General Collaboration Terms
General Collaboration Terms
Table Of Content
1 – DEFINITIONS
2 – SCOPE OF ANY COLLABORATION
3 – GENERAL STATEMENT OF RIGHTS, OBLIGATIONS AND PROHIBITONS
4 – RELATIONSHIP BETWEEN THE PARTIES
5 – COMPLIANCE WITH LAWS AND REGULATIONS
6 – TERMINATION OF A COLLABORATION
7 – CONFIDENTIAL INFORMATION
8 – INTELLECTUAL PROPERTY RIGHTS
9 – LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER
10 – FORCE MAJEURE
11 – FURTHER ASSURANCE
12 – HEADINGS
13 – SEVERABILITY
14 – GOVERNING LAW
15 – CONTACT INFORMATION
These terms are general collaboration terms that any collaboration with Zeiierman Trading is affected by.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
ZEIIERMAN, HEREBY DISCLAIMS ALL WARRANTIES WITH REGARD TO ANY SERVICES AND INFORMATION PROVIDED ON THE WEBSITE AND, IN OUR SERVICE AS PUT FORTH IN OUR SEPARATE DISCLAIMER.
NOW THEREFORE, the Parties agree as follows:
1.1 Unless otherwise defined herein, the following capitalized terms shall have the meaning ascribed to them in this Section 2. For the avoidance of doubt, terms defined in singular form shall include the plural form thereof and vice versa.
“Code” means the scripts of systematic entry of data, in both object code and source code, that creates instructions for machines to execute.
“Confidential Information” means;
(a) any and all information, including Customer Information, disclosed, furnished or communicated, if in writing, machine readable form, text, drawings, photographs, graphics, designs, plans or any other form whatsoever, by or on behalf of the disclosing Party to the receiving Party through the receiving Party’s directors, officers, employees, representatives, or agents in connection with this Agreement; and
(b) personally-identifiable information concerning Customers, prospective Customers or employees of both Parties.
Provided that Confidential Information shall not include any information that;
(c) is or becomes publicly available without breach of this Agreement;
(d) was previously in the possession of the receiving Party and which was not acquired directly or indirectly from the disclosing Party as evidenced by written records;
(e) a Party hereto lawfully receives without any obligation of confidentiality from a third party;
(f) is independently developed by the receiving Party; and
(g) is required to be disclosed by law.
“Intellectual Property” means collectively the Software, Confidential Information, and any and all other intellectual property of every sort owned, created or provided by either Party, whether or not patented or patentable, including, but not limited to, methods, processes, procedures, inventions, designs, flow charts, algorithms, software, source and object code, works of authorship, trademarks, trade names, logos, graphics, know-how, show-how and technical information.
“Corporate Identity” means in relation to each Party that Party’s trademark(s), service mark(s), trade name(s) and corporate mark(s) and logo(s).
“Customer Information” means all information that Customers provide in order to Access or use the Service, including by way of example, but not limited to, identity of the Customers and information relating to them such as personal name, address, telephone number, date of birth, username, order number and personal financial information such as credit card number.
“Customers” means any and all customers of either Party and/or its subsidiaries, including, but not limited to, prospective, prepaid and postpaid customers.
“Liabilities” means any and all damages, losses, liabilities, costs, claims, charges, expenses, actions, proceedings or demands, including legal costs.
“Platform” means the digital platform TradingView.com provided and operated by TradingView, Inc.
“Service” As used in these General Collaboration Terms, “our Service/s” or “the Service” means services or information provided by Zeiierman Trading including, but not limited to, Discord or Gitbook, related channels and our indicators/scripts/bot/ideas/strategies, the https://zeiiermantrading.com/ website, all related servers and platforms and user interfaces, as well as all content and software associated with our service.
2. SCOPE OF ANY COLLABORATION
2.1 The Parties shall collaborate in the manner, and shall perform their respective obligations, as set out below.
2.2 Each Party agrees that:
(a) in all respects, it shall not use the other Party’s Corporate Identity for the purposes of performing any collaboration;
(b) it shall not use or register or attempt to use or register as a trademark, service mark, trade name, corporate mark or logo that is likely to be confused with any of the Corporate Identity of the other Party; and
(c) it shall not authorize any third parties to use any of the other Party’s Corporate Identity.
