General Terms
You represent that you have read and agree to be bound by the Terms of Use.

 

Intellectual Property
This Web site, and all of the content it contains, or may in the future contain, including but not limited to text, content, photographs, video, audio and graphics, goods, designs, information, applications, software, music, audio files, articles, directories, guides, photographs as well as the trademarks, service marks, trade names, trade dress, copyrights, logos, domain names, code, patents and/or any other form of intellectual property (collectively, the “Service”) that relates to this site, are owned by or licensed by Doteki International Limited or other third parties and are protected from any unauthorized use, copying and dissemination by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of England and Wales and other countries. The Service is also protected as a collective work or compilation under England and Wales copyright and other laws and treaties. All individual articles, columns and other elements making up the Service are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Service. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by Doteki International Limited, its general and limited partners, and its subsidiaries, and their respective general partners and affiliates (collectively “Doteki International Limited”) and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Doteki International Limited and such others. You agree to protect the proprietary rights of Doteki International Limited and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by Doteki International Limited or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Service. You agree to notify Doteki International Limited in writing promptly upon becoming aware of any unauthorized access or use of the Service by any individual or entity or of any claim that the Service infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Service (the “Intellectual Property Rights”) shall, as between you and Doteki International Limited, at all times be and remain the sole and exclusive property of Doteki International Limited. All present and future rights in and title to the Service (including the right to exploit the Service and any portions of the Service over any present or future technology) are reserved to Doteki International Limited for its exclusive use. Except as specifically permitted by the Terms of Use, you may not copy or make any use of the Service or any portion thereof. Except as specifically permitted herein, you shall not use the Intellectual Property Rights or the Service, or the names of any individual participant in, or contributor to, the Service, or any variations or derivatives thereof, for any purpose, without Doteki International Limited's prior written approval.

 

Restrictions on Use
You may not use the Service for any illegal purpose, for the facilitation of the violation of any law or regulation, or in any manner inconsistent with the Terms of Use. You agree to use the Service solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Service in any manner that could compete with the business of Doteki International Limited or any of its suppliers. Except as expressly permitted by Doteki International Limited in writing you may not copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, sell, license, upload, edit post, frame, link, or in any way exploit any part of the Service, except that you may download material from the Service and/or make one print copy for your own personal, noncommercial use, provided that you retain all copyright and other proprietary notices. You may not recirculate, redistribute or publish the analysis and presentation included in the Service without Doteki International Limited's prior written consent. Nothing contained in the Terms of Use or on this site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Service in any manner without the prior written consent of Doteki International Limited or such third party that may own the Service or intellectual property displayed on this site. UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, PUBLICATION, REPUBLICATION, UPLOADING, FRAMING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER MISUSE OF ANY OF THE SERVICE IS STRICTLY PROHIBITED. Any use of the Service other than as permitted by the Terms of Use will violate the Terms of Use and may infringe upon our rights or the rights of the third party that owns the affected Service. You agree to report any violation of the Terms of Use by others that you become aware of. You may use the “e-mail this article” function solely to inform others about a Doteki International Limited News article, and you shall immediately cease using this function with regard to recipients who have requested not to receive such information. You may not offer any part of the Service for sale or distribute it over any other medium including but not limited to over-the-air television or radio broadcast, a computer network or hyperlink framing on the internet without the prior written consent of Doteki International Limited. The Service and the information contained therein may not be used to construct a database of any kind. Nor may the Service be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database Services containing all or part of the Service. You may not use the Service in any way to improve the quality of any data sold or contributed by you to any third party. You may not input, distribute, upload, post, email, transmit or otherwise make available any content through the Service that: (i) is promotional in nature, including solicitations for funds or business, without the prior written authorization of Doteki International Limited, or constitutes junk mail, spam, chain letters, pyramid schemes or the like; (ii) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (iii) you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (iv) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (v) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment; (vi) is harmful to minors; or (vii) constitutes the personally identifiable information of any other person that such person has not authorized you to disclose. You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Doteki International Limited in any manner which creates the impression that such items belong to or are associated with you or are used with Doteki International Limited’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You may neither interfere with nor attempt to interfere with nor otherwise disrupt the proper working of the Service, any activities conducted on or through the Service or any servers or networks connected to the Service. You may neither obtain nor attempt to obtain through any means any materials or information on the Service that have not been intentionally made publicly available either by public display on the Service or through accessibility by a visible link on the Service. You shall not violate the security of the Service or attempt to gain unauthorized access to the Service, data, materials, information, computer systems or networks connected to any server associated with the Service, through hacking, password timing or any other means. You may neither take nor attempt any action that, in the sole discretion of Doteki International Limited, imposes or may impose an unreasonable or disproportionately large load or burden on the Service or the infrastructure of the Service. You shall not use or attempt to use any “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code,” or any other automate device, program, tool, algorithm, process or methodology to access, acquire, copy, or monitor any portion of the Service, any data or content found on or accessed through the Service, or any other Service information without the prior express written consent of Doteki International Limited. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any other content.

