The terms “YLD FX” or “us” or “we” refer to the owner of the website www.yldfx.com. The term “you” or “user” refers to the viewer or user of our website.
These Website Terms of Use (“Terms”) apply to the entire contents of this website under the domain name www.yldfx.com (“Website”) and to any correspondence by email between us and you. Please read the following terms and conditions carefully before using this Website. You may wish to print a copy for future reference. We reserve the right to change these Terms from time to time; this will normally be where changes in legislation or regulations take place. You will be notified of such changes taking effect via our Website.
Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us. If you do not accept these Terms, do not use this Website. If you have any questions please contact [email protected].
Through our Website property, we provide you with access to a variety of resources to which these Terms relate. If you are looking to be provided with our brokerage services please to review our Trader – Client Agreement.
1. IMPORTANT LEGAL NOTICE
The use of this Website is subject to the following terms of use:
1.1 Use of this Website
1.1.1 You may access certain areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.1.2 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.
1.1.3 We may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the current legal notice as it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages of this Website.
1.2 Licence
1.2.1 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by YLD FX or its licensors. For the purposes of this legal notice, any use of extracts from this Website other than in accordance with clause 1.2.2, for any purpose is prohibited. If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
1.2.2 Subject to clause 1.2.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without YLD FX’s prior written permission.
1.2.3 Any rights not expressly granted in these terms are reserved.
1.3 Copyright Notice
1.3.1 All rights reserved. All other trademarks appearing on YLD FX’s websites are the property of their respective owners. Organisation, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.
1.4 Service access
1.4.1 While we endeavour to ensure that this Website is available 24 hours a day, we shall not be liable if for any reason this Website is unavailable at any time or for any period.
1.4.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
1.4.1 If a fault occurs, please report it by email at [email protected].
1.5 Registration
1.5.1 Each registration is for a single you only. YLD FX does not permit you to share your name and password with any other person nor with multiple users on a network.
1.5.2 Responsibility for the security of any passwords issued rests with you.
1.5.3 Please see our Privacy Policy for details of what information we collect from you and why.
1.5.4 In the process of completing your registration, you may have provided us with your brokerage account details. We will have access to your financial information either through your trading account opened with any third party financial institution (“Third Party Broker”) or when trades are transmitted directly from your trading terminal to your Broker. This information is provided solely by your Third Party Broker and not us. You agree not to hold us liable for any loss or damage of any sort incurred as a result of such dealings with any services or information provided by your Third Party Broker.
1.5.5 By opening a trading account with YLD FX or by connecting your trading account(s) to our Website you expressly grant us the irrevocable right to monitor and evaluate your trading activity in such trading account(s) by means of our own evaluation methods. In connection with such evaluation methods, you expressly grant us the right to display the calculations as per our own calculations in a way that does not enable third users to replicate your trading strategy without your prior consent.
1.5.6 Furthermore, by connecting your trading account(s) to our Website(s) you expressly grant us the right to contact you for commercial purposes including, without limitation, contacting you for the purpose of inviting you to join our YLD FX Provider Program as a prospective YLD FX Provider.
1.6 Disclaimer
1.6.1 While we endeavour to ensure that the information on our Website(s) is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
1.6.2 The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for this legal notice might have effect in relation to this Website.
1.7 Liability
1.7.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of YLD FX’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:
1.7.1.1 this Website;
1.7.1.2 the use, inability to use or the results of use of this Website;
1.7.1.3 any websites linked to this Website or the material on such websites;
1.7.1.4 your downloading of any material from this Website or any websites linked to this Website; or
1.7.1.5 viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.
1.7.2 Nothing in this legal notice shall exclude or limit our liability for:
1.7.2.1 death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or
1.7.2.2 fraud; or
1.7.2.3 misrepresentation as to a fundamental matter; or
1.7.2.4 any liability which cannot be excluded or limited under applicable law.
1.7.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
1.8 Materials Provided To YLD FX Or Posted to Its Website
1.8.1 We do not claim ownership of the materials the user provides to us (including feedback and suggestions) or post, upload, input or submit to any services or its associated services for review by the general public, or by the members of any public or private community, (each a “Submission” and collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting (“Posting”) the Submission, the user is granting us necessary sublicensees permission to use the user’s Submission in connection with the operation of our Internet businesses (including, without limitation, all the services offered on our Website(s)), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the user’s Submission; to publish the user’s name in connection with the user’s Submission; and the right to sublicense such rights to any supplier of the Services. No compensation will be paid with respect to the use of the user’s Submission, as provided herein. We are under no obligation to post or use any Submission the user may provide and we may remove any Submission at any time in its sole discretion. By Posting a Submission, the user represents to own or otherwise control all of the rights to the user’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for the user to provide, post, upload, input or submit the Submissions.
