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Terms of Use of the MQL5.community Blogs Section


Please read these MQL5.com Blogs Section Terms of Use carefully.

Capitalized terms used herein shall be defined as set forth in Section 1 of these Terms of Use.


1. Terms and Definitions

1.1. For purposes of these Terms of Use, the following terms shall have the meanings as specified below:

"MQL5 Ltd" means the company MQL5 Ltd which is the copyright owner of the website www.mql5.com.

"MQL5 Services" means services and sections, including, but not limited to, Market, Signals, Freelance, Blogs, Articles and MQL5 Cloud Network controlled by MQL5 Ltd. and available on www.mql5.com which allow the registered Users to receive additional materials or services on www.mql5.com under certain terms of service.

"User" means You, being any person or entity using the Blogs section on the www.mql5.com website and is one of the Parties to the present Terms of Use. The User shall accept and comply with all the conditions of the present Terms of Use.

"You" means You as a user of the Blogs section on the www.mql5.com website ('Your' and 'Yours' shall be construed accordingly).

"Terms of Use" means these www.mql5.com website Blogs section terms of use regulating the relationships between MQL5 Ltd and the User, as well as updated, modified and/or amended future versions hereof as now or thereafter in effect.

"Additional Terms" means the terms and conditions that apply to Your use of the Software, Products and Website of MQL5 Ltd., published or declared in addition to these Terms of Use.

"Additional Agreements" means agreements that apply to Your use of MQL5 Services, published or declared in addition to these Terms of Use.

"Affiliated Entities" means any corporation, company or other entities that directly or indirectly control the operation of MQL5 Ltd controlled by MQL5 Ltd or that are together with MQL5 Ltd controlled by third parties. For purposes of this document, "to control" and "controlled by" shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.

"Content" means any content placed in the Blogs section, including text, audio files, images, pictures, video and/or any other type of information or communication.

"Trademarks" means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).

"Intellectual Property Rights" means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.

"MQL5 Ltd Website" means all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address www.mql5.com.

"MQL5 Ltd Online Materials" means materials available for downloading from the MQL5 Ltd Website, as well as any changes made by MQL5 Ltd in its sole discretion.

"MQL5 Ltd Advertising Materials" means any and all trademarks, names, brands, signs, logos, banners, and any other materials, in whatever form, owned and/or used by MQL5 Ltd for the promotion of the company, its products, services and activities.

"MQL5 Ltd Employees" means officers, directors, employees and representatives of MQL5 Ltd or Affiliated Entities, as well as any other persons employed by MQL5 Ltd or its Affiliated Entities.

"Account" or "MQL5 ID" means an account of website user with Login and Password created for Your use of www.mql5.com.

"Login" means the identification code, which, in combination with the Password, gives You access to Your User Account.

"Password" means the code You selected, which, in combination with the Login, gives You access to Your User Account.

1.2. Words used in singular form include the plural, and vice versa, as appropriate.

1.3. Any words following the terms (in any form) "including", "among other things", "in particular" and similar expressions shall be construed as illustrative and not limiting the meaning of the words preceding those terms.


2. General

2.1. These Terms of Use, as well as updates hereof, constitute the entire agreement between You and MQL5 Ltd governing Your use of the Blogs section on the www.mql5.com website.

By clicking on the "Add new post" or a similar button or an appropriate link and/or by using the Blogs section on the www.mql5.com website, you agree to these Terms of Use.

You agree that MQL5 Ltd is not responsible for the materials, software, products or third party services that may be published or distributed on www.mql5.com.

The User who has not agreed to be bound by these Terms of Use shall have no right to use the Blogs section on the www.mql5.com website.

The website www.mql5.com is available for use by persons aged 13 and older. If You are at least 13 years old but not yet 18, You should have Your parents or legal guardian review these Terms of Use with You to make sure that both You and Your parents or legal guardian have full understanding of these Terms of Use.

2.2. These Terms of Use will automatically cease to be effective if it appears that You are (а) not an mql5.com User, or (b) under the age of 13.

2.3. If You are a company employee or executive and You use www.mql5.com on behalf of Your company ("Company"), You accept and agree to the below: (i) by accepting these mql5.com Terms of Use and by using the Blogs section on the www.mql5.com website, You acknowledge that You are explicitly authorized to do so by the Company based on Your and Company's compliance with this Agreement regarding the use of the Blogs section of the www.mql5.com website by You and the Company; (ii) You have obtained all consents, approvals and authorizations from the Company whatsoever needed, allowing You to officially act on behalf of the Company under these mql5.com Terms of Use. You represent and warrant that You have obtained such consents, approvals and authorizations to use the Blogs section of the www.mql5.com website on behalf of the Company. If You do not have such authority, You shall not have the right to use the Blogs section of the www.mql5.com website.