 

License
(i) You acquire absolutely no rights or licenses in or to the Service and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms of Use. Should you choose to download content from the Service, you must do so in accordance with the Terms of Use. Such download is licensed to you by Doteki International Limited ONLY for your own personal, noncommercial use in accordance with the Terms of Use and does not transfer any other rights to you.

(ii) Doteki International Limited’s long-standing company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested (see below). Accordingly, we ask that you do not send us any original creative materials that you expect to be compensated for or that you would like to keep private. If you nevertheless choose to make any such submission, Doteki International Limited may freely use the submission, in whole or in part, for any purpose without any obligation to you.

Without limiting the generality of the foregoing, if you submit material (i.e., user-generated content, including, but not limited to: comments, text, video, audio, and photographs) to this site, any other site owned by Doteki International Limited and its affiliates or to Doteki International Limited or its representative, or if you send us creative suggestions, ideas, notes, concepts, or any other information (each, a “Submission” and collectively, the “Submissions”), despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. None of the Submissions shall be subject to any obligation of confidence on the part of Doteki International Limited, and Doteki International Limited shall not be liable for any use or disclosure of any Submissions. Unless Doteki International Limited indicates otherwise, you grant to Doteki International Limited a perpetual, nonexclusive, irrevocable, fully paid, royalty-free, sublicensable and transferable (in whole or in part) worldwide right and license in any and all media, now known or later developed, to use, publish, reproduce, display, modify, transmit digitally, create derivative works based upon, distribute, copy, and otherwise exploit Submissions for any purpose whatsoever (including, without limitation, advertising, commercial, promotional and publicity purposes) in Doteki International Limited’s discretion without additional notice, attribution or consideration to you or to any other person or entity. You also permit any other user to access, store, or reproduce Submissions for that user’s personal use. You grant Doteki International Limited the right to use the name that you submit in connection with Submissions. You agree and understand that Doteki International Limited is not obligated to use any Submission you make to this site or Doteki International Limited and you have no right to compel such use. You hereby acknowledge and agree that your relationship with Doteki International Limited is not a confidential, fiduciary, or other special relationship, and that your decision to submit any material to Doteki International Limited does not place Doteki International Limited in a position that is any different from the position held by members of the general public with regard to your Submission. You represent and warrant that you are the original author or creator of the Submissions (except as expressly indicated otherwise), that neither the permission nor consent of any other person or entity is required to enable Doteki International Limited to legally use your Submission in accordance with this license and that Doteki International Limited’s use of your Submission in accordance with this license will not violate or infringe upon the rights of any person or entity, and that you own or otherwise control all of the rights to the Submissions that you submit; that the Submissions you submit are truthful and accurate; that use of the Submissions you supply does not violate this Terms of Use and will not cause injury to any person or entity; and that you will indemnify Doteki International Limited and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns for all claims resulting from Submissions you supply. Doteki International Limited and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns disclaim any responsibility and assume no liability for any Submissions submitted by you or any third party. You hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas, and forever release and discharge Doteki International Limited and its licensees from any and all claims you may have in connection with Doteki International Limited’s use of your Submission in accordance with this license. Finally, you acknowledge that, with respect to any claim you may have relating to or arising out of Doteki International Limited’s actual or alleged exploitation or use of any material you submit to this site and/or Doteki International Limited, the damage, if any, thereby caused will not be irreparable or otherwise sufficient to entitle you to injunctive or other equitable relief or to in any way enjoin the exploitation or other use of any Doteki International Limited product or service based on or allegedly based on the material, and your rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. You agree that this authorization contains the full and complete understanding between Doteki International Limited and you regarding Doteki International Limited’s use of your Submission and cannot be modified except by a document signed by Doteki International Limited and you.

 

Disclaimer and Limitation of Liability
(i) YOU AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT THE SERVICE AND ANYTHING CONTAINED WITHIN THE SERVICE, INCLUDING, BUT NOT LIMITED TO, CONTENT, SERVICES, GOODS, OR ADVERTISEMENTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT AUTHENTIC EVIDENCE MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR THOSE ARISING BY STATUTE OR OTHERWISE IN LAW FROM A COURSE OF DEALING OR USAGE OF TRADE. AUTHENTIC EVIDENCE DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THIS SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS SITE, THE SERVICE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY. AUTHENTIC EVIDENCE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THIS SITE OR THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT AUTHENTIC EVIDENCE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