1.8.2 In addition to the representation set out above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part (“Images”), the user represents that (a) the user is the copyright owner of such Images, or that the copyright owner of such Images has granted the user permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of the user’s use and as otherwise permitted by these Terms of Use and the services; (b) the user has the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, the user is granting (a) to all members of the user’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the services, other than a private community), permission to use the user’s Images in connection with the use, as permitted by these Terms of Use, of any of the services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the user’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the services. The licenses granted in the preceding sentences for Images will terminate at the time the user completely remove such Images from the services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time the user completely remove such Images. No compensation will be paid with respect to the use of the user’s Images.
1.9 Links to and from other Websites
Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about, any material found within or any results that may be obtained by using, them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
2. Governing law and jurisdiction
This legal notice shall be governed by and construed in accordance with law of England and Wales. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the courts of England and Wales.
Any queries or comments about this Website should be directed to us via email at [email protected].
3. YLD FX NETWORK
3.1 Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
3.2 You are prohibited from posting or transmitting to or from this Website any material:
3.2.1 that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, harassment or inconvenience; or
3.2.2 for which you have not obtained all necessary licences and/or approvals; or
3.2.3 which constitutes or encourages conduct that could be considered a criminal offence, could give rise to civil liability or is otherwise contrary to the law of, or infringes the rights of any third party in, the UK or any other country in the world; or
3.2.4 which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
3.3 You may not decompile, reverse-engineer or disassemble any part of the Website or its contents or any software used in connection with the Website.
3.4 You may not misuse this Website by hacking or to send or distribute multiple unsolicited junk emails or messages, chain letters or otherwise to interface with or disrupt the service or the networks through which you have access.
3.5 You may not use this Website for any commercial, profit-making or re-sale purposes, including the systematic extraction and/or re-utilisation of any part of a service or its content.
3.6 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 3.2.3 or clause 3.2.4 of these Terms.
3.7 You acknowledge that there is a risk that the Website may knowingly contain incomplete, incorrect, inaccurate, misleading and/or false information.
3.8 You shall not upload, post or otherwise make available on www.yldfx.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.yldfx.com, you automatically grant, or represent that the owner of such material has expressly granted the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other you to access, view, store or reproduce the material for that your personal use. You hereby grant YLD FX the right to edit, copy, publish and distribute any material made available on www.yldfx.com by you.
4. TRADER EVALUATION
4.1 If you register your operating brokerage account with us, we offer the Trader evaluation services which consist of the following:
4.1.1 D-Score – we provide you with a statistically derived “grade”. This score is used for the purposes of ranking your trading history alongside with other trading histories that are reported to us. The score ranks the trading history by our subjective assessment of worthiness and as such evaluates how inclined, comparatively speaking, we would be to market it to prospective investors. A high score should not be regarded as the single criteria to be considered by us in our marketing decisions: other public and private information will be used in our decision as to whether any trading information is marketed to investors under our discretionary investment management services and investors will have a choice as to which sources they invest in, out of those offered by us.
4.1.2 YLD FX Attributes – this service breaks down the D-Score into subcomponents that highlight specific improvement potential in the trading source.
5. NO INVESTMENT RECOMMENDATIONS OR FINANCIAL ADVICE PROVIDED
5.1 No content at YLD FX is intended to provide, or should be construed as providing, any investment, tax or other financial related advice of any kind. You should not consider any information provided by us to be a substitute for professional financial advice.
5.2 If you choose to engage in transactions based on our content, then such decisions, transactions and any consequences flowing therefrom are your sole responsibility.
5.3 All performance claims found on www.yldfx.com about trading systems or strategies must be regarded as hypothetical.
6. TERMINATION
6.1 Following registration as a user, the services will continue in force until terminated by you or us. Either you or us may terminate the services for any reason by providing thirty (30) days prior written notice of termination to the other party. We may terminate the services for cause effective immediately upon written notice of termination to you by email in the event of any breach of these Terms by you.
6.2 On termination of the services, the right of User to access the services under these Terms will be withdrawn and the respective user account will be deleted.
6.3 We may terminate the services if a user commits a material breach of these Terms.
7. INDEMNITY
7.1 You will indemnify us against any liability, cost, expense, loss or any damage incurred by us (including but not limited to professional advisors’ fees) arising from your breach of these Terms, negligence, wilful default or fraud.