TERMS OF USE

Terms of Use of the FXStreet website and FXStreet Premium service and advice issued in conjunction with the FXStreet website and FXStreet Premium service.

By accessing and using the FXStreet website and/or the FXStreet Premium website (henceforth "Web Site") and accessing and using whatsoever advice issued in conjunction with the Web Site (the "Advice"), you are agreeing to be legally bound by these Terms of Use.

1. General

FOREXSTREET S.L.
Portaferrissa 7, 1r 2a
08002 Barcelona
Catalonia - Spain

Tel. +34 93 304.04.95
Fax. +34 93 304.04.98
N.I.F.: B-62498233

Registered with the Trade Registry of Barcelona: T.33351, F.135, H.B230633, registering date March 9 2001

By using the Web Site, you are representing to FOREXSTREET, S.L., a company incorporated in Spain (henceforth "FOREXSTREET") that you are at least 18 years old (or the minimum legal age in the jurisdiction in which you are viewing this Web Site). You may not use the Web Site for any unlawful purpose. FOREXSTREET may change any term in these Terms of Use at any time. The changes will appear in these Terms of Use, and your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all changes. Therefore, you should read these Terms of Use each time you access the Web Site, before you begin using the Web Site. You may print a copy of these Terms of Use for your reference.

You understand and agree that FOREXSTREET may discontinue or change the Web Site at any time, without notice. You also understand and agree that FOREXSTREET may discontinue or restrict your use of this Web Site for any reason without notice.

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2. Privacy Policy

FOREXSTREET is committed to protecting your privacy. This "Privacy Policy" describes how we collect, store and use information on individuals that use this Web Site.

2.1 FOREXSTREET’s Privacy Pledge

FOREXSTREET complies with the legal requirements set out in the Spanish Personal Data Protection Act 15/1999, of December 13th ("Ley Orgánica de Protección de Datos Personales"). The term "personal data" as used in this Policy refers to information such as your name, e-mail address or mailing address, or any data that can be used to identify you. We ensure that our staff and those acting on our behalf obtain, use and disclose personal information lawfully and correctly.

2.2 Right of information

In compliance with the Spanish Personal Data Protection Act ("Ley Orgánica de Protección de Datos Personales"), FOREXSTREET informs you of the existence of an automated data file for which FOREXSTREET assumes sole responsibility. The referred file has been duly registered with the Spanish Data Protection General Registry.

FOREXSTREET also informs you that the collection and processing of personal data is aimed at providing you with services offered by this website and to send you commercial information on products or services you may be interested in.

FOREXSTREET will store these data as long as it is reasonably necessary to attain the mentioned purposes and in accordance with any applicable legal or ethical requirement.

FOREXSTREET informs you that your data will be stored on a series of servers which have implemented the necessary security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure and/or access to the above-mentioned data. By submitting us your data you give your express consent to such transfer of data.

2.3 Consent to use information

By using this Web Site, or providing information to us in other formats, you consent to the collection and use of this information by FOREXSTREET. In addition, you are committed to supplying true, complete and accurate information and to keeping it up to date.

2.4 Mandatory and optional information

In order to use our services, users may be asked to fill in a form, which requires providing certain personal information to FOREXSTREET. Unless otherwise provided in those fields expressly marked with an asterisk (*), answers to our questions on personal data are not mandatory. Not supplying the information required in such optional fields shall not represent any decrease of the services and information that we may provide. However, failure to complete those compulsory fields or providing incorrect personal data shall prevent us from providing the requested information or services.

2.5 Rights of access, rectification, cancellation and objection

FOREXSTREET informs you of the possibility of exercising your rights to access, rectify, cancel and object to the processing of your personal data simply by making a written request to FOREXSTREET using the contact form..

Your requests will be dealt with in a prompt and proper manner.

