Terms Of Service
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FX Software Solutions Terms of Service
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Last Updated: April 02, 2008
Welcome to FX Software Solutions! By using the FX Software Solutions website and other services ("Service") provided by FX Software Solutions, ("FX Software Solutions"), you agree to be bound by the following terms and conditions ("Terms of Service"):
1. DESCRIPTION OF SERVICE
General Description. FX Software Solutions is a collaborative media company which enables users to get informed, stay informed, and communicate about specific topics of interest. The Service provides users with access to and control over a collection of online resources, including but not limited to:
Various media and communication tools, such as the start page, group blog and member photos features, provided by FX Software Solutions
Data, text, links, feeds, graphics, photos, audio and video clips, messages, screen names, profiles, and other information posted by FX Software Solutions or by users of the Service and publicly displayed on the Service ("Content")
Right to Modify Service. FX Software Solutions reserves the right to immediately change, suspend, remove, or discontinue any part of the Service or any Content for any reason, without prior notice or liability.
Adults Only. Our site is intended for adults only. You must be 13 years or older to use this site. In accordance with Federal Children's Online Privacy Protection Act of 1998 (COPPA), FX Software Solutions will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age. Please see our Privacy Policy for additional information or how to notify us of any concerns in this regard.
2. USER CONDUCT
Conditions of Use. As a condition of use, you agree to all of the following:
You acknowledge that the service is for personal use only. You agree that you will not use the Service for any commercial purposes.
As a condition of registering with the Service, you are required to select a user identification ("User ID") and password and provide your real first name and optionally your last name. While FX Software Solutions will keep your UserID and password confidential in accordance with its Privacy Policy, you are also responsible for maintaining the confidentiality of your UserID and password.
You are responsible for all activity that occurs under your User ID.
You are solely responsible for your conduct and any Content that you submit, post, and display on the Service, or that you allow others to submit, post and/or display on the Service under your UserID.
You must not harass, threaten, impersonate, or intimidate other FX Software Solutions users.
You must not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
You must not transmit any worms or viruses or any code of a destructive nature.
You must not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," "affiliate links," or any other form of solicitation without the express written consent of FX Software Solutions.
You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
You must not use the Service for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable Content.
You must not create multiple user accounts with the intention of artificially inflating ratings or exploiting other features in the Service, including but not limited to member photo quota.
3. CONTENT SUBMITTED FOR INCLUSION OR MADE AVAILABLE ON THE SERVICE
License Grants. When you post your own copyright Content on or through the Service, you retain ownership of any copyright you claim to your submitted Content. However, by posting your Content through the Service you automatically grant FX Software Solutions a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to (i) use, reproduce, modify, publish, edit, translate, modify, adapt, distribute, perform, and display the Content alone or as part of other works in any form, media, or technology whether now known or later developed, and to (ii) freely and fully sublicense such rights through single or multiple tiers of sublicensees.
You also expressly acknowledge and agree that FX Software Solutions shall have the right to grant a Creative Commons Attribution-NonCommercial-NoDerivs 2.5 License ("CC License"), available at http://creativecommons.org/licenses/by-nc-nd/2.5/, for all Content posted on or through the Service, including Content you post on or through the service. In cases where FX Software Solutions licenses Content through a CC License, you agree that any attribution required under the CC License shall be to the Service.
Links to Other Sites and Resources. The Service contains links to other websites or resources. FX Software Solutions has no control over such external sites and resources. You agree that (i) FX Software Solutions is not responsible for the availability or accuracy of such external sites and resources, and (ii) FX Software Solutions does not endorse nor is it responsible or liable for any Content, advertising, products, or materials on or available from such external sites and resources.
Inappropriate User Submitted Content. FX Software Solutions prohibits certain user conduct and Content described above and, without obligation, will use reasonable efforts to eliminate such conduct and Content. Nevertheless, you acknowledge and agree that (i) FX Software Solutions is not and cannot be responsible for Content posted by users on the Service, (ii) you may be exposed to any such materials or Content, and (iii) you must bear all risks associated with the exposure to and/or use of any Content, including without limitation any reliance on the accuracy, completeness, or usefulness of such Content.
