PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF SERVICE FOR THIS WEB
SITE (“TOS”) BEFORE USING THIS SITE. By continuing to access, link to, or use
this site, or any service on this site, you signify YOUR ACCEPTANCE OF THE TOS.
These TOS set forth the legal terms and conditions governing your use of our
website located at www. MartetTensor.com and any other online and mobile
websites, blogs and interactive applications operated by LYQAS Limited (LYQAS)
(unless a different policy is provided on a particular site, application or
service, in which case such different policy shall govern and control). LYQAS
Limited reserves the right to amend, remove, or add to the TOS at any time. Such
modifications shall be effective immediately. Accordingly, please continue to
review the TOS whenever accessing, linking to, or using this site. For changes
to these TOS that we deem material, we will place a notice
onhttp://www.marketTensor.com/ by revising the link on the homepage to read
substantially as “Updated Terms of Use” for an amount of time that we determine
in our discretion. Your access, link to, or use of the site, or any service on
this site, after the posting of modifications to the TOS will constitute YOUR
ACCEPTANCE OF THE TOS, as modified. If, at any time, you do not wish to accept
the TOS, you may not access, link to, or use the site. Any terms and conditions
proposed by you which are in addition to or which conflict with the TOS are
expressly rejected by LYQAS and shall be of no force or effect
1. User Consent to the TOS.
You represent that you have read and agree to be bound by the TOS.
2. Intellectual Property.
This Web site, and all of the content it contains, or may in the future contain,
including but not limited to text, content, photographs, video, audio and
graphics, goods, designs, information, applications, software, music, audio
files, articles, directories, guides, photographs as well as the trademarks,
service marks, trade names, trade dress, copyrights, logos, domain names, code,
patents and/or any other form of intellectual property (collectively, the
“Service”) that relates to this site, are owned by or licensed by LYQAS or other
third parties and are protected from any unauthorized use, copying and
dissemination by copyrights, trademarks, service marks, international treaties,
and/or other proprietary rights and laws of the U.S. and other countries. The
Service is also protected as a collective work or compilation under U.S.
copyright and other laws and treaties. All individual articles, columns and
other elements making up the Service are also copyrighted works. You agree to
abide by all applicable copyright and other laws, as well as any additional
copyright notices or restrictions contained in the Service. You acknowledge that
the Service has been developed, compiled, prepared, revised, selected, and
arranged by LYQAS, its general and limited partners, and its subsidiaries, and
their respective general partners and affiliates (collectively “LYQAS”) and
others (including certain other information sources) through the application of
methods and standards of judgment developed and applied through the expenditure
of substantial time, effort, and money and constitutes valuable intellectual
property of LYQAS and such others. You agree to protect the proprietary rights
of LYQAS and all others having rights in the Service during and after the term
of this agreement and to comply with all reasonable written requests made by
LYQAS or its suppliers and licensors of content, equipment, or otherwise
(“Suppliers”) to protect their and others’ contractual, statutory, and common
law rights in the Service. You agree to notify LYQAS in writing promptly upon
becoming aware of any unauthorized access or use of the Service by any
individual or entity or of any claim that the Service infringes upon any
copyright, trademark, or other contractual, statutory, or common law rights. All
present and future rights in and to trade secrets, patents, copyrights,
trademarks, service marks, know-how, and other proprietary rights of any type
under the laws of any governmental authority, domestic or foreign, including
rights in and to all applications and registrations relating to the Service (the
“Intellectual Property Rights”) shall, as between you and LYQAS, at all times be
and remain the sole and exclusive property of LYQAS. All present and future
rights in and title to the Service (including the right to exploit the Service
and any portions of the Service over any present or future technology) are
reserved to LYQAS for its exclusive use. Except as specifically permitted by the
TOS, you may not copy or make any use of the Service or any portion thereof.