2.6 Security and confidentiality

FOREXSTREET guarantees, in accordance with the terms set out in the Spanish Personal Data Protection Act ("Ley Orgánica de Protección de Datos Personales"), that your personal data will be treated with the strictest confidentiality, and that the server in which these data will be stored and dealt with has implemented the necessary industry-standard security measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access to the above-mentioned data.

2.7 Internal, external and survey communications by e-mail to registered users

If you are a registered user of FXStreet, the following conditions apply:

a.Updates notifications: FOREXSTREET will send you sporadic e-mail updates for new features and services that we think may be of interest to you. You can choose not to receive these messages in the future by opting out of these specific notifications in your account settings or by clicking "unsubscribe" when you receive such email.

b.Survey invite: We may send you an e-mail inviting you to participate in user surveys in order to collect feedback of our services. This information will help us to improve our services and products and will not be shared with any third parties. You can revoke these invitations at any time by sending a request using the contact form.

c.Third party communications: The sending of commercial communications containing information on services or products from third parties will only be allowed in respect of users who have given their prior consent. These e-mails will be sent by FXStreet and your data will not be shared with any third parties. Your consent to receive these e-mails may be revoked at any time in your account settings.

2.8 Cookies and spamming

What are cookies?

Cookies are simple text files which are stored on users’ browsers by the websites. Cookies are used to help provide a better navigation experience. They are widely used to make websites work more efficiently for visitors and to provide website owners with traffic information. Cookies cannot carry viruses or install malware. Cookies allow the server to deliver personalized pages for the users. When users load the website, the browser retrieves their previous activity. This allows the browser to keep the user logged in and many other functions that make the navigation more effective.

There are different types of cookies for the different functions. None of them contain personally identifiable data, which means the website doesn’t know the visitor’s name or any personal information by collecting cookies. The users can opt out of all cookie collection at any time.

The types of cookies are:
1.Essential cookies:

Some cookies are strictly necessary for the operation of our websites. Without them, some parts of our websites would not function properly.  These cookies do not track user activity or gather user information.

2.Non-essential cookies:

These cookies are not essential for correct browsing, but help make navigation and collection of user activity information easy and effective.

Functional cookies

These cookies are used to remember visitors’ usability settings and preferences on our websites for optimal navigation. They record information about the choices the user has made, and allow tailoring the website according to the users’ needs. It also saves the users having to reenter information -such as login- each time they enter our websites.

Performance

These cookies are used to monitor the general use of our websites. We use the Google Analytics tool, provided by Google Inc., through which we can monitor how many pageviews, visits and unique visitors we receive. The data collected is used to analyse how the website is found, how many users return, which are the most visited pages, etc. This information is collected via the user IP, but it’s non-personally identifiable, even if the visitor is logged in. The collected data helps us understand which sections of the site are more interesting and performing better and which need improving.

Behavioural advertising

We use cookies to work out which advertising might be most relevant to each user based on the visited sections and IP address geolocation. A trusted third party ad serving provider cookie is stored to effectively deliver relevant advertising throughout our websites and other sites that use compliant ad exchange networks. Although behavioural advertising cookies can track users’ posterior activity, they cannot identify users personally, even if signed in into our website. Without these cookies, the advertising shown will be less relevant to users.

What cookies does FXStreet use?
First Party cookies:

These are cookies hosted by FXStreet itself. These are used to know visitors’ settings within our site, such as:

  • Identifying returning registered users and eliminating their need for logging in each time
  • Identifying users preferences and compatibility for viewing our rates and charts
  • Not showing pop up ads more than once per week
  • Occasional cookies for specific actions, such as surveys, …
Third Party cookies:

These are cookies hosted by different services we use within our site, such as:

  • Social media channels
  • Commenting on FXStreet
  • Delivering ads
  • Tracking user activity
  • Tracking site performance
When do these cookies expire?

Different cookies have different expiration dates. Some are weekly (eg: showing of pop up ad), others have long term expiration dates (site performance tracking).

How can users manage cookies or opt out?