3. GENERAL STATEMENT OF RIGHTS, OBLIGATIONS AND PROHIBITIONS
3.1 The collaborating partner have the right to:
(a) Perform activities that are agreed upon with Zeiierman Trading;
3.2 The collaborating partner are obliged to:
(a) Perform the activities that are agreed upon with Zeiierman Trading;
(e) ensure that Customers are aware that the Service is an educational tool based on historical performance and not necessarily an indicator of future results;
3.3 The collaborating partner are prohibited to:
(a) reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of the Service;
(b) transfer its right to provide and sell subscriptions for the Service; and to
(c) contradict the risk disclaimer provided by Zeiierman Trading, including, but not limited to, market, advertise or otherwise proclaim the Service to be anything more than an educational tool.
(d) Sell its own indicators/strategies to Zeiierman Trading customer base.
(e) Advertise their own indicators/strategies to Zeiierman Trading customer base.
3.4 Zeiierman Trading has the right to:
(a) access and use the Service themselves;
(b) be involved in the collaborating partners activities to ensure that everything is handled correctly and performed in accordance with the collaboration agreement.
3.5 Zeiierman Trading are obliged to:
(a) Enable the collaboration partner to perform the agreed activities;
3.6 Zeiierman Trading shall have the right to suspend, decline or terminate any Customer account from access to the Service if Zeiierman Trading suspect that the account has and/or will be used to access the Software, including, but not limited to, hack, reproduce, duplicate, copy, adapt, reverse engineer, decompile, disassemble, modify, or otherwise obtain, view, and/or manipulate in whole or in part, any of the Software and/or the Service.
4. RELATIONSHIP BETWEEN THE PARTIES
4.1 A collaboration shall NOT constitute a partnership between the Parties. Notwithstanding any provision of these terms, neither Party has the power nor the right to bind, commit or pledge the credit of the other Party.
5. COMPLIANCE WITH LAWS AND REGULATIONS
5.1 Each Party undertakes to comply with applicable laws and regulations in connection with its respective performance of a collaboration and is solely responsible for the effects of any non-compliance.
6. TERMINATION OF A COLLABORATION
6.1 Each Party shall be entitled to terminate a collaboration by giving at least ninety (5) days’ written notice thereof.
6.2 Zeiierman Trading shall be entitled to immediately terminate a collaboration by written Notice to the collaborating partner if;
(a) The collaborating partner in any way contradicts the risk disclaimer provided by Zeiierman Trading, including but not limited to, markets, advertises or otherwise proclaims the Service to be anything more than an educational tool; and if
(b) Zeiierman Trading reasonably believes that the collaborating partner has, including but not limited to, in any way planned, plotted or attempted, and/or in any other way assisted a third party to commit such infringements in Zeiierman Tradings’ exclusive right to the service or if the collaborating partner fails to comply with its obligation.
6.3 Upon the expiry or termination of the collaboration each Party shall return, destroy or purge at the request of the other Party all data, notes, reports or other material, written or otherwise, in tangible form in its possession which incorporate the Confidential Information of the other Party.
7. CONFIDENTIAL INFORMATION
7.1 Each Party agrees to keep confidential any Confidential Information supplied or discussed with it by the other Party or whenever acquired or obtained under or in connection with these terms, including, but not limited to, the contents of these terms, and shall not use or disclose such information or any part of it to any person without the prior written consent of the other Party, except to officers, employees, agents, whose duties require them to have access to the Confidential Information on a need-to-know basis and only to the extent necessary of each of them to perform such Party’s obligations under these terms.
7.2 Each Party acknowledges and agrees that the other Party’s Confidential Information shall remain vested in and the absolute property of the other Party and that the first-mentioned Party shall not have any rights in respect therein save as otherwise expressly provided in these terms.
7.3 Each Party agrees as follows:
(a) that neither Party will create any derivative work from Confidential Information disclosed to such Party by the other Party;
(b) to restrict access to the Confidential Information to such of its personnel, agents, and/or consultants, if any, who have a need to have access and who have been advised of and have agreed in writing to treat such information in accordance with the terms; and
(c) to return or destroy all Confidential Information of the other Party in its possession in tangible form upon termination or expiration of a collaboration.
7.4 Without prejudice to the generality of the foregoing, each Party shall ensure that all data and information generated or obtained in pursuance of this Agreement shall not be used for any purpose other than fulfilment of the agreed activities. Each Party agrees to keep all such data and information separate from and not combine it with that Party’s own data and information except for a purpose connected to the collaboration if the activity concerned cannot be undertaken without combination.