Mature Content. Please be aware that FX Software Solutions does not allow pornographic, erotic, adult or mature content to be posted through the service.
4. COPYRIGHT POLICY
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
Our Copyright Policy has been developed in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, and is available at http://www.fxsoftwaresolutions.com/legal#copyright. By accepting the Terms of Service, you agree to be bound by our Copyright Policy.
5. PRIVACY POLICY
FX Software Solutions takes the privacy of its users very seriously. Our Privacy Policy is available at http://www.fxsoftwaresolutions.com/legal#privacy. By accepting the Terms of Service, you agree to be bound by our Privacy Policy.
6. INDEMNITY
By accepting the Terms of Service, you agree to indemnify and hold FX Software Solutions and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Service (including our Copyright Policy and Privacy Policy), or your violation of any rights of another.
7. WARRANTY DISCLAIMERS
YOU AGREE THAT YOUR USE OF THE SERVICE PROVIDED BY FX SOFTWARE SOLUTIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FX SOFTWARE SOLUTIONS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. FX SOFTWARE SOLUTIONS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SERVICE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICE. FX SOFTWARE SOLUTIONS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND FX SOFTWARE SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
8. LIMITATION OF LIABILITY
YOU AGREE THAT FX SOFTWARE SOLUTIONS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
9. TERMINATION
FX Software Solutions reserves the right to terminate your FX Software Solutions member account immediately, without prior notice or liability, for any reason. If FX Software Solutions terminates your account, your right to use the Service will immediately cease.
You can terminate your FX Software Solutions member account at any time and for any reason, and we will make available through the Service reasonable means for you to do so.
All provisions of the Terms of Service will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
10. MISCELLANEOUS PROVISIONS
Entire Agreement. The Terms of Service, including FX Software Solutions's Copyright Policy and Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and FX Software Solutions and governs your use of the Service, superseding any prior agreements between you and FX Software Solutions.
Governing Laws. The Terms of Service will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
Dispute Resolution. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrators will be selected from a panel of persons having experience with and knowledge of electronic commerce, computers, collaborative media, and the internet. In the event that any party's claim exceeds $1 million, exclusive of interest and attorneys' fees, the dispute shall be heard and determined by three arbitrators. The place of arbitration shall take place in San Mateo or Santa Clara Counties, California, USA. Any judicial proceeding following arbitration shall take place in the State or Federal courts within the judicial district where the arbitration took place.
Waiver and Severability. The failure of FX Software Solutions to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Notices. FX Software Solutions may provide you with notices, including, without limitation, those regarding changes to the Terms of Service and other service-related announcements, by email or postings on the Service
Future Modifications of Terms of Service. We reserve the right to modify the Terms of Services at any time, and without prior notice, by posting amended terms on this website. Your continued use of the Service indicates your acceptance of the amended Terms of Service
Trademarks. FX Software Solutions, the FX Software Solutions logo, and other FX Software Solutions logos and names are trademarks of FX Software Solutions. You agree not to display or use these trademarks in any manner without the prior written consent of FX Software Solutions.
Contact Information. Please send any questions or comments, or report any Terms of Service violations, to info@fxsoftwaresolutions.com .
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FX Software Solutions Privacy Policy
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Last Updated: April 02, 2008
SUMMARY
We take the privacy of our users very seriously. Please read this Privacy Policy to learn more about how we treat personally identifiable information. We provide this Privacy Policy because you have a right to know what information we collect, how it is protected and used, and the circumstances under which it may be disclosed. If you have comments, suggestions, questions, or concerns about our Privacy Policy, please contact us via email at info@fxsoftwaresolutions.com or in writing at: Privacy Director, FX Software Solutions, 303-2053 West 8t Avenue, Vancouver, BC, v6j 1w4, Canada.
Online Privacy Standards. Despite the fact that a) there are no official standards governing privacy practices on the internet, and b) we are a Canadian organization - we make an effort to follow the principles supported by the Federal Trade Commission's Fair Information Practices Principles, currently available at http://www.ftc.gov/reports/privacy3/toc.htm.