Visitors can opt out of cookies at anytime, but they must be aware this might affect several of our site features, as cookies are needed for the correct site operation. Users have full control of the collection of cookies within their browsers. Some browsers allow blocking some (first/third party) or all cookies. The preferences may also be set according to the user’s privacy settings:
Chrome / Firefox / Internet Explorer / Safari

What happens if users disable cookies?

Disabling cookies would affect the optimal navigation of our websites, as some functionalities would become unavailable. Registered users would have to login in each visit and pop up ads might be shown each time as well.

Updating of cookie policy

Our websites’ cookie policy may be updated at any time. Users are advised to visit this policy when possible.

Spam

We do not send "spam". Spamming is defined as sending unsolicited e-mails, usually of a commercial nature, in large numbers and in a repeated manner, to individuals with whom the sender has had no previous contact or who have declined to receive such communications.

This website uses the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our site. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to the FXStreet website. Any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.

Users can set preferences for how Google advertises to them by using the Google Ad Preferences page, as well as opt out of interest-based advertising entirely by cookie settings.

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5. ADDITIONAL LEGAL TERMS

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of Spain, as if these Terms of Use were a contract wholly entered into and wholly performed within Spain. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between FOREXSTREET and you regarding this Web Site and its Content and Advice.

2.9 IP Addresses

FOREXSTREET logs IP addresses on the Web Site, or the location of your computer on the Internet, for system administration and troubleshooting purposes. We do not use IP address logs to track your session or your behaviour on this Web Site . IP addresses are used to compile general traffic information. We will not attempt to identify individual users through their IP addresses.

2.10 Links to other websites

This Privacy Policy applies only to this Web Site, excluding third party websites, as we may provide links to other websites which we believe may be of interest to our visitors. We aim at ensuring that such websites are of the highest standard. However, due to the nature of the World Wide Web, we cannot guarantee the standards of every linked website or be responsible for their content.

2.11 Updates to this policy

Should FOREXSTREET amend this Privacy Policy in order to adapt it to new legal requirements, we will immediately post the changes on this page so that you are always aware of what information we gather, how we use it, and under what circumstances we disclose it.

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3. Disclaimer of Warranties and Liability

Due to the number of sources from which the Content and the Advice is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and Advice and the Web Site.

THE CONTENT AND ADVICE AND THE WEB SITE ARE PROVIDED "AS IS", WITHOUT ANY WARRANTIES. FOREXSTREET S.L. AND ITS AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, TIMELINESS, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT AND ADVCIE AVAILABLE THROUGH THE WEB SITE, OR THE WEB SITE ITSELF, AND FOREXSTREET S.L. HEREBY DISCLAIMS ANY SUCH EXPRESS OR IMPLIED WARRANTIES. NEITHER FOREXSTREET S.L. NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY, OTHER THAN DEATH OR PERSONAL INJURY RESULTING DIRECTLY FROM USE OF THE WEB SITE, CAUSED IN WHOLE OR PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AND ADVICE AT THE WEB SITE. IN NO EVENT WILL FOREXSTREET S.L., ITS AFFILIATES, AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR ADVICE OR THE WEB SITE. FOREXSTREET S.L. AND ITS AFFILIATES, AGENTS AND LICENSORS SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES), OTHER THAN DIRECT DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES OR THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES, PARTS OR ALL OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

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4. Link to Third Party Sites

This Web Site contains hyperlinks to web sites operated by persons other than FOREXSTREET. Such hyperlinks are provided for your reference and convenience only. You agree not to hold FOREXSTREET responsible for the content or operation of such web sites. A hyperlink from this Web Site to another web site does not imply or mean that FOREXSTREET endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from this Web Site.

