|Terms and Conditions|
|From JTAWiki, a project by J Talon LLC|
Terms and Conditions
- 1 Terms and Conditions
- 2 Conditions of Contract
Purpose and Scope
These are the conditions governing the access, browsing and use of the Web Site http://www.jtatoday.com and http://www.jtatoday.info (hereafter, Web Site), as well as the liabilities associated with the use of its contents (for the purposes established herein, terms "contents" will consists of the texts, graphics, pictures, designs, codes, software, photographs, sounds, data bases, services, images, expressions and information, as well as any other creation protected by national laws and international treaties on intellectual property).
In this respect, the User will represent such person accessing, browsing, using or participating in the services and activities, cost free or subject to price, developed within the Web Site.
The purpose of this Legal Notice is to govern the access, browsing and use of the Web Site but, regardless of the conditions established herein, JTA may establish specific conditions governing the use, acquisition and/or contracting of specific services or products offered to the Users through the Web Site.
Before using, acquiring and/or contracting said specific products or services offered by JTA, the User must carefully read the Conditions of Contract created, if any, by JTA. The use, acquisition and/or contracting of said specific products and/or services implies acceptance of the Conditions of Contract governing such products or services as reflected in the version currently published and enforced by JTA at the time of the use, acquisition and/or contracting.
In addition, JTA may authorize third party entities to publish or render their services, either through the insertion of links to their respective Web sites or through banners. In both cases, JTA will bear no liability in relation to the establishment of the general and specific conditions to be taken into account for the use, rendering or contracting such services by third parties and, therefore, will not be held accountable thereof.
Access to the Web Site is free. In the event the Web Site offers services and/or contents offered by JTA or by third parties, subject to the prior contracting of the service and/or product for a consideration in cash, the Conditions of Contract will rule, and will be made available to the User beforehand, easily accessible and clear.
Access and browsing through the Web Site does not require registration. However, access to reservation and/or contracting of certain applications and/or services will require prior registration as a User within the application of this Web Site by means of the prior formalization of the contractual relationship with JTA, which shall thereafter provide the User with the login code and password for access.
The password is personal and non-transferable. In the event of an application for change, the User must generate the change pursuant to the rules concerning security and complexity established from time to time by JTA.
Should the User select a password which does not fulfill the minimum requisites according to the Password Policies approved and in force by JTA, the User will be warned of the failure and the requisites to be met by such password in order to be effective.
The Web Site has the necessary features available so that the User may change a password when deemed essential, for example, when it is suspected or ascertained that confidentiality of the password has been broken.
The set encompassing the login code and the password will only give access to the information available at the Web Site. Such set will not provide access to the information related or corresponding to the User of the Web Site.
The password will be personal and non-transferable. The User agrees to ensure judicious usage of the password and to maintain its security. The User will not provide the password to a third party. As a consequence, the Users are responsible for the adequate custody and confidentiality of any login codes and passwords that have been selected by them as Users of applications of JTA. The Users agrees not to share use thereof with third parties, on a temporary basis for an indefinite period. They also agree not to permit access by others. The Users will be held responsible for the illegal use of the Web Site by any illegitimate third party who uses a password due to the negligent custody or loss of the password by the User.
Based on the above, the User will be obliged to immediately notify the managers of the Web Site about any fact which may allow the unauthorized use of the login codes and/or passwords, such as theft, loss or unauthorized access, in order to procure immediate cancellation. JTA will bear no liability as a result of the illegal use of the login codes or passwords by unauthorized third parties.
The potential application for direct access or changes in the home page of the User's computer to the Web Site, in such cases where the downloaded software is published within electronic means owned by this Web Site (CD or Software Compilations), will not be linked to the installation or subsequent use of such downloaded software.
Access to the Web Site by persons under 18 is prohibited, except where they have prior expressed consent from their parents, guardians or legal representatives, who shall be considered as responsible for the actions performed by the minor under their custody, in application of the rules in force. In any event, access to the Web Site by a person under 18 will be reputed as previously and expressly authorized by the parents, guardians or legal representatives.
Intellectual Property Rights
JTA owns or has obtained the relevant license over the exploitation rights of the intellectual property of the Web Site, as well as over the intellectual property covering the contents, services and products available through the Web Site.
The access to or use of the Web Site or the acquisition of the services of JTA offered through the Web Site will never be reputed as a waiver, transfer, license or total or partial assignment of said rights by JTA.