2.4. Your agreement with MQL5 Ltd. can also include Additional Terms published or declared by MQL5 Ltd. in the Internet or on the MQL5 Ltd. Website. Additional Terms include, without limitations, terms and conditions set out in this Agreement. Additional Terms and Agreements include, without limitations, terms and conditions set forth in these Terms of Use.

2.5. You acknowledge and agree that by accepting these Terms of Use, as well as Additional Terms and Additional Agreements, You enter into a legally binding agreement with MQL5 Ltd. In case of any conflict between the Additional Terms or Additional Agreements and these Terms of Use, Additional Terms or Additional Agreements shall prevail with respect to any particular service offered by MQL5 Ltd. We recommend that You print and keep a copy of these Terms of Use.

2.6. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the website www.mql5.com or MQL5 Services.

2.7. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.

2.8. If You are a resident of a jurisdiction where the use of the www.mql5.com website or MQL5 Services is prohibited by law due to different requirements or a complete ban on the use of the www.mql5.com website or MQL5 Services in any such jurisdiction, do not use them.

2.9. Use of the website www.mql5.com requires compatible devices (computer, mobile phone, etc.) and Internet access. The website www.mql5.com may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the website www.mql5.com. MQL5 Ltd will use its commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that MQL5 Ltd cannot give any warranties in this respect.

2.10. MQL5 Ltd reserves the right to disable or suspend the access to the Blogs section, as well as delete posts that do not meet legislation requirements or the service editorial policy.


3. Use of the Blogs Section on the mql5.com Website

3.1. You agree to provide accurate and complete information when You register on, and as You use, the website www.mql5.com, and You agree to update Your registration data to keep it accurate and complete. You agree that MQL5 Ltd may store and use the registration data You provide for maintaining Your Account and performing its obligations under these Terms of Use and the Terms of Use of mql5.com website.

3.2. You agree that MQL5 Ltd may, in its sole discretion and without prior notice, suspend or terminate the provision of any MQL5 Service or access to the website www.mql5.com (or its functions) to You personally or all Users.

3.3. MQL5 Ltd. may engage the services of consultants and other contractors in connection with the performance of obligations and exercise of rights under this Agreement, provided that such consultants and contractors will be bound by the same obligations as MQL5 Ltd.

3.4. MQL5 Ltd. may find that the content, materials, products or services published or distributed in the Blogs section violate any Additional Terms or Additional Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case MQL5 Ltd reserves the right to discontinue the distribution of, remove or stop the publication of, such content, materials, products or services, in its sole discretion or as required by the relevant government authorities.

3.5. You agree to use the Blogs section only for purposes that are permitted by (а) these Terms of Use, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and in accordance with moral principles and rationality. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the materials, products and services. The Blogs section thematic scope includes algorithmic trading, foreign exchange, as well as news of stock, financial and commodity markets, etc. The User should understand and comply with the general concept of the Blogs section and refrain from publishing materials that are irrelevant to the general subject of the mql5.com website.

3.6. You agree that You will not engage in any activity that interferes with or disrupts the operation of the website www.mql5.com (as well as the servers and networks which service the website www.mql5.com).

3.7. The Blogs section on mql5.com is a web-based service allowing Users to keep their online diaries. Every registered User can create and publish the Content: text messages, photos, video and audio materials, providing that this Content does not violate the laws and policies of the Blogs section, as well as the copyright of third parties and third party services.

3.8. The Users are personally responsible for the Content they publish in their blogs on mql5.com.

3.9. All materials published in the Blogs section are exploratory in nature and express the views of private individuals. Therefore, MQL5 Ltd does not assume any liability for lost profits, damage and other negative outcomes of the decisions of third parties taken on the basis of reading posts in the Blogs section.

3.10. MQL5 Ltd is not the owner of the Content and does not check the Content posted by the Blogs section users on mql5.com. Blog authors own the copyright with respect to patents, trademarks, and their content and are solely responsible for the protection of their copyrights. Despite the fact that MQL5 Ltd removes the Content and/or trademarks placed illegally, it bears no responsibility for the protection of the exclusive rights of users. By posting the Content, you hereby acknowledge and agree that you have all rights necessary for publishing the mentioned Content without breaking any laws and regulations, as well as property or other rights of third parties and other organizations.

3.11. You agree that You are solely responsible for, and that MQL5 Ltd has no responsibility to You or to any third party for, Your use of the website www.mql5.com and any MQL5 Services, products or services, any breach of Your obligations under these Terms of Use, and for the consequences of any such breach (including any loss or damage of any kind which MQL5 Ltd or any third party may suffer).

3.12. MQL5 Ltd reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the website www.mql5.com.

3.13. You agree that MQL5 Ltd and its Affiliated Entities own all right, title and interest in and to the www.mql5.com website. You agree that MQL5 Ltd has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the website www.mql5.com and MQL5 Services that are provided by their respective authors or other copyright holders.

