moneyscience.com provides the Web Site for informational purposes only. Your access to the Web Site is subject to the Terms & Conditions, and all applicable laws. By accessing, browsing and/or using the Web Site, you accept, without limitation or qualification, the Terms & Conditions as they apply to you.
Each time you use the Web Site, the current version of the Terms & Conditions will apply. You will be notified by email or alerted by a pop-up if there have been changes to the Terms & Conditions.
Definitions and Interpretation
The following terms shall have the following meanings:
- ‘Account’ means collectively the personal information, Payment Information and credentials used by Users to access Material and / or any communications System on the Web Site;
- ‘Content’ means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site
- ‘Data’ means collectively all information that you submit to the Web Site. This includes, but is not limited to, Account details and information submitted using any of our Services or Systems;
- ‘License’ means the Terms & Conditions governing the use of Material purchased from this Web Site;
- ‘Material’ means Content that moneyscience.com makes available for purchase or subscription by Users subject to the terms of the appropriate License;
- ‘moneyscience.com’ means Money Science Limited , Kemp House 152-160 City Road, London EC1V 2NX.
- ‘Payment Information’ means any details required for the purchase of Material from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
- ‘Purchase Information’ means collectively any orders, invoices, confirmation emails, receipts or similar that may be in hard copy or electronic form;
- ‘Service’ means collectively any online facilities, tools, services or information that moneyscience.com makes available through the Web Site either now or in the future;
- ‘System’ means any online communications infrastructure that moneyscience.com makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
- ‘Terms & Conditions‘ means the terms set out on the Web Site regarding its use as applicable to the user;
- ‘User / Users’ means any third party that accesses the Web Site and is not employed by moneyscience.com and acting in the course of their employment; and
- ‘Web Site’ means the website that you are currently using (www.moneyscience.com) and any sub-domains of this site (e.g. subdomain.support.moneyscience.com) unless expressly excluded by their own Terms & Conditions.
General Terms & Conditions
1.1. Subject to these Terms & Conditions, we grant to you a limited, personal, non-exclusive, non-transferable license to use the Service for personal, non-commercial purposes. Use for any other purpose requires a separate explicit agreement to be negotiated and signed between yourself and moneyscience.com. Your right to use the Service is limited by the terms of these Terms & Conditions. Except for this license granted to you, we retain all right, title, and interest in and to the Site, including all related intellectual property rights, where applicable. The Site is protected by applicable intellectual property laws, including the copyright laws of England and Wales and international treaties. We reserve the right to modify or terminate the moneyscience.com service for any reason, without notice at any time.
3.1. Users may only maintain one single active registration with moneyscience.com . By accepting this agreement, you certify that you personally have no other registration with moneyscience.com unless explicitly agreed with moneyscience.com by separate written agreement. Each user may select his or her own visible name, and may change this name from time to time. By becoming a user, you agree to have your visible name and such other content as you nominate as visible to other users displayed on the site. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. Failure to conform to this requirement shall constitute a breach of these Terms & Conditions, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the service shall be for your personal use only.
- No Recommendations or Advice
4.1. moneyscience.com is not a registered financial advisor or broker/dealer. moneyscience.com should be used for informational purposes only and its content does not constitute investment advice. moneyscience.com, and its employees and agents are not financial advisors and are not regulated by the UK Financial Services Authority or any other regulatory body. If you make investment decisions in reliance on information you receive in connection with the Service, you do so at your own risk and moneyscience.com, its employees, and its management will not be liable for any losses that you may sustain.
4.2. You should not make any investment decision without first consulting professional financial advisors and conducting your own research, including carefully reviewing the prospectuses and other public filings of any relevant issuer. To the maximum extent permitted by law, moneyscience.com disclaims any and all liability in the event any information, analysis, opinions, advice or recommendations on the Site are inaccurate, incomplete or unreliable or result in any investment or other losses. Nothing on the Site should be construed as an offer to sell, an offer to buy, a promotion, or a recommendation for any security or investment by moneyscience.com or by any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation.