Deletion or manipulation of the legal copyright warnings and any other identification data of the rights of JTA or its holders included within the Contents and products is expressly prohibited. Deletion or manipulation of the technical devices, digital prints, watermarks and any other information mechanisms of information and/or identification which may be included within the same is also prohibited.
All intellectual property rights are reserved. In particular, it is expressly prohibited to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transfer, use, treat or distribute by any means all or part of the Contents and products included in the Web Site for pubic or commercial purposes, except with the prior express written approval by JTA or, should it be the case, owner of the relevant rights.
Use of the Web Site
The contents offered through the Web Site are only made available to end users. Any unauthorized use or resale of such contents is expressly prohibited, except with the written prior approval from JTA.
Access, browsing and use of the Web Site are the responsibility of the User. Therefore, the User agrees to comply promptly and diligently with any additional instruction given by JTA or by authorized personnel of JTA in relation to the use of the Web Site and of its Contents.
The Contents included in the Web Site are made available to persons using the Web, to persons interested in legal contents and to persons that may use the applications made available by JTA through its Web Site. Any unauthorized or commercial uses of such Contents, or their resale, are strictly prohibited, except with the prior written approval by JTA.
Therefore, the User agrees to use the contents responsibly, correctly and in compliance with laws and, in particular, agrees not to:
- Use the contents for purposes contrary to law, moral and general accepted patterns of behavior or public order.
- Reproduce or copy, distribute, allow access by the public through any means of public communication, transform or modify the contents, except with the authorization of the owner of the relevant rights or where such circumstances are permitted by law.
- Use the contents and, in particular, any information obtained through the Web Site or the services to send advertisements, communications for the purposes of direct sales or with any other commercial purpose, spam messages addressed to a plurality of persons irrespective of their purpose and to market or distribute such information by any means.
Licence on Communications
The communications from JTA to the User will be made in accordance with the contact details provided to such effects.
The User expressly accepts the usage of electronic mail as a valid procedure to exchange information and to send communications.
In the event the User sends any information to JTA through the Web Site, using the channels made available for these purposes in the Web Site itself, the User represents, guarantees and accepts that the User is entitled to do so freely, that such information does not violate any intellectual property right, or any trademark, patent, business secret, or any third party right, that such information is not confidential and that the information will not harm third parties.
The User acknowledges that they assume liability and will keep JTA harmless in relation to any communication personally provided by them or on their behalf, and such liability will encompass the accuracy, lawfulness, originality and ownership of the communication.
In such cases where the User provides personal data, the filing and management of such data will be made pursuant and in compliance with the principles set in the current Laws on Data Protection.
In the event the User provides an e-mail address or other means of electronic communications, the User expressly authorizes the use of such means for the purposes of the potential communications by JTA, in order to facilitate the services requested, respond to any queries, make statistic studies to allow improve the services, develop own tasks of administrative management, as well as the development of business promotional activities and advertising related to the Web Site.
Said data management is performed in compliance with the legal principles and, in special, in full compliance with the duties of confidentiality and secrecy, and JTA has adopted the adequate safety measures to avoid any alteration, loss, unauthorized access or damage to the recorded personal data and information.
The User has the rights of access, rectification, cancellation and opposition (A.R.C.O), which may be exercised by sending a postal communication to the address of JTA established in this Legal Notice indicating the right which the User intends to exercise. The User must also attach a copy of the National ID Card of the owner of the data or any other means admitted in law to provide evidence about the id of the applicant.
Liabilities and Guarantees
Due to the nature of the service, JTA cannot guarantee the accuracy, use, completeness or fitness of the contents provided through the Web Site.
As a result, JTA makes no guarantee and assumes no liability in relation to:
- the continuity of the contents of the Web Site;
- the absence of errors in such contents or products;
- the absence of viruses and/or remaining damaging components in the Web Site or in the Server supplying it;
- the invulnerability or impregnability of the safety measures adopted therein; the lack of use or performance of the contents and products of the Web Site;
- the damages caused to itself or to a third party by a person violating the conditions, rules and instructions included by JTA in the Web Site or by virtue of the violation of the security systems of the Web Site; and
- will thus not be responsible for the any and all losses or profits suffered by the User as a consequence of any failure, error or vulnerability of the Web Site or system.
Notwithstanding, JTA attests that it has adopted all necessary measures, within its capabilities and taking into account the state-of-the- art, to guarantee the operation of the Web Site and avoid the existence and transmission of viruses and remaining damaging components to the Users.
