User Agreement for MetalsMarket.Net

1. Your access to the Service is conditioned upon acceptance of this Agreement. Clicking “Accept” means that You agree to the terms and conditions set forth herein, and that You are an authorized representative with the power and authority to enter into this Agreement. Clicking “Decline” means that You do not agree to these terms and conditions, at which time You will not be allowed to continue with the online order request or access the Service.
    
2. Upon the making of the User Agreement Foreks Bilgi Iletisim Hizmetleri AS (referenced as Foreks from this part on) grants the User the right to enlist for his own business purposes the subscribed service(s) of Foreks. The nature and the scope of such services are laid down in seperate descriptions and the form and the content thereof may be adapted or altered by Foreks without prior notice.
    
I AGREE I DISAGREE
3. Foreks is the proprietor of the necessary rights for the delivery of the information and services offered by Foreks. Should for any reason whatsoever any of said rights cease to exist, Foreks shall be entitled to terminate this User Agreement in whole or in part without any financial obligations.
    
4. In connection with the usage of services or information supplied by third parties, for example exchanges and contributors, the following clause will be applicable: The data and services supplied by Foreks are provided exclusively to be used for the legitimate business purposes of the subscriber. Data or data carriers delivered by Foreks may not be reproduced and passed on to third parties, nor may their content be conveyed outside to individuals and companies, organizations and other legal entities. The direct or indirect provision of portions of said data to firms which compete with Foreks is also forbidden. If information delivered by Foreks is processed by a third party at the subscriber’s request, the subscriber must take care that the data are utilized solely as authorized under the terms of this User Agreement. The application of Foreks supplied services, data and data streams other than as specified in the User Agreement and in the descriptions of said services requires the prior, written consent of Foreks.
    
5. Foreks hereby grants to Customer a limited, non-exclusive, non-transferable license to use the Service during the term of this Agreement, as well as any software or data furnished to Customer as part of the Service, solely for Customer’s internal business purposes and in accordance with the user limits outlined within the Agreement or restricted by Login. Unless otherwise permitted by Foreks, Customer will allow only one user [no concurrent users] to access the Service at any time. Unless expressly permitted under this Agreement, Customer shall not: (a) reproduce, modify, reverse engineer, disassemble, decompile, create derivative works based on or otherwise attempt to derive source code from the Service or any part thereof and shall not cause or permit any third party to do so; (b) delete any copyright notices and/or other legends of ownership from the Service; (c) publish or distribute the Service for sale or commercial use, or allow the Service to be used directly by third parties; or (d) disclose to any third party any part of or any information relating to the Service. Customer shall grant Foreks reasonable access to the software or equipment on which the Service is installed as Foreks determines reasonably necessary to provide any Services or to audit Customer’s compliance with the terms and conditions of this Agreement. Foreks at its sole discretion may reasonably make changes to the Service for scheduled routine maintenance, enhancements, or other reasons as may be determined by Foreks. The Service shall at all times be the sole and exclusive property of Foreks. Customer shall acquire no rights, title, or interest of any kind in the Service except for the right to use the Service as permitted hereunder.
    
6. The rental fee for the service(s) shall be calculated according to Foreks’ current rates at the time of use. The rates may only be changed Foreks upon prior notice of no less than 2 months. In the event that the rates for a certain service be increased, the User shall be entitled upon one month’s prior notice to terminate this service upon the effective date of such change. If the User shall not so terminate the User Agreement, the change shall automatically be deemed approved and accepted. An account shall be rendered quarterly in advance or by agreement and the term of payment shall be 30 days without any deduction after the date of invoice.
    
7. Foreks shall provide proper measures to ensure that access to the service(s) is not possible except with the Username and Password assigned to the User. The user shall have the possibility of further safeguarding access by means of passwords which are in his control. Foreks undertakes to observe strict secrecy in respect of all User’s data wich comes to the attention of Foreks and to do so to no lesser extent than Foreks protects its own confidential information. Any bank-account information, identified as being particularly confidential, shall moreover only be stored exclusively in protected form on the data processing systems of Foreks.
    
8. Foreks shall not be liable for any damages arising out of the failure to render or deficient delivery of information and services irrespective of whether such poor performance is of a technical nature or attributable to defects in operation to suppliers of Foreks. In case the Foreks data processing systems can not be used properly, Foreks shall in the event of its own negligence or fault reimburse pro data the amount of the rental fee charged to the User for the service concerned, provided that the claim be enforced in writing within 3 days after the occurence of such damage. There shall be no further liability out of any legal entitlement whatsoever.
    
9. The User Agreement shall be effective save as provided in Clauses 2 and 3 until the end of the first full calendar year following the execution of the User Agreement. Thereafter it may be terminated at the end of any calendar year by 3 month’s prior notice. Notice to terminate shall be given in writing and served by registered mail. These terms also apply to partial cancellations. Unless Foreks is notified by the User by any means of communication (in written and signed or electronic) about cancellation of the Agreement, Foreks has the right to renew the subscription with the same conditions. User hereby acknowledges and accepts that credit card details of the User may be saved to renew the subcriptions under the period of one calendar year.
    
10. This User Agreement is governed by Turkish Law. The place of jurisdiction is Istanbul.
     
11. Any annexes to ths User Agreement or additional arrangements shall not be valid unless made out in writing and signed by both parties with an expicit reference to this User Agreement.
     
12. Any additional terms and conditions may be laid down in an annex to this User Agreement or worded as set forth hereinafter: