exploited.
4. Fair Use of Intellectual Property
4.1. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Web Sites
5.1. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of TheTradingMesh.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Web Site
7. Use of Communications Facilities
7.1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
7.1.1. You must not use obscene or vulgar language;
7.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3. You must not submit Content that is intended to promote or incite violence;
7.1.4. You must not make any solicitation for investment or provide any materials that constitute a financial promotion, public offering, invitation to subscribe for securities, or are in any way in contravention of relevant securities regulations or financial conduct regulations in your jurisdiction, in England and Wales, or in the jurisdictions of any person or organisation to whom you grant access to such materials.
7.1.5. It is advised that submissions are made using the English as we may be unable to respond to enquiries submitted in any other languages;
7.1.7. You must not impersonate other people, particularly employees and representatives of TheTradingMesh.com or our affiliates; and
7.1.8. You must not use our System for unauthorised mass-communication such as spam or junk mail.
7.2. You acknowledge that TheTradingMesh.com reserves the right to monitor any and all communications made to us or using our System.
8. Submitting Material
8.1. Submissions of material to be sold on the Web Site are governed by our Material Submission Rules.
9.1. In order to purchase Material on this Web Site and to use the Forums, Blogs, Chat facilities, Messaging Facilities, Comment facilities, and Content Contribution facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
9.1.1. all information you submit is accurate and truthful;
9.1.2. you have permission to submit Payment Information where permission may be required; and
9.1.3. you will keep this information accurate and up-to-date.
9.2. Your creation of an Account is further affirmation of your representation and warranty.
9.3. It is recommended that you do not share your Account details, particularly your username and password. TheTradingMesh.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.4. If you have reason to believe that your Account details have been obtained by another without consent, you should contact TheTradingMesh.com immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.
9.5. When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.1. Either TheTradingMesh.com or you may terminate your Account. If TheTradingMesh.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2. If TheTradingMesh.com terminates your Account, you do not retain the right to use the Material purchased from us.
10.3. If you terminate your Account, you do not retain the right to use the Material purchased from us.
10.4. TheTradingMesh.com reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and granting access to Material.
11. Material, Pricing and Availability
11.1. Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from TheTradingMesh.com correspond to the actual Material, TheTradingMesh.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Material, not different Material altogether. Please refer to Clause 13 for incorrect or faulty Material.
11.2. Where appropriate, you may be required to select the required size, quality, format, number and/or other features/attributes of the Material that you are purchasing.
11.3. TheTradingMesh.com does not represent or warrant that such Material will be available. Material may be temporarily unavailable due to problems with the Service, maintenance or similar. Alternatively, Material that is no longer available may remain referenced on the Web Site for a short time before removal.
11.4. All pricing information on the Web Site is correct at the time of going online. TheTradingMesh.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5. In the event that prices are changed during the period between an order being placed for Material and TheTradingMesh.com processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.6. All prices on the Web Site do not include VAT or applicable Sales and Use Taxes. TheTradingMesh.com’s VAT number is GB902 7652 32
12. Refunds Policy
12.3. If Material contains faults on download, you should inform TheTradingMesh.com immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of TheTradingMesh.com s management.
12.4. If you change your mind and decide that you no longer require the Material you have purchased, refunds will be available at the exclusive discretion of TheTradingMesh.com s management.
12.5. In the event that the incorrect Material is downloaded due to an error on the part of TheTradingMesh.com , you should inform us immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of TheTradingMesh.com s management.
12.6. Where any refund is issued, you are required to delete and / or destroy any copies of the Material, electronic or otherwise. Any other works into which the Material has been integrated must have the Material removed from them or, where this is not possible, be deleted and / or destroyed themselves. Failure to do so will result in you being in breach of the Licence under which you purchased the Material.
12.7. If you wish to request a refund for any of the above reasons, please contact us using the details on support@TheTradingMesh.com to make the appropriate arrangements.
1. Submission of Material
1.1. By submitting Material you warrant and represent that you are the author of such Material and that, where appropriate, you have acquired all of the appropriate rights and / or permissions to use the Material in this fashion under the terms of any applicable license. TheTradingMesh.com accepts no responsibility or liability for any infringement of third party rights by such Material.
1.2. You hereby authorise TheTradingMesh.com to be your non-exclusive agent licensing your Material to third parties. Such distribution is based on the terms of TheTradingMesh.com s standard Licence, except as explicitly varied on a case by case basis by separate written agreement.
1.3. By submitting Material you expressly agree that TheTradingMesh.com may use your Material in the following ways:
1.3.1. for promotional purposes;
1.3.2. for distribution;
1.3.3. for publication; and
1.3.4. where contributed on a no-cost basis, for onward distribution under the terms of the applicable Creative Commons Attribution-Share Alike license, unless explicit alternative license terms have been explicitly agreed, or unless such explicit alternative licence terms have been attached to such materials and lodged within the metadata associated with such materials in the manner prescribed above, and that the terms of such alternative license has been explicitly approved by TheTradingMesh.com as being valid.
2. Moderation and Removal / Amendment Of Content
2.1. TheTradingMesh.com does not actively monitor your postings to the Site. However, in our efforts to promote good citizenship within the TheTradingMesh.com community, if TheTradingMesh.com becomes aware of inappropriate use of the Service, TheTradingMesh.com shall be entitled to respond in any way that we deem appropriate in our sole discretion. You acknowledge that TheTradingMesh.com may report to government authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, TheTradingMesh.com may cooperate with government authorities in any investigation of alleged illegal activity.