What This Policy Covers. This policy covers FX Software Solutions's treatment of personally identifiable information that we obtain when you visit our website or use our services. We regard personally identifiable information as information that someone can use to identify or contact you in person, such as real name, telephone number, birth date, email address, or physical mailing address. Information that we use internally to identify you as a member in our system, such as your selected UserID, is not considered personally identifiable information.
What This Policy Does Not Cover. This policy does not cover the privacy practices of third parties that we do not own or control, such as our partners and advertisers. In addition, we may provide links to other services and on occasion to other sites that may interest you. All of these sites operate independently of FX Software Solutions and they have their own privacy or security practices. For your best on-line experience, we encourage you to review their policies before submitting any personal information to them.
HOW WE COLLECT INFORMATION
Information You Provide
Registration Information. During the registration process, we collect your email address. We will send you an email to verify that you are the owner of this address. You will also provide your real first name and optionally your last name and will choose a UserID that we will use to identify you in our system.
Optional Member Profile Information. You can choose to provide us with additional optional information about yourself, to help us deliver a more personalized experience to you. You can also choose to provide us with information you use to access web services of our partners, such as your username or password for certain instant messaging and photo-sharing services. We use this information to enable easy access to your favorite services throughout our website.
Access To Your Personal Information. In general, we make it easy for you to view the personally identifiable information we have collected from you in your member profile page, where you can add, edit, or delete it as you see fit.
Information We Do Not Collect
Children. As explained further in this Terms of Service document, currently available at www.fxsoftwaresolutions.com/legal, you must be 13 years of age or older to register to use our website. Therefore, we do not knowingly collect personally identifiable information about children. If you believe that we have information from or about anyone under 13 years of age, please notify us by email at info@fxsoftwaresolutions.com or write to our Privacy Director at the address noted above.
Social Insurance Number or Social Security Number. We do not ask for or require your Social Insurance Number or Social Security Number to use any of our services or to access any part of our site.
Information We Track
Log Files. Similar to many websites, we gather certain anonymous, non-personal information automatically and store it in web server log files. This information includes internet protocol addresses, browser type, internet service provider (ISP), site entry/exit pages, operating system, date/time stamp, and clickstream data. We use this information to improve our site, analyze trends, administer the site, track users' movements around the site, and gather aggregate information about our user base as a whole. Aggregate information is data we collect about a group or category of services or members from which individual member identities have been removed, and therefore does not include your personally identifiable information.
Cookies. A cookie is a small text file that is stored on a user's computer for record-keeping purposes. It can also help us understand how our site visitors click to our site, and what pages they view during their visit. Similar to many websites, we store an encrypted cookie on your computer so we can remember you when you come back to our website without requiring you to log-in every time. Cookies also allow us to track and understand the interests of our users to enhance the overall experience on our site.
Our partners. Some of our business partners may also use cookies on our site. For example, our advertising partners may use cookies to collect non-personally identifiable information about your visit to our site in order to provide advertisements about goods and services that may be of interest to you. We have no access to or control over these cookies, and, as noted above, this privacy policy does not govern the use of cookies by our business partners or advertisers. Two of our larger advertising partners include Google and BlueLithium (a Yahoo! company), and you can learn more about their data collection practices by reading their privacy policies at http://www.google.com/privacypolicy.html and http://www.bluelithium.com/privacy_policy.html.
You can set your web browser software to disable cookies. To do so, please refer to the help section of your specific browser for more information on how to manage or disable cookies. If you disable cookies, you may still view our site, but some areas of our site will not work properly.
HOW WE USE INFORMATION
In Company Communications
We use emails and/or prominent notifications on our websites as our primary means to inform our members of important service and promotional announcements.
Service-related Announcements. We use your email address to deliver important service-related announcements. Example service-related announcements include: email verification during registration, requests for password reset, important security or server maintenance updates, software updates, upgrades, and new releases, or policy changes. These service-related announcements are considered a fundamental part of our web service, and members cannot opt-out of these email announcements.
Promotional Announcements. In order to improve the experience for our users, we will sign new users up for optional email communications, such as regular updates from our corporate website, or email alerts and newsletters for specific web guides. These communications are enhancements to our service and are entirely optional. We will make it easy for you to unsubscribe from these communications, either through the emails or though your member profile page.