Should the User be aware of the existence of any illegal content, or which is contrary to law or which could entail a violation of intellectual property rights, they shall immediately notify such circumstance to JTA so that the latter may adopt the adequate measures.
Links to other Web Sites
In the event that the User may find links in the Web Site to other sites by means of different buttons, links, banners, etc., the latter will be managed by third parties. JTA has no authority or human or technical resources to know, control or approve all the information, contents, products or services provided by other web sites linked from the Web Site.
As a consequence, JTA assumes no liability for any cause whatsoever in relation to any site linked from the Web Site, in particular, without limitation, about their operation, access, data, information, files, quality and trustworthiness of their products and services, their own links and/or any of their contents, on a general basis.
In this respect, if the Users have actual knowledge about illegal activities performed through these third party sites, they must immediately communicate this information to JTA in order to cancel access to the links to such sites.
Establishment of any type of links from the Web Site to other sites will not be reputed as the existence of any relation, cooperation or dependence between JTA and the responsible of the third party site.
Links on other sites to the Web Site
If any User, JTA or Site wishes to establish a link to the Web Site, they must comply with the following rules:
- The link may be only addressed to the Home Page of the Web Site, except with the express written approval of JTA.
- The link must be absolute and complete. It must direct the User, with a click, to the URL address of the Web Site and must include the full screen of the Home Page of the Web Site. Under no circumstance, except where expressly authorized in writing by JTA, the site creating the link may not reproduce, by any means, the Web Site, include it as part of such site or within any of its frames or create a browser on any of the pages of the Web Site.
- The site establishing the link may make no indication that JTA has authorized such link, except where JTA has expressly made such statement in writing. If JTA creating the link to the Web Site from its site intends to include in its web site the trademark, name, trade name, logo, slogan or any other identifying element of JTA and/or the Web Site, it must have the prior express written approval from JTA.
- JTA does not authorize establishing a link to the Web Site from such sites containing materials, information or contents which are illegal, obscene, degrading and, in general, which may violate the moral, public order or general accepted patterns of behavior.
JTA has no authority or legal or technical resources to know, control or approve all the information, contents, products or services provided by other sites which have established links with the Web Site.
JTA assumes no liability of any kind for any aspect related to the site establishing a link to the Web Site and in particular, without limitation, about its operation, access, data, information, files, quality and trustworthiness of its products or services, its own links and/or any of its contents, on a general basis.
Duration and Amendment
JTA may amend the Terms and Conditions established herein, totally or partially, publishing any change through the same means used to publish this Legal Notice or through any other communication addressed to the Users.
This Legal Notice will be thus in force until such time where the conditions herein are modified or otherwise amended totally or partially, moment in which the new conditions will be effective for the purposes of the amended Legal Notice.
Irrespective of the provisions of the Conditions of Contract, JTA may terminate, suspend or interrupt, without prior notice, at any time, the access to the contents of the site, and the User will not be entitled to any recourse or claim. After such termination, the prohibitions of use established in this Legal Notice will remain in force.
The headings of the clauses are for information purposes only and they will not affect, qualify or broaden the construction of this Legal Notice.
In the event of discrepancies between the contents of this Legal Notice and the specific conditions of each specific service, the latter shall prevail.
In the event any of the provisions of this Legal Notice is considered void, totally or partially, by any competent court, tribunal or administrative body, said declaration will not affect the remaining provisions of this Legal Notice.
Lack of exercise by JTA of any right or provision container in this Legal Notice will not constitute a waiver thereof, except with its written approval.
The relations between JTA and the User will be governed by the provisions in force in relation to applicable law and competent jurisdiction. In the event the regulations in force allow the parties to submit to any particular jurisdiction, JTA and the User, waiving their own jurisdiction, may submit any disputes or litigation to the Courts and Tribunals of the city of Madrid, Spain.
Conditions of Contract
These are the Conditions of Contract of the Services (hereafter, Conditions of Contract) offered in the Web Site.
These Conditions of Contract have been made available in advance, pursuant to the regulations in force. In addition, JTA makes available to the Users these Conditions of Contract, so that they may be stored and reproduced, thus complying with the legal obligation of prior information.
Once accepted by the User, JTA will capture and store the electronic path providing evidence of the User's acceptance of the Web Site.
In this respect, the User is identified as any person contracting any of the Services offered by the Web Site.