- Securities Disclaimer
5.1. You acknowledge that an investment in any security, derivative, commodity, currency, cryptocurrency or contract is subject to a number of risks and that discussion of any security, derivative, commodity, currency, cryptocurrency or contract published on the Site will not contain a list or description of relevant risk factors. In addition, please note that some of the investments as to which content is published on the Site may have a low market capitalization, insufficient public float or inadequate secondary market liquidity. Such investments are subject to more risk than investments in larger or more liquid investments, including greater volatility, lower liquidity and the lack of publicly available information. Users should always take appropriate professional advice, including advice regarding the suitability of such investments for their circumstances, prior to any participation in such investments and prior to participation in any such discussion.
- Eligibility and Restrictions
6.1. You must be 18 years of age or older to use the Service. It is not intended for those under the age of 18. Use of the Service is void where prohibited. You represent and warrant that the profile information you submit is true and accurate and that your use of the Service will not violate any applicable law or regulation. You represent and warrant that you are 18 years of age or older and are fully able and competent to enter into, and abide by the terms of this Agreement.
6.2. When using the Service, you must comply with all applicable laws, including without limitation, the rules and regulations of the UK Financial Services Authority, the Financial Services and Markets Act 2000, the Financial Promotions Order 2005, the European Union Markets in Financial Instruments Directive (MiFID), U.S. Securities and Exchange Commission and the national or other securities exchanges of any jurisdiction in which you are located or operate, or which apply to your activities, including compliance with rules against making false or misleading statements to manipulate the price of a security and any requirements regarding the promotion of investments or the listing of primary securities. You personally will not, and will not permit anyone else to:
6.2.1. Store, copy, modify, distribute, or resell any of the content made available on the Site or compile or collect any content as part of a database or other work, except where such content explicitly permits such use
6.2.2. Use any automated tool (e.g., robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content, except where such content explicitly permits such use.
6.2.3. Rent, lease, or sublicense your access to the Site to another person
6.2.4. Use the Service or Site Content for any purpose except for your own personal use except where explicitly permitted
6.2.5. Circumvent or disable any digital rights management, usage rules, or other security features of the Service
6.2.6. Use the Service in a manner that threatens the integrity, performance, or availability of the Service
6.2.7. Remove, alter, or obscure any proprietary notices (including copyright notices and license terms) on any portion of the Site content
- User Conduct
7.1. moneyscience.com asks that you respect our on-line community and participating individuals. Your conduct should be guided by common sense and basic etiquette. To further these common goals when posting submissions to or otherwise using the Site, you agree not to:
7.1.1. Use moneyscience.com’s facilities, services or resources (including the Service) in a manner which violates any applicable laws or regulations;
7.1.2. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; use racially, ethnically, or otherwise offensive language; or discuss or incite illegal activity; or use explicit/obscene language or solicit/post sexually explicit images (actual or simulated);
7.1.3. Impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7.1.4. Intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission; solicit a member’s password or other account information; or harvest user names, email addresses or other personal information for any purpose;
7.1.5. Post submissions that contain nudity, violence, or offensive subject matter;
7.1.6. Promote information that you know to be false or misleading or that promotes or facilitates illegal activities, piracy, or conduct that is abusive, threatening, obscene, defamatory or libellous;
7.1.7. Sell or otherwise transfer your profile or account on the Service; or
7.1.8. Use moneyscience.com’s facilities, services or resources in a manner that interferes with or disrupts other network users, services or equipment. Such interference or disruption includes, but is not limited to: (i) propagation of computer worms or viruses, (ii) use of the network to make unauthorized entry to other computational, information or communications devices or resources, or (iii) use of automated processes to interact with the Service, such as scripts to harvest data. This includes unauthorized security probing activities or other attempts to evaluate the security integrity of a network or host system without permission.
7.2. moneyscience.com reserves the right to investigate and take legal action against anyone who, in our sole discretion, violates the restrictions set forth in this Agreement, including without limitation removing any offending profile information or submissions, and terminating your access to the Service.
8.1. Either moneyscience.com or you may terminate your Account. If moneyscience.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
8.2. If moneyscience.com terminates your Account, we immediately forfeit all rights to use your Material and your Material will be removed from the Web Site. Any outstanding balances due, less applicable commissions and expenses, will be paid to you within two months following receipt of such amounts from the underlying end-user.
8.3. If you terminate your Account, all rights held by moneyscience.com to use your Material are deemed revoked and your Material will be removed from the Web Site. Any outstanding balances due, less applicable commissions, will be paid to you within one month following receipt of such amounts from the underlying end-user.
