Discovery Trading Group Terms and Conditions of Use
Effective as from 5 March 2010
This document (the “Agreement”) is a legally binding agreement between you and NCTC, Inc. doing business as Discovery Trading Group (“DTG”) that governs your use of DTG’s proprietary trading information ( the “DTG Blog”) available at the Discovery Trading Group Website. For a monthly membership subscription fee, DTG provides premium membership access to all DTG Blog posts (the “DTG Premium Membership Service”.) Please note that you must read and agree to the terms and conditions of this Agreement before you use the DTG Premium Membership Service. If you do not agree to the terms and conditions of the Agreement, you may NOT use the DTG Premium Membership service.
1. Contract formation
2. Changes to the Agreement
DTG may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your acceptance of and / or continued use of the DTG Premium Membership Service after such notification of changes to this Agreement will constitute your acceptance of such changes.
3. Grant of license
DTG grants you a limited, non-exclusive, revocable license to make personal non-commercial use of the DTG Premium Membership service and to receive by stream of any media content made available through the DTG Premium Membership service. You do not have a right to transfer or sublicense your rights under this Agreement.
4. Purchase of the DTG Premium Membership Service
By ticking the “I agree” box or pressing the “I Accept” button you agree to pay the fee for access to the DTG Premium Membership Service. Such fee will be charged in accordance with the payment method you have chosen for your purchase. If you are paying by credit or debit card, by designating a card to be billed, you confirm that you are authorized to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the DTG Websites are inclusive applicable taxes and fees. DTG uses PayPal’s subscription service exclusively for all payment processing.
5. Use of cached content
Any media downloaded from the DTG Premium Membership Service can be played locally for so long as you maintain your subscription to the applicable Paid for Service. As a subscriber to the DTG Premium Membership Service, you are permitted to store such cached content on up to three (3) personal computers.
DTG may change the price for the DTG Premium Membership Service from time-to-time. Such changed price will take effect after the expiry of the then current paid for period (i.e. the term that you have already paid for). Any price change will be communicated to you. If you do not wish to be bound by such changed price relating to your Premium Service you may terminate your subscription of your Premium Service in accordance with Section 11 (Term and termination). Your continued use of the DTG Premium Membership Service after the communication of such price change to you constitutes an acceptance of such new price.
7. Automatic subscription renewal
Your subscription to the DTG Premium Membership Service will automatically renew at the end of each subscription term unless you terminate your subscription prior to the end of such subscription term in accordance with Section 11 (Term and termination). Such renewal will always be for a monthly subscription term. At the time of renewal the payment method you have designated to be charged for the purchase of the DTG Premium Membership Service will automatically be charged with the applicable amount.
8. Restrictions of use
For the avoidance of doubt, you agree that you may not (without limitation):
- copy, reproduce, “rip”, record, make available to the public or otherwise use any part of the DTG Blog or the DTG Premium Membership Service or its content (including but not limited to media, images and text) in a manner not expressly permitted under this Agreement;
- sell or attempt to sell any invite to access the DTG Blog or the DTG Premium Membership Service, or resell any information used to access the DTG Premium Information Service;
- provide your password to any other person or use any other person’s user name and password;
- reverse-engineer, decompile, disassemble, modify or create derivative works based on the DTG Blog or DTG Premium Membership Service or any part thereof;
- circumvent any technology used by DTG or its licensors to protect content accessible through the DTG Blog and DTG Premium Membership Service;
- rent or lease any part of the DTG Blog or the DTG Premium Membership Service;
- use the DTG Blog or the DTG Premium Membership Service in a way that violates the terms of this Agreement;
- circumvent any territorial restrictions applied by DTG; and
- access the DTG Premium Membership Service from more than 3 different IP addresses on any day.
In addition to the above, you agree to take all reasonable care to prevent unauthorized use of the DTG Blog and the DTG Premium Membership Service and its content.
