The following terms and conditions (the “Terms”) govern all use of the trendydots.com website, and any other website or mobile device application owned and operated by Cristian-Dan Bara e.U. or its affiliates (collectively, the “Site” or the “Sites”) and the non-paid and paid products and services available at the Sites (taken together with the Sites, the “Service”). Please read these terms and conditions carefully as your use of the Site is subject to them. Trendy Dots reserves the right at its sole discretion to change, modify or add to these terms and conditions without prior notice to you. By continuing to use the Site you agree to be bound by such amended terms.
Subject to the terms hereof, we hereby provide you with a non-exclusive, revocable, limited licence to do the following: (a) browse the Site and view the information on it for private, non-commercial use only; (b) print off pages from the Site to the extent reasonably necessary for your use of the Site in accordance with the above provided that at all times you do not do any of the things listed in clause 2.
Subject to these terms and conditions, you may not: (a) systematically copy (whether by printing off onto paper, storing on disk or in any other way) substantial parts of the Site; (b) remove, change or obscure in any way anything on the Site or otherwise use any material contained on the Site except as set out in these terms and conditions; (c) reproduce, retransmit, disseminate, sell, publish, broadcast the Site or any portion of it, or use the Site or anything available on it in connection with creating, promoting, trading or marketing investment products without our express written consent or (d) Use the Site for unlawful purposes or fail to comply with any applicable laws, statutes or regulations that apply to your access or use of the Site or any information taken or derived from it.
You acknowledge that:
(a) We do not provide investment advice (as defined in the Financial Services Act 1986), that nothing on the Site constitutes investment advice and that you will not treat any of the Site's content as such;
(b) We do not recommend any financial product;
(c) We do not recommend that any financial product should be bought, sold or held by you;
(d) Nothing on the Site should be construed as an offer, nor the solicitation of an offer, to buy or sell securities by us; and
(e) The information which may be referred to on the Site from time to time may not be suitable for you and that you should not make any investment decision without consulting a fully qualified financial adviser.
(f) The information displayed is obtained from publicly available data and Trendy Dots e.U. and its affiliates do not guarantee the accuracy, adequacy or completeness of any information and are not responsible for any errors, or omissions, or for the results obtained from the use of such information; and especially state that they have no liability whatsoever to any user as a result of utilizing the information provided herein.
Trendy Dots further reserves the right to disclose the identity or other information connected to user contributions at the request of law enforcement authorities or judicial order. You waive and hold harmless Trendy Dots and its affiliates from any claims resulting from any action taken by Trendy Dots or its affiliates during or as a result of its investigations by Trendy Dots or law enforcement authorities.
5.1 All copyright and other intellectual property rights in any material (including, without limitation,
text, photographs and other images and sound) contained in the Site is either owned by us or our third party
content providers. You are only allowed to use the Site and the material contained in the Site as set out in
these terms and conditions.
5.2 The Site contains certain trade marks, All trademarks included on the Site are the property of Trendy Dots, or its content providers. You are not allowed to copy or otherwise use any of these trademarks in any way except as set out in these terms and conditions.
5.3 As a reserch organisation, Trendy Dots benefits from a copyright exception throught the EU Copyright Directive to carry out text and data mining on large sets of data, provided by third parties and reacheable on the Site.
In addition to the above, the following provisions shall apply to you if you have opted to subscribe to premium content/functionality on the Sites (collectively, the “Premium Service”).
6.1 Subscription and Service You may not use any portion of the Premium Service without a valid subscription from Trendy Dots. To obtain a subscription, you must register as a paying user on Sites. Your subscription will not be valid unless and until Trendy Dots accepts your registration. By registering for the Premium Service, you represent and warrant that all registration information that you provide is true, complete, and accurate, and you agree to notify Trendy Dots promptly of any changes to this registration information.
You may be offered a free trial subscription to the Premium Service, beginning on the date on which Trendy Dots accepts your registration and you will be notified of the length of the trial subscription. If you do not terminate this subscription to the Premium Service during this trial period by notifying Trendy Dots on the email address provided to you at the time you register for the free trial subscription, the initial term of your regular paid Premium Service subscription will start immediately after the free trial period ends, and will continue for the length of time that you selected when you registered.
You understand that, unless you notify Trendy Dots on the email address provided to you at the time that you register for the Premium Service, that you wish to terminate your Premium Service subscription before the end of your then-current subscription term, your subscription will continue to automatically renew for successive terms of the same duration and your credit card will be charged for each such renewal at the applicable subscription fee in effect at the time of that renewal. In those instances where you took advantage of a special or introductory offer to become a Premium Member, your subscription will automatically renew at Trendy Dots’ then-current subscription fee to the term specified in the offer and your credit card will be charged the subscription fee in effect at the time of that renewal. The term "subscription term" shall refer to the term of your subscription then in effect, regardless of whether it is the initial term or any renewal of that term.
