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Terms of Use

Your affirmative act of using our website located at tradersdiaries.com (and all associated sites linked to it) or services ("Trader’s Diary") signifies that you agree to the following terms and conditions of use ("Terms of Use"). If you do not agree, do not use Trader’s Diary. Trader’s Diary is the property of AVBINVEST LTD. ("us", "we" or "our").

1. Changes to the terms of use

We may change these Terms of Use at any time. If you continue to use Trader’s Diary after we post changes to these Terms of Use, you are signifying your acceptance of the new terms. You will always have access to our Terms of Use and will be able to check it at any time. By reloading this page, you will have the most up-to-date version available to Trader’s Diary users.

2. Changes to Trader’s Diary

We may discontinue or change any service or feature on Trader’s Diary at any time without notice. We do not guarantee backward compatibility of our services and Application Programming Interface (API) in this case.

3. Ownership of information; License to use Trader’s Diary; redistribution of data

Unless otherwise noted, all rights, titles, and interests in Trader’s Diary, and all information made available through Trader’s Diary or our services, in all languages, formats, and media throughout the world, including, but not limited to, all copyrights and trademarks therein, are the exclusive property of Trader’s Diary, our affiliates or our Data Providers, as defined in section 6 (disclaimer regarding content) below.

You may not use any data mining, robots or similar data gathering and extraction tools on the Trader’s Diary content, frame any portion of Trader’s Diary or its content, sublicense, assign, transfer, sell, loan, or otherwise distribute for payment the Trader’s Diary content without our prior written consent. You may not circumvent any mechanisms included in the Trader’s Diary content for preventing the unauthorized reproduction or distribution of the Trader’s Diary content.

Except as otherwise expressly permitted by the preceding paragraph, you agree not to sell any of the services or materials in any manner or for any purposes, without the prior expressed written consent of Trader’s Diary and/or our Data Providers. In addition, you shall not, without the prior expressed written consent of Trader’s Diary and the relevant Data Providers, make copies of any of the software or documentation that may be provided, electronically or otherwise, including, but not limited to, translating, decompiling, disassembling or creating derivative works.

Except as otherwise expressly permitted by additional agreement, we do not permit commercial usage of any of our services or APIs. We make no warranty and assume no obligation or liability for third party services or software. Please see section 16 (third party software) below for further information.

4. Attribution

Trader’s Diary grants all users of Trader’s Diary.com, and all other available versions of the site, to use snapshots of Trader’s Diary charts in analysis, press releases, books, articles, blog posts and other publications. In addition, Trader’s Diary grants the use of all previously mentioned materials in education sessions, the display of Trader’s Diary charts during video broadcasts, which includes overviews, news, analytics and otherwise use or promote Trader’s Diary charts or any products from the Trader’s Diary website on the condition that Trader’s Diary attribution is clearly visible at all times when such charts and products are used.

Attribution must include a reference to Trader’s Diary, including, but not limited to, those described herein.

Use of Trader’s Diary charts during video or other promotions where Trader’s Diary attribution is not visible, must include a description of the product used therein. For instance: "Charting platform used for this analysis is provided by Trader’s Diary," or simply "Charts by Trader’s Diary." Font size should not be less than 10 PT = 13PX = 3.4MM.

You can use the "Snapshot" button in the top toolbar of the chart to instantly create a picture file of your current chart. Trader’s Diary will automatically take a snapshot with all required attributions and provide a link where you can view your chart, download it or share it. The use of any Trader’s Diary products outside the Trader’s Diary website, without a proper attribution of Trader’s Diary, is not allowed. Users who disobey this attribution rule herein may be banned permanently, and other legal actions may be taken to ensure compliance. This includes, but is not limited to, cease-and-desist warnings, court orders, injunctions, fines, damages relief, and so on.

5. Third party sites and advertisers

Trader’s Diary may include links to third party websites. Some of these sites may contain materials that are objectionable, unlawful, or inaccurate. You agree that Trader’s Diary shall not be held liable for any trading activities or other activities that occur on any website you access through links on Trader’s Diary. We provide these links as a convenience, and do not endorse the content or services offered by these other sites. Any dealings that you have with advertisers found on Trader’s Diary are between you and the advertiser and you acknowledge and agree that we are not liable for any loss or claim you may have against an advertiser.