3.14. All rights to Trademarks, as well as property rights and titles, including but not limited to any and all rights to intellectual property are the property of their respective owners or license holders. Except as otherwise provided in these Terms of Use, neither party grants to the other party any right, title or interest (including, but not limited to, any implied licenses) in or to Trademarks. Nothing in this Agreement gives the User a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of MQL5 Ltd.

3.15. In using the website www.mql5.com or MQL5 Services, You are not granted any intellectual property rights or rights in or to the website www.mql5.com or MQL5 Services or to any related content, including materials, documentation, products or services. Any other use of the content shall be allowed only subject to respective owner's authorization or when this is provided by law. These Terms of Use do not grant You any right to use any branding or logos of MQL5 Ltd. You must not remove, obscure, or alter any legal notices displayed on the pages of the website www.mql5.com.


4. Submission of User Materials to the Blogs Section on www.mql5.com

4.1. The User shall not post or transmit through the Blogs section of the website www.mql5.com any materials that:

  1. are unlawful, threatening, abusive, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, indecent or otherwise objectionable;
  2. to a certain extent, discredit the honor, dignity, business reputation, legal rights and interests of other persons;
  3. promote hatred towards persons or a group of persons based on religion, race or ethnic origin, and constitute attempts to incite hostility or violence;
  4. could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law or contractual obligation;
  5. the Content that cannot be published under the law or under a treaty or agreement (including secret information, confidential or commercial information disclosed in violation of an employment or non-disclosure agreement);
  6. the Content that violates patents, trademarks, business secret, copyright or other proprietary rights of third parties without an explicit consent of a copyright holder;
  7. unauthorized advertising, promotion, unwanted mail, spam, invitation to participate in pyramid schemes;
  8. materials containing viruses and/or links to any malicious program code;
  9. violate local, state, international laws, including, without limitation, the rules of financial and stock market regulators in the USA, Russia and other countries.

4.2. Any conduct by a User that in the sole discretion of MQL5 Ltd. restricts or inhibits any other mql5.com User from using and enjoying his or her rights, will not be permitted.

4.3. The User agrees not to use his or her account for business purposes, including promotion of User's goods and products, placing SEO texts, using bots and spam, posting direct links with the purpose of advertising brokerage firms, commercial organizations and third-party websites.

4.4. The User shall not upload, post or otherwise make available on www.mql5.com any material protected by intellectual property law (including copyright, trademark law, etc.) or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material posted by the User on www.mql5.com is not protected by copyright, neighboring or third party rights rests with the User.

4.5. MQL5 Ltd does not pre-screen, monitor, review or edit materials posted by the User in the Blogs section. The User agrees to be solely liable for any materials submitted by the User on the Website, including the content of such materials, compliance with the law, any damage resulting from the infringement of third party rights to the materials submitted by the User, as well as abidance by these Terms of Use, Additional Terms and Additional Agreements. MQL5 Ltd shall not be responsible for the materials submitted by the User on www.mql5.com. The User shall compensate for any damage arising out of or in connection with the User's violation of these Terms of Use, applicable local laws or other international laws and regulations.

4.6. By submitting Content to the Blogs section of the www.mql5.com website for public use, the User automatically grants (or warrants that the owner of such materials has expressly granted MQL5 Ltd) MQL5 Ltd, its partners and Affiliated Entities the royalty-free, perpetual, irrevocable, non-exclusive right (non-exclusive license) to use, post, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations or other optimizations), communicate, publish, publicly perform, publicly display and distribute such materials, worldwide for the full term of any copyright that may exist in such material as stipulated by local laws. The above rights are used for the limited purpose of operating, promoting, and improving the website www.mql5.com. No additional formality, including that in writing, will be required for the rights granted by the User to be recognized.

This license shall continue even if You stop using the website www.mql5.com. Before You submit to MQL5 Ltd any materials and thus grant this license for their use, make sure You have the necessary rights to do so.


5. Privacy and Information

5.1. To continuously improve and update the website www.mql5.com, MQL5 Ltd may keep statistical information on the website usage, including, but not limited to, gathering information on how exactly the website www.mql5.com is used.

5.2. The collected data is analyzed in order to maximize user-friendliness of the website www.mql5.com and is processed in accordance with the MQL5 Ltd Privacy Policy. For purposes of improving the website www.mql5.com, a part of statistical information can be provided to You upon written request.


6. Termination

6.1. These Terms of Use shall be effective until terminated by either You or MQL5 Ltd, as described below.

6.2. You may terminate these Terms of Use by discontinuing Your access to and use of the Blogs section on the website www.mql5.com.

