FIXwiki:Terms of Use

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FIXwiki Terms of Use

This website ("Web Site" or "Site") is operated by FIX Protocol Ltd (company number 3760285) whose registered address is at Pellipar House, 9 Cloak Lane, London EC4R 2RU ("us"/"our"/ "we"/ "FPL"). These terms and conditions (as amended from time to time) ("Terms of Use") shall apply to and govern all users' ("you"/"your") access to and use of this Web Site, including the uploading and use of all contents, documents, information and other materials ("Materials") on this Web Site.

By using our Web Site you are agreeing to comply with and be bound by these Terms of Use and our Privacy Policy which form legally binding agreements. Please ensure you review these Terms of Use and our Privacy Policy carefully. If you do not agree to these Terms of Use and our Privacy Policy, you should not use this Web Site or any Materials on this Web Site and must exit this Web Site immediately. This Web Site is not intended for use by individuals under the age of 18 years old and any such use is strictly prohibited.

ACCESS TO THIS WEB SITE (OR PORTIONS THEREOF) AND THE UPLOADING AND USE OF MATERIALS ON THIS WEB SITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS STRICTLY PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.


User identification and document access control

There are four levels of user identification or affiliation on this Web Site. These levels are used for identification and document access control for users as follows:

"Guest" is a user who is not logged on to the Web Site.

"Registered user" is a user who has registered and created a user profile on the Web Site and is logged in. This person does not have to be affiliated with FPL in any way.

"FPL Member" is a registered, logged-in user who is affiliated with an FPL Member firm.

"Group Member" is an individual who is affiliated (i.e. listed as a participant) of a particular group (i.e. Committee, Working Group, Vendor entry, etc.). This person does not necessarily have to be an "FPL Member".

The Web Site's document access control is managed based upon those four levels.


Copyright

All copyright and other intellectual property rights in the FIX Protocol specification, implementation guide and repository (together "the FIX Protocol") belong to FPL and its licensors. All rights in the FIX Protocol are reserved to FPL and its licensors. No proprietary or ownership interest of any kind is granted with respect to the FIX Protocol (or any rights therein). © Copyright 2011 FIX Protocol Limited, all rights reserved.

Copyright and all other intellectual property rights in this Web Site and the Materials belong to FPL and its licensors, save that any contributions you submit to the FIXwiki ("Contributions") shall belong to you or your licensors as applicable.

Except as allowed by the Limited Licence set out below, the copying, redistribution, use or publication by you of the Materials or any part of this Web Site (excluding your Contributions) is strictly prohibited. You do not acquire ownership rights to any Materials viewed through this Web Site other than your Contributions to the FIXwiki. The posting of Materials by FPL on this Web Site does not constitute a waiver of any rights in such Materials by FPL, its affiliates or its licensors.

By submitting any Contributions to the FIXwiki you grant FPL the right to

(i) use the material in your Contributions in any way FPL may reasonably choose on a free-of-charge basis throughout the world, which may include without limitation the right to share your Contributions with third parties (for instance with other members or non-members of FIX Protocol) for any purpose; and
(ii) change, edit or remove your Contribution (or part thereof) for any reason at any time without prior notice. If copyright exists in any Contributions you submit to the FIXwiki, you confirm that EITHER you are the sole and exclusive owner of such copyright OR you have the right to submit the Contributions to the FIXwiki and grant FPL the rights set out in this paragraph in relation to such Contributions.

You confirm that the Contributions you submit to the FIXwiki are not defamatory or unlawful, do not infringe anyone else's rights in such Contributions (including intellectual property, confidentiality and privacy rights) and comply with these Terms of Use.


Limited Licence

FPL grants you permission to download the Materials solely for use within your organisation and/or for the purpose of conducting your organisation's business. Each downloaded copy must plainly display all copyright and other proprietary notices in the same form and manner as on the original and must display a statement that the Materials are used solely with permission of FPL.