9. Advertising and use of computational resources
As consideration for your rights under this Agreement, you agree that (i) DTG and its business partners have a right to provide advertising and other information to you in relation to the DTG Blog and the DTG Premium Membership Service, and that (ii) DTG has a right to allow the DTG Blog and the DTG Premium Membership Service to utilize the processor, bandwidth and storage hardware on your computer or other relevant device for the limited purpose of facilitating the communication and transmission of content and other data or features to you and other users of the DTG Blog and the DTG Premium Membership Service, and to facilitate the operation of the network on which the DTG Blog and the DTG Premium Membership Service runs.
10. Customer support
If you have any questions concerning the DTG Blog, the DTG Premium Membership Service or this Agreement, please contact DTG by emailing firstname.lastname@example.org.
11. Term and termination
This Agreement will become effective in relation to you when you have ticked the “I agree” box when creating a DTG account or when you start using the DTG Blog or the DTG Premium Membership Service and will remain effective until terminated by you or DTG. You may cancel your subscription of the DTG Premium Membership Service at any time by visiting PayPal, logging into your account, and canceling your subscription. You will have access to the DTG Premium Membership service for 30 days from your last PayPal subscription payment. The termination shall have effect at the expiry of the then-current subscription period that you have already paid for (e.g. one month. DTG will not refund any remaining portion of subscription fees you have already paid for. DTG reserves the right to terminate this Agreement or suspend your DTG account at any time in case of unauthorized, or suspected unauthorized, use of the DTG Software Application or the DTG Service. If DTG terminates this Agreement, or suspends your DTG account for any of the reasons set out in this section, DTG shall have no liability or responsibility to you, and DTG will not refund any amounts that you have previously paid.
12. No warranty
The use of the DTG Blog and the DTG Premium Membership Service (including but not limited to its content) is at your own risk. The DTG DTG Blog and the DTG Premium Membership Service is provided on an “as is” and “as available” basis. To the fullest extent possible under applicable law, DTG gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the DTG Blog and the DTG Premium Membership Service. In addition, DTG does not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party on or through the DTG Service or any hyperlinked website, or featured in any banner or other advertising. Consequently DTG will in no way be responsible for any transaction between you and third-party providers of products or services advertised on or through the DTG Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from DTG shall create any warranty on behalf of DTG in this regard.
13. Limitation of liability
In no event shall DTG, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use DTG Blog or the DTG Premium Membership Service (including but not limited to its content), even if you have advised DTG about the possibility of such loss, and including any damages resulting there from.
Your only right with respect to any problems or dissatisfaction with the DTG Blog and the DTG Premium Membership Service is to stop using the DTG Service.
Nothing in this Agreement removes or limits DTG’s liability for fraudulent misrepresentation, death or personal injury caused by its negligence.
You agree to indemnify and hold DTG and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.
15. Intellectual property
DTG respects intellectual property rights, and expects you to do the same. Please note therefore that the DTG Blog, the DTG Premium Membership Service and the content provided through the DTG Service is the property of DTG or DTG’s licensors and protected by intellectual property rights (including but not limited to copyright) and that you do not have a right to use the DTG Blog or the DTG Premium Membership Service (including but not limited to its content) in any manner not covered by the Agreement.
Further, you may not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the DTG Blog or the DTG Premium Membership Service.
16. Technology limitations and modifications
DTG will make reasonable efforts to keep the DTG Blog and the DTG Premium Membership Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. DTG reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the DTG Blog and the DTG Premium Membership Service with or without notice.
18. Assignment by DTG
DTG may assign this Agreement or any part of it without restrictions. You may not assign this Agreement or any part of it to any third party.
19. Entire agreement
Should for any reason or to any extent any provision of this Agreement be held invalid or unenforceable, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of this Agreement and the application of that provision shall be enforced to the extent permitted by law.
21. Governing law and disputes
This Agreement shall be governed and construed in accordance with the laws of the state of Georgia, USA. Any dispute, controversy or claim arising out of or in connection with this Agreement will be subject to the non-exclusive jurisdiction of the court or other tribunal in GA, USA with the appropriate knowledge and expertise to deal with such dispute, controversy or claim.
24. English version prevails
In the event that this Agreement is translated into other languages and there is a discrepancy between the two language versions, the English language version shall prevail to the extent that such discrepancy is the result of an error in translation.
Copyright © 2010 NCTC,Inc. dba Discovery Trading Group. All rights reserved.