Unauthorized soliciting on Trader’s Diary is strictly prohibited and may result in penalties, including, but not limited to, temporary or permanent bans of the account found in violation, and any appropriate and available legal action for monetary and other damages.

6. Disclaimer regarding content

Trader’s Diary cannot and does not represent or guarantee that any of the information available through our services or on tradersdiaries.com is accurate, reliable, current, complete or appropriate for your needs. Various information available through our services or on Trader’s Diary may be specially obtained by Trader’s Diary from professional businesses or organizations, such as exchanges, news providers, market data providers and other content providers, who are believed to be sources of reliable information (collectively, the "Data Providers"). Nevertheless, due to various factors — including the inherent possibility of human and mechanical error — the accuracy, completeness, timeliness, results obtained from use, and correct sequencing of information available through our services and website are not and cannot be guaranteed by Trader’s Diary.

7. Disclaimer regarding investment decisions and trading

Decisions to buy, sell, hold or trade in securities, commodities and other investments involve risk and are best made based on the advice of qualified financial professionals. Any trading in securities or other investments involves a risk of substantial losses. The practice of "Day Trading" involves particularly high risks and can cause you to lose substantial sums of money. Before undertaking any trading program, you should consult a qualified financial professional. Please consider carefully whether such trading is suitable for you in light of your financial condition and ability to bear financial risks. Under no circumstances shall we be liable for any loss or damage you or anyone else incurs as a result of any trading or investment activity that you or anyone else engages in based on any information or material you receive through Trader’s Diary or our services.

8. Registered users

Certain services, such as saving charts, publishing them or the ability to comment on published charts, are available only to registered users of the Trader’s Diary website and require you to sign in with a username and password to use them. If you register as a user (a "Subscriber") of any of the features of Trader’s Diary, during the registration process you may be prompted to click "Register Now", "Submit" or a similar button; your clicking on such button will further confirm your agreement to be legally bound by these Terms of Use.

In consideration of your use of the Trader’s Diary website, you represent that you are of legal age to form a binding contract and are not a person barred from receiving Trader’s Diary services under the laws of the Republic of Cyprus or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Trader’s Diary's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Trader’s Diary has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Trader’s Diary has the right to suspend or terminate your account and refuse any and all current or future use of the Trader’s Diary services (or any portion thereof).

You represent and warrant that you have all intellectual property rights, including all necessary patent, trademark, trade secret, copyright or other proprietary rights, in and to your content. If you use third-party materials, you represent and warrant that you have the right to distribute third-party material in the content. You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including patent, privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to submit the material.

We may remove your content without notice if we reasonably believe that you're in violation of our Terms of Use.

9. Non-Professional subscriber status

As a vendor of official real-time market data from exchanges for end users, we are required to identify the 'Non-Professional' status of any Subscriber. By ordering a subscription for market data on Trader’s Diary you confirm the following:
  1. You use market data solely for personal use, not for your business or any other entity.
  2. You are not registered or qualified with the Securities Exchange Commission (SEC) or the Commodities Futures Trading Commission (CFTC).
  3. You are not registered or qualified with any securities agency, any securities exchange, association or regulatory body in any country.
  4. You do not perform any functions that are similar to those that require an individual to register or qualify with the SEC, the CFTC, any other securities agency, any securities exchange, or association or regulatory body, or any commodities or futures contract market, or association or regulatory body.
  5. You are not engaged as an investment advisor (as that term is defined in Section 202 (a) (11) of the Investment Advisor's Act of 1940) or asset manager and you are not engaged to provide investment advice to any individual or entity.
  6. You are not subscribing to the service in your capacity as a principal, officer, partner, employee, or agent of any business or on behalf of any other individual.
  7. You use your own capital, not provided by any other individual or entity in the conduct of your trading.
  8. You do not conduct trading for the benefit of a corporation, partnership, or other entity.
  9. You have not entered into any agreement to share the profit of your trading activities or receive compensation for your trading activities.
  10. You are not receiving office space, and equipment or other benefits in exchange for your trading or work as a financial consultant to any person, firm or business entity.

10. Access and security

You accept responsibility for the confidentiality and use of any username and email address that use to register for your access to and use of our services. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Trader’s Diary of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Trader’s Diary cannot and will not be liable for any loss or damage arising from your failure to comply.