If you wish to make purchases from an area of the Web Site or a "co-branded" web site operated by a person other than FOREXSTREET (a "Co-Branded Site"), you may be asked by the merchant or operator of the Co-Branded Site or other person from whom you are making the purchase to supply certain information, including credit card, debit card, or other payment mechanism information. You agree not to hold FOREXSTREET liable for any loss or damage of any sort incurred as a result of any such dealings with any Co-Branded Site or merchant or operator of the Co-Branded Site or other person from whom you are making the purchase. You agree that all information you provide in connection with such purchase will be accurate, complete and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment mechanism at the prices in effect when such charges are incurred. You also will pay any applicable taxes, if any, relating to any purchases you make. Each Co-Branded Site will contain a description of the site’s privacy policy regarding any personal identifying information you may be required to disclose as part of the purchase.

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5. Additional Legal Terms

These Terms of Use, your rights and obligations, and all actions contemplated by these Terms of Use will be governed by the laws of Spain, as if these Terms of Use were a contract wholly entered into and wholly performed within Spain. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

All rights not expressly granted herein are hereby reserved. These Terms of Use are the entire and final agreement regarding this Web Site and its Content, and supersede any prior or contemporaneous communications between FOREXSTREET and you regarding this Web Site and its Content and Advice.

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6. Risk Disclosure

Trading foreign exchange on margin carries a high level of risk, and may not be suitable for all investors. The high degree of leverage can work against you as well as for you. Before deciding to invest in foreign exchange you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading, and seek advice from an independent financial advisor if you have any doubts.

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7. Live Webinars and Live Analysis Room Privacy Policy

By entering your personal details, you accept that they are shared with the speakers and the sponsors of the Live Webinars and the Live Analysis Room.

You must accept the terms and conditions in order to gain access to the Webinars and Live Analysis Room sessions. FXStreet has a legal agreement with the sponsor and the speaker of the Webinar that allows us to include the attendant information in their database once you register for a specific Webinar. This is the one and only requirement in order to enjoy the Webinars for free.

An FXStreet representative could also contact you from time to time in order to inform you of our last developments on the site and areas which we may feel are of interest and beneficial to you.

FXStreet assures you that your details will be treated under absolute confidentiality and will not be passed on to any third parties, neither by FXStreet nor by the sponsor or the speaker.

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8. Live Webinars and Live Analysis Room Property

The content and recordings of the Live Webinars and of the Live Analysis Room sessions are official property of FOREXSTREET S.L. Nobody outside the FXStreet team is allowed to record the webinars, nor to use or distribute the recordings available on FXStreet. The speaker owns the Intellectual Property on the shared content and these rights have to be respected as well.

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9. FXBeat Terms and Conditions

Please read this carefully because it sets out the terms of a legally binding agreement between you and FXStreet.

These are the terms and conditions on which you may use the FXBeat Service, including web and mobile content available on them (which we call “FXBeat Content”). FXBeat is a service provided by FXStreet. These terms apply to your use of FXBeat and all its related content irrespective of the delivery platform or device you use to access it.

By accessing FXBeat you are agreeing to these terms and conditions. If you use FXBeat in the course of your business or work, you are also agreeing to these terms and conditions on behalf of that business. We only make these terms and conditions available in the English language.

If you do not agree with the terms and conditions (or are not authorised to do so on behalf of your business or work) you should not use FXBeat and should cancel any subscription in accordance with your cancellation rights (see Section 5 below). If you have any questions please contact http://www.fxstreet.com/about/contact/.

1. Introduction

FXStreet may update these terms and conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. You should regularly check Section 13 to see if any changes have been made. If you are an FXBeat subscriber, any changes will become effective from the date of your next payment following the change unless we notify you otherwise. If you are not an FXBeat subscriber, any changes will become effective as soon as we notify you of them.

We may in exceptional circumstances cease to publish FXBeat or cease to provide subscription services. If we do so, then we will have no further obligation to you, unless you are a subscriber in which case we will offer you a refund of the unexpired period of your subscription. See Section 5 for details.

2. Access and Use

You may not copy FXBeat content from FXStreet or any third party source of FXBeat content such as news aggregators and you may not republish or redistribute full text articles, for example by pasting them into emails or republishing them in any media, including websites, newsletters or intranets.