Refer A Friend Program. If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend email inviting him or her to visit the site. We store this information for the sole purpose of sending this one-time email, and to track the success of our referral program. Your friend may contact us at info@fxsoftwaresolutions.com to request that we remove this information from our database.
On Our Website
Identification Of Authors By UserID. We are a collaborative media company, which means we depend on the contributions and actions of our members to improve the quality of the site experience. When you make a contribution to a wikizine (such as adding a picture or posting an article), you will be identified by your UserID as the author of that contribution. Similarly, when you take other important actions on the website, such as editing or deleting someone else's content or message, you will be identified as the author of that action. In these circumstances, we will only identify you by your UserID. In some cases you can choose to include other personally identifiable information along with your UserID citations, such as your instant messaging username. However, in using our service, you are not required to provide or publicize any personally identifiable information in connection with your contributions and actions on our website.
Public Profile. When you register, we will create a public member profile based on your UserID. You have the option to include your personally identifiable information in your public profile, but you are not required to do so. You can easily add, edit, and delete information in your public profile through the member profile page.
Site Statistics. As noted above, we use information collected from our web log files to calculate and publish anonymous, non-personal, aggregate statistics that we believe our members are interested in viewing. For example, we track and publish the total number of users who have viewed a particular web page. We publish this data in aggregate form only, and do not tie it to any personally identifiable information.
For Internal Reporting and Analysis
As noted above, we use information gathered from log files and cookies to improve our site, analyze trends, administer the site, track users' movements around the site, and to gather aggregate information about our user base as a whole. We do not tie this data to personally identifiable information.
HOW WE SHARE AND DISCLOSE INFORMATION
On Our Website
Public Messages. Some of our features, such as the group blog and forum, allow you to communicate with other members by posting public messages. Please be aware that what you write in these public messages can be viewed, collected or used by anyone who visits our website. We are not responsible for any personally identifiable information that you submit or permit others to submit through public messages.
With Third-Parties
Sharing, Renting, and Selling Information We Collect. We will neither rent nor sell your personally identifiable information to anyone. Occasionally we share anonymous, non-personal, aggregate information about our user base with partners or advertisers, and we may publish these aggregate usage statistics on our website for the interest of our members. We do not tie this shared or published data to personally identifiable information.
Linked Services. In some cases, we allow you to access or link to other web services through our website. For example, we allow users to import photos from a gallery hosted on a partner's site and we allow users to enter an instant messaging chat room hosted by a partner. We make it easy for you to determine when you are accessing or linking to these other web services through or website. In all of these cases, our partners may choose to collect your personal information as they deem appropriate. As noted above, we are not responsible for or in control of how our partners collect, use, or disclose your information obtained through these linked services. We encourage you to be aware when you are using these partner services and, for your best on-line experience, we encourage you to review their policies before submitting any personal information to them.
AS NECESSARY IN CERTAIN LEGAL CIRCUMSTANCES
Legal Requirements. We reserve the right to disclose your personally identifiable information as required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our website.
Acquisition. If our company is acquired, all of our assets, including user information, may be transferred to the acquiring company. At that time, your user information may become subject to the acquiring company's privacy policy. Before we transfer your user information, we will notify you either by email or by posting a prominent notice on our site, and we will remind you of your ability to add, edit or delete your personally identifiable information from your member profile page in advance of any such transfer.
HOW WE KEEP INFORMATION SECURE
Security of Account Information. Your account information is password-protected. We will not share your password with anyone. Please do not share your password with anyone, and remember to change your password from time to time, to keep your account information secure.
Network Security. We have implemented a variety of commercially standard security technologies and procedures to protect information, including your personal information, stored in our computer systems from unauthorized access. Please be aware that no method of transmission over the internet, or method of electronic storage, is 100% secure, thus we strive to use commercially acceptable means to protect your personal information, but we cannot guarantee its absolute security.
Management Procedures. We also maintain standard physical and electronic procedural safeguards that limit access to your personally identifiable information to our employees (or people working on our behalf and under confidentiality agreements) who, through the course of standard business activities, need to access your personally identifiable information.
YOUR PERSONAL CHOICES
Sharing Information With Other Members. You are able to control what personal information about you is shared with other members in your public profile, and what information you choose to keep private. You can view, add, edit, and delete information in your public profile through your member profile page.