6.3 Upon termination of these Terms of Use, all legal rights and obligations to be executed or performed by You or MQL5 Ltd (or accrued during the term of these Terms of Use) or perpetual rights and obligations, shall not be modified due to termination of these Terms of Use.

6.4. MQL5 Ltd may at any time terminate these Terms of Use if:

  1. You fail to comply with any provision of these Terms of Use;
  2. MQL5 Ltd will be forced to do so pursuant to the law;
  3. You cease to be a User;
  4. MQL5 Ltd decides to terminate the operation of the Blogs section on the www.mql5.com website.


7. DISCLAIMER OF WARRANTIES

7.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WWW.MQL5.COM IS AT YOUR SOLE RISK AND THAT THE WEBSITE WWW.MQL5.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WWW.MQL5.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON WWW.MQL5.COM ARE PROVIDED “AS IS” AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MQL5 Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

7.2. YOU AGREE TO USE THE WEBSITE WWW.MQL5.COM AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE WWW.MQL5.COM AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.

7.3. MQL5 Ltd FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.


8. LIMITATION OF LIABILITY

8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MQL5 Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE WWW.MQL5.COM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MQL5 Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. MQL5 Ltd IS NOT A REGISTERED INVESTMENT ADVISOR, BROKER/DEALER, FINANCIAL ANALYST, FINANCIAL BANK, SECURITIES BROKER OR FINANCIAL PLANNER. MQL5 IS A TECHNOLOGY PROVIDER WHICH AMONG OTHER THINGS FACILITATES THE SHARING OF TRADE INFORMATION VIA THE INTERNET. USERS OF THE SERVICE MAY USE THE TRADE INFORMATION TO FORMULATE THEIR OWN INVESTMENT DECISIONS WHICH COULD BE TO COPY THE TRADES OF OTHERS. ALL INFORMATION ON THE MQL5.COM IS PROVIDED FOR INFORMATION PURPOSES ONLY. THE INFORMATION IS NOT INTENDED TO BE AND DOES NOT CONSTITUTE FINANCIAL ADVICE OR ANY OTHER ADVICE, IS GENERAL IN NATURE AND NOT SPECIFIC TO YOU. BEFORE USING THE COMPANY’S INFORMATION TO MAKE AN INVESTMENT DECISION, YOU SHOULD SEEK THE ADVICE OF A QUALIFIED AND REGISTERED SECURITIES PROFESSIONAL AND UNDERTAKE YOUR OWN DUE DILIGENCE. NONE OF THE INFORMATION ON OUR SITE IS INTENDED AS INVESTMENT ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS A RECOMMENDATION, ENDORSEMENT, OR SPONSORSHIP OF ANY SECURITY, COMPANY, OR FUND. THE COMPANY IS NOT RESPONSIBLE FOR ANY INVESTMENT DECISION MADE BY YOU. YOU ARE RESPONSIBLE FOR YOUR OWN INVESTMENT RESEARCH AND INVESTMENT DECISIONS.


9. Indemnification

9.1. You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold MQL5 Ltd, its Affiliated Entities and each of their respective directors, managers, employees and agents, as well as Authorized operators, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys' fees), arising from or relating to:

  • Your violation of these Terms of Use when using the website www.mql5.com;
  • infringement of any copyright, trademark right, trade secret, vendibility, patent or other intellectual property right of any third party, damage of any third party's reputation or violation of publicity or privacy right of any third party, in connection with any material posted by the User on the website www.mql5.com.


10. Changes to These Terms of Use

10.1. MQL5 Ltd reserves the right to change and revise these Terms of Use. Each time changes are made to these Terms of Use, MQL5 Ltd will publish a revised version of the Terms of Use on www.mql5.com. The revised version of the Terms of Use shall be effective immediately upon publication. Your use of the Blogs section on the website www.mql5.com following any change to these Terms of Use will constitute Your assent to and acceptance of the revised Terms of Use.


11. General Legal Terms

11.1. These Terms of Use constitute the entire legal agreement between You and MQL5 Ltd, govern Your access to and use of the website www.mql5.com and can complement any prior agreements between You and MQL5 Ltd in relation to the website www.mql5.com.

11.2. You acknowledge that the failure of MQL5 Ltd to exercise or enforce or delay of MQL5 Ltd in exercising or enforcing any legal rights or remedies provided hereunder (or by any applicable law) shall not constitute a waiver of such rights or remedies on part of MQL5 Ltd and that such rights and remedies will continue to be available to MQL5 Ltd.

11.3. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then that provision will be removed from these Terms of Use without affecting the rest of these Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.

11.4. These Terms of Use, as well as Your relationship with MQL5 Ltd hereunder shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws provisions. You and MQL5 Ltd agree that the courts of the Republic of Cyprus shall have exclusive jurisdiction over any dispute arising out of these Terms of Use. Notwithstanding this, You agree that MQL5 Ltd shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.