No part of any Materials may be reproduced, modified, distributed, sold or leased except as provided in these Terms of Use. You are not permitted to modify, distribute, publish, transmit or create derivative works of any Materials found on this Web Site for any other purposes.

In particular, the FIX Protocol cannot be downloaded and adapted with a view to creating a new right, title, licence or interest in the adapted version of the FIX Protocol.


Reproduction of the FIX Protocol

FPL grants you a personal non-transferable right to print in hard copy form (or to copy any such printed copy) the FIX Protocol specification in its entirety provided that:

  • the duplicated pages retain the "Copyright FIX Protocol Limited" statement together with all other proprietary logos and legends of FPL and its licensors as appear on the FIX Protocol specification from time to time;
  • the FIX Protocol specification may not be copied, printed or reproduced other than for use within your organisation and/or for the purpose of conducting your organisation's business and may not be sold or distributed to any other person except with the prior written permission of FPL and subject to any terms FPL may impose on such sale/distribution.

Portions of the FIX Protocol specification not exceeding 75% of the number of words contained in the original documentation may be extracted or cited in other documents (such as a document which describes an implementation of the FIX Protocol specification) provided that you reference the origin of the FIX Protocol specification (www.fixprotocol.org) and that the FIX Protocol itself is referenced as "Copyright FIX Protocol Limited".

Note that FPL claims no intellectual property rights over any implementation (programming code) of an application which implements the behaviour and details from the FIX Protocol specification.


Trademarks and Servicemarks

"F.I.X. Protocol", "FIXimate", "FIXML", "F.I.X.", "INDUSTRY DRIVEN MESSAGING STANDARD", "FAST PROTOCOL", "FIX ADAPTED FOR STREAMING", "FIXATDL" and "FIXwiki" are trademarks or servicemarks of FIX Protocol Limited. The marks "F.I.X. Protocol" "FIXML" and "F.I.X." are registered trademarks in the European Community and Canada.

All other trademarks used on this Web Site are the registered trademarks or trademarks of their respective owners.


No obligation to monitor content

Neither FPL nor any of its affiliates, suppliers, or agents has any obligation to monitor transmissions or postings made on this Web Site. However, FPL and its affiliates, suppliers, and agents reserve the right to monitor these transmissions and postings from time to time for breaches of these Terms of Use and for any other purposes required by applicable law. By continuing to use this Web Site, you hereby consent to FPL monitoring your transmissions and postings for this purpose.


Inappropriate Content and Transmissions

FPL and its affiliates may disclose, block, or remove any information that it, in its sole discretion, deems to be in breach of these Terms of Use or applicable law (regardless of whether such material or its dissemination is actually unlawful).


Prohibited Activities

The information below describes those activities which are prohibited by these Terms of Use when using or accessing this Web Site and when posting Materials on the FIXwiki. Prohibited activities include, but are not limited to, using this Web Site, or authorising or enabling any other person to use this Web Site, to do any of the following:

(i) for any unlawful or illegal purpose or any purpose which may be illegal under the law of any applicable jurisdiction. This includes, but is not limited to, uploading, publishing, or posting, information, data or material which is libellous, obscene, unlawful, threatening, defamatory, or which infringes or is likely to infringe the intellectual property rights of any person, or which infringes the confidential information of any person, or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable national, local, state, federal or international law, order or regulation;
(ii) to post, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
(iii) to access any other person's computer or computer system, software, or data without their knowledge and consent; breach the security of another user; or attempt to circumvent the user authentication or security of any host, network, or account;
(iv) to impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, or perform any other similar fraudulent activity;
(v) to use or distribute tools designed or used for compromising security or to knowingly transmit any data or send or upload any material that adversely affects the operation of any computer software or hardware, including but not limited to password guessing programs, keystroke loggers, spyware, adware, decoders, password gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, Trojan Horse programs, viruses, worms, time-bombs or any other harmful programs or similar computer code;
(vi) to generate levels of traffic sufficient to impede others' ability to post or retrieve information, or to transmit unsolicited bulk or commercial messages otherwise known as "spam." This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, posting of commercial advertising, informational announcements, multiple copies of the same or substantially similar messages, empty messages, or messages which contain no substantive content, or upload very large messages or files to a recipient that disrupts a server, account, discussion forum, or chat service;
(vii) to distribute programs that remove locks or time-outs built into software (cracks);
(viii) to tag content on this Web Site, participate in the collection of e-mail addresses, screen names, or other identifiers of others (without their prior consent), a practice sometimes known as spidering, web crawling, or harvesting, or participate in the use of software (including "spyware") designed to facilitate this activity or to otherwise collect, or attempt to collect, personal information about third parties without their consent;
(ix) to alter, modify, or tamper or attempt to do any of the aforesaid in relation to FPL's servers or other equipment on which this Web Site is hosted or operated or to interfere with computer networking or telecommunications service to any user, host or network, including, without limitation, denial of service attacks, flooding of a network, overloading a service, improper seizing and abuse of operator privileges and attempts to "crash" a host; and
(x) to engage in any acts or behaviour which may reasonably be construed as unprofessional or contrary to the rules of any relevant supervisory or regulatory authority.


Right to investigate breaches of these Terms of Use

FPL reserves the right to investigate suspected breaches of these Terms of Use, which may require gathering information from the user or users involved and the complaining party, if any, and examination of material on FPL's servers and network. During an investigation, FPL may suspend the user or FPL Member involved and/or remove or block any material that FPL believes may potentially violate these Terms of Use. You agree to co-operate with FPL and provide such assistance and information as FPL reasonably requires in conducting its investigations. You expressly authorise FPL, its affiliates and its suppliers to cooperate with (i) law enforcement authorities in the investigation of suspected legal breaches, (ii) rights owners who allege their rights are or have been or may be infringed, and (iii) system administrators at other Internet service providers or other network or computing facilities in order to enforce these Terms of Use. This cooperation may include FPL providing personally identifiable information about you to such persons (including, but not limited to, username, email address and other relevant personal information) and you hereby consent to FPL sharing your information with such persons for these purposes.


Consequences of breach

FPL may determine, in its sole discretion, whether there has been a breach of these Terms of Use and/or applicable law through your use of this Web Site and FPL may take such action as it deems appropriate, including but not limited to all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use this Web Site (or part thereof).
  • Immediate, temporary or permanent blocking and/or removal of any posting or material uploaded by you to this Web Site.
  • Where you are an FPL Member, suspension of termination of your membership.
  • Issue of a warning to you.
  • Legal action against you for breach of these Terms of Use.
  • Legal proceedings against you for reimbursement of all costs incurred by FPL (and its affiliates, suppliers and agents) on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from your breach of these Terms of Use or applicable law.
  • Disclosure of such information to law enforcement authorities and/or regulatory authorities as FPL reasonably feels is necessary or is otherwise required to disclose by a court of competent jurisdiction or applicable regulatory authority.

To the extent permitted by applicable law, FPL excludes liability for its actions taken in response to breaches by you of these Terms of Use or applicable law. The actions described above are not limited, and FPL may take any other actions it reasonably deems appropriate in the circumstances.

You agree to indemnify, defend and hold harmless FPL and its affiliates, suppliers, and agents against all claims and expenses (including reasonable attorney fees) resulting from your breach of these Terms of Use and/or any other applicable FPL policies posted on this Web Site from time to time and/or applicable law. For avoidance of doubt, if you are an FPL Member, your indemnification will survive any termination of your membership.


FIXwiki discussion pages

Messages posted to the discussion pages of FIXwiki must comply with these Terms of Use as well as any additional terms of use applicable to those discussion pages as notified to you from time to time. Advertisements, solicitations, or other promotional messages should not be posted on any discussion pages unless the terms of use of that particular discussion page expressly permits the posting of such messages. All Contributions you make to FIXwiki must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable laws in the UK and the US (where this website is hosted) and in any country from which the contributions are posted.
  • Comply with these Terms of Use and must not be a prohibited activity listed above.


