Terms & Conditions
Subscription / trial terms and conditions
1. Definitions and interpretation
1.1 In these Conditions the following definitions apply:
Authorised User: an individual nominated by you to receive the selected Products and access the Website on your behalf.
Brand: the particular brand of the Product you have subscribed to.
Conditions: these terms and conditions as amended from time to time in accordance with clauses 5.8 or 18.
Contract: the contract between you and us for your subscription to the selected Products incorporating these Conditions.
Data: the data accessible to subscribers to Data Products via our Website.
Data Products: our directory and database Products, including those under the EuroHedge, AsiaHedge, InvestHedge, AR: Absolute Return + Alpha Brands and any other such Products as we introduce from time to time.
Newsletters: our Newsletter Products, including AR: Absolute Return + Alpha, AsiaHedge, EuroHedge and InvestHedge and any other such Products as we introduce from time to time.
Products: our Data Products and Newsletters.
Qualifying Persons: a person in one of the categories specified in paragraph 1 of Schedule 1.
Website: our website at www.hedgefundintelligence.com.
We, us, our: Hedgefund Intelligence Limited, a company registered in England and Wales with company number 03665540 and whose registered office is at Nestor House, Playhouse Yard, London, EC4V 5EX, United Kingdom.
You, your: the subscriber whose details appear on the order form or Website application.
1.2 In these Conditions, the following rules apply:
(a) a person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality);
(b) a reference to a party includes its successors and permitted assigns; and
(c) any phrase introduced by the words “including”, “include”, “in particular” or “similar” shall be construed as illustrations and shall not limit the sense of the words preceding those terms.
2. Basis of sale, commencement, term
2.1 These Conditions are the terms and conditions on which we will provide your subscription to your selected Products. These are the only terms and conditions upon which we are prepared to provide subscriptions and will govern the Contract between us to the exclusion of all others.
2.2 The terms set out in Schedule 1 “Additional terms and conditions for subscribers in the USA”, will apply only to subscribers based in the USA or whose subscription is for use in the USA.
2.3 By submitting your order for a subscription and paying the price, you are making an offer to us to subscribe to the Products you have selected subject to the Conditions. We are required by financial regulation to vet applications in certain circumstances and reserve the right to refuse any subscription application at our complete discretion, for any or no reason. Acknowledgement of receipt of your order does not represent acceptance of your offer. The Contract will only be formed and your subscription will commence when we advise you that your order has been accepted or provide you with access to the Website or start sending copies of the Newsletter, as applicable, whichever is the sooner. If we do not accept your application we will refund any money paid.
2.4 Unless otherwise agreed between us in writing and subject to renewal, your subscription will be for a period of one year. The Conditions shall apply for the duration of your subscription, including any renewal periods.
3. Authorised User(s)
3.1 You shall nominate an Authorised User or Users who shall be a natural person authorised to receive the Products and access the Website on your behalf.
3.2 You shall ensure that the number of Authorised Users does not exceed the number of subscriptions you have purchased from time to time, and will not allow more than one Authorised User to access the Website under any one subscription unless their subscription has been reassigned in its entirety to another individual Authorised User, in which case the prior Authorised User shall no longer have any right to access the Website.
3.3 You shall ensure that Authorised Users and any other persons to whom Data is disclosed in accordance with the Contract comply with these Conditions.
4. Website access
4.1 Access to the subscription only parts of the Website is by username and password. You shall ensure that each Authorised User keeps his/her password confidential and does not allow any other person to use it to access the Website.
4.2 You are responsible for all use of the Website made by any person using the username and password of an Authorised User. You must notify us immediately by emailing email@example.com if you believe there has been a breach of security such as the disclosure, theft or unauthorised use of such a username and password.
4.3 We reserve the right to monitor use of the Website by individual Authorised Users for excessive use and to ensure compliance with these Conditions.
4.5 We shall use reasonable endeavours to ensure that the Website is available for the duration of the Contract, but you acknowledge that downtime will inevitably occur as a result of planned maintenance and unplanned service disruption.
5. Subscriptions to Data Products
5.1 Subscriptions to Data Products shall be delivered exclusively online.
5.2 For each Data Product subscription you have purchased and for the duration of that subscription we grant you one non-exclusive non-transferable licence to permit an Authorised User to access and use the Data of that particular Product in accordance with these Conditions.
5.3 Each Authorised User is permitted to access, print, reproduce, display, download or store the Data to the extent reasonably necessary for the purpose of their own personal use within the course of your business which may include the performance of Data aggregation, analysis and interpretation.