- moneyscience.com intellectual property rights
9.1. You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by moneyscience.com, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. moneyscience.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interfaces that are provided by moneyscience.com for use in accessing the Service.
10.1. moneyscience.com may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about the Service (“Feedback”). You agree that moneyscience.com may, in its sole discretion, use the Feedback you provide to moneyscience.com in any way, including in future modifications to the Service. You hereby grant moneyscience.com a perpetual, worldwide, fully transferable, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute and display the Feedback in any manner for any purpose.
11.1. moneyscience.com makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
11.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
11.3. The information on this Web Site is not designed with commercial purposes in mind. Commercial use of the Content of this Web Site is forbidden under Clause 2.2.1 of these Terms & Conditions. Any such use constitutes a breach of these Terms & Conditions and moneyscience.com makes no representation or warranty that this Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
11.4. Whilst every effort has been made to ensure that all descriptions of services available from moneyscience.com correspond to the actual services available, moneyscience.com is not responsible for any variations from these descriptions.
11.5. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
11.6. To the maximum extent permitted by law, moneyscience.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein.
11.7. YOUR USE OF THE SERVICE AND WEBSITE CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. moneyscience.com EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE AND WEBSITE CONTENT, AND YOU RELY ON THE SERVICE AND WEBSITE CONTENT AT YOUR OWN RISK. ANY MATERIAL OBTAINED THROUGH THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM moneyscience.com OR THROUGH OR FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Availability of the Web Site
12.1. The Service is provided as is and on an as available basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
12.2. moneyscience.com accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- No Waiver
13.1. In the event that any party to these Terms & Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Limitation of Liability
14.1. To the maximum extent permitted by law, moneyscience.com accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
14.2. Whilst every effort is made to keep viruses and similar malicious software or code out of Content, Material, Systems and Services provided by moneyscience.com , moneyscience.com accepts no liability for any damage done by such elements. Users bear the responsibility of ensuring adequate virus protection for their own systems and are advised to make regular and frequent back-ups.
14.3. Nothing in these Terms & Conditions excludes or restricts moneyscience.com’s liability for death or personal injury resulting from any negligence or fraud on the part of moneyscience.com .
14.4. Whilst every effort has been made to ensure that these Terms & Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms & Conditions and shall not affect the validity and enforceability of the remaining Terms & Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
14.5. moneyscience.com WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF moneyscience.com HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE AND WEBSITE CONTENT. UNDER NO CIRCUMSTANCES WILL moneyscience.com’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR WEBSITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO moneyscience.com FOR USE OF THE SERVICE AND WEBSITE CONTENT. BECAUSE SOME JURISDICATIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.1. You will indemnify and hold moneyscience.com, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any costs, damages, expenses, and liability caused by your use of the Service or Site Content, your violation of this Agreement, or your violation of any rights of a third party through use of the Service or Site Content.
- Law and Jurisdiction
16.1. These Terms & Conditions and the relationship between you and moneyscience.com shall be governed by and construed in accordance with the Law of England and Wales and moneyscience.com and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
17.1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Previous Terms & Conditions
18.1. In the event of any conflict between these Terms & Conditions and any prior versions thereof, the provisions of these Terms & Conditions shall prevail unless it is expressly stated otherwise.
- Contacting moneyscience.com
19.1. If you have any questions or concerns about the Service or this Agreement, please send us a thorough description by contacting moneyscience.com HERE.
TERMS & CONDITIONS FOR THE USE OF FREE FORUMS, BLOGS, COMMENT AND COMMUNICATION FACILITIES
This agreement applies as between you, the User of this Web Site and moneyscience.com, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms & Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms & Conditions, you should stop using the Web Site immediately.
- Intellectual Property
1.1. Subject to the exceptions in Clause 3 of these Terms & Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of moneyscience.com, or our affiliates. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
1.2. Subject to Clause 4 of these Terms & Conditions you may print, reproduce, copy, distribute, store or in any other fashion re-use Content from the Web Site for personal purposes only unless otherwise indicated on the Web Site or unless given express written permission to do so by moneyscience.com. Personal use includes, but is not limited to, recreational use, social use, and use in education as a student or teacher. Specifically you agree that:
1.2.1. you will not use the Content of the Web Site for commercial purposes; and
1.2.2. you will not systematically copy Content from the Web Site with a view to creating or compiling any form of comprehensive collection, compilation, directory or database unless given express written permission to do so by moneyscience.com.
