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TERMS AND CONDITIONS OF SERVICE
Please read these Terms and Conditions of Service (TCS) before using this World Wide Web SITE. By continuing to access or use this site, or any service on this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. From time to time, Data Signal International, Inc. may modify these terms and conditions. Accordingly, please continue to review these terms and conditions of service whenever accessing or using this site. Your use of the site, or any service on this site, after the posting of modifications to these terms and conditions of service will constitute YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF SERVICE, as modified. If, at any time, you do not wish to accept the terms and conditions of service, you may not use the site. Any terms and conditions proposed by you which are in addition to or which conflict with these terms and conditions of service are expressly rejected by Data Signal International, Inc. and shall be of no force or effect.
1 - User Consent to Terms and Conditions of Service.You represent that you have read and agree to be bound by the terms and conditions of service ("TCS") for www.itsignal.com. You further agree: (a) to comply with terms and conditions regarding the transmission of any data obtained from the Service (as defined herein) in accordance with the TCS, (b) not to use the Service for illegal purposes, and (c) not to interfere or disrupt networks connected to the Service.
2 - Intellectual propertyThis Website, including but not limited to text, content, photographs, video, audio and graphics (the "Service"), is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Service is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service.
3 - Restrictions on Use.You may not use the Service for any illegal purpose or in any manner inconsistent with the TCS. You agree to use the Service solely for your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Service in any manner that could compete with the business of Data Signal International, Inc.. You acknowledge that the Service has been developed, compiled, prepared, revised, selected and arranged by Data Signal International, Inc. and others (including certain other information sources) through the application of methods and standards of judgement developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Data Signal International, Inc. and such others. You agree to protect the proprietary rights of Data Signal International, Inc. and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Data Signal International, Inc. or its suppliers of content, equipment or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Service. You agree to notify Data Signal International, Inc. in writing promptly upon becoming aware of any unauthorised access or use of the Service by any party or of any claim that the Service infringes upon any copyright, trademark or other contractual, statutory or common law rights. You may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit any part of the service, except that you may download material from the service and/or make one print copy for your own personal, non-commercial use, provided that you retain all copyright and other proprietary notices. The analysis and presentation included in the service may not be recirculated, redistributed or published by you without Data Signal International, Inc.'s prior written consent. Modification of the service's content would be a violation of Data Signal International, Inc.'s copyright and other proprietary rights. Additionally, you may not offer any part of the service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink or hyperlink framing on the Internet without the prior written consent of Data Signal International, Inc.. The service and the information contained therein may not be used to construct a database of any kind. Nor may the service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the service. You may not use the service in any way to improve the quality of any data sold or contributed by you to any third party. Furthermore, you may not use any of Data Signal International, Inc.'s trademarks, trade names or service marks in any manner which creates the impression that such names and marks belong to or are associated with you or are used with Data Signal International, Inc.'s consent, and you acknowledge that you have no ownership rights in and to any of these names and marks. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any of Data Signal International, Inc.'s trademarks, trade names or service marks in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any other person or entity using the service. You agree to comply with any other applicable terms and conditions of service set forth on the service, including the linking and framing policy.
4 - License.You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilise the Service in accordance with the TCS. Should you choose to download content from the Service, you must do so in accordance with the TCS. Such download is licensed to you by Data Signal International, Inc. ONLY for your own personal, non-commercial use in accordance with the TCS and does not transfer any other rights to you
5 - Rights Reserved.All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the "Intellectual Property Rights") shall, as between you and Data Signal International, Inc., at all times be and remain the sole and exclusive property of Data Signal International, Inc.. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Data Signal International, Inc. for its exclusive use. Except as specifically permitted by the TCS, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use Data Signal International, Inc.'s Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Data Signal International, Inc.'s prior written approval.
6 - Access Outside SwitzerlandData Signal International, Inc. does not represent that materials in the Service are appropriate or available for use in all countries and territories. If you choose to access the Service, you are responsible for compliance with foreign and local laws.
7 - ChangesYou accept that Data Signal International, Inc. has the right to change the content or technical specifications of any aspect of the Service at any time at Data Signal International, Inc.'s sole discretion. You further accept that such changes may result in your being unable to access the Service.
8 - Fees and Payments.Data Signal International, Inc. reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time Data Signal International, Inc. requires a fee for portions of the Service or the Service as a whole, Data Signal International, Inc. will require you to register and create an account. In no event will you be charged for access to portions of the Service or to the Service unless Data Signal International, Inc. obtains your prior agreement to pay such charges. You shall pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including but not limited to charges for any products or services offered for sale through the Service by Data Signal International, Inc. or by any other vendor or service provider. All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee ("Prepaid Fee"). You will pay the Prepaid Fee, and all taxes and other fees related thereto in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless Data Signal International, Inc. receives all fees and charges payable by you, including the Prepaid Fee.
9 - Registration and Account creationAs part of the registration and account creation process necessary to obtain access to portions of the Service that require a fee or payment, you will select a user name and a password. You will provide Data Signal International, Inc. with certain registration information, all of which must be accurate and updated. You shall not (i) select a user name already used by another person; (ii) use a user name in which another person has rights without such person's authorisation; or (iii) use a user name or password that Data Signal International, Inc., in its sole discretion, deems offensive or inappropriate. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify Data Signal International, Inc. at webmaster@Data Signal International, Inc.net.com of any known or suspected unauthorised use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your password or credit card information. You are solely responsible for all usage or activity on your Data Signal International, Inc. account, including but not limited to use of the account by any third party authorised by you to use your user name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Data Signal International, Inc.'s sole discretion, and Data Signal International, Inc. may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to webmaster@Data Signal International, Inc.net.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your account will be terminated within two (2) business days. You are responsible for all charges incurred up to the time the account is terminated.
