THIS IS A LEGAL AGREEMENT BETWEEN YOU AND VIZHON CORPORATION.
PLEASE READ THIS CAREFULLY.
By using or copying the website or by downloading, installing, copying or using the software or any part thereof you agree to be bound by the terms and conditions of this Agreement. If you do not agree with the terms and conditions:
- Do not use or copy the website or any parts or aspects thereof;
- Do not install, copy or use the software or any parts or aspects thereof;
- Promptly delete all copies of the software or any parts thereof that are in your possession or under your control; and
- If you have any physical manifestations of the software, website or content, promptly return these to us, at the address provided. Please provide proof of payment for a full refund.
Vizhon may amend the terms and conditions of this Agreement from time to time. Any such amendment shall become effective from the date that you are notified. If you continue to use the services after you are notified, you agree to be bound by the terms and conditions of the amended Agreement.
You may view the current terms and conditions of this Agreement at any time at http://www.incrediblecharts.com/legal_vizhon/terms_of_use.php.
This Agreement was last updated on December 8th, 2010.
- Ownership and License
- Permitted Uses
- Prohibited Uses
- Community Forums
- General Advice
- Limited Warranty
- Limitation of Liability
- Market Data Suppliers
- Third Party Advertising and Links
- Other Provisions
The "content" refers to all information, data or material presented at the website, via Email or via the software and includes, but is not limited to, averages, prices, quotations, news articles, charts, photographs, images, illustrations, audio and video clips.
The "forum" refers to any bulletin boards, discussion groups and other public areas, presented at the website, that allow feedback to Vizhon and interaction between users and Vizhon and its associates.
The "software" refers to the Incredible Charts charting and stock-screening software and any other software made available for download from the website and includes any documentation related to the software, any modifications to the software or any new features that augment or enhance or change the then current software or any part thereof, including but not limited to new releases of the software.
"Vizhon" refers to Vizhon Corporation, incorporated in the British Virgin Islands.
"Vizhon and its associates" refers to Vizhon and its subsidiaries, agents, licensors, data suppliers and licensees, including Incredible Charts Pty Ltd, and the directors, officers and employees of these parties.
The "website" refers to the Incredible Charts web site and forum, located at http://www.incrediblecharts.com and at http://www.incrediblecharts.com.au, and includes any content presented at the web site, any modifications to the web site or any new features that augment or enhance or change the then current web site or any part thereof.
- Words in the singular include the plural and vice versa;
- Words importing a gender include any other gender;
- A reference to a person includes bodies corporate and unincorporated associations and partnerships; and
- A reference to dollars means U.S. dollars.
This Agreement grants you only a license to use the services. Title, ownership and intellectual property rights shall remain with Vizhon and its associates. Your rights to use the services are specified in this Agreement, and we retain all rights not expressly granted to you in this Agreement including, but not limited to, rights reserved to us or protected by patent, copyright, and trade secret laws and international treaty provisions. The license granted hereunder shall not be construed to confer any rights upon you by implication, estoppel or otherwise as to the services not specifically set forth herein. Nothing in this Agreement constitutes a waiver of our rights under U.S. patent or copyright law or any other national, federal or state law.
The software is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright law, international conventions and other copyright laws. We continue to own all copies of the software. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Do not install or use the software unless you agree to be bound by the terms and conditions of such license agreement.
"Vizhon", "Incredible Charts" and "IncredibleCharts" are trademarks of Vizhon.
All other product names and services mentioned are trademarks or registered trademarks of their respective owners.
Subject to the terms and conditions of this Agreement, you are granted the following limited non-exclusive rights to use the services:
- You may use one copy of the software
installed on a single hard disk drive via a single terminal connected to a
single computer CPU. You may not network the software
or otherwise use it on any other computer CPU or terminal.
- You may make one copy of the software
solely for backup and archival purposes, provided that the original, whether
on diskette or an electronic original, and each copy is kept in your
possession and control, and provided you reproduce our copyright notice on
the copy. You may not copy the documentation or other written materials
included with or as part of the software.
- You may retrieve and display content on a computer
screen for your own personal use, and
- You may print one copy of the content, or parts thereof, on paper, for your own personal use.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the services, use of the services or any portion thereof, or access to the services or any portion thereof. Additionally, you may not, without written permission from us:
- Use, copy, modify, merge, create derivative works of, or transfer copies
of the services or any part thereof except as provided in
- Use any backup or archival copies of the software
or any information included as part of the software
(or allow someone else to use such copies) for any purpose other than to
replace the original copy in the event that the software
or data is destroyed or becomes defective;
- Disassemble, de-compile or "unlock", reverse translate, reverse
engineer, or in any manner decode the software
or any aspect of the software for
any reason, except and only to the extent that such activity is expressly
permitted by applicable law notwithstanding this limitation.