5.4 The results of such aggregation, analysis and interpretation may be used and disclosed in reports and presentations made by the Authorised User on your behalf provided that, where our Data or specific fund information remains identifiable or can be readily extracted, we and the relevant Brand are acknowledged as the source of the original data and such reports and presentations are only distributed or shown internally or to accredited investors, hedge fund professionals or, in the case of US residents, Qualifying Persons.
5.5 Authorised Users may use the Data as an input to internal or proprietary industry specific data processing applications (such as Pertrac, PackHedge and similar analysis tools) provided that by doing so the Data does not become available in unmodified form or readily extractible by any persons other than Authorised Users.
5.6 Authorised Users shall not disclose, disseminate, distribute or make available unmodified Data or Data which has been modified but remains identifiable or readily extractible to any other person in any way other than:
(a) to persons within your immediate organisation in which case such persons shall be under the same restrictions as to use as the Authorised User; or
(b) in reports and presentations made on your behalf provided that these are only distributed or shown internally or to accredited investors, hedge fund professionals or, in the case of US residents, Qualifying Persons,
in each case provided that:
(i) no more than 5% of the available Data in respect of each Product is so disclosed; and
(ii) we and the relevant Brand are acknowledged as the source of the Data.
5.7 All other use is expressly prohibited without our prior written consent.
5.8 We reserve the right to amend the terms of your licence from time to time without notice.
6. Newsletter subscriptions
6.1 Newsletters are delivered in hard copy format and online.
6.2 We shall send your Authorised User one paper copy of each selected Newsletter that we publish during the term of your subscription. These shall be sent by post or such other reasonable delivery method as we choose. You are responsible for providing full and accurate address and delivery details. We shall use reasonable endeavours to ensure delivery but are not liable for non-delivery if copies are properly addressed and despatched. In case of non-delivery we may decide to send additional copies at our discretion.
6.3 Newsletter content, in both hard copy and electronic format, is for the personal use of the Authorised User within the course of your business only and may not be distributed or disseminated in any form, electronically or otherwise, without our prior written consent. Authorised Users shall not distribute or make available the data section of the Newsletters, whether accessed in hard copy or online, to any other person.
7. Price and payment
7.1 The price of your subscription is as set out on the order form or listed on the Website.
7.2 All prices are exclusive of VAT.
7.3 Unless otherwise agreed between us in writing all subscriptions must be paid for in advance with your application.
7.4 We reserve the right to change our subscription charges at any time, but such changes will only apply to your subscription from renewal. We will notify you of any such changes when renewal is due.
8. Intellectual Property
8.1 Unless stated otherwise, we are the owner or licensee of all intellectual property rights, including without limitation copyright and database rights, in the Products, the Website and their contents. All such rights are reserved.
8.2 You are only permitted to use such materials in accordance with the rights expressly granted by the Contract. No other rights are granted and no intellectual property rights are transferred.
9. Third Party Material
Our Products and Website contain advertising and other material supplied by third parties and links to third party websites. It is the responsibility of such advertisers and third parties to ensure that such material complies with all applicable laws and regulations. To the fullest extent permissible by law we disclaim all responsibility for the accuracy, completeness, timelines or fitness for purpose of any such material or the contents of any such sites and shall not be liable for any loss or damage that may arise from your use of or reliance on such material or sites. Any agreements, transactions or other arrangements made between you and any third party are entirely at your own risk.
10.1 The Contract will continue for as long as you are a fully paid up subscriber.
10.2 We may terminate the Contract at any time by giving notice in writing if you are in breach of any of your obligations.
10.3 No refunds will be given if the Contract is terminated before the end of a subscription period.
11. Warranties and liability
11.1 Whilst we aim to compile the Products with reasonable care and skill we do not give any warranty or other assurance or make any representations as to the content appearing on the Website or in any of our Products or the Data, its accuracy, completeness, timeliness, quality or fitness for purpose.
11.2 Such content is intended for general information only and does not constitute any form of investment advice. We make no recommendation, advice, representation or endorsement in respect of any particular fund, fund manager, fund performance or otherwise. Content is not intended to be and should not be relied upon by you or any other person when making investment decisions. We do not accept any liability for any investment decisions taken in reliance on the information provided. You acknowledge that the way in which you interpret or use such content is dependent upon the exercise of your own and your Authorised User’s skill and judgment.
11.3 If Data is exported from the Website we accept no liability as to the accuracy, quality or completeness of any subsequent analysis.
11.4 We shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise for any damage to software or systems, loss of data, loss of profit or any indirect or consequential loss arising under or in connection with the Contract.
11.5 Our total liability to you in respect of all other losses, whether in contract, tort (including negligence), breach of statutory duty or other shall not exceed the price paid by you under the Contract for the calendar year in which any claim arises.
11.6 Except as set out in these Conditions, all warranties, conditions and other terms implied by statute or common law are to the fullest extent permitted by law extended from the Contract.
12. Entire agreement
The Contract constitutes the entire agreement between us and supersedes any prior agreements or arrangements which may have existed. You acknowledge that you have not relied on any statement, promise or representation made or given by or on our behalf which is not set out in the Contract.
13. Force majeure
13.1 For the purposes of this Contract, Force Majeure Event means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or the workforce of any other party), failure of a utility service or communications or computer network or the internet, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors.
13.2 We shall not be liable to you as a result of any delay or failure to perform our obligations under this Contract as a result of a Force Majeure Event.
14. Assignment and subcontracting
14.1 We may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of our rights under the Contract.
14.2 You shall not, without our prior written consent, assign, transfer or deal in any other manner with all or any of your rights or obligations under the Contract.
15.1 A waiver of any right under the Contract is only effective if it is in writing and shall not be deemed to be a waiver of any subsequent breach or default. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor preclude or restrict its further exercise. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
15.2 Unless specifically provided otherwise, rights arising under the Contract are cumulative and do not exclude rights provided by law.
16.1 If a court or any other competent authority finds that any provision of the Contract (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed deleted, and the validity and enforceability of the other provisions of the Contract shall not be affected.
16.2 If any invalid, unenforceable or illegal provision of the Contract would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17. Third parties
Except as expressly provided elsewhere in these Conditions, a person who is not a party to the Contract shall not have any rights under or in connection with it.
Subject to clause 5.8 any variation, including the introduction of any additional terms and conditions, to the Contract, shall only be binding when agreed in writing and signed by both parties.
19. Governing law and jurisdiction
This Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with, English law, and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of England.
Schedule 1 Additional terms and conditions for subscribers in the USA
In the US, SEC regulations require that subscribers fall into one of the following categories.
In order that we may confirm your eligibility please tick the appropriate description.
You hereby certify that you are:
□ not resident in the United States of America.
□ a qualifying individual: a natural person whose net worth or joint net worth with your spouse, exceeds $1,000,000 excluding the value of the primary residence of such person or who had an individual income in excess of $200,000 in each of the last two calendar years, or whose joint income with your spouse was in excess of $300,000 in each of such years, and you reasonably expect to reach the same income level in this calendar year.
□ a qualifying entity: a corporation, partnership, limited liability company, business trust or a tax-exempt organisation described in Section 501(c)(3) of the Internal Revenue Code of 1986, amended, with total assets in excess of $5,000,000 and which was not formed for the purpose of investing in any of the funds listed in the Products (each, a “Fund”; collectively the “Funds”).
□ a qualifying personal trust: a personal (non-business) trust with total assets in excess of $5,000,000 and which was not formed for the purpose of investing in any of the Funds. Any decision by you to invest in the Funds will be directed by a person who has such knowledge and experience in financial and business matters so as to be capable of evaluating the risks of an investment in a Fund.
□ a qualifying employee benefit plan: an employee benefit plan within the meaning of Title 1 of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), and which satisfies at least one of the following conditions:
(i) your total assets exceed $5,000,000; or
(ii) investment decisions are made by a plan fiduciary, as such term is defined in Section 3(21) of ERISA, and such fiduciary is a bank, savings and loan association, insurance company or registered investment adviser; or
(iii) it is a self-directed plan (i.e., a tax-qualified defined contribution plan in which a participant may exercise control over the investment of assets credited to his or her account) and the decision to invest is made solely by the participants investing, and each such participant is an accredited investor.
□ a qualifying individual retirement account: an Individual Retirement Account in which all of the participant(s) are accredited investors because each participant has a net worth in excess of $1,000,000 or has had an individual income of in excess of $200,000 (or a joint income with spouse in excess of $300,000) in each of the last two calendar years and reasonably expects to reach the same income level in the current year.
□ a qualifying state benefit plan: an employee benefit plan established and maintained by a state, its political subdivisions, or any agency or instrumentality of a state or its political subdivisions, and which has total assets in excess of $5,000,000.
□ a qualifying insurance company or small business investment company: licensed, or subject to supervision, by U.S. Federal or state examining authorities as a "savings and loan association", "insurance company" or "small business investment company" (as such terms are used and defined in 17 CFR §230.501 (a)) or an account for which a bank or savings and loan association is subscribing in a fiduciary capacity and over which such fiduciary exercises investment discretion.