Description of the Web Site and the Services
www.jtatoday.com and www.jtatoday.info offers the following Services:
www.jtatoday.com and www.jtatoday.info offers exclusively information related to Forex industry, provided by Users of the website, own developments and other third parties. Some of that Forex related information is available to any User for free, but other is only available in private sections where a subscription is required for accessing. Therefore, www.jtatoday.com and www.jtatoday.info acts as an intermediary between the information providers and the Users of the website who subscribe to such private sections.
Prior to any actions that may be executed within www.jtatoday.com and www.jtatoday.info and in order to have access to the information provided within Private section, the User must register and subscribe to that section. This subscription provides the User access to the information include in each kind of section subscribed.
Once the User decided to subscribe to any of the private section, is requested to follow these steps:
- Register at www.jtatoday.info by providing an electronic mail address, which implies opening a new account at www.jtatoday.info.
- Make the payment of the monthly fee for each for fee section to which the User subscribes (which is detailed in the website) through the available payment gateways provided for JTA for that purpose, which will request additional identification data, as well as data related to the credit card to be used for making such payment. The service is delivered against payment.
- Thereafter, the Trader, during the subscription period to a for fee section, will be able to access at any time, or at times deemed convenient.
All Users may also act as Information Provider and offer their information to the Users, for which purposes they must follow these steps:
- Register at www.jtatoday.info by providing an electronic mail address, which implies opening an account at www.jtatoday.info, accepting the established terms and conditions.
- Introduce the information to be offered to the rest of Users, including the username.
- Once the User has published a post or new thread, it will be published and moderated if necessary. At such time, the Users may have access to the information.
Without prejudice to any other obligations resulting from these Conditions of Contract by which JTA and/or the User are bound, both parties agree to fulfill the following obligations:
JTA obliges to
- fulfill the provisions contained in the Conditions of Contract, except for events of Force Majeure or due to causes not attributable to it, and
- make available to the Users these Conditions of Contract so that they can be stored, filed and/or printed by the Users.
The User agrees to
- accept and comply with the provisions of these Conditions of Contract and
- refrain from claiming against JTA any obligations and/or liabilities in relation to the Services offered in the Web Site.
Any User - Information Provider, also guarantee the accuracy, completeness, authenticity and truthfulness of all information provided.
Liabilities and Guarantees
JTA, through these Conditions of Contract, communicates and reminds the Users that Forex Market involves high risks of investment. Investments in this market involve enduring high risks so it is necessary that such activities are performed by a person with expertise on the subject matter. We must remind the User that investments may entail losing amounts of money which will not be easy to recover. This system or Web Site, as the rest of systems, exposes the User to potential loss of the whole investment. In this case, the User assumes that the Users would be solely responsible, exonerating the Web Site from any liability arising out of such losses. Even if high possibilities of earning funds through the services of the Web Site exist, there are also high possibilities of losing it.
JTA makes clear that it does not promise or guarantee success through the use of the information made available to the User. The Web Site is a device used to make available certain information available to the User, but it does not recommend or assess the User about the decisions the User has to adopt to make the investments. The User is solely responsible for all the risks inherent to the investment activities as a result of the visits to the Web Site. The risk factor arising out of the investments in Forex Markets makes it impossible for any system, individual or legal JTA to provide full assurance that the use of the information is going to provide benefits.
All the information available on the Web Site is intended for demonstration purposes only. Despite that JTA devotes all its efforts to obtain the most accurate, precise and true information, these cannot be guaranteed. The prices, statistics and remaining data shown are only for demonstration purposes: they are hypothetical, fictitious, resulting from the expertise of the information provider offering them and frequently aided by historical data. They are included to explain how their information work and cannot be considered as recommendations or assessments offered by JTA. The purpose of the Web Site is to offer Forex related information, not to advise the User on information to be used or to recommend to the User a specific investment. Users choose and use the information at their own risk.
The User agrees to indemnify JTA from any liability, including financial liability, related to any transaction or activity where the User participates which entails the use of any services, information, tool, link or application of the Web Site, or the access which is made through the Web Site.
The User is hereby expressly notified that JTA will not be held responsible, whatsoever, for losses incurred by Users due to investments made through the Web Site, irrespective of the fact they used or did not use information contained in the Web Site.
If the User has any doubts about any of the terms and conditions contained in the Conditions of Contract, it is highly advisable that the User seek legal advice thereof. All the contents herein are for preventing Users who lack sufficient knowledge of the markets and/or online systems about the use of this Web Site and about the high risks associated to the transactions made online or the use of information provided by the Web Site.
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