These terms of service (“Terms”) governs the access and use of the website www.4-traders.com (the “Website”). The Terms bind anyone who accesses to the Website (hereinafter “User”), including Users who have created an account on the Website (hereinafter “Member”).
4-traders.com is published by SURPERFORMANCE SAS (the "Publisher"), a simplified joint-stock company registered under French law − RCS Annecy nr 439 430 059 − with a capital of EUR 300,948. The Publisher’s registered office is located at 17 avenue d'Albigny, 74000 Annecy, France.
By visiting the Website, the User signifies his agreement to these Terms.
Article 1.Definition of services
The Website provides Users free access to many financial analysis and data. This analysis and data do not constitute an offer or solicitation to buy or sell financial products or services. In particular, they do not constitute the provision of investment advice.
By registering on the Website, Members also get free access to the following services:
· Access to configurable and storable dynamic graphics
· Creation of value lists (My List)
· Creation of virtual portfolios (My virtual portfolios)
· Reception of alerts by email
· Reception of newsletters
· Access to market information and news.
Depending on their location, Members may also subscribe to three additional services, which implies acceptance of specific terms of services, communicated to the User at the time of subscription:
Article 2.Access to the Services
2.1.Legal capacity
All Services provided by the Website are restricted to persons legally capable of contracting under French law.
2.2.Account creation
Access to some services is subject to registration on the Website. Upon registration, the Member agrees to complete the registration form truthfully and providing accurate and complete information. The Member undertakes in particular not to use a false identity liable to mislead third parties.
To register, each Member must choose a username and password allowing the Member to access the services offered by the Website. The Member is solely responsible for conserving and using his username and password. To protect Members’ data, passwords are encrypted. Therefore, Members may not recover lost passwords.
The Member shall ensure that his choice of username and profile picture does not violate third parties’ rights (notably does not constitute an unauthorized reproduction of a work protected by intellectual property rights), does not affect morality and does not constitute illegal content (i.e. apology of crimes against humanity, incitement to racial hatred, hatred of people because of their gender, sexual orientation or identity or disability, child pornography, incitement to violence and affront to human dignity).
2.3.Personal use
The User commits to have a reasonable and personal use of the Website’s free services. If the Publisher consider that the use is professional, the User understands and accepts that he may be asked to subscribe to the Website’s fee-based services, or to have his Website’s access shut down.
Article 3.Intellectual property
The Publisher owns the Content published on the Website or has permission to share it.
All texts, photographs, images, charts, logos, databases and any kind of Content whatsoever is protected under intellectual property. Reproduction, transmission, or dissemination in whole or in part, in any form whatsoever, is strictly prohibited. Such reproduction may constitute counterfeiting in accordance with article L. 335-1 et seq. of the French Intellectual Property Code and is punishable by a three years imprisonment and a EUR 300,000 fine.
The Publisher reserves the right to implement any solution in order to restrain the dissemination or reproduction of the Content.
Article 4.Personal Data
4.1.Data processing
Information collected during registration on the Website are subject to a data processing intended for the proper performance of the services offered by the Website, registered with the CNIL under number 1832597. This data is never sold to thirds. However, it may be transmitted to Publisher’s commercial partners, with the express prior authorization of the Member concerned.
4.2.Right of access, correction and objection
In accordance with the "Informatique et Libertés" law of 6 January 1978 amended in 2004, Members have a right to access and rectify their information. They also have the right to oppose, for legitimate reasons, the processing of their data. These rights may be exercised by mail (SURPERFORMANCE SAS, 17 avenue d'Albigny, 74 000 Annecy, France) or by email (customer@4-traders.com).
4.3.Cookies
Navigation on the Website is likely to cause the implantation of cookies on the terminals of Users, as described in the Cookie Policy.
Article 5.Liability
5.1.Use and reliability of the Content
The Content on the Website is intended for investors who have the necessary knowledge and experience to understand and appreciate the information developed. This information is disseminated for personal reference only.
Information of any kind available on or through the Website is from sources believed to be reliable. However, this information may contain inaccuracies, errors or omissions.
The User understands and accepts that use of the Website takes place under his sole responsibility, without recourse against the Publisher or its providers.
The Publisher assumes no responsibility for any use that may be made of the information disseminated, and the consequences that may result, including any decision taken on the basis of information contained in the Website.
5.2.Access to the Website
The Publisher strives to provide access to the Website 24/7, except in cases of force majeure or an event beyond the Publisher’s control, permitting for any breakdowns and maintenance necessary to the proper functioning of the Website and Services.
The Publisher and its providers cannot be held liable for inability to access the Website or use of Services.
Article 6.Terms’ evolution
The Publisher reserves the right to update these Terms at any time without notice, in order to adapt them to changes in the Website, its operation, or legislation.
Therefore, Users have to read regularly the Terms in force and to cease use of the Website in the event of disapproval to the Terms in force.
Article 7.Applicable Law
Both the Website and its conditions of use are governed by French Law, whatever the location or nationality of the User. The contract is considered concluded at the Company’s headquarters. In case of any dispute, and after the failure of all attempts at finding an amicable solution, the French courts of the Company’s headquarters will have jurisdiction to hear the dispute.
Last update: 2017-10-03