1.1.Gallumba Ltd. (the "Company", "Gallumba", "Us", "We" or any variations thereof) is not an investment, financial, tax, or legal advisor or a broker-dealer and does not purport to provide personalized investment, financial, tax, or legal advice in any form. The Company does not recommend the purchase of particular securities nor does the Company promise or guarantee any particular investment results. You understand and acknowledge that there is a very high degree of risk involved in trading securities and, in particular, in trading futures and options, and in trading penny stocks. You acknowledge and agree that you, and not the Company, are solely responsible for your own investment research and decisions. Do not trade with money that you cannot afford to lose. You understand that the Company encourages you to seek the advice of a qualified securities professional and/or tax or legal advisor, as necessary, before making any investment, and to investigate and fully understand any and all risks before investing. The Company assumes no responsibility or liability for your trading and investment results and you agree to hold the Company harmless for any such results or losses.
1.2. Past results of any individual trader or trading system published by the Company are not indicative of future returns by that trader or system, and are not indicative of future returns which may be realized by you. In addition, the methods, techniques, information, content, indicators, strategies, columns, articles and all other features of the Company Sites and Materials, or any Company product or service, (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Accordingly, you should not rely on the Information in making any investment. Rather, you should always perform additional independent research in order to allow you to form your own opinion regarding investments. You are solely responsible for your own trading decisions, and nothing in the Information is intended to be or should be interpreted as a promise or guarantee of any particular result. You should always check with your licensed financial, investment, legal, or tax advisor to determine the suitability of any investment.
3.Use of Site.
3.3.The Site and its features are provided As-Is. We cannot guarantee the suitability of the Site to your needs or the availability of any of its features.
3.4.The Site and your use thereof is subject to the Company's discretion, and the Company may change, update, suspend, remove or otherwise completely discontinue the availability of the Site.
3.5.Restriction on Use. While using the Site, you may not perform, or allow others to perform on your behalf, whether intentionally or recklessly, any of the following:
3.5.1.Browse, surf, process, scan or use the Site via operation of a computer program designed to gather information or perform operations imitating a human user (including, without limitation, Bots or Crawlers);
3.5.2.Manipulate the URL of the Site, or otherwise gain access to any internal pages to which the Company has not provided you with a direct link (including, without limitation, URL Hacking);
3.5.3.Transmit or otherwise make available any worm, virus, Trojan Horse, web-bug, spyware or any other program that is intended to damage the operation of the Site;
3.5.4.Carry out any action which may infringe the copyrights and/or any other proprietary of the Company or any other copyright holder;
3.5.5.Promote advertisements or disruptive commercial messages;
3.5.6.Copy, transmit, decompile, modify, create derivative works, reproduce, disassemble, republish, scrape, and/or reverse engineer the Site and/or any components thereof (including any Company Content or other users' content) and/or act to collect, harvest and/or data mine any data associated with the Site and/or any of its users (whether by computer programs, identity theft, impersonation, or otherwise) and/or take any action which may be deemed as impersonating another person or entity, identity theft, holding multiple Accounts (as defined below), etc.;
3.5.8.Carry out any action which may infringe any laws, regulations, orders or any guidelines of any governmental authority, is likely to offend or harm any other users of the Site and/or the general public, or could reasonably be viewed as intended to offend or harm the feeling of any specific individual or group of people, including but not limited to the transmission of any sexual, indecent, pornographic or lewd material;
3.5.9.Intimate, threaten, harass or abuse anyone in any manner;
3.5.10.Steal or attempt to steal passwords or other private information from other users of the Site;
3.5.11.Lease, sell, trade or otherwise transfer your User Account; and,
4.2.For the avoidance of doubt, User’s Account, and any privileges granted with respect to such Account, is personal and non-transferrable. User may not assign, transfer or share access to the Account.
4.4.You understand that once you link certain information in the process of creating your Account (such as your name, profile picture, etc.), such information may be publicly available for view, and further indexed under certain search engines.
4.5.DESPITE THE COMPANY MAINTAINING REASONABLE MEASURES TO SECURE AND PROTECT YOUR ACCOUNT INFORMATION REGARDING USER’S ACCESS TO THE SITE, WE CAN NOT ENSURE FULL PROTECTION FROM EXPOSURE DUE TO MALICIOUS ACTS, AND THEREFORE ARE NOT BE LIABLE TO ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCURRED BY USER DUE TO ANY SUCH EXPOSURE OF ACCOUNT CONTENTS OR INFORMATION REGARDING USER’S ACCESS.