(ii) Doteki International Limited does not warrant that the Service is compatible with your equipment or that the Service, or e-mail sent by Doteki International Limited or its representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage you may suffer as a result of such destructive features. You agree that Doteki International Limited and its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by the negligence of Doteki International Limited, its parent, or their respective affiliates, Suppliers, agents, directors, officers, employees, representatives, general partner, subsidiaries, successors, and assigns, or otherwise arising in connection with the Service and shall not be liable for any lost profits, losses, punitive, incidental or consequential damages, or any claim against Doteki International Limited by any other party; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Service caused by your computer equipment or arising from your use of the Service on such equipment. The content of other Web sites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Service is not maintained or controlled by Doteki International Limited. Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site Doteki International Limited is not responsible for the availability, content, or accuracy of other Web sites, services, or goods that may be linked to, or advertised on, the Service. Doteki International Limited does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Service; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other Web sites, services, goods, or advertisements that may be linked to the Service; or (c) make any endorsement, express or implied, of any other Web sites, services, goods, or advertisements that may be linked to the Service. If you decide to leave this site and access the Third Party Sites, you do so at your own risk and you should be aware that our terms and policies no longer govern. Doteki International Limited is also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment you use to access the Service. You understand that Doteki International Limited and/or third-party contributors to the Service may choose at any time to inhibit or prohibit their content from being accessed under the Terms of Use.

(iii) You acknowledge that: (i) the Service is provided for information purposes only and is not intended for trading purposes; (ii) the Service may include certain information taken from stock exchanges and other sources from around the world; (iii) Doteki International Limited does not guarantee the sequence, accuracy, completeness, or timeliness of the Service or any information, facts, views, opinions, statements or recommendations contained on this site and/or the Service; (iv) the provision of certain parts of the Service is subject to the terms and conditions of other agreements to which Doteki International Limited is a party; (v) none of the information contained on this site constitutes a solicitation, offer, opinion, endorsement or recommendation by Doteki International Limited to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and (vi) the information provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, anything to the contrary herein set forth notwithstanding, Doteki International Limited, its Suppliers, agents, directors, officers, employees, representatives, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Service including, but not limited to, quotes and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Service; or (c) loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance.

(iv) UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL AUTHENTIC EVIDENCE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, SUPPLIERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS OR ASSIGNS BE LIABLE TO YOU OR ANY THIRD PERSON FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF AUTHENTIC EVIDENCE HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING IN ANY WAY FROM OR IN CONNECTION WITH THIS SITE, THE SERVICE, USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE Terms of Use, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL AUTHENTIC EVIDENCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.

BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS:

 

Your Authority to Agree to this Terms of Use
You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (16) years old.

 

Termination
(a) You may terminate the Terms of Use, with or without cause and at any time, by discontinuing your use of the Service and destroying all materials obtained from the Service. (b) You agree that, without notice, Doteki International Limited may terminate the Terms of Use, or suspend your access to the Service, with or without cause at any time and effective immediately. The Terms of Use will terminate immediately without notice from Doteki International Limited if you, in Doteki International Limited's sole discretion, fail to comply with any provision of the Terms of Use. (c) Doteki International Limited shall not be liable to you or any third party for the termination or suspension of the Service, or any claims related to the termination or suspension of the Service. Upon termination of the Terms of Use by you or Doteki International Limited, you must discontinue your use of the Service and destroy promptly all materials obtained from the Service and any copies thereof. Doteki International Limited will determine your compliance with the Terms of Use in its sole discretion and its decision shall be final and binding and not subject to challenge or appeal. Any violation of the Terms of Use may result in restrictions on your access to all or part of this site and may be referred to law enforcement authorities. No changes to or waiver of any part of the Terms of Use shall be of any force or effect unless formally posted or made in writing and signed by a duly authorized officer of Doteki International Limited. Upon termination of your membership or access to this site, or upon demand by Doteki International Limited, you must destroy all materials obtained from this site and all related documentation and all copies and installations thereof. You are advised that Doteki International Limited will aggressively enforce its rights to the fullest extent of the law.

 

Non-United Kingdom Residents & Jurisdictional Issues
(i) Doteki International Limited operates this site in the United Kingdom. Doteki International Limited makes no representation that the Service, including merchandise offered for sale on this site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United Kingdom. If you access this site from locations outside of England and Wales you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, if and to the extent local laws are applicable. (ii) This site is controlled and operated by Doteki International Limited from its offices within the State of New York, United Kingdom. Doteki International Limited makes no representation that materials in this site are appropriate or available for use in other locations.

 

Compliance, Reputational, Operational and Other Considerations
You represent, warrant and covenant to Doteki International Limited that none of you or any person who acts on your behalf or at your direction shall use (or enable others to use) the Services or anything created using the Services in connection with: (i) activities relating to nuclear, chemical or biological weapons proliferation, terrorism, corruption, undermining of democratic rights and government, money laundering, tax evasion or human rights violations, or other similarly egregious activities.

 

Miscellaneous
You accept that Doteki International Limited has the right to change the content or technical specifications of any aspect of the Service at any time in Doteki International Limited’s sole discretion. You further accept that such changes may result in your being unable to access the Service. The failure of Doteki International Limited to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Sections 2 through 10, 11(c), and 12 through 20 shall survive any termination of the Terms of Use.

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Headings
The section titles in the Terms of Use are used solely for the convenience of you and Doteki International Limited and have no legal or contractual significance.