Effective Date: April 2, 2017
Thanks for using MacroSpike’s products and services (“ Services ”).
Want To Contact Us About This Agreement? Legal issues should be addressed to firstname.lastname@example.org.
I. Overview and Important Definitions
MacroSpike offers businesses and individuals access to a rich collection of programs and resources related to macroeconomic news events and online trading, including two standalone trading applications (FX BOLT and MACROTRADER), an economic calendar, trade plans, a community chat room, a blog, a charting application (MACROCHARTS).
Collectively, we’ll refer to these resources as the “Services” in this Agreement.
MacroSpike Services may be offered across a number of web domains, including, without limitation, MacroSpike.com, fxbolt.com, macrotrader.eu. We’ll refer to these domains as the “Sites” in this Agreement.
You may access the Sites or Services with a registered account as a user (“User”). While access to certain portions of the Sites and selected features of the Services is free, MacroSpike reserves the right to charge fees for features and benefits associated with the Sites or Services at any time.
A User who pays for any portion of the Sites or Services shall be referred to as either a “Subscriber” or “Customer” in this Agreement.
Now that we’ve gotten these definitions out of the way, let’s talk about terms specific to certain Services, followed by terms relevant to all Users, Subscribers and/or Customers.
II. Conditions Governing Subscriptions
MacroSpike offers subscriptions to various software as a service product (FX BOLT,
MACROTRADER) and these terms govern such subscriptions.
Payment for Subscriptions As a Subscriber, you must agree to the payment terms presented
to you at the time you sign up for Services on the Sites.
You are responsible for taking action prior to renewal if you do not want your subscription to renew automatically. You may not receive further notice of your renewal after signing up for a subscription, and you must visit your Subscription and Billing page to find out when your subscription is set to renew. Subscriptions recur either monthly or annually in most cases, depending upon the renewal term you choose during the signup process.
You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that information posted in connection with it is accurate, and that you are authorized to use that credit card. MacroSpike reserves the right to implement fraud-protection measures including, without limitation, temporarily charging small amounts to your credit card to determine that it is a valid credit card and you are authorized to use it.
Cancellation of Subscriptions. For security reasons, an email or phone call to MacroSpike is not sufficient to cancel your MacroSpike subscription, which you may cancel at any time by selecting the cancel button on your Subscription and Billing page. Cancellation does not entitle you to a refund under any circumstances. You will continue to have access to the Sites and Services you have paid for until the end of your subscription term but will lose access if the subscription is not in good standing.
No Refunds. MacroSpike is not obligated to provide you a refund at any time. If you choose to cancel your MacroSpike subscription during your subscription term, you will not be refunded, in whole or in part.
Multiple Subscriptions. Each MacroSpike account has a single credit card associated with it. If a subscription to one MacroSpike service is suspended due to MacroSpike inability to process
that credit card and you subscribe to a second MacroSpike service while that first service is suspended (by, for example, changing the credit card associated with your account) but before it is cancelled (a period which is currently 18 days, but is subject to change), MacroSpike reserves the right to use the valid payment method associated with the second service to reinitiate the suspended service.
III. Conditions Governing All Users of MacroSpike Sites and Services The Services are available only to Users:
- Who are human and 13 years of age or older, and Users who are also Subscribers or Customers must be at least 18 years old
- Who submit truthful and accurate information about themselves and maintain the accuracy of such information
- Who do not impersonate any other person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Sites.
- With a valid email address.
- Who do not to authorize others to use their account, profile, or messages.You agree to inform MacroSpike immediately upon learning of a security breach that relates to your account or a third party’s improper use of the Services in connection with your account.You agree that your rights in a subscription or use of any paid Services may be dependent upon demonstrating that you have paid for the subscription or Sites.You acknowledge that if you sign up for any Services and pay via credit card, and MacroSpike cannot charge your credit card at renewal, MacroSpike may cancel your subscription and you may lose access to the Services and any data associated with your subscription.
While some Services may be paid for via invoice by mutual written agreement by you and MacroSpike, MacroSpike reserves the right to quote additional fees for invoiced accounts. If MacroSpike has entered into an invoicing relationship with you, the following terms apply unless superseded by written agreement: you agree to pay all undisputed invoices within 30 days. You agree that MacroSpike may charge interest of 1.5% per month for past due invoices, or the highest rate permitted by law, and you agree to be liable for reasonable attorney fees and collection costs arising from MacroSpike’s efforts to collect on past due amounts; If you fail to pay an invoice, MacroSpike reserves the right to cancel your subscription, access to any Services, and any data associated with your subscription or the Services.
You acknowledge that portions of the Sites and Services are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers, and other similar programs.
IV. User Obligations Regarding User Generated Content
Any information, profiles, data, text, links, articles, software, photographs, graphics, video, music, sound, messages, or other materials that a User uploads, publishes or displays on the Sites or in connection with the Services, whether publicly posted or privately transmitted, shall be referred to herein as “User Generated Content.” Users assume the following obligations with User Generated Content:
- Users assume legal responsibility for all User Generated Content.
- Users agree that no copyright, trademark, trade secret, publicity or privacy rights, or other intellectual property rights are being violated by your posting, transmission or sharing of any User Generated Content via the Sites or Services.
- Users agree not to post, transmit, or share User Generated Content on the Sites or Services that User does not have permission to post, transmit or share.
V. MacroSpike Obligations Regarding User Generated Content
MacroSpike assumes no obligations to screen and does not routinely pre-screen User Generated Content posted via the Sites or in connection with the Services. MacroSpike does not guarantee the accuracy, integrity, appropriateness, quality, or validity of User Generated Content. User Generated Content does not necessarily represent the views or opinions of MacroSpike and under no circumstances will MacroSpike be liable in any way for any User Generated Content, including without limitation liability related to any loss or damage of any kind incurred as a result of the use of any User Generated Content posted, emailed, or otherwise transmitted via the Sites. As such, you are solely responsible (at your own expense) for creating backup copies and replacing any User Generated Content you post or store on the Sites or otherwise provide to MacroSpike. Notwithstanding its lack of obligation, MacroSpike may remove any User Generated
Content at any time at its sole discretion, including User Generated Content that in the sole judgment of MacroSpike violates this TOU or which may be offensive, illegal, or violates the rights of any person or entity, or harms or threatens the safety of any person or entity. MacroSpike assumes no obligation to maintain or store your content. MacroSpike may delete, modify, or restrict the display of User Generated Content at any time for any reason, including but not limited to a change in Subscriber account level, Services cancellation, violation of the TOU, or violation of the MacroSpike Community Etiquette; once deleted, User Generated Content may not be retrieved.
VI. MacroSpike’s Permitted Use of User Generated Content and User Data.
MacroSpike does not claim ownership of User Generated Content. Subject to the rights granted to MacroSpike in this TOU, you retain full ownership of all of User Generated Content to the extent you would otherwise have intellectual property rights or other proprietary rights associated with it.
When you post User Generated Content to the Sites, you authorize and direct MacroSpike to make such copies as MacroSpike deems necessary to facilitate the posting and storage of User Generated Content on the Sites and provide the Services to you.
You further authorize MacroSpike to anonymize and aggregate User Generated Content and any data you share with us (“User Data”), including data associated with your google analytics and social media profiles. You authorize MacroSpike to use such content and data, by way of example and not limitation, to enable MacroSpike to provide current or future services and for benchmarking, research and development, data products, or other marketing purposes. By choosing to post, upload, or transmit data to the Sites (including authorization to access any third party account or profile), you grant MacroSpike, its affiliates and partners an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license (with the right to sub-license) to use anonymized and aggregated User Generated Content and User Data, in all present and future media, and in any manner relating to the Sites or Services.