10 - Disclaimer and Limitation of LiabilityYou agree that your use of the Service is at your sole risk and acknowledge that the Service and anything contained therein, including, but not limited to, content, services, goods or advertisements (the "Items") are provided "AS IS" and that Data Signal International, Inc. makes no warranty of any kind, express or implied, as to the Items, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use. Data Signal International, Inc. does not warrant that the Service is compatible with your equipment or that the Service is free of errors or viruses, worms or "Trojan horses" and is not liable for any damage you may suffer as a result of such destructive features. You agree that Data Signal International, Inc., its Suppliers and its third-party agents shall have no responsibility or liability for (i) any injury or damages, whether caused by the negligence of Data Signal International, Inc., its employees, subcontractors, agents, Suppliers or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against Data Signal International, Inc. by any other party or (ii) any fault, inaccuracy, omission, delay or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Websites, services, goods or advertisements that may be linked to the Service is not maintained or controlled by Data Signal International, Inc.. Data Signal International, Inc. is therefore not responsible for the availability, content or accuracy of other Websites, services or goods that may be linked to, or advertised on, the Service. Data Signal International, Inc. does not (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service, (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Websites, services, goods or advertisements that may be linked to the Service or (c) make any endorsement, express or implied, of any other Websites, services, goods or advertisements that may be linked to the Service. Data Signal International, Inc. is also not responsible for the reliability or continued availability of the telephone lines and equipment you use to access the Service. You understand that Data Signal International, Inc. and/or third party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the TCS. You acknowledge that (i) the Service is provided for information purposes only and is not intended for trading purposes, (ii) the Service includes information taken from the Swiss Stock Exchange, Paris Stock Exchange, Frankfurt Stock Exchange, London Stock Exchange, Tokyo Stock Exchange, New York Stock Exchange, American Stock Exchange, NASDAQ and other stock exchanges and sources, (iii) Data Signal International, Inc. does not guarantee the sequence, accuracy, completeness or timeliness of the Service and (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Data Signal International, Inc. is a party. Accordingly, anything to the contrary herein set forth notwithstanding, Data Signal International, Inc., its officers and employees, general partner, affiliates, subsidiaries, successors and assigns, Suppliers and its third-party agents shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (i)inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (ii)delays, errors or interruptions in the transmission or delivery of the Service; or (iii)loss or damage arising therefrom or occasioned thereby, or by any reason of non-performance.
11 - Limitation of LiabilityUnder no circumstances, including but not limited to negligence, shall Data Signal International, Inc., its suppliers and its third-party agents be liable to you for direct, indirect, incidental, consequential, special, punitive or exemplary damages even if an Data Signal International, Inc. authorised representative has been advised specifically of the possibility of such damages, arising from use of or inability to use the service or any links or items on the service or any provision of the TCS, such as, but not limited to loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Data Signal International, Inc.'s total liability to you for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by you, if any, for accessing this site.
12 - Representations and WarrantiesYou represent, warrant and covenant that: (a) you have the power and authority to enter into this agreement; (b) you are at least eighteen (18) years old; (c) you shall not use any rights granted hereunder for any unlawful purpose; and (d) you shall use the Service only as set forth in the TCS.
13 - IndemnificationYou agree, at your own expense, to indemnify, defend and hold harmless Data Signal International, Inc. and its employees, representatives, Suppliers and agents, against any claim, suit, action or other proceeding brought against Data Signal International, Inc., its employees, representatives, Suppliers and agents, by a third party, to the extent that such claim, suit, action or other proceeding brought against Data Signal International, Inc., its employees, representatives, Suppliers and agents is based on or arises in connection with the Service, or any links on the Service, including, but not limited to: (i) your use or someone using your computer's use of the Service; (ii) your use or someone using your account, where applicable; (iii) a violation of the TCS by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right (as herein defined) of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorised use of, the Service by you or someone using your computer (or account, where applicable); (vi) any misrepresentation or breach of representation or warranty made by you contained herein: or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
14 - Termination Either you or Data Signal International, Inc. may terminate the TCS with or without cause at any time and effective immediately. You may terminate the TCS by discontinuing use of the Service and destroying all materials obtained from the Service. These TCS will terminate immediately without notice from Data Signal International, Inc. if you, in Data Signal International, Inc.'s sole discretion, fail to comply with any provision of these TCS. Upon termination by you or upon notice of termination by Data Signal International, Inc., you must destroy promptly all materials obtained from the Service and any copies thereof. Articles one through seven and ten through eighteen shall survive any termination of the TCS.
15 - HeadingsThe section titles in the TCS are used solely for the convenience of you and Data Signal International, Inc. and have no legal or contractual significance.
16 - Serviceability If any provision of the TCS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these TCS will remain in force.
17 - Entire AgreementThe TCS and any other terms and conditions of service on www.itsignal.com, and its successor constitute the entire agreement between you and Data Signal International, Inc. and govern your use of the Service.
18 - Governing Law These TCS shall be governed and construed in accordance with the laws of California, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of laws of California with respect to any legal proceedings that may arise in connection with the Service or from a dispute as to the interpretation or breach of the TCS.
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