- Store all or any of the services in electronic form
on disk or on any server or storage device;
- Remove the trademark or copyright notices from any copies made of the services;
In addition to the foregoing, you acknowledge that Vizhon may establish general practices and limits concerning use and features of the services, including without limitation the maximum number of concurrent sessions you may have on one computer or individually among multiple computers, the maximum number of times (and the maximum duration for which) you may access the services in a given period of time, the maximum number of financial instruments or topics you may receive information on at any time, and the frequency with which financial information is updated. You acknowledge that Vizhon reserves the right to log off users that are inactive for an extended period of time, however Vizhon wishes to define "inactive" in its sole discretion. You further acknowledge that Vizhon reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
and its associates do not control the messages
posted at the forum, it reserves the right (which it may
exercise at its sole discretion without notice) to delete, move or edit the messages
and to terminate your access to and use of the forum and
you waive any moral rights that you may have in regard to the messages.
You are solely responsible for the content of your messages. You must comply with any rules posted by Vizhon and its associates on the forum. You may not:
- Post, link to or otherwise publish any messages containing any form of advertising or promotion for goods and services or any chain messages or "spam";
- Post, link to or otherwise publish any messages with recommendations to buy or refrain from buying a particular security or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any security;
- Post, link to or otherwise publish any messages that are unlawful, threatening, abusive, libelous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
- Post or otherwise publish any messages that contain a virus or other harmful component;
- Disguise the origin of any messages;
- Impersonate any person or entity (including Vizhon and its associates or forum guests or hosts) or misrepresent any affiliation with any person or entity;
- Post or otherwise publish any messages unrelated to the forum or the forum topic;
- Post or transmit any messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the website or any computer software or equipment;
- Collect or store other members' or users' personal data;
- Restrict or inhibit any other member or user from using the forum.
By submitting a message to the
you agree to indemnify and hold harmless Vizhon
and its associates from all
claims, costs and expenses (including legal expenses) arising out of any messages
posted or published by you that are in breach of this Section.
The forum contains messages submitted by members or users over whom Vizhon and its associates have no control. Vizhon and its associates cannot guarantee the accuracy, integrity or quality of any messages. Some members or users may breach these terms and post messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the forum and should not rely on messages in making (or refraining from making) any specific investment or other decisions.
Vizhon and its associates (who will be clearly identified as such) will also contribute material to the forum in order to stimulate discussion and ensure the smooth running of the forum. The forum may also contain messages from special guests selected by Vizhon. The opinions of those employees and special guests are their own and are not necessarily endorsed by Vizhon. They should not be considered by you as professional advisers.
By submitting messages to the forum you are granting Vizhon a perpetual royalty-free non-exclusive license to reproduce, modify, translate, make available, distribute and sub-license the messages in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. Vizhon reserves the right to contact you by e-mail with regard to your use of the forum.
It is not possible for Vizhon to fully and effectively monitor when messages infringe the copyright of a third party or other third party rights. If you believe that a message infringes any legal rights that you may have, you should notify Vizhon immediately by contacting Support.
The services are provided for the general information of investors and do not have regard to any particular person's investment objectives, financial situation or needs. The services must not be construed as advice to buy, sell, hold or otherwise deal with any securities or other investments. Accordingly, no reader should act on the basis of any services without first having obtained investment advice from a suitably qualified advisor.
The services are provided to the members and users "as is." Neither Vizhon nor its associates will be liable to any member or user or anyone else for any interruption, inaccuracy, error or omission, regardless of cause, in the services or for any damages (whether direct or indirect, consequential, punitive or exemplary) resulting therefrom.
Prior to the execution of every security trade based upon the services, you undertake to consult with your broker or financial advisor to verify pricing information.
- The services, if any, will be free from defects in materials and workmanship under normal use.
- The services will materially conform to the documentation that accompanies it.
Vizhon and its associates entire liability and your sole and exclusive remedy for breach of the limited warranty set forth in this section shall be return of the price actually paid for the services or one dollar ($1.00), whichever is greater.
VIZHON AND ITS
ASSOCIATES DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT
THEIR OPERATION WILL BE UNINTERRUPTED OR
ERROR-FREE. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS SECTION,
THE SERVICES ARE LICENSED "AS
AND ITS ASSOCIATES MAKE NO REPRESENTATIONS AND EXTEND NO WARRANTIES OF ANY KIND AND
DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state.
VIZHON AND ITS
ASSOCIATES' LIABILITY TO YOU FOR ANY LOSSES SHALL BE LIMITED TO DIRECT DAMAGES, AND
IN NO CASE SHALL EXCEED THE AMOUNT ORIGINALLY PAID FOR THE SERVICES
OR ONE DOLLAR ($1.00), WHICHEVER IS GREATER. IN NO EVENT AND UNDER NO LEGAL
THEORY, INCLUDING TORT, CONTRACT OR OTHERWISE, SHALL WE BE LIABLE TO YOU FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF
PROFITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE
EVENT OF LITIGATION INVOLVING THE SERVICES, YOU AGREE THAT AFTER FINAL JUDGMENT
AND EXHAUSTION OF APPEALS THE NON-PREVAILING PARTY SHALL PAY ALL REASONABLE
COSTS OF LITIGATION OF THE PREVAILING PARTY, INCLUDING, BUT NOT LIMITED TO,
REASONABLE ATTORNEY'S FEES.
Some jurisdictions do not allow these limitations or exclusions, so they may not apply to you.