2.2. TheTradingMesh.com may remove or modify any submission that TheTradingMesh.com determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by TheTradingMesh.com to be inappropriate for posting.
3. Non-Commercial Submissions to TheTradingMesh.com
3.1. You will retain ownership rights in such submissions. However, by submitting your post or comments to us, you hereby grant to TheTradingMesh.com, a perpetual, non-exclusive, fully paid, royalty-free, worldwide license (with the right to sub-license through multiple tiers of sub-licensees) to use, copy, modify, adapt, transmit, and distribute your submissions unless otherwise restricted by this Agreement including as provided by our Privacy Statement. Where any additional restrictions are imposed, they shall be documented as follows:-
3.1.1. For third-party Widgets or plug-ins included in the Widget Gallery:- Contributors may further reserve their rights by including an appropriate copyright statement attributing ownership of the copyright to the licensor party, (including reference to any right to distribute afforded by any license obtained from the copyright holder (where applicable) and reference or link to the appropriate licensing terms), within the relevant section of the deployed Elgg plug-in.
3.1.2. This statement shall specify whether the license conferred to TheTradingMesh.com excludes any of the following uses- "copy", "modify", "adapt". The license granted cannot exclude the following uses which are intrinsic to the inclusion of the content within the platform- "use", "transmit", "distribute". If you wish to exclude any of these uses you should consider whether it is appropriate to post the content, or in the event of doubt should contact TheTradingMesh.com to discuss the specific basis of use intended. Additionally, where such widgets include elements themselves derived from or including code or content subject to existing licensing terms (such as GNU GPL v2 which requires that all derivative works are themselves licensed on the same basis), the contributor must ensure that they are entitled to impose such restrictions under the terms of the associated license in order for such restriction to have any binding effect.
3.1.4. For trademarks, logos or other commercially sensitive content:- Where such content is included in posts, profiles, etc for display on the site, or uploaded into media galleries or file repositories within the site, an appropriate copyright notice should be displayed with the content. For images, audio and video content, it is recommended that such notices are explicitly superimposed on the artifact itself, or the artifact is mounted on a suitable canvas along with the copyright notice so as to cause them to be intrinsically bound together (for example by flattening the layers of an image to create a new image including both the original artifact and the copyright notice), or the copyright notice is bound to the artifact as metadata in a way which causes it to be carried with the artifact when it is saved, copied or reproduced, and which is readily accessible to anyone attempting to do so (such as its inclusion in the associated "properties" field.
3.3. TheTradingMesh.com will not accept any liability for the display of such content on its platform, and by accepting these terms the contributor accepts all liability for the consequences of any copyright violation, and holds TheTradingMesh.com indemnified accordingly. In the event of any complaint regarding such usage, TheTradingMesh.com reserves the right to suspend the availability of the content and disclose the identity of the contributor to the complainant in the event that in TheTradingMesh.com’s reasonable view there is any basis to the complaint, or if required to do so by any legal process or statutory authority in any relevant jurisdiction.
3.5. Where content includes descriptions, implementations, or examples of technical components, business methods or other elements subject to Patent or Patent Pending, the Patent Holder may optionally display a notice alerting user to the existence of the Patent and associated registration details.
3.6. You further represent and warrant that:
3.6.1. You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.
3.6.2. All non-commercial contributions to the Site shall be regarded as being contributed under the terms of a Creative Commons Attribution-Share Alike 2.0 UK: England & Wales license, unless explicitly associated with another license, either as explicitly listed according to the procedures listed above or as defined using any specific license management facilities provided within the Site, and in the absence of such explicit provisions you hereby grant to other users of the site the right to use, copy, modify, adapt, transmit, and distribute your submissions in accordance with the terms of such license. You further represent and warrant that:
3.6.3. You own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and
3.6.4. The posting of your submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
3.6.5. You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.
4. Commercial Submissions to TheTradingMesh.com
4.1. Where contributions are contributed on a commercial basis, by submitting Material you expressly agree that TheTradingMesh.com may use your Material in the following ways:
4.1.1. for display;
4.1.2. for promotional and public relations purposes;
4.1.3. for distribution;
4.1.4. for publication; and:-
4.1.5. for onward distribution as agent under the terms of the applicable TheTradingMesh.com Re-sale and Distribution Agreement, and in accordance with the terms of any license associated with such Material and lodged within the Site as metadata associated with such materials in the manner prescribed.
4.2. Where your Material is offered on a commercial basis, you are entitled to receive consideration from sales of your Materials to end-users at the rates described in the billing schedule associated with each license. Your agreement with such end-user shall be subject to compliance with the terms of the applicable HFT Review Re-sale and Distribution Agreement as agreed with yourself. Unless explicitly agreed to the contrary within the terms of such agreement, TheTradingMesh.com shall be entitled to re-sale commissions at the rate of 20% of the net invoice amount associated with such sales, accumulated and invoiced monthly. Unless agreed otherwise by separate agreement, Commissions will be invoiced separately and withheld from the balance of periodic payments made by HFT Review in respect of the accumulated balance of sales of your Materials and collected on your behalf.
4.4. By contributing such Materials, you explicitly acknowledge that TheTradingMesh.com has no liability in respect of opportunity cost, loss of profits, goodwill, use, data or other intangible losses, (even if Hedeghogs.net has been advised of the possibility of these damages.