Forward-looking Statements

The Materials may contain projections or other forward-looking statements regarding future events or the future financial performance of FPL. We wish to caution you that these statements are only predictions and those actual events or results may differ materially. Any forward-looking statements contained in this Web Site speak only as of the date of the related document, and FPL does not undertake to update any forward looking statement to reflect events or circumstances after such date.

In many cases, you can identify forward-looking statements by terminology such as "may," "will," "should," "expects," "plans," "anticipates," "believes," "estimates," "predicts," "potential," or "continue," or the negative of such terms and other comparable terminology.


Confidential Information

Those areas of this Web Site which you access by using a password or other security device may contain information marked confidential or represented within a "non-public" section. This material is proprietary and confidential information on FPL, its affiliates and its suppliers, including documents, manuals, software, program listings, data file printouts, specifications and other technical and marketing information (“Confidential Information”). By accessing this Confidential Information, you agree to keep this information confidential and to use the information solely for the purpose of maintaining and supporting the FIX Protocol. You also agree to be careful with this Confidential Information and to only disclose it within your company to employees with a "need to know" who are instructed and agree not to disclose the information and not to use the information for any purpose not permitted by these Terms of Use. You will not alter, decompile, disassemble, reverse engineer, or modify any Confidential Information that you receive.

FPL discourages you from sending us or posting in discussion forums any information that you consider confidential or proprietary through this Web Site. Please note that if you do send us any such information or material, FPL will assume it is not confidential. By sending information or material to this Web Site, you grant FPL and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that FPL and its affiliates are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. Your password is confidential and must not be disclosed to any other person.


Changes to these Terms of Use

FPL may revise these Terms of Use at any time without specific notice to you. You are expected to check this page from time to time to take notice of any changes made, as they are legally binding on you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the site. Your continued use of this Web Site constitutes acceptance of the revised terms.


Links

FPL has not reviewed all of the sites linked from this Web Site and neither it nor any of its affiliates are responsible for the contents of any off-site pages or any other sites linked to this Web Site. The mention of such sites or inclusion of any link to such sites constitutes neither an endorsement nor a recommendation by FPL. Your linking to any other off-site pages or other sites is at your own risk and FPL shall not be responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through such links, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such third party websites.

Any link to this Web Site from a third party website without FPL's written permission is prohibited.


Availability of this Web Site

While we will make reasonable efforts to provide this Web Site, we will not be liable for any failure to do so, in part or full, for any cause that is beyond our reasonable control. This includes, in particular, any suspension of this Web Site resulting from maintenance and upgrades to our systems or those of any party used to operate this Web Site or due to internet connectivity issues.


LIMITATION OF LIABILITY

ACCESS TO AND USE OF THIS WEB SITE IS AT YOUR OWN RISK AND WE DO NOT WARRANT THAT THE USE OF THIS WEB SITE OR ANY MATERIAL DOWNLOADED FROM IT WILL NOT CAUSE DAMAGE TO ANY PROPERTY, OR OTHERWISE MINIMISE OR ELIMINATE THE INHERENT RISKS OF THE INTERNET INCLUDING BUT NOT LIMITED TO LOSS OF DATA, COMPUTER VIRUS INFECTION, SPYWARE, MALICIOUS SOFTWARE, TROJANS AND WORMS. WE ACCEPT NO LIABILITY IN RESPECT OF LOSSES OR DAMAGES ARISING OUT OF CHANGES MADE TO THE CONTENT OF THIS WEB SITE BY UNAUTHORISED THIRD PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY.