TRENDY DOTS RESERVES THE RIGHT TO CHANGE THE PREMIUM SERVICE AT ANY TIME WITHOUT NOTICE (INCLUDING BUT NOT LIMITED TO ADDING OR REMOVING FEATURES). IF YOU ARE DISSATISFIED WITH ANY SUCH CHANGES, OR IF YOU ARE OTHERWISE DISSATISFIED WITH THE PREMIUM SERVICE (INCLUDING BUT NOT LIMITED TO ITS PERFORMANCE OR AVAILABILITY), YOUR ONLY REMEDY WILL BE TO CANCEL YOUR SUBSCRIPTION, AS SET FORTH BELOW.
Your subscription is personal to you, and you may not transfer or share your subscription with any other person (including but not limited to your co-workers) other than immediate family members living in the same household, provided that: (i) such family members have read and agree to be bound by the terms and conditions and these Premium User Provisions; (ii) your Premium Service subscription is not simultaneously used by more than one person at any given time; and (iii) you agree to be responsible for any use other than that described in (i) and (ii).
6.2 Charges and Billing Practices
If offered a free trial to the Premium Service, you will not be charged a subscription fee during that free trial period. Subscription Fees on credit-card transactions will be authorized immediately, but not actually processed until the trial period has expired. If you remain a subscriber to the Premium Service (a “Premium Member”) when your free trial period ends, you will be charged for the initial term of your Premium Service subscription and then, at the beginning of each renewal term, if any, you will be charged the then-current Premium Service subscription fee for the term length you selected. Subscription fees will be based upon the subscription rates in effect at the start of each subscription term and will apply whether or not you actually use the Premium Service during that term. You may always find the current retail subscription rates by reviewing the Pricing portion of the Site. Subscription fees are non-refundable, except as set forth below.
We reserve the right to change the subscription or other fees it charges for products, services or features (collectively, "Products") offered in connection with the Premium Service and/or the Site at any time. These sorts of changes include, but are not limited to, adding fees for new/optional Products and/or modifying fees for existing Products. By using any of the Products with which there are associated fees, you agree to pay those fees and that Trendy Dots may charge your credit card for those fees. If you do not want to pay these associated fees, you must cancel your subscription, as set forth below.
Subscription fees and all others fees and charges associated with your subscription (including, but not limited to VAT) will be billed automatically to the credit card you provide ("your credit card") when registering for the Premium Service.
You may cancel your subscription by writing to the email address listed below under "Customer Service and Product Support" to notify Trendy Dots.
If you cancel your subscription during your free trial period, you will not be responsible for the payment of a subscription fee (but may, as set forth above, be responsible for printing fees associated with your exceeding the Printable Reports minimums). However, except as otherwise provided herein, if you subscribe on an annual or greater basis and you cancel your Premium Service subscription at any time after your trial period expires, your membership will terminate on that date. (For example, if your paid subscription start date is on January 1 and you cancel on June 15, your membership terminates on June 15, at which time it ends.) For persons that subscribe on an annual or greater basis, any remaining prepaid charges will be refunded, prorated on an annual basis, to your credit card after your membership is terminated. If you subscribe on a monthly basis and subsequently cancel your subscription during a month, your subscription will continue to the end of its monthly term and you will be entitled to continue to use the Premium Service until the time of termination. Trendy Dots may immediately cancel your subscription, without notice or liability, if it determines in its sole discretion that: (i) you have breached any portion of the terms and conditions or these Premium User Provisions; or (ii) your use of or access to the Premium Service or the Site violates any applicable law or regulation or otherwise inhibits any other subscriber from using or accessing the Premium Service or any other service offered by Trendy Dots on the Site. None of the foregoing limits any other legal, equitable, or contractual rights available to Trendy Dots. Trendy Dots may, in its sole discretion, choose not to renew your subscription by sending a notice of non-renewal at any time during your subscription term to the e-mail address you provided when completing your registration or to a new email address where you have notified us of your change in e-mail address. You will be deemed to have received this notice, whether or not you saw it or the email address most recently provided by you continues to be valid. In the event of such a notice, your subscription will cease and will not automatically renew at the end of your then-current subscription term.
6.4 Customer Service and Product Support
For customer service related to your Premium Service subscription (product, technical or subscription questions), please contact Trendy Dots by sending an email to suport.trendydots[at]gmail.com.
Users agree that, by posting comments on various articles and sections of the Site, you automatically grant, and represent and warrant that you have the right to grant, a non-exclusive, royalty-free, worldwide licence to display such comments on the Site and any other websites operated by Trendy Dots or our agents.
8.1 When permitted by law, Trendy Dots will not be responsible for lost profits, revenues, or data,
financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of Trendy Dots, and its suppliers and distributors, for
any claims under these terms, including for any implied warranties, is limited to the amount you paid us to
use the Services (or, if we choose, to supplying you the Services again).