11. Payment and cancellation of service

  1. By ordering any subscription on tradersdiaries.com (including a free trial period) you confirm that you have read and accepted our Terms of Use and you authorize Trader’s Diary to automatically charge your bank card according to the billing period manually selected by you.
  2. Each user can try any paid plan for 30 days free of charge. If the trial is not canceled before its expiration date, it automatically converts to a monthly or annual paid plan depending on the user's choice. There are no refunds for monthly plans, even if the subscription is canceled on the same day as the autoconversion payment has gone through. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made. Please note that users who filed a chargeback/dispute request or a claim are not eligible for a refund. A cancelled trial and associated services will stop immediately after cancellation, except for any data packages that were purchased.
  3. The service is billed in advance on a monthly, annual, or 2-year basis. There will be no refunds or credits for partial months of service, or refunds for months unused with an open user account. If auto renewal fails for an annual plan you will automatically be switched to a monthly plan.
  4. All billing is recurring, which means you will continue to get billed until you cancel your subscription. You are solely responsible for properly canceling your Trader’s Diary subscription. An email request or support ticket asking for your subscription to be canceled is not considered cancellation. You may cancel your subscription at any time by visiting the billing section of your Profile Settings page.
  5. If you cancel the service before the end of your current paid up period, your subscription will remain active until the next due date. After the due date, if no payment is received, your subscription will be stopped.
  6. We do not offer refunds for initial payments. If you order the service for the first time, please make sure that the order is correct before the payment is made.
  7. We do not offer refunds for recurring monthly payments. If you have been billed for automatic monthly renewal of the Service, you can cancel the subscription to avoid billing for next months.
  8. We do not offer refunds for upgrades to a more expensive plan or a longer billing cycle. Remaining days are converted into an equivalent value of days on the new subscription.
  9. We offer refunds for recurring annual and 2-year payments on demand. If you have been billed for automatic annual and 2-year renewal of the service, you have 14 calendar days (after the payment was made) to contact our support team. If you don't do this, Trader’s Diary assumes that renewal of the service is expected and the payment will not be refunded.
  10. Refunds are available only after an automatic deduction for annual payments (i.e. after trial and after renewal) within 14 calendar days after the payment was made.

12. Feedback to Trader’s Diary

By submitting ideas, content, suggestions, documents, and/or proposals ("Contributions") to Trader’s Diary through our contact or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Trader’s Diary is not under any obligation of confidentiality, expressed or implied, with respect to the Contributions; (c) Trader’s Diary shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Trader’s Diary may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Trader’s Diary, without any obligation of Trader’s Diary to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Trader’s Diary under any circumstances.

13. Indemnity

You agree to indemnify and hold AVBINVEST LTD and our subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit, modify or otherwise make available through the Trader’s Diary services, your use of the Trader’s Diary services, your connection to the Trader’s Diary services, your violation of the Terms of Use, or your violation of any rights of another.

14. Termination

Upon your request, your account can be deleted from Trader’s Diary. You may delete your account at any time by visiting your Profile Settings page. If you requested your account be deleted, we will delete the personal data associated with your account, however certain personal data will be retained if it has been integrated into data that is integral to our systems and site, including data in communications you have sent via our site. This data is necessarily retained for the integrity of the data on the site and our legitimate business purposes, including auditing, security and other legitimate interests (please refer to our Privacy Policy for more information). Your published Contributions will remain on the site in our discretion. Once a Contribution has been published, it becomes part of the communal trading knowledge and should stay that way. This policy prevents users from keeping only their best ideas public, thus keeping everyone honest and maintaining public confidence in the reputation and integrity of the site.

You agree that Trader’s Diary may, without prior notice, immediately terminate, limit your access to or suspend your Trader’s Diary account, any associated email address, and access to the Trader’s Diary services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms of Use or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Trader’s Diary services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) and/or engagement by you in fraudulent or illegal activities. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Trader’s Diary's sole discretion and that Trader’s Diary shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Trader’s Diary services.

15. Emails

By creating an account with Trader’s Diary, you agree that Trader’s Diary can use your email address to send you marketing materials, service-related notices, important information messages, special offers, etc. You can unsubscribe from this by clicking on the link provided in the emails.

16. Third Party Software

Our software, website and/or services may include software components supplied by third parties which are utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties ("Third Party Software"). Trader’s Diary expressly disclaims any warranty or other assurance to you regarding Third Party Software. Please note that your use of the Third Party Software will be governed by the terms and conditions of use and privacy policies of the Third Party Software providers and not by these Terms of Use or our Privacy Policy.