- Third Party Intellectual Property
2.1. Where expressly indicated, certain Content and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 2 of these Terms & Conditions to use Content from the Web Site. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
- Fair Use of Intellectual Property
3.1. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
4.1. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of moneyscience.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
5.1. Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.moneyscience.com or to sub-pages residing under this domain. Deep linking (i.e. links to specific pages within the site) is permitted where such pages are accessible.
5.2. When using the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
5.2.1. you must not use obscene or vulgar language;
5.2.2. you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
5.2.3. you must not submit Content that is intended to promote or incite violence;
5.2.4. it is advised that posts on message boards, chat facilities or similar and communications with moneyscience.com are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
5.2.5. content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
5.2.6. you must not post links to other web sites containing any of the above types of Content;
5.2.7. the means by which you identify yourself must not violate these Terms & Conditions or any applicable laws;
5.2.8. you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
5.2.9. you must not impersonate other people, particularly employees and representatives of moneyscience.com or our affiliates;
5.2.10. you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
5.2.11. you must not use our System for unauthorised mass-communication such as spam or junk mail.
5.3. You acknowledge that moneyscience.com reserves the right to monitor any and all communications made to us or using our System.
5.4. In order to use the Forums, Blogs, Comment Facilities, News Channels and Communication Facilities and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
5.4.1. any information you submit is accurate and truthful; and
5.4.2. you will keep this information accurate and up-to-date.
5.5. By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Further, you waive all moral rights in the Content to be named as its author and grant moneyscience.com a licence to modify the Content as necessary for its inclusion on the Web Site. moneyscience.com accepts no responsibility or liability for any infringement of third party rights by such Content.
5.6. Unless a User informs moneyscience.com otherwise, in advance of posting, in writing, and moneyscience.com agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as moneyscience.com may deem appropriate under a royalty-free, perpetual basis.
5.7. moneyscience.com will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
5.8. Content submitted by Users is not screened by moneyscience.com prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to [email protected]. This does not constitute an undertaking to explain our actions.
- Termination and Suspension
6.1. In the event that any of the provisions of Sub-Clause 5.2 above are not followed, moneyscience.com reserves the right to suspend or terminate your access to the Service. Any Users banned in this way must not attempt to use the Website under any other name or by using the access credentials of another User, with or without the permission of that User.
TERMS & CONDITIONS PERTAINING TO ONLINE SALE OF IP
This agreement applies as between you, the User of this Web Site and moneyscience.com , the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms & Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms & Conditions, you should stop using the Web Site immediately.
No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon the relevant Material being made available to you.
- Age Restrictions
1.1. The Web Site as a whole is only usable by persons over the age of 18, however purchases may only be completed by persons over the age of 18 (or 21 in jurisdictions where this is the legal age of majority).
1.2. Certain Material available on the Web Site, where indicated, may be unsuitable for persons under the age of 18 (or 21 in jurisdictions where this is the legal age of majority).
- Intellectual Property
2.1. Subject to the exceptions in Clause 4 of these Terms & Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of moneyscience.com , our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by moneyscience.com.
- Third Party Intellectual Property and Material
3.1. Material available for purchase on this Web Site is always accompanied by the details of its respective author and owner. The Material is the property of the author and owner detailed. Such ownership extends to any free previews of Material that may be available on this Web Site.
3.2. Subject to Clause 5, Purchased Material is subject to the accompanying Licence and is to be used only in accordance with the terms of that Licence. Use without a Licence or beyond the terms of such a Licence is prohibited subject to any alternative agreement between you and the owner of the relevant Material.
3.3. Free previews of Material may be used in works in progress. Such preview Material must be removed from and / or replaced with purchased Material for any versions of works that are released to any parties other than co-authors. Under no circumstances are Material previews or any work containing them to be commercially exploited.
- Fair Use of Intellectual Property
4.1. Material from the Web Site may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- Links to Other Web Sites
5.1. This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of moneyscience.com or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
- Links to this Web Site
6.1. Those wishing to place a link to this Web Site on other sites may do so either to the home page of the site, or by deep linking (i.e. links to specific pages within the site). Where such pages are public pages, such use shall not require that any credentials are provided. Where such pages are protected by access control credentials, those linking shall be required to have registered with this Web Site and agreed to bound by all its Terms & Conditions, and shall undertake not to take any action or employ any method to bypass such access control credentials, nor to employ any screen-scraping or facsimile techniques to create unauthorised copies of such pages.