7.5 In the event disclosure of Confidential Information is required by any government or regulatory authority or by an order of court of competent jurisdiction, the Party required to disclose any such Confidential Information shall notify the other Party in writing as soon as possible and shall, prior to any such disclosure, allow the other Party an opportunity to intervene or where possible obtain from such third parties duly binding agreements to maintain in confidence the information to be disclosed.
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Any and all Intellectual Property, including but not limited to, the service, supplied and/or made available by Zeiierman Trading to the collaborating partner in connection with these terms shall remain the absolute property of Zeiierman Trading.
8.2 Any and all Intellectual Property supplied and/or made available by the collaborating partner to Zeiierman Trading in connection with these terms shall remain the absolute property of the collaborating partner.
8.3 A collaboration does not transfer to depositors any ownership or proprietary rights in the service or any work or any part thereof, and all right, title, and interest in and to the service will remain solely with Zeiierman Trading.
9. LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER.
9.1 Any opinions, chats, messages, news, research, analyses, prices, indicators, scripts, strategies, bots or other information provided by Zeiierman Trading are provided as general market information for educational and entertainment purposes only, and do not constitute investment advice. Neither the collaborating partner nor affiliated collaboration Parties are registered as financial advisors. The Service and/or other information should not be relied upon as a substitute for extensive independent market research before making actual trading decisions. Zeiierman Trading will not accept liability for any loss or damage, including but not limited to, any loss of profit, which may arise directly or indirectly from use of and/or reliance on such information. Zeiierman Trading do not recommend the use of technical analysis or the use of any of the Service as a sole means of trading decisions. Zeiierman Trading does not recommend making hurried trading decisions. Customers shall be aware that PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
9.2 THE SERVICE IS PROVIDED “AS IS,”,“WHERE IS,” AND “AS AVAILABLE”, THROUGH THE PLATFORM. ZEIIERMAN TRADING MAKES NO REPRESENTATIONS AND GRANTS NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT LIMITED TO: (1) THAT THE SERVICES OR CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS OR SECURE; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE PLATFORM AND/OR THE SERVICE OR THE SERVERS HOSTING THE PLATFORM AND/OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; (4) THAT THE PLATFORM AND/OR THE SERVICE AVAILABLE WILL CONTINUE TO BE AVAILABLE; OR (5) IN REGARDS TO ANY AND ALL FUNCTIONS OF THE PLATFORM AND/OR THE SIMPLESIGNALSINDICATOR ACCOUNT. ZEIIERMAN TRADING SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. ZEIIERMAN TRADING DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NO LIMITED TO, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR QUALITY. THE CUSTOMERS ACCESS TO AND USE OF THE PLATFORM AND/OR THE SERVICE IS AT THE CUSTOMERS RISK. IF THE CUSTOMER IS DISSATISFIED WITH THE SERVICES, THE CUSTOMERS SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
Zeiierman Trading will not be responsible for addressing any claims by the Customer or any third party relating to the Platform, including, but not limited to;
(a) product liability claims;
(b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and
(c) claims arising under consumer protection or similar legislation.
Zeiierman Trading will also not be responsible for investigation, defense, settlement and discharge of any third party intellectual property infringement claim.
10. FORCE MAJEURE
10.1 Neither Party shall be liable for any failure or delay in performance of its obligations under these terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, but not limited to; acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption; loss or malfunction of utility; transportation; computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
11. FURTHER ASSURANCE
11.1 Each Party undertakes with the other Party that it will do such acts and things as the other Party may reasonably require for the purpose of giving to it the full benefit of a collaboration.
12.1 In these terms, headings are for convenience only and do not affect interpretation of any provision of these terms.
13.1 If a court of competent jurisdiction holds any provision of these terms to be invalid, illegal or unenforceable, whether in whole or in part, such provision shall be deemed modified to the extent, but only to the extent, of such invalidity, illegality or unenforceability and the remaining provisions of this terms shall not be affected.
14. GOVERNING LAW
14.1 These terms shall be governed and construed in all respects in accordance with the laws of the Kingdom of Sweden.
15. CONTACT INFORMATION
Questions about the General Collaboration Terms should be sent to us at [email protected] or via our contact form on our website.