You agree to indemnify and hold Vizhon and its associates or other partners harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the services in any way, your connection to the services, your violation of the terms of this Agreement, or your violation of any rights of another.
You acknowledge and agree that the website and content incorporates and discloses proprietary information of Vizhon and its associates, and such proprietary information constitutes valuable trade secrets of Vizhon and its associates and may not be disclosed by you to any party at any time.
Vizhon reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services (or any part thereof including your license to use the services) with or without notice. You agree that Vizhon and its associates shall not be liable to you or to any third party for any modification, suspension or discontinuance of the services or any part thereof. Unless explicitly stated otherwise, any modifications to the services or any new features that augment or enhance or change the then current services or any part thereof and new web sites released as part of the services, shall be subject to the terms of this Agreement.
The term of this license shall be until terminated by Vizhon. In addition, this license and your rights to use the services will automatically terminate if you fail to comply with any provisions of this Agreement. If your subscription or membership requires continuing payments or renewal fees, this license and your rights to use the services will terminate upon non-payment of the aforementioned payments or fees, without a requirement of notice of termination. Upon termination, you will destroy all copies of the software and content and any other elements of the software or content in your possession or under your control. If you have complied with the terms of this Agreement and you have paid a subscription, or membership fee, for a license to use all or part of the services, and the license is terminated by Vizhon, Vizhon will make a pro rata refund in respect of the unexpired portion of the subscription or membership period.
Vizhon reserves the right at any time to charge fees for use or access to portions of the services or the services as a whole. If at any time Vizhon requires a fee for portions of the services that are now free (e.g. a subscription fee), Vizhon will notify you of such fees and give you the opportunity to cancel access to the services before such charges are imposed.
You will be deemed to have been notified in accordance with this Agreement if either:
- notice is sent by email to your registered email address;
- the notice or a link to the notice is posted on the home page of the website;
- the notice or a link to the notice is posted on any of the services to which you subscribe;
- notice is sent by SMS message to your registered mobile telephone address; or
- notice is posted by regular mail.
Vizhon will be deemed to have been notified in accordance with this Agreement if notice is either:
Vizhon and its associates supply data and or other services by way of monthly and/or annual subscriptions which require continuing payments. For your convenience such subscriptions will be billed on a recurring basis at the start of each respective (monthly or annual) billing period.
Monthly or annual subscribers may cancel their subscription at any time by 28 days advance notice to Vizhon. Vizhon may at its sole discretion refund annual subscribers for the unused portion of any such canceled subscription after deducting reasonable administration fees.
Vizhon and its associates may amend the fees charged for the services and will notify you of any such amendment that relates to your subscription. The amendment shall become effective from the date that you are notified. If, within 14 days of such amendment, you do not notify Vizhon of your intention to cancel your subscription you will be deemed to have accepted the amendment.
In consideration of your use of the services or any part thereof, you agree to:
- Provide true, accurate, current and complete registration data and
- Maintain and promptly update the registration data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or Vizhon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Vizhon has the right to suspend or terminate your account and refuse any and all current or future use of the services (or any portion thereof). You may receive a password and account name or other designation as part of your registration for all or part of the services. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
- Immediately notify Vizhon of any unauthorized use of your password or account or any other breach of security, and
- Ensure that you exit from your account at the end of each session.
Vizhon and its associates cannot and will not be liable for any loss or damage arising from your failure to comply with the terms of this Section.
Financial market information provided as part of the content is supplied by third parties. Use of this information is governed by the Market Data Suppliers Terms which can be viewed at http://www.incrediblecharts.com/legal_vizhon/market_data_suppliers_terms.php and these terms are hereby incorporated by reference into this Agreement.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Vizhon and its associates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Vizhon and its associates have no control over such sites and resources, you acknowledge and agree that Vizhon and its associates are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any information, content, advertising, products, services or other materials on or available from such sites or resources. You further acknowledge and agree that Vizhon and its associates shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such information, content, products or services available on or through any such site or resource.
This Agreement will be governed by and construed in accordance with the laws of the British Virgin Islands.
The parties irrevocably agree that the courts of British Virgin Islands shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with this Agreement or the legal relationship established thereby, and for those purposes irrevocably submit all disputes to the jurisdiction of the courts of the British Virgin Islands.
For the exclusive benefit of Vizhon, Vizhon shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where this Agreement is entered into in the course of your trade or profession, the country of your principal place of business.
The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.
This is the entire agreement between us relating to the services and supersedes any prior purchase orders, communications, advertising, or representations concerning the services. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.
Except for amendments to this Agreement that are posted at http://www.incrediblecharts.com/legal_vizhon/terms_of_use.php, no change or modification of this Agreement will be valid unless it is in writing and is signed by a duly authorized officer of Vizhon.
Computer records stored in reasonably secure conditions on the computer system of either party shall be accepted as evidence of communication, license agreement, and payments made between the parties.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the services or any part thereof must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about this Agreement, contact us at Support or write to us at:
Sea Meadow House
P.O. Box 116
Road Town, Tortola
British Virgin Islands
c/o INCREDIBLE CHARTS PTY LTD
PO Box 5182
Gold Coast Mail Centre