□ a qualifying broker or investment company: registered with the U.S. Securities and Exchange Commission as a broker or an investment company; or elected to be treated or qualifies as a "business development company" (within meaning of Section 2(a)(48) of the Investment Company Act of 1940, as amended (the "Company Act")).
□ a qualifying entity in which all equity owners are each qualified as one of the above.
□ an industry professional (please specify) ……………………………...
By completing the above you are certifying your status. We will rely on this certificate in determining your eligibility to receive the Products and the Funds will rely on this certificate in determining their compliance with US federal and state security laws.
2. Restrictions on Investment Activity
You agree not to and shall procure that Authorised Users shall not invest in any Fund whose performance is published in the Product for at least 30 days after receipt of such Product, unless you or your affiliates or Authorised Users already invest in, have already been solicited for, or are already actively considering an investment in such Fund.
3. No Redistribution of the Product
You agree not to and shall procure that Authorised Users shall not deliver, disseminate or otherwise redistribute the Products to anyone other than as permitted under the terms of clauses 5 and 6 of the main part of these Conditions. You agree and acknowledge that any other redistribution of such information could constitute or result in any of the following with respect to one or more of the Funds: (i) making a public offering of securities that would be required to be registered under Section 5 of the Securities Act of 1933, as amended; (ii) making a public offering of securities within the meaning of Sections 3(c)(1) or 3(c)(7) of the Company Act, that would render unavailable to a Fund the exclusion from the definition of "investment company" provided by those sections; and (iii) the investment manager of any Fund holding itself out generally to the public as an investment adviser within the meaning of Section 203(b)(3) of the Investment Advisers Act of 1940, as amended.
4. You shall indemnify us and any Fund so affected against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by us or the Fund arising out of or in connection with:
(a) your certificate provided under paragraph 1 being untrue or inaccurate such that you are not a Qualifying Person;
(b) your ceasing to be a Qualifying Person and continuing to receive the Products; or
(c) any breach of your obligations under Schedule 1.
5. You agree to notify us promptly if your qualification status under paragraph 1 changes and shall be required to certify compliance with the provisions of these Conditions upon request.
Terms of website use
If you have a subscription to any of our database, directory or newsletter products, these terms are subject to and varied by the terms of your subscription.
Information about us
www.hedgefundintelligence.com is a site operated by Hedgefund Intelligence Limited ("We"). We are a limited company registered in England and Wales under company number 03665540 and have our registered office at Nestor House, Playhouse Yard, London, EC4V 5EX. Our VAT number is 748991467.
Accessing our site
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
When using our site, you must comply with the provisions of our acceptable use policy below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
· All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
· Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
Information about you and your visits to our site
Subscriptions concluded through our site
Contracts for subscriptions to our database, directory and newsletter products formed through our site or as a result of visits made by you are governed by our subscription terms and conditions.
Uploading material to our site
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our acceptable use policy below. You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
Any material you upload to our site will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
We have the right to remove any material or posting you make on our site if, in our opinion, such material does not comply with the content standards set out in our acceptable use policy.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in our acceptable use policy below.
If you wish to make any use of material on our site other than that set out above, please address your request to firstname.lastname@example.org.
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Jurisdiction and applicable law
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please contact email@example.com.
Thank you for visiting our site.
Acceptable Use Policy
You may use our site only for lawful purposes. You may not use our site:
· In any way that breaches any applicable local, national or international law or regulation.
· In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
· To upload, link to or publish any investment recommendation or advice or solicit or discourage any particular investment.
· To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
· To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
· To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
· Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use or, if you are a subscriber, our subscription terms and conditions.
· Not to access without authority, interfere with, damage or disrupt any part of our site, any equipment or network on which our site is stored, any software used in the provision of our site or any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation chat rooms and bulletin boards (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
· Be accurate (where they state facts).
· Be genuinely held (where they state opinions).
· Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
· Contain any material which is defamatory of any person or which is obscene, offensive, hateful or inflammatory.
· Promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
· Infringe any copyright, database right or trade mark of any other person.
· Recommend, endorse, promote or discourage any particular investment or be capable of being construed as investment advice.
· Have the purpose of affecting the price or value of any investment.
· Be likely to deceive any person.
· Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
· Promote any illegal activity.
· Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.
· Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
· Give the impression that they emanate from us, if this is not the case.
· Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
· Immediate, temporary or permanent withdrawal of your right to use our site.
· Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
· Issue of a warning to you.
· Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
· Further legal action against you.
· Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.