You may remove Interactive Content from the Sites at any time. If you choose to remove Interactive Content, any license granted above for the content shared by on you on the community portions of the Sites will remain in effect. You acknowledge that MacroSpike may retain archived copies of such Interactive Content.
VII. Services Limitations.
MacroSpike may establish limits concerning use of the Services at its discretion, including by way of example the frequency with which you may access the Services or your ability to post User Generated Content. MacroSpike reserves the right to modify or discontinue the Services (including any part or feature thereof) at any time without notice. You agree that MacroSpike shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
VIII. Beta Services
From time to time, MacroSpike may add new features to the Services that may be described as “beta” services or features (collectively, “Beta Features”). Beta Features will be considered part of the Services and all provisions of this Agreement relating to the Services will apply to the Beta Features as well. Users acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Services.
If you elect to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, MacroSpike disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running of your software or hardware is borne entirely by Users.
IX. Trademarks; Copyrights; Proprietary Rights
MacroSpike owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Sites (“MacroSpike Content”). MacroSpike Content specifically excludes User Generated Content.
MacroSpike owns the copyrights, trademarks, service marks, trade names and other intellectual property and proprietary rights throughout the world associated with MacroSpike Content, the Sites, and the Services.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the MacroSpike Content in whole or in part except as expressly authorized in writing by MacroSpike. MacroSpike does not grant any express or implied rights in MacroSpike Content to Users, and all rights in and to the Sites and to MacroSpike’s Content are retained and reserved by MacroSpike.
Moreover, the term MacroSpike and anything on the Sites that identifies or distinguishes MacroSpike from other goods are services are registered or unregistered trademarks of MacroSpike (the “MacroSpike Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the MacroSpike Trademarks without MacroSpike’s prior written consent.
X. User Indemnification of MacroSpike for Certain Actions
XI. MacroSpike Warranties and Limitations
MacroSpike provides the Services “as-is”. MacroSpike provides no express warranties, guarantees, or conditions related to the Sites or Services. To the extent permitted by law, MacroSpike disclaims any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement, and including those arising by usage of trade, the course of dealing, or course of performance. Without limiting the generality of the foregoing, MacroSpike does not warrant that the Sites or Services will be accurate, error-free, virus-free, or uninterrupted or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
XII. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that MacroSpike cannot provide the Services at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Sites or Services, you agree to limit MacroSpike’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between MacroSpike and you as a User.
MacroSpike does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Sites or Services, or (ii) adopt, endorse or accept responsibility for the
accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Sites. Under no circumstances will MacroSpike or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Sites or transmitted to or by any Users.
To the extent permitted by applicable law, MacroSpike shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Sites or Services, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Services or any part thereof) the Sites or Services. Without limiting the foregoing, you specifically acknowledge that MacroSpike is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Sites, Services or its content; third-party Internet sites, programs or conduct; viruses or other disabling features; incompatibility between the Services and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Services in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose; or even if MacroSpike knew or should have known about the possibility of the damages.
Some states, provinces, and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XIII. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically and without limitation, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the country in which you reside.
XIV. Miscellaneous Clauses
Changes to Services. MacroSpike may change the Services from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Services. MacroSpike reserves the right to cancel, suspend, or block your access to the Sites or Services at its sole discretion for violations of these terms, the MacroSpike Community Etiquette, or for any other
reason and without notice (subject to any contractual rights you have with specific Services), and access to any Services is dependent upon you complying with any applicable laws.
Electronic Form. By accessing the Sites or Services, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If MacroSpike must send you additional information regarding the Sites or Services, or in connection with this Agreement, you consent to receive this information electronically. MacroSpike may provide required information to you by email at any address you registered with the Sites or Services or via the Sites or Services itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. MacroSpike is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. MacroSpike may assign rights or delegate duties under this TOU in connection with a merger, reorganization, or sale of substantially all of its assets. This TOU will bind successors and permitted assigns.