We recognise that users of the Internet want to share information with others. As long as you do not create a Substitute, you may do the following:

  • Publish online, the original FXBeat headline and a link to the article.
  • Forward the original headlines and links to other individuals.
  • Publish content under a close environment upong signing a contract with FXStreet sales team.

Unless you are a registered user you may not be permitted to view any articles; if you are a registered user you can access the service via web or app for the contracted months. From time to time we may give trials or invite specific groups of users to access certain sections of FXBeat which may be the same as or different to the access given under either of the subscriptions.

Permitted Use: All FXBeat Content belongs to FXStreet who own all intellectual property rights (including copyright and database rights) in the FXBeat Content and any selection or arrangement of the Content. No intellectual property rights in any FXBeat Content are transferred to you. “FXBeatT” and “FXStreet” are registered trade marks and you may not use them without written permission from FXStreet.

3. Privacy Policy and Registration

All information received by you from your use of FXBeat will be used by FXStreet in accordance with our Privacy Policy. Please read this for details of how we may process your personal data.

On registration, you must provide FXStreet with accurate, complete registration information and it is your responsibility to update and maintain changes to that information on the applicable FXBeat subscription page. FXStreet is entitled to rely on any information you provide to us.

Each registration is for a single user only. On registration, you will choose a user name and password (”ID”) or use your own FXStreet login details. You are not allowed to share your ID or give access to FXBeat Content through your ID to anyone else. FXStreet may cancel or suspend your access to FXBeat if you share your ID without further obligation to you. You may not create additional registration or subscription accounts for the benefit of others or with the aim of avoiding our use of IDs to control access to and use of FXBeat.

You are responsible for all use of FXBeat made by you or anyone else using your ID and for preventing unauthorised use of your ID. If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your ID or any payment information, you must notify FXStreet immediately via our Contact Us. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.

If you provide FXStreet with an email address that will result in any messages FXStreet may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. You also agree that FXStreet may stop sending messages to you without notifying you.

4. Subscription Services

We offer subscription services through FXBeat.

Types of subscription: unless you purchase a subscription or temporary access pass to use FXBeat then your usage rights will be limited to the trial period only. You may obtain broader usage rights by purchasing an FXBeat subscription. You may also access the service through the offer of a Broker by opening an account with them or accessing by following the condition the brokers may have.

Contract formation: FXStreet will try to process your FXBeat subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription.

Payment details: when you subscribe you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently cancelled, we may immediately terminate or suspend your access to your subscription or temporary access pass and may in suspicious circumstances contact the issuing bank/payment provider and/or law enforcement authorities/other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you. If you buy a subscription using a corporate credit card than we will treat your subscription as being for the benefit of both you and the relevant company.

Pricing: the subscription pricewill be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time or by country. You agree to pay the fees at the rates notified to you at the time you take out your subscription. For certain subscriptions you can take out either an annual or monthly (or other frequency we offer) subscription. Other subscription services may require an action taken with a sponsor broker of the service. FXBeat will charge you in United States Dollars or Euros depending on the service and your country of residence. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.

Pricing errors: if we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription or temporary access pass at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.

Other costs: in addition to any subscription or temporary access pass fees you pay, you are responsible for paying any internet connection or other telecommunications charges that you may incur by accessing FXBeat or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.

Trials: we may from time to time and at our discretion make a trial available to users, in which case we will only charge you for your subscription with effect from the expiry of the trial period. No more than one trial per subscriber is allowed in any twelve month period.

5. Renewal and Cancellation of Subscriptions

Renewals: If you chose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. We will notify you in advance of any changes to the price of your subscription that will apply upon your next monthly renewal. Please see the “Cancellations by you” section below for details of how to cancel your monthly subscription. For annual subscriptions, before each renewal, you will be sent a reminder notice stating the rate that will apply for the renewal period. Unless you notify us before the end of your annual subscription period that you no longer wish to receive it, your annual subscription will renew for another year. We will charge the subscription using the same card or other payment method that you previously used.