Except as specifically permitted herein, you shall not use the Intellectual
Property Rights or the Service, or the names of any individual participant in,
or contributor to, the Service, or any variations or derivatives thereof, for
any purpose, without LYQAS’s prior written approval.
3. Restrictions on Use.
You may not use the Service for any illegal purpose, for the facilitation of the
violation of any law or regulation, or in any manner inconsistent with the TOS.
You agree to use the Service solely for your own noncommercial use and benefit,
and not for resale or other transfer or disposition to, or use by or for the
benefit of, any other person or entity. You agree not to use, transfer,
distribute, or dispose of any information contained in the Service in any manner
that could compete with the business of LYQAS or any of its suppliers. Except as
expressly permitted by LYQAS in writing you may not copy, reproduce, recompile,
decompile, disassemble, reverse engineer, distribute, publish, display, perform,
modify, upload to, create derivative works from, transmit, transfer, sell,
license, upload, edit post, frame, link, or in any way exploit any part of the
Service, except that you may download material from the Service and/or make one
print copy for your own personal, noncommercial use, provided that you retain
all copyright and other proprietary notices. You may not recirculate,
redistribute or publish the analysis and presentation included in the Service
without LYQAS’s prior written consent. Nothing contained in the TOS or on this
site should be construed as granting, by implication, estoppel or otherwise, any
license or right to use any Service in any manner without the prior written
consent of LYQAS or such third party that may own the Service or intellectual
property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION,
MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING,
POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF
THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as
permitted by the TOS will violate the TOS and may infringe upon our rights or
the rights of the third party that owns the affected Service. You agree to
report any violation of the TOS by others that you become aware of. You may not
input, distribute, upload, post, email, transmit or otherwise make available any
content through the Service that: (i) is promotional in nature, including
solicitations for funds or business, without the prior written authorization of
LYQAS Limited, or constitutes junk mail, spam, chain letters, pyramid schemes or
the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful,
or racially, ethnically or otherwise objectionable; (iii) you do not have the
right to make available under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements); (iv) infringes any patent, trademark, trade secret,
copyright or other proprietary rights of any party; (v) contains software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware, or
telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes
the personally identifiable information of any other person that such person has
not authorized you to disclose. You may not use any of the trademarks, trade
names, service marks, copyrights, or logos of LYQAS in any manner which creates
the impression that such items belong to or are associated with you or are used
with LYQAS’s consent, and you acknowledge that you have no ownership rights in
and to any of such items. You may neither interfere with nor attempt to
interfere with nor otherwise disrupt the proper working of the Service, any
activities conducted on or through the Service or any servers or networks
connected to the Service. You may neither obtain nor attempt to obtain through
any means any materials or information on the Service that have not been
intentionally made publicly available either by public display on the Service or
through accessibility by a visible link on the Service. You shall not violate
the security of the Service or attempt to gain unauthorized access to the
Service, data, materials, information, computer systems or networks connected to
any server associated with the Service, through hacking, password timing or any
other means. You may neither take nor attempt any action that, in the sole
discretion of LYQAS, imposes or may impose an unreasonable or disproportionately
large load or burden on the Service or the infrastructure of the Service. You
shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data
mining,” “computer code,” or any other automate device, program, tool,
algorithm, process or methodology to access, acquire, copy, or monitor any
portion of the Service, any data or content found on or accessed through the
Service, or any other Service information without the prior express written
consent of LYQAS. You may not forge headers or otherwise manipulate identifiers
in order to disguise the origin of any other content.