Receiving Communications. If you subscribe to any optional promotional communications, you will be able to unsubscribe from them through your member profile page or through the emails we send you.
Editing / Deleting Member Account Information. You can view the personally identifiable information we have collected from you in your member profile page where you can add, edit, or delete it as you see fit. You may also request deletion of your member account through your member profile page.
UPDATES TO OUR PRIVACY POLICY
From time to time, we will review and make changes to our privacy policy. When we do so, we will notify you either by email or by placing a prominent notice on our website. The most recent version of our privacy policy is always available from a link on our homepage, and at http://www.fxsoftwaresolutions.com/legal#privacy.
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FX Software Solutions Copyright Policy
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Last Updated: March 25, 2008
We respect the intellectual property rights of others, and we ask that our users do the same. We have adopted the following general policy in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.
It is our policy to block access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users who we believe in good faith are repeatedly infringing copyrighted works.
NOTICE OF INFRINGING MATERIAL
We respond to notices of alleged infringement that comply with the DMCA and other applicable laws. In accordance with the DMCA, we have assigned a Designated Agent to handle copyright infringement claims. Our Designated Agent's contact information is at the end of this Policy.
If you believe that your copyrighted work has been used on our website in a way that constitutes copyright infringement, please send to the Designated Agent a notice of copyright infringement under the DMCA containing the following information:
Identification of the copyrighted work that you claim has been infringed on our website;
Identification of the material that you claim has infringed on the identified copyrighted work, including (a) a description of how the material in question is using the copyrighted work in a way that constitutes copyright infringement, and (b) a description of where the material in question is located on the FX Software Solutions website, with sufficient detail that we may verify the existence of the material on the web site;
Your contact information, including your full name, mailing address, telephone number, and email address;
Statement by you that you have a good faith belief that the disputed use of the copyrighted materials is not authorized by the copyright holder, its agents, or the law;
Statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the copyright holder or are the authorized to act on behalf of the copyright holder; and
Electronic or physical signature of the person authorized to act on behalf of the copyright holder.
In addition to the above items, it would be helpful to include and any information to allow us to verify with certainty the copyright status of the work you claim has been infringed (for example, a copy of the copyright registration for the work).
REVIEW OF NOTICES
Once received, we will review your notice. If your notice contains all of the appropriate information under the DMCA, and if we believe in good faith that the material in question is being used in a way that constitutes copyright infringement, then we will promptly remove or disable access to the infringing material.
COUNTER-NOTIFICATION
If material that you have posted on our site has been removed or disabled due to alleged copyright infringement, you may send our Designated Agent a counter-notification containing the following information:
Identification of the material that has been removed or disabled, including a description of the where the material in question appeared on the FX Software Solutions website before it was removed or disabled;
Statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or blocked as a result of a mistake or misidentification of the material in question;
Your contact information, including full name, mailing address, telephone number, and email address;
Statement by you that you consent to the jurisdiction of the Federal Court for the judicial district in which your address is located or, if your address is outside of the USA, for the judicial district in which FX Software Solutions is located, and that you will accept service of process from the person who provided notification of the alleged infringement;
Your electronic or physical signature.
Once received, FX Software Solutions will review your counter-notification and will take action that we believe in good faith to be appropriate.
ORIGINAL USER-SUBMITTED WORKS
If you are looking for information on how copyrights for original user-submitted works are governed by FX Software Solutions, please see our Terms of Service.
CONTACT INFORMATION FOR FX Software Solutions is:
FX Software Solutions
303 - 2053 8 Avenue West
Vancouver, BC, Canada, v6j 1w4
email: info@fxsoftwaresolutions.com
Please note that submissions by email will generally receive the most prompt review.
Regards,
The FX Software Solutions Team
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About FX Software Solutions
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FX Software Solutions is a community site that helps you research and learn about any Forex-related topic. You'll find reviews and recommendations, opinions, software tools, market data and analysis, and other people who share your interests
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FX Software Solutions
303 - 2053 8 Avenue West
Vancouver, BC, Canada, v6j 1w4
email: info@fxsoftwaresolutions.com
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