5.1.1. Unless otherwise expressly stated herein, all rights, title and interest in and to the Site and any enhancement, development or derivative work thereof, including without limitations, its design, source code, graphics, logos, text and content elements (whether or not patentable) are, and shall be held exclusively by the Company or any licensor which licensed the specific element for the Company's use with respect to the Site, as applicable (whether or not patentable), and any trademarks, trade names, copyrights or patents thereof (the "Company Content"). The Company Content may not be subjected to any action which may be considered as any infringement of any third party right, including, without limitations, copying, transferring, selling, altering, modifying, allowing access to, or otherwise using the Company Content in an unlawful and/or restricted manner.
5.1.2. You agree that the Company will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on the Site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
5.1.3. The content of the Site provided for informational purposes only; we shall not be responsible or liable for the accuracy or availability of any information appearing or available on the Site.
5.2. Promotional Content; External Links.
5.2.2. Certain adverts or Hyper-Links displayed on the Platform (including those provided to you by other users in the course of your interaction via the Platform) may refer or direct to websites managed or owned by third parties. It is clarified that the Company does not examine these websites and does not support them or their content and cannot verify their security. You are solely responsible and are required to use full caution when browsing, purchasing products, submitting information or otherwise using these websites, and their consequences thereof.
6.1. Subscriptions are sold on the Site, and are generally paid in advance. If you purchase a subscription by authorizing the Company to charge a payment card for the fees associated with your subscription(s), you are authorizing the Company to automatically continue charging that card (or any replacement card issued by the card issuer) for all fees or charges associated with your subscription, including any renewal fees as described below. The Company may at any time change any of its pricing, or institute new charges or fees. Price changes and new charges announced during your subscription term will apply to subsequent subscription terms. During the term of your subscription, you agree to inform the Company of any payment card information changes.
6.2. Your subscriptions will be set to automatically renew upon expiration, and unless you cancel your subscription prior to its expiration, your account will automatically renew for the same term.
6.3. Terminating a subscription will result in a subscription credit on the Account for the unused portion of your paid subscription, and this credit may be applied to a new subscription in the future. This subscription credit may not be transferred or redeemed for cash, and unused credit will be forfeit in the event the site discontinues operation.
6.4. Your obligations hereunder, including your obligation to pay amounts owed to us under access to the Site, including subscriptions, shall survive expiration or termination of these Terms and your cessation of use of the Site.
6.5. It is hereby clarified that you are responsible for the payment of any taxes associated with the purchases made on the Site.
7.Investment Decisions You assume all risk associated with investment decisions made on the basis of information contained on the Site. It is our policy to never advocate the purchase or sale of any individual investment vehicle. You should also understand that the Company, its third-party providers and their respective officers, directors and employees may be active investors in the market and may or may not have open positions in any investment vehicle mentioned on this website. Prior to the execution of a trade, you are advised to consult with your broker or other financial representative to verify pricing and other information. The Company, its third-party providers, and/or content partners shall have no liability for investment decisions based upon information found on this web site.
8.1. THE COMPANY HEREBY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPLICIT OR IMPLIED, IN CONNECTION WITH THE SITE, ANY USER CONTENT AND/OR COMPANY CONTENT, AND THEIR USE THEREOF, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
9.LIMITATION OF LIABILITY.
9.1. THE COMPANY, ITS OFFICERS AND EMPLOYEES, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES AND/OR PUNITIVE DAMAGES, INCURRED BY USER AND/OR ANYONE ON USER'S BEHALF DUE TO ANY USE OF THE SITE AND/OR ANY RELATED CONTENT, EVEN IF THE COMPANY WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVE, SHOULD ABOVE EXCLUSION BE HELD BY THE COMPETENT COURTS AS UNENFORCEABLE OR VOID, THE CUMULATIVE LIABILITY TO USER FOR ANY AND ALL CLAIMS RELATING TO THE SITE AND/OR ANY RELATED CONTENT (WHETHER OR NOT PROVIDED BY THE USER) AND/OR DUE TO THE NON-AVAILABILITY THEREOF, SHALL NOT EXCEED THE LOWER OF THE TOTAL AMOUNT PAID BY USER AS CONSIDERATION FOR THE USE OF THE SITE (IF PAID) OR $100.
9.2. WITHOUT DEROGATING FROM THE GENERAL NATURE OF THE FOREGOING, WE ASSUME NO LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES, WORMS AND/OR OTHER MALICIOUS SOFTWARE WHICH MAY INFECT THE USER'S MACHINE(S) WITHIN THE SCOPE OF THE USE OF THE SITE.
11.Notice of Infringement or Abuse.
12.Governing Law and Jurisdiction.
The Company may terminate the license and other rights granted to you herein, in accordance with the provisions of these Term of Use, or by otherwise notifying you via electronic mail or any in-Site message.