- Use of Communications Facilities
7.1. When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
7.1.1. You must not use obscene or vulgar language;
7.1.2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3. You must not submit Content that is intended to promote or incite violence;
7.1.4. You must not make any solicitation for investment or provide any materials that constitute a financial promotion, public offering, invitation to subscribe for securities, or are in any way in contravention of relevant securities regulations or financial conduct regulations in your jurisdiction, in England and Wales, or in the jurisdictions of any person or organisation to whom you grant access to such materials.
7.1.5. It is advised that submissions are made using the English as we may be unable to respond to enquiries submitted in any other languages;
7.1.6. The means by which you identify yourself must not violate these Terms & Conditions or any applicable laws;
7.1.7. You must not impersonate other people, particularly employees and representatives of moneyscience.com or our affiliates; and
7.1.8. You must not use our System for unauthorised mass-communication such as spam or junk mail.
7.2. You acknowledge that moneyscience.com reserves the right to monitor any and all communications made to us or using our System.
- Submitting Material
8.1. Submissions of material to be sold on the Web Site are governed by our Material Submission Rules.
9.1. In order to purchase Material on this Web Site and to use the Forums, Blogs, Chat facilities, Messaging Facilities, Comment facilities, and Content Contribution facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
9.1.1. all information you submit is accurate and truthful;
9.1.2. you have permission to submit Payment Information where permission may be required; and
9.1.3. you will keep this information accurate and up-to-date.
9.2. Your creation of an Account is further affirmation of your representation and warranty.
9.3. It is recommended that you do not share your Account details, particularly your username and password. moneyscience.com accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
9.4. If you have reason to believe that your Account details have been obtained by another without consent, you should contact moneyscience.com immediately to suspend your Account. Please be aware that due to the instantaneous nature of Material delivery, pending or completed purchases cannot be cancelled.
9.5. When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
10.1. Either moneyscience.com or you may terminate your Account. If moneyscience.com terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
10.2. If moneyscience.com terminates your Account, you do not retain the right to use the Material purchased from us.
10.3. If you terminate your Account, you do not retain the right to use the Material purchased from us.
10.4. moneyscience.com reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and granting access to Material.
- Material, Pricing and Availability
11.1. Whilst every effort has been made to ensure that all graphical representations and / or descriptions of Material available from moneyscience.com correspond to the actual Material, moneyscience.com is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Material, not different Material altogether. Please refer to Clause 13 for incorrect or faulty Material.
11.2. Where appropriate, you may be required to select the required size, quality, format, number and/or other features/attributes of the Material that you are purchasing.
11.3. moneyscience.com does not represent or warrant that such Material will be available. Material may be temporarily unavailable due to problems with the Service, maintenance or similar. Alternatively, Material that is no longer available may remain referenced on the Web Site for a short time before removal.
11.4. All pricing information on the Web Site is correct at the time of going online. moneyscience.com reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
11.5. In the event that prices are changed during the period between an order being placed for Material and moneyscience.com processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
11.6. All prices on the Web Site do not include VAT or applicable Sales and Use Taxes. moneyscience.com’s VAT number is GB902 7652 32
- Refunds Policy
12.1. These Terms & Conditions cover only faults that impair the use of the Material. This includes, but is not limited to, data corruption.
12.2. These Terms & Conditions do not cover use difficulties arising out of issues such as file incompatibility or minor mistakes in the Material itself such as spelling errors or graphical faults that do not result from data corruption.
12.3. If Material contains faults on download, you should inform moneyscience.com immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of moneyscience.com s management.
12.4. If you change your mind and decide that you no longer require the Material you have purchased, refunds will be available at the exclusive discretion of moneyscience.com s management.
12.5. In the event that the incorrect Material is downloaded due to an error on the part of moneyscience.com , you should inform us immediately and must inform us within 24 hours of the download in order to receive a refund equal to the purchase price of the relevant Material. Any notification received outside of this time period is at the exclusive discretion of moneyscience.com s management.
12.6. Where any refund is issued, you are required to delete and / or destroy any copies of the Material, electronic or otherwise. Any other works into which the Material has been integrated must have the Material removed from them or, where this is not possible, be deleted and / or destroyed themselves. Failure to do so will result in you being in breach of the Licence under which you purchased the Material.
12.7. If you wish to request a refund for any of the above reasons, please contact us using the details on [email protected] to make the appropriate arrangements.
- Changes to the Service and these Terms & Conditions
14.1. moneyscience.com reserves the right to change the Web Site, its Content or these Terms & Conditions at any time. You will be bound by any changes to the Terms & Conditions from the first time you use the Web Site following the changes. If moneyscience.com is required to make any changes to Terms & Conditions relating to sale of goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
TERMS & CONDITIONS PERTAINING TO THE SUBMISSION OF MATERIALS BY USERS
- Submission of Material
See our Contributor Agreement for Further Information
- Moderation and Removal / Amendment Of Content
2.1. moneyscience.com does not actively monitor your postings to the Site. However, in our efforts to promote good citizenship within the moneyscience.com community, if moneyscience.com becomes aware of inappropriate use of the Service, moneyscience.com shall be entitled to respond in any way that we deem appropriate in our sole discretion. You acknowledge that moneyscience.com may report to government authorities any actions that may be considered illegal, as well as any reports it receives of such conduct. When requested, moneyscience.com may cooperate with government authorities in any investigation of alleged illegal activity.
2.2. moneyscience.com may remove or modify any submission that moneyscience.com determines, in its sole discretion, violates the terms of this Agreement or are otherwise deemed by moneyscience.com to be inappropriate for posting.
- Non-Commercial Submissions to moneyscience.com
3.1. You will retain ownership rights in such submissions. However, by submitting your post or comments to us, you hereby grant to moneyscience.com, a perpetual, non-exclusive, fully paid, royalty-free, worldwide license (with the right to sub-license through multiple tiers of sub-licensees) to use, copy, modify, adapt, transmit, and distribute your submissions unless otherwise restricted by this Agreement including as provided by our Privacy Statement. Where any additional restrictions are imposed, they shall be documented as follows:-
3.1.1. For third-party Widgets or plug-ins included in the Widget Gallery:- Contributors may further reserve their rights by including an appropriate copyright statement attributing ownership of the copyright to the licensor party, (including reference to any right to distribute afforded by any license obtained from the copyright holder (where applicable) and reference or link to the appropriate licensing terms), within the relevant section of the deployed Elgg plug-in.
3.1.2. This statement shall specify whether the license conferred to moneyscience.com excludes any of the following uses- “copy”, “modify”, “adapt”. The license granted cannot exclude the following uses which are intrinsic to the inclusion of the content within the platform- “use”, “transmit”, “distribute”. If you wish to exclude any of these uses you should consider whether it is appropriate to post the content, or in the event of doubt should contact moneyscience.com to discuss the specific basis of use intended. Additionally, where such widgets include elements themselves derived from or including code or content subject to existing licensing terms (such as GNU GPL v2 which requires that all derivative works are themselves licensed on the same basis), the contributor must ensure that they are entitled to impose such restrictions under the terms of the associated license in order for such restriction to have any binding effect.
3.1.4. For trademarks, logos or other commercially sensitive content:- Where such content is included in posts, profiles, etc for display on the site, or uploaded into media galleries or file repositories within the site, an appropriate copyright notice should be displayed with the content. For images, audio and video content, it is recommended that such notices are explicitly superimposed on the artifact itself, or the artifact is mounted on a suitable canvas along with the copyright notice so as to cause them to be intrinsically bound together (for example by flattening the layers of an image to create a new image including both the original artifact and the copyright notice), or the copyright notice is bound to the artifact as metadata in a way which causes it to be carried with the artifact when it is saved, copied or reproduced, and which is readily accessible to anyone attempting to do so (such as its inclusion in the associated “properties” field.
3.2. Where the artefact or embed code has been made explicitly available by the copyright holder for the purposes of syndicating the underlying service or content, the contributor is responsible for ensuring that the Terms & Conditions are complied with and any associated requirements for attribution, copyright notices or display of license terms are displayed.