THIS WEBSITE AND THE MATERIALS CONTAINED HEREIN (INCLUDING BUT NOT LIMITED TO THE FIX PROTOCOL) ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FPL, ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATION AND GIVE NO WARRANTY, EXPRESS OR IMPLIED, IN RELATION TO THIS WEBSITE OR THE MATERIALS HEREIN (OR THE RESULTS TO BE OBTAINED BY THE USE THEREOF). EACH SUCH PERSON AND ENTITY SPECIFICALLY DISCLAIMS ALL WARRANTIES INCLUDING WITHOUT LIMITATION:

(A) WARRANTIES OF ORIGINALITY, ACCURACY, COMPLETENESS, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS;

(B) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE OPERATION OF THE WEBSITE OR ANY PART OF IT;

(C) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE WEBSITE OR ITS AVAILABILITY AT ANY PARTICULAR TIME OR LOCATION;

(D) WARRANTIES RELATING TO THE USE, VALIDITY, ACCURACY, CURRENCY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, THIS WEBSITE AND THE MATERIALS; AND

(E) WARRANTIES RELATING TO WEBSITES TO WHICH THIS WEBSITE IS LINKED.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FPL, ITS AFFILIATES, SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING IN ANY MANNER OUT OF OR IN CONNECTION WITH ANY USER'S USE OF (OR ANY INABILITY TO USE) THE WEBSITE OR THE MATERIALS (INCLUDING BUT NOT LIMITED TO THE FIX PROTOCOL), WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, LOSS OF USE, CLAIMS OF THIRD PARTIES OR LOST PROFITS OR REVENUES OR OTHER ECONOMIC LOSS), WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT OR OTHERWISE, WHETHER OR NOT ANY SUCH PERSON OR ENTITY HAS BEEN ADVISED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED THE POSSIBILITY OF, SUCH DAMAGES.

WHERE FPL, ITS AFFILIATES, SUPPLIERS AND LICENSORS ARE UNABLE TO EXCLUDE ITS LIABILITY UNDER APPLICABLE LAW, SUCH PARTY’S LIABILITY IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR ANY MATERIALS PUBLISHED ON THIS WEBSITE SHALL NOT EXCEED £100 POUNDS STERLING. NOTHING IN THESE TERMS OF USE SEEK TO EXCLUDE OR LIMIT LIABILITY FOR FRAUDULENT MISREPRESENTATION.

YOU AGREE TO INDEMNIFY, RELEASE AND HOLD FPL, ITS AFFILIATES, SUPPLIERS AND LICENSORS HARMLESS (INCLUDING THEIR OFFICERS, DIRECTORS, AGENTS, REPRESENTATIVES AND EMPLOYEES) FROM ANY CLAIM, LIABILITY, LOSS, EXPENSE OR DEMAND, INCLUDING LEGAL FEES, RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR YOUR ACCESS OR USE OF THIS WEBSITE OR ANY MATERIALS MADE AVAILABLE THROUGH THIS WEBSITE.


No Waiver and severability

If FPL, its affiliates or its suppliers fail, at any time for whatever reason, to insist upon strict performance of any of your obligations under these Terms of Use, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms of Use, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any court or competent authority finds that any provision of these Terms of Use (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms of Use shall not be affected.


Transfer of rights and obligations

These Terms of Use are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of any of your rights or obligations under these Terms of Use, without our prior written consent.

The Contracts (Rights of Third Parties) Act 1999, or other equivalent provisions, shall not apply to these Terms of Use between us and you, so that no contractual rights are conferred on third parties. There are no intended third-party beneficiaries under these Terms of Use between us and you.


Law and jurisdiction

This Web Site is not directed at any person in any jurisdiction where for any reason the publication or availability of this Web Site is prohibited. Those in respect of whom such prohibitions apply must not access this Web Site.

FPL and its affiliates do not represent that any of the Materials on this Web Site are appropriate for use or permitted by local laws in all jurisdictions. Those who access this Web Site do so by their own initiative and are responsible for compliance with applicable laws and regulations; legal advice should be sought in cases of doubt.

These Terms of Use are governed by and shall be construed in accordance with the laws of England and Wales.


Questions or suggestions

If you have any questions or concerns about these Terms of Use of our Web Site, please e-mail us at fpl@fixprotocol.org