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Terms and Conditions for DailyFX Syndication

In order to use the DailyFX Custom Content (defined below) you must first agree to our Terms and Conditions. Please review the below Terms and Conditions:

  1. “Daily FX Custom Content” shall mean collectively, the DailyFX Entire Site Feed, DailyFX Forex Education Content, DailyFX Videos, DailyFX Commodity, Oil, and Gold Updates, DailyFX Mini Economic Calendar and the DailyFX Exchange Rates Widgets.
  2. “DailyFX” shall mean Forex Capital Markets, LLC and its affiliates and subsidiaries.
  3. DailyFX may modify any of the terms and conditions contained herein, at any time and in our sole discretion by posting a change notice or a new agreement on our website. Your continued use of the service following our positing of a change notice or new agreement on our site will constitute binding acceptance of the change.
  4. DailyFX hereby grants you a limited, non-sublicensable, non-exclusive, non-transferable, revocable license to display the DailyFX Custom Content subject to DailyFX’s acceptance of your application and your acceptance of these terms and conditions.
  5. You agree to only post the DailyFX Custom Content on the website(s) you specify in the Application Form.
  6. You agree to Use the DailyFX Custom Content as provided by DailyFX, and you may not edit or modify the text, content, format, branding or links supplied by DailyFX.
  7. You agree that all information provided to DailyFX in the Application Form will be accurate and correct.
  8. You agree that DailyFX will review your application and decide whether to grant you access to the DailyFX Custom Content. If DailyFX grants you access, DailyFX reserves the right to terminate your access and these terms and conditions in its sole and absolute discretion and without cause.
  9. If granted access to post full articles, you agree to:
    1. Post the full article as it appears on DailyFX keeping intact all links, charts and text
    2. Prominently attribute the DailyFX Custom Content to the original author(s) and to DailyFX
    3. Ensure the publication date and time of the article on your syndicating website is no earlier than the time the article was actually published on DailyFX.com
    4. Provide DailyFX appropriate attribution as the original source by one or more of the following methods:
      • An HTML link to the original URL of the article on DailyFX.com
      • A canonical link tag in the using the original URL of the article on DailyFX.com (more info on canonical tags)
      • A syndication source meta (or link) tag in the using the original URL of the article on DailyFX.com (Note: Canonical and Source Attribution cannot be used in conjunction unless they both point to the original URL on DailyFX.com)
  10. Intellectual Property Rights.
    1. DailyFX expressly retains all rights, title, interest in and copyrights to the DailyFX Custom Content in all languages, formats and media throughout the world, including all copyrights and trademarks therein and any copy made by you regardless of the form or media in or on which the original or other copies may subsequently exist. Unauthorized copying, redistribution, reproduction, retransmission, dissemination, selling, distributing, publishing, broadcasting, or circulating of the DailyFX Custom Content or failure to comply with the above restrictions is expressly prohibited and may result in the automatic termination of these terms without prejudice to all other legal rights and remedies of DailyFX. No title or proprietary rights to the DailyFX Custom Content are transferred to the Licensee other than the limited license granted hereby.
    2. You acknowledge and agree that the DailyFX Custom Content is DailyFX’s intellectual property and comprises information, formatting and templates created by, or selected, coordinated and arranged by DailyFX through the exercise of authorship, and by the application of editorial standards and judgments, involving the expenditure of considerable work, time and money.
    3. DailyFX retains all ownership and other rights in the DailyFX Custom Content, and any and all DailyFX logos and trademarks used in connection with supplying the DailyFX Custom Content.
  11. DailyFX reserves the right to discontinue providing any or all of the DailyFX Custom Content at any time, terminate these terms and conditions, and to require you to cease displaying, distributing or otherwise using any or all of the DailyFX Custom Content for any reason including, without limitation, your violation of any provision of these terms and conditions.
  12. DailyFX assumes no liability for any of your activities in connection with the DailyFX Custom Content or for your use of the DailyFX Custom Content in connection with your website.
  13. Any translation of this terms and conditions is done for local requirements or for your convenience. In the event of a dispute between the English and any non-English versions, the English version of this terms and condition shall govern, to the extent not prohibited by local law in your jurisdiction.
  14. Limited Warranties and Disclaimer
    1. Disclaimer. DAILYFX DOES NOT MAKE ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, REGARDING OR RELATING TO THE DAILYFX CUSTOM CONTENT. WITHOUT LIMITING THE FOREGOING, DAILYFX SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE DAILYFX CUSTOM CONTENT AND WITH RESPECT TO ITS USE, REPRODUCTION, DISTRIBUTION OR LICENSE. ACCORDINGLY, YOU ACCEPT THE DAILYFX CONTENT “AS IS.”
    2. IN NO EVENT SHALL DAILYFX BE LIABLE FOR ANY LOST PROFITS, OR ANY EXEMPLARY, DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR OTHER DAMAGES OR COSTS, INCLUDING ATTORNEY’S FEES, OR ANY CLAIM (INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR PRODUCTS LIABILITY AND ANY CLAIM FOR THE LOSS OF GOODWILL, DATA, COVER, USE OF MONEY, USE OF THE DAILYFX CONTENT, INTERRUPTION OR UNAVAILABILITY OF DATA) RESULTING FROM, RELATING TO OR ARISING OUT OF ANY USE OF OR INABILITY TO USE THE DAILYFX CUSTOM CONTENT, EVEN IF THE PARTY THAT WOULD OTHERWISE BE LIABLE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
  15. You agree to indemnify and hold DailyFX harmless from any loss, damage, liability or expense, including reasonable attorneys’ fees, accountants’ fees and other legal expenses, to which DailyFX, or any of its affiliates may become subject arising out of: (i) these terms and conditions; or (ii) your use of the DailyFX Custom Content or any aspect thereof not in accordance with these terms and conditions.
  16. You agree that your trademark(s) and/or the content on your website, other than the DailyFX Custom Content, do not and will not infringe any trademark, service mark, copyright, right to publicity, right of privacy or other intellectual property right of a third party, constitute false, deceptive or unfair advertising or disparagement under applicable law, or fail to comply with applicable laws and regulations.
  17. In the event of termination of these terms and conditions Sections 10 through 14 and Section 16 shall survive.
  18. These terms and conditions shall be governed by, and construed in accordance with, the laws of the State of New York. For purposes of any action or proceeding involving any matter arising out of or relating to these terms and conditions, each party hereby expressly consents and submits to the jurisdiction of all federal and state courts located in New York County, New York.
  19. If for any reason any provision of these Terms and Conditions is deemed invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions of this terms and condition shall continue in full force and effect.
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