Terms Of Use Terms Of Use

 

END USER TERMS OF USE AGREEMENT

Article 1. Definitions
1.1 Agreement: the Subscription Agreement between us to which these Terms of Use are attached;
1.2 OSIS or Us, We or Our: Open Source Investor Services B.V., the provider for the Service to which You have subscribed;
1.3 Service: the service that is the subject of this Subscription Agreement that We provide You.
1.4 You: Your company or the individuals within Your company entitled to Use the Service.

Article 2. Intellectual property rights
2.1 You acknowledge that all the materials provided You by Us through the Service or otherwise, including but not limited to information, documents and logos, are provided either by OSIS or by Us and the intellectual property rights of such materials are owned by OSIS or Us.
2.2 Through the Agreement, We are granting You the right to Use the materials provided to You in accordance with these Terms of Use.
2.3 The intellectual property rights to the materials are protected by international treaty provisions. You acknowledge that no title to the intellectual property in the materials is transferred to You, and You further acknowledge that title and full ownership rights to the materials will remain the exclusive right of
OSIS or Us and You will not acquire any rights to the materials except as expressly set forth in these Terms of Use.
2.4 Open Source Investor Services is a trademark of Open Source Investor Services B.V. and other OSIS product names, service names, slogans, or logos referenced in this website are trademarks or registered trademarks of OSIS. All other company, product or service names referenced in this website are used for identification purposes only and may be trademarks or registered trademarks of their respective owners.
 
Article 3. The terms of Your use of the Service
3.1 In order to access the Service, You may be required to provide information about Yourself (such as identification or contact details) as part of Your continued use of the Service. You guarantee that the information You have provided or will provide in order to subscribe to the Service is accurate, correct, true, up-to-date and furthermore that You will keep the information up-to-date as may be required in the future.
3.2 You agree to use the Service only for purposes that are permitted by (a) these Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data to and from the relevant countries).
3.3 You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided to You by Us, unless You have been specifically allowed to do so in a separate agreement of which We are a party or are aware. You specifically agree not to access (or attempt to access) any of the Service through any (automated) means other than through the means here specifically authorised.
3.4 You agree that You will not upload viruses or other malicious code through the Service or engage in a denial of service attack against Us or (any of) Our own provider(s) engaged in providing the Service or that You will not engage in any other activity that interferes with or disrupts the Service (or the servers and networks which are connected to or form a part of the functioning of the Service).
3.5 Unless You have been specifically permitted to do so in a separate agreement with Us or with OSIS, You agree that You will not reproduce, duplicate, copy, sell, trade or resell the Service or any of the materials connected thereto for any purpose. Duplication of the materials provided to You is permitted for internal purposes only and only to the extent necessary for You successfully to utilise the Service.
3.6 You agree that You are solely responsible for and liable for (and that We have no responsibility to You or to any third party for) any breach of Your obligations under these Terms of Use and for the consequences including any loss or damage which OSIS may suffer of any such breach. Furthermore, You agree to hold OSIS harmless from any liability, in connection with (either direct or remote), resulting from, or as a consequence of any use, abuse, performance, activity, or access of the Service, and thereby unconditionally undertake to defend and protect OSIS from all matters, actions, incidents, cases, and the like, arising therefrom. 
3.7 If You violate the letter or spirit of these Terms of Use, or otherwise create possible legal exposure for Us or one of our providers regarding the Service, we can stop providing all or part of the Service to you, always subject to art. 5.4 below. We will notify You by email or at the next time You attempt to access your account.
3.8 We track general site usage statistics - information about how many total users access the site and the information functions within it. The information collected is used to help improve and manage the Service.
3.9 
This Web Site contains links to third-party websites and we permit links from other sites. These linked sites are not under the control of OSIS and OSIS is not responsible for the contents of any linked site or any link contained in a linked site. OSIS is providing these links only as a convenience, and the inclusion of a link does not imply endorsement of the linked site by OSIS.
 
