USER TERMS FOR THE WEBSITE
Acceptance of Terms: These User Terms govern your use of the website operated by Mirkwood Ethereal, including all pages within the website (collectively referred to as the "Website"). By accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by these User Terms. If you do not agree to these User Terms, please do not use the Website.
Changes to Terms: Mirkwood Ethereal reserves the right, at its sole discretion, to modify, update, add to, discontinue, remove, or otherwise change these User Terms at any time. Your continued use of the Website after the posting of changes to these User Terms will mean you accept those changes.
Account Information: In order to access certain features of the Website, you may be required to create an account. You agree to provide accurate and complete information when creating an account, and to promptly update your account information as necessary to keep it accurate and complete. You are solely responsible for maintaining the confidentiality of your account information, including your password, and are fully responsible for all activities that occur under your account.
Proprietary Rights: The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof (collectively, the "Content"), are owned by Mirkwood Ethereal, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Use of Content: The Content may be used solely for your personal, non-commercial use and may not be used for any commercial purpose without the express written consent of Mirkwood Ethereal. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the Content, except as follows:
(a) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
(b) you may store files that are automatically cached by your Web browser for display enhancement purposes; and
(c) you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
Prohibited Uses: You may use the Website only for lawful purposes and in accordance with these User Terms. You agree not to use the Website:
(a) in any way that violates any applicable federal, state, local, or international law or regulation;
(b) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
(c) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; or
(d) to impersonate or attempt to impersonate Mirkwood Ethereal, a Mirkwood Ethereal employee, another user, or any other person or entity.
Disclaimer of Warranties: The Website is provided on an "as is" and "as available" basis. Mirkwood Ethereal makes no representations or warranties of any kind, express or implied, as to the operation of the Website or the information, content, materials, or products included on the Website. You expressly agree that your use of the Website is at your sole risk.
Limitation of Liability: The Fund Manager shall not be liable for any loss or damage caused to the Client's computer system or data as a result of using the Algorithmic Trading Software. The Client acknowledges that there may be risks inherent in using any software over the internet, and the Client assumes these risks.
Termination: Either party may terminate this Agreement at any time by giving written notice to the other party. Upon termination, the Client shall immediately cease all use of the Algorithmic Trading Software and shall promptly destroy or return all copies of the Algorithmic Trading Software in the Client's possession or control.
Intellectual Property: The Algorithmic Trading Software and all intellectual property rights related thereto are and shall remain the property of the Fund Manager. The Client shall not, and shall not permit any third party to, reverse engineer, decompile, or otherwise attempt to derive the source code of the Algorithmic Trading Software.
Confidentiality: The Client shall maintain the confidentiality of the Algorithmic Trading Software and shall not disclose it to any third party. The Client shall use the Algorithmic Trading Software solely for the purpose of using it to trade CFD's.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which the Fund Manager is based.
Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, and negotiations between the parties relating to the subject matter of this Agreement.
Modifications: This Agreement may only be modified in writing signed by both parties.
No Waiver: The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of future enforcement of that or any other provision.
Assignment: The Client shall not assign this Agreement or transfer any rights or obligations hereunder, without the prior written consent of the Fund Manager. The Fund Manager may assign this Agreement in whole or in part to any third party.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Dispute Resolution: Any dispute arising out of or related to this Agreement shall be resolved through arbitration in accordance with the rules of the International Chamber of Commerce. The arbitration shall be conducted in the jurisdiction in which the Fund Manager is based. The arbitration award shall be final and binding on the parties.