Cancellations by you and refunds: unless you cancel your subscription before we have started providing any part of it to you (in which case we will provide you with a full refund), then you agree that once we have started providing any part of your subscription to you, you do not have any right to cancel your subscription or any part of it until the end of your then current subscription period. This means that you are not entitled to a refund once we have started providing any part of your subscription to you, except in the very limited circumstances which are referred to in these terms and conditions. Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then current subscription period.

Cancellations by us: FXStreet reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. You will not be entitled to any refund in these circumstances. If however we terminate or suspend your subscription for any other reason and/or permanently cease publishing FXBeat or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro rata refund to your credit card, which means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.

6. Who Your Subscription Contract is With

If you buy an FXBeat subscription your contract is with FXStreet (“Forexstreet S.L.), with address in Portaferrissa 7 1º2ª, 08002, Barcelona, Spain.

7. User Generated Content

FXBeat includes comments on the posts that allow interaction between users and between users and FXBeat journalists.

If you wish to comment on the posts then you must comply with any specific rules posted on the Service. You agree that if you comment on a post then you are granting FXStreet a right (but not an obligation) unlimited in time to publish, re-use, archive, modify, delete or commercially exploit that comment in whole or in part as we see fit, whether on FXBeat or otherwise, without any requirement to pay you for this and with or without attribution to you. This means that you grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free licence to use any comment you publish in whole or in part in any manner and for any purpose whatsoever and without further obligation to you. You also waive any moral rights that you may have in regard to the comments than within the service.

You are responsible for all the content of any of your Comment that you or we publish. You are financially responsible to us for any claim against us by any third party that your Comment is not in accordance with the bullet points below or that otherwise relates to your Comment within the Service.

You agree that you will:

  • only publish Comments that are your original content and will not infringe the copyright or other rights of any third party when publishing it.
  • not post, link to or otherwise publish any Comments containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
  • not post, link to or otherwise publish any Comments with recommendations to buy or not buy a particular pair or other investment or which contain confidential information of another party.
  • not post, link to or otherwise publish any Comments that is threatening, abusive, libellous, indecent or otherwise unlawful.
  • not post or otherwise publish any Comments unrelated to the Post’s topic.
  • not post or transmit any Comments that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of FXStreet or any computer software or equipment.
  • not collect or store other users’ personal data.

It is not possible for FXStreet to fully monitor all Comments published on FXBeat but where we have actually received notice of any Comments that are potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that Comment, decide whether to remove it from FXBeat and act accordingly.

8. Third Party Sites and Services

FXBeat may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call “Third Party Sites”), either directly or through frames. Third Party Sites may be co-branded with FXBeat and so include FXBeat trade marks.

It is your decision whether you purchase or use any third party products or services made available on or via Third Party Sites and you should read Section 9 below carefully. Our Privacy Policy does not apply to Third Party Sites.

FXBeat contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on FXBeat complies with international and national law. FXBeat is not responsible for any error or inaccuracy in advertising or sponsorship material.

Copyright in any software that is made available for download from FXBeat belongs to FXBeat or its suppliers. Your use of the software is governed by the terms of any licence agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such licence agreement. FXBeat is not responsible for any technical or other issues that may happen if you download third party software.

9. Our Responsibilities To You

Limitations of FXBeat Content: the FXBeat Content (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, the FXBeat Content, including Comments and any other content provided by third parties and distributed by FXBeat, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by FXBeat. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser. Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) FXBeat are at your own responsibility and entered into at your own risk. Any information that you receive via FXBeat, whether or not it is classified as ”real time”, may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.

What we promise: FXSTREET WILL TRY TO DEVELOP AND OPERATE FXBEAT WITH REASONABLE SKILL AND CARE AND WILL USE REASONABLE EFFORTS TO PROMPTLY REMEDY ANY FAULTS OF WHICH IT IS AWARE. THIS IS THE ONLY PROMISE WE MAKE IN RELATION TO OUR PROVISION OF FXBEAT.