Article 4. Privacy
4.1 You agree and understand that you are responsible for maintaining confidentiality of passwords associated with any account You use to access the Service.
4.2 Accordingly You agree that You will be solely responsible to Us for activities that occur under Your account, as determined or recorded by us or our Service provider(s).
4.3 You agree to notify Us immediately of any unauthorised use of Your password or of Your account
4.4 You expressly agree to the use of Your data that you provide to OSIS in accordance with the Data protection act of the Netherlands (Wet bescherming persoonsgegevens) and that Act's associated regulations or with comparable data protection laws and regulations that may be applicable in the jurisdiction(s) in which you are located.

Article 5. No Investment Advice
5.1 The Web Site is provided by OSIS and any information, content, data, or materials  (Materials) is intended solely for informational purposes. 
5.2 All Materials contained herein should not be construed as investment advice. 
5.3 The Materials do not constitute a recommendation or offer to sell, solicitation or recommendation to purchase any security or investment advisory services.


Article 6. Disclaimer of Warranty
6.1 The Web Site and the Materials on the Web Site are provided "as is" and "when available" without any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose. (Some jurisdictions do not allow for the exclusion of implied warranties, so the above exclusions may not apply to you.) OSIS does not make any judgment or warranty with respect to the accuracy, timeliness or suitability of the content of any of the services herein provided.
6.2 The Web Site and Materials may contain errors, including without limitation, inaccuracies and typographical errors. OSIS disclaims any obligation to update the Web Site or any of the materials or statements on this site. OSIS does not warrant the accuracy or completeness of the materials or the reliability of any advice, opinion, statement or other information displayed or distributed through the Web Site. You acknowledge that any reliance on any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OSIS reserves the right, in its sole discretion, to correct any errors or omissions in any Materials. OSIS may make any other changes to the Web Site, the Materials, the products, programs, services or prices (if any) described in the Web Site at any time without notice and in its sole discretion.
6.3 You should not rely on any of the Materials for any purpose, including without limitation, as the basis for any financial investment or trading decision. The terms of the products and services described herein are contained within the related written agreements to which the user is referred for complete information.
 

6.4 OSIS TAKES NO RESPONSIBILITY FOR VIRUSES OR OTHER DESTRUCTIVE OR INTRUSIVE COMPUTER PROGRAMS THAT MAY DAMAGE YOUR COMPUTER SYSTEM OR DATA, RESULTING FROM YOUR ACCESS TO OR USE OF THIS SITE OR ANY EXTERNAL WEBSITE LINKED TO THIS SITE.


Article 7. Limitation of Liability
7.1 NEITHER OSIS NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR OTHER THIRD PARTY PROVIDERS OR CONTENT PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY FORM OF DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR RELATED TO THE USE OR ATTEMPTED USE OF THE SITE, OR ANY EXTERNAL WEBSITES LINKED TO THIS SITE, OR THE MATERIALS ON THE SITE, EVEN IF OSIS WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THE SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.


Article 8. General provisions
8.1 These Terms of Use shall be construed in accordance with the laws of the Netherlands.
8.2 All disputes connected to or arising out of these Terms of Use or any ancillary contracts between You and Us and/or our legal successors, will be brought before the district court of Amsterdam, the Netherlands, including the President of the Court for interim injunction proceedings.
8.3 The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision hereof and the affected provision shall be deemed replaced by such valid and enforceable provision which comes closest to Our original intention.
8.4 Obligations which according to their nature are meant to continue even after the termination of these Terms of Use, will survive such termination. The termination of these Terms of Use explicitly does not relieve You or Us from any obligation concerning, liability, intellectual property, take-over, applicable law and competent court.
8.5 If We fail to enforce any of these Terms of Use, it will not be considered a waiver.
8.6 Any amendment to or waiver of these Terms of Use must be expressly authorised by Us.
8.7 You will not transfer any of your rights or obligations under these Terms of Use to anyone else without our consent.
8.8 All of Our rights and obligations under these Terms of Use are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
8.9 Nothing in these Terms of Use shall prevent either You or Us from complying with the applicable law.
8.10 These Terms of Use do not confer any third party beneficiary rights, and do not create any rights or obligations between You and OSIS.
8.11 Any cause of action You may have with respect to Your use of the Web Site must be commenced within one (1) year after the claim or cause of action arises.