3.3. moneyscience.com will not accept any liability for the display of such content on its platform, and by accepting these terms the contributor accepts all liability for the consequences of any copyright violation, and holds moneyscience.com indemnified accordingly. In the event of any complaint regarding such usage, moneyscience.com reserves the right to suspend the availability of the content and disclose the identity of the contributor to the complainant in the event that in moneyscience.com’s reasonable view there is any basis to the complaint, or if required to do so by any legal process or statutory authority in any relevant jurisdiction.
3.4. The contributor shall be solely responsible for any consequential loss, interruption of continuity of service to subscribers to the content or any derived work, and responsible for refunding any monies due to subscribers in respect of content sold but not delivered, or delivered in violation of Terms & Conditions. moneyscience.com will not accept any responsibility for the consequences of such failure and resolution shall be solely a matter for resolution between the subscriber and the contributor. By accepting these terms of service, users indemnify moneyscience.com from any claim or liability associated with the use of such content; whether as user, subscriber or contributor, and agree not to pursue remedy against moneyscience.com to the fullest extent permissible in law.
3.5. Where content includes descriptions, implementations, or examples of technical components, business methods or other elements subject to Patent or Patent Pending, the Patent Holder may optionally display a notice alerting user to the existence of the Patent and associated registration details.
3.6. You further represent and warrant that:
3.6.1. You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.
3.6.2. All non-commercial contributions to the Site shall be regarded as being contributed under the terms of a Creative Commons Attribution-Share Alike 2.0 UK: England & Wales license, unless explicitly associated with another license, either as explicitly listed according to the procedures listed above or as defined using any specific license management facilities provided within the Site, and in the absence of such explicit provisions you hereby grant to other users of the site the right to use, copy, modify, adapt, transmit, and distribute your submissions in accordance with the terms of such license. You further represent and warrant that:
3.6.3. You own all right title and interest in your submissions or otherwise have the right to grant the license set forth herein, and
3.6.4. The posting of your submissions on or through the Site does not (and will not) violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
3.6.5. You agree to pay all royalties, license fees and any other monies owing any person by reason of any submission posted by you on or through the Site. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, or any other harm resulting from any submissions.
- Commercial Submissions to moneyscience.com
4.1. Where contributions are contributed on a commercial basis, by submitting Material you expressly agree that moneyscience.com may use your Material in the following ways:
4.1.1. for display;
4.1.2. for promotional and public relations purposes;
4.1.3. for distribution;
4.1.4. for publication; and:-
4.1.5. for onward distribution as agent under the terms of the applicable moneyscience.com Re-sale and Distribution Agreement, and in accordance with the terms of any license associated with such Material and lodged within the Site as metadata associated with such materials in the manner prescribed.
4.2. Where your Material is offered on a commercial basis, you are entitled to receive consideration from sales of your Materials to end-users at the rates described in the billing schedule associated with each license. Your agreement with such end-user shall be subject to compliance with the terms of the applicable MoneyScience Re-sale and Distribution Agreement as agreed with yourself. Unless explicitly agreed to the contrary within the terms of such agreement, moneyscience.com shall be entitled to re-sale commissions at the rate of 20% of the net invoice amount associated with such sales, accumulated and invoiced monthly. Unless agreed otherwise by separate agreement, Commissions will be invoiced separately and withheld from the balance of periodic payments made by MoneyScience in respect of the accumulated balance of sales of your Materials and collected on your behalf.
4.3. moneyscience.com will make all reasonable attempts to monitor and report the sales of such materials within the Site, but will have no liability in respect of distribution beyond the Site where such distribution is outside the terms of these Terms & Conditions or is otherwise the subject of non-compliance with these Terms & Conditions or any separate Terms & Conditions, Licenses, conditions of sale or contracts applying to the Material in question
4.4. By contributing such Materials, you explicitly acknowledge that moneyscience.com has no liability in respect of opportunity cost, loss of profits, goodwill, use, data or other intangible losses, (even if Hedeghogs.net has been advised of the possibility of these damages.
6.1. You agree to indemnify, defend and hold harmless moneyscience.com and, where appropriate, its officers, employees, shareholders, directors and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal costs and expenses, arising out of or related to a breach of these Terms & Conditions, the use of this Web Site, and the use or the inability of use of any Material, your failure to abide by any restriction relating to the use of Material, or any claim by a third party relating to the use of Material.