What we do not promise: FXSTREET AND ITS FXBEAT SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THIS MEANS THAT FXSTREET DOES NOT MAKE ANY PROMISES IN RESPECT OF FXBEAT OR THE SERVICES AND FUNCTIONS AVAILABLE ON OR THROUGH FXBEAT OR OF THE QUALITY, COMPLETENESS OR ACCURACY OF THE INFORMATION PUBLISHED ON OR LINKED TO FROM FXBEAT. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, FXBEAT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS AND DUTIES (EXCEPT ANY DUTIES OF GOOD FAITH) OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. FXSTREET ALSO DOES NOT MAKE ANY PROMISES AS TO THE TIMELINESS, SECURITY, PERFORMANCE OR AVAILABILITY OF FXBEAT AND DOES NOT PROVIDE ANY WARRANTY OR REPRESENTATION THAT FXBEAT IS FREE FROM INFECTION BY VIRUSES OR ANYTHING ELSE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

FXBEAT IS NOT LIABLE FOR MATTERS BEYOND ITS REASONABLE CONTROL. FXBEAT DOES NOT CONTROL THIRD PARTY COMMUNICATIONS NETWORKS (INCLUDING YOUR INTERNET SERVICE PROVIDER), THE INTERNET, ACTS OF GOD OR THE ACTS OF THIRD PARTIES.

Our financial responsibility to you:

YOU AGREE THAT IF WE ARE IN BREACH OF THESE TERMS AND CONDITIONS, WE WILL ONLY BE RESPONSIBLE TO YOU FOR ANY DAMAGES THAT YOU INCUR ARISING OUT OF YOUR USE OF FXBEAT AS FOLLOWS:

  • IF YOU INCUR ANY LOSS AS A RESULT OF USING FXBEAT CONTENT OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS, FXBEAT ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR THIS.
  • IF YOU HAVE PAID FOR A SUBSCRIPTION, THEN FXBEAT ACCEPTS RESPONSIBILITY (LIABILITY) TO YOU FOR ANY DIRECT DAMAGES YOU ACTUALLY INCUR ARISING OUT OF YOUR USE OF FXBEAT CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS, SUBJECT TO A LIMIT EQUAL TO THE PRICE PAID BY YOU TO FXBEAT FOR YOUR SUBSCRIPTION DURING THE YEAR IN WHICH YOU INCUR THE DAMAGE. YOU MAY AT YOUR OPTION RECEIVE A RENEWAL TO YOUR SUBSCRIPTION FREE-OF-CHARGE AT THE POINT OF RENEWAL IN PLACE OF MONETARY DAMAGES.
  • IF YOU HAVE NOT PAID FOR A SUBSCRIPTION, THEN FXBEAT ACCEPTS NO RESPONSIBILITY (LIABILITY) TO YOU FOR ANY LOSS OR DAMAGE YOU MAY INCUR AS A RESULT OF YOUR USE OF FXBEAT CONTENT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
  • THE LIMITATIONS OF LIABILITY IN THIS SECTION 9 APPLY FOR THE BENEFIT OF FXBEAT, ITS AFFILIATES AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS.
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10. Choice of Law and Jurisdiction

FXBeat is a service provided by FXStreet (FOREXSTREET S.L.), a Spanish company. The Terms and Conditions therefore will be governed by Spanish laws, and any litigation arising from or relating to these Terms and Conditions shall be brought exclusively in court in Spain.

11. General

You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any company within FXStreet but if we do so we will ensure that any company to whom we transfer our rights or obligations will continue to honor your rights under them. Authors may change throughout the subscription of your service. FXStreet will do its best to keep the same quality of service.

If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.

Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.

12. Corporate Information

FXStreet website and its Service FXBeat, has the following corporate details: registered office address is Portaferrissa 7 1º2ª, Barcelona 08002; VAT number is ESB62498233 .

13. Changes to Terms and Conditions

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