In all cases, Trendy Dots, and its suppliers and distributors, will not be liable for any loss or damage that is not reasonably foreseeable. We recognize that in some countries, you might have legal rights as a consumer. If you are using the Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
8.2 Subject to clause 9.1, in no event shall Trendy Dots or its content providers (collectively, the “Trendy Dots Parties”) be liable (whether for breach of contract, negligence or for any other reason) for (i) any loss of profits, (ii) exemplary or special damages, (iii) loss of sales, (iv) loss of revenue, (v) loss of goodwill, (vi) loss of any software or data, (vii) loss of bargain, (viii) loss of opportunity, (ix) loss of use of computer equipment, software or data, (x) loss of or waste of management or other staff time, or (xi) for any indirect, consequential or special loss, however arising.
8.3 Subject to clauses 8.1 and 8.2, the Trendy Dots Parties' liability to you whether in contract, tort or otherwise is limited to (i) 0 EUR (Zero Euros) or (ii) the annual subscription fee for the Premium Service in the event that you are a subscriber to the Premium Service when the liability occurs.
9.1 ALL INFORMATION CONTAINED ON THE SITE INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS FOR GENERAL INFORMATIONAL USE ONLY AND MAY NOT BE RELIED UPON BY YOU FOR ANY PURPOSE, INCLUDING, WITHOUT LIMITATION, IN MAKING ANY INVESTMENT DECISION. THE SITE ONLY PROVIDES INFORMATION TO YOU AND DOES NOT PROVIDE INVESTMENT ADVICE AND NOTHING ON THE SITE SHOULD BE CONSTRUED AS BEING INVESTMENT ADVICE. BEFORE MAKING ANY INVESTMENT CHOICE YOU SHOULD ALWAYS CONSULT A FULLY QUALIFIED FINANCIAL ADVISER.
9.2 ALTHOUGH WE USE REASONABLE EFFORTS TO ENSURE THAT INFORMATION ON THE SITE INCLUDING ANY INFORMATION PROVIDED UNDER THE PREMIUM SERVICE IS ACCURATE AND COMPLETE, WE DO NOT GUARANTEE THIS TO BE THE CASE. AS A RESULT, USE OF THE SITE IS AT YOUR SOLE RISK AND NEITHER TRENDY DOTS NOR ANY OTHER TRENDY DOTS PARTY CAN ACCEPT ANY LIABILITY FOR LOSS OR DAMAGE SUFFERED BY YOU ARISING FROM YOUR USE OF THE SITE OR ANY INFORMATION CONTAINED ON THE SITE. YOU SHOULD TAKE ADEQUATE STEPS TO VERIFY THE ACCURACY AND COMPLETENESS OF ANY INFORMATION CONTAINED ON THE SITE.
9.3 Information contained on the Site including any information provided under the Premium Service is not tailored for your individual situation and, as a result, such information may be unsuitable for you and your investment decisions. You should consult a financial adviser before making any investment decision.
9.4 The Site may include advertisements and links to external sites and co-branded pages in order to provide you with access to information and services which you may find useful or interesting. We do not endorse such sites or approve any content, information, goods or services provided by any of them. We are not responsible or liable for any loss or damage suffered by you as a result of your use of such sites or any information appearing on them.
9.5 We are not able to exercise control over the security or content of information passing over the Internet, and we hereby exclude all liability of any kind for the transmission or reception of infringing or unlawful information of whatever nature.
9.6 We accept no liability for loss or damage suffered by you as a result of accessing Site content which contains any virus or which has been maliciously corrupted.
10.1 We may suspend the operation of the Site at any time without notice. We do not warrant that access to or use of the Site or of any sites or pages linked to it will be uninterrupted or error free.
10.2 We may change the format and content of the Site at its sole discretion at any time without notice. You should refresh your browser each time you visit the Site to ensure that you access the most up-to-date version of the Site and any information appearing on it.
If you have any enquiries or complaints about the Site then please address them (within 30 (thirty) days of such enquiry or complaint first arising) to: support.trendydots[at]gmail.com
12.1 These terms and conditions form the entire understanding of you and us with respect to the subject matter hereof and supersede all previous agreements, understandings and representations relating to that subject matter. If any provision of these terms and conditions is found to be unenforceable, that finding will not affect the validity of any other provision. You agree that we may subcontract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without your consent or the need to give you notice.
12.2 Trendy Dots will not be liable to you for any breach of these terms and conditions which arises because of any circumstances which Trendy Dots cannot reasonably be expected to control.
12.3 These terms and conditions shall be governed and interpreted in accordance with the laws of Austria and the parties submit to the exclusive jurisdiction of the Courts of Vienna, Austria.