4. License.
(i) You acquire absolutely no rights or licenses in or to the Service and
materials contained within the Service other than the limited right to utilize
the Service in accordance with the TOS. Should you choose to download content
from the Service, you must do so in accordance with the TOS. Such download is
licensed to you by LYQAS ONLY for your own personal, noncommercial use in
accordance with the TOS and does not transfer any other rights to you. (ii)
LYQAS’s long-standing company policy does not allow it to accept or consider
creative ideas, suggestions, or materials other than those it has specifically
requested (see below). Accordingly, we ask that you do not send us any original
creative materials that you expect to be compensated for or that you would like
to keep private. If you nevertheless choose to make any such submission, LYQAS
may freely use the submission, in whole or in part, for any purpose without any
obligation to you. Without limiting the generality of the foregoing, if you
submit material (i.e., user-generated content, including, but not limited to:
comments, text, video, audio, and photographs) to this site, any other site
owned by LYQAS and its affiliates or to LYQAS or its representative, or if you
send us creative suggestions, ideas, notes, concepts, or any other information
(each, a “Submission” and collectively, the “Submissions”), despite our request
that you not send us any unsolicited Submissions or other creative materials,
the Submission will be treated as non-confidential and non-proprietary in each
instance. None of the Submissions shall be subject to any obligation of
confidence on the part of LYQAS, and LYQAS shall not be liable for any use or
disclosure of any Submissions. Unless LYQAS indicates otherwise, you grant to
LYQAS a perpetual, nonexclusive, irrevocable, fully paid, royalty-free,
sublicensable and transferable (in whole or in part) worldwide right and license
in any and all media, now known or later developed, to use, publish, reproduce,
display, modify, transmit digitally, create derivative works based upon,
distribute, copy, and otherwise exploit Submissions for any purpose whatsoever
(including, without limitation, advertising, commercial, promotional and
publicity purposes) in LYQAS’s discretion without additional notice, attribution
or consideration to you or to any other person or entity. You also permit any
other user to access, store, or reproduce Submissions for that user’s personal
use. You grant LYQAS the right to use the name that you submit in connection
with Submissions. You agree and understand that LYQAS is not obligated to use
any Submission you make to this site or LYQAS and you have no right to compel
such use. You hereby acknowledge and agree that your relationship with LYQAS is
not a confidential, fiduciary, or other special relationship, and that your
decision to submit any material to LYQAS does not place LYQAS in a position that
is any different from the position held by members of the general public with
regard to your Submission. You represent and warrant that you are the original
author or creator of the Submissions (except as expressly indicated otherwise),
that neither the permission nor consent of any other person or entity is
required to enable LYQAS to legally use your Submission in accordance with this
license and that LYQAS’s use of your Submission in accordance with this license
will not violate or infringe upon the rights of any person or entity, and that
you own or otherwise control all of the rights to the Submissions that you
submit; that the Submissions you submit are truthful and accurate; that use of
the Submissions you supply does not violate this TOS and will not cause injury
to any person or entity; and that you will indemnify LYQAS and its Suppliers,
agents, directors, officers, employees, representatives, successors, and assigns
for all claims resulting from Submissions you supply. LYQAS and its Suppliers,
agents, directors, officers, employees, representatives, successors, and assigns
disclaim any responsibility and assume no liability for any Submissions
submitted by you or any third party. You hereby irrevocably waive, release and
give up any claim that any use of such Submission violates any of your rights,
including, without limitation, copyrights, trademarks, moral rights, privacy
rights, proprietary or other property rights, publicity rights, or right to
credit for the material or ideas, and forever release and discharge LYQAS and
its licensees from any and all claims you may have in connection with LYQAS’s
use of your Submission in accordance with this license. Finally, you acknowledge
that, with respect to any claim you may have relating to or arising out of
LYQAS’s actual or alleged exploitation or use of any material you submit to this
site and/or LYQAS, the damage, if any, thereby caused will not be irreparable or
otherwise sufficient to entitle you to injunctive or other equitable relief or
to in any way enjoin the exploitation or other use of any LYQAS product or
service based on or allegedly based on the material, and your rights and
remedies in any such event shall be strictly limited to the right to recover
damages, if any, in an action at law. You agree that this authorization contains
the full and complete understanding between LYQAS and you regarding LYQAS’s use
of your Submission and cannot be modified except by a document signed by LYQAS
and you.
5. Fees and Payments.
LYQAS reserves the right at any time to charge fees for access to portions of
the Service or the Service as a whole. This includes, but is not limited to
LYQAS’s subscription service, which allows anonymous and registered users to
access a limited number of free articles per month and a limited amount of free
video every 24 hours, before requiring payment for additional access. Additional
information regarding the terms of the subscription service may be found under
Subscription Terms. If at any time LYQAS requires a fee for portions of the
Service or the Service as a whole, LYQAS will require you to register and create
an account. The decision to provide the information required to create an
account is purely voluntary and optional; however, if you elect not to provide
such information, you will not be able to access certain content or participate
in certain parts or features of this site. You shall pay all fees and charges
incurred through your account at the rates in effect for the billing period in
which such fees and charges are incurred, including but not limited to charges
for any products or services offered for sale through the Service by LYQAS or by
any other vendor or service provider. All fees and charges shall be billed to
you, and you shall be solely responsible for their payment. You shall pay all
applicable taxes relating to the use of the Service through your account, and
the purchase of any other products or services. Certain portions of the Service
or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may
be modified from time to time in LYQAS’s sole discretion. The Prepaid Fee, and
all taxes and other fees related thereto will be paid by you in advance. In no
event will you receive any portions of the Service or the Service as a whole if
a Prepaid Fee is required unless LYQAS receives all fees and charges payable by
you, including the Prepaid Fee.
6. Registration and Account Creation.
As part of the registration and account creation process necessary to obtain
access to certain portions of the Service, including those portions that require
a fee or payment for access, you will select a username and a password. You will
provide LYQAS with certain registration information, all of which must be
accurate, truthful, and updated. You shall not: (i) select a username already
used by another person; (ii) create an account for anyone other than yourself
without permission; (iii) use a username in which another person has rights
without such person’s authorization; or (iv) use a username or password that
LYQAS, in its sole discretion, deems offensive or inappropriate. LYQAS reserves
the right to deny creation of your account based on LYQAS’s inability to verify
the authenticity of your registration information. You shall be solely
responsible for maintaining the confidentiality of your password. You shall
immediately notify LYQAS by submitting FEEDBACK of any known or suspected
unauthorized use(s) of your account, or any known or suspected breach of
security, including loss, theft, or unauthorized disclosure of your password or
credit card information. You are fully responsible for all usage and activity on
your account, including, but not limited to, use of the account by any third
party authorized by you to use your username and password. You agree you will
not sell, transfer or assign your membership or any membership rights. The use
of your account by any individual under age eighteen (18) is strictly
prohibited. If the computer system on which you accessed the Service is sold or
transferred to another party, you warrant and represent that you will delete all
cookies and software files obtained by or through use of the Service. LYQAS
reserves the right to terminate your account, in its sole discretion, at any
time without notice. If we disable your account, you agree that you will not
create another one without our permission. You may terminate your account at any
time by submitting feedback. Upon termination, you will receive an automated
confirmation via e-mail that the request was received, and your account will be
terminated within five (5) business days. You are responsible for all charges
incurred up to the time the account is terminated. Notwithstanding anything else
herein, LYQAS reserves the right to pursue any and all claims against any user
of your account. You agree to maintain only one account with the Service at any
time and certify that you currently have no other account(s) with the Service.
7. Disclaimer and Limitation of Liability.
You represent that you have read and agree to be bound by the TOS.
8. Your Authority to Agree to this TOS.
You represent that you have read and agree to be bound by the TOS.
9. Sponsor Content.
You represent that you have read and agree to be bound by the TOS.
10. Indemnification.
You represent that you have read and agree to be bound by the TOS.
11. Termination.
You represent that you have read and agree to be bound by the TOS.
12. Non-United States Residents and Jurisdictional Issues.
You represent that you have read and agree to be bound by the TOS.
13. Governing Law.
You represent that you have read and agree to be bound by the TOS.