Please read through these Terms carefully. By accessing any internet site, public or credentials-dependent, at the domains shungham.com or euissuetracker.com, or at subdomains thereof, collectively referred to hereinafter as "the Sites", or by otherwise accessing any content found at internet addresses belonging to Shungham Information SPRL, hereinafter "SHUNGHAM", you are deemed to have entered into an agreement with SHUNGHAM and to have agreed to be bound by the terms set out below, except and only except insofar as a specific signed contractual agreement between you and SHUNGHAM explicitly stipulates otherwise. The Sites are owned and operated by SHUNGHAM. These terms were last updated on 2 December 2016.
1. Intellectual Property Protection
The contents and design of the Sites, and any material made available to you online, e-mailed to you, faxed to you, sent to you through the post, or otherwise supplied to you in conjunction with the Sites (such contents, design and materials being collectively referred to as “the Content" or “Content”), are copyright of SHUNGHAM. Further, you may not use or reproduce, or allow anyone to use or reproduce, any trade marks or trade names appearing on the Sites, for any reason, without prior written explicit specific permission from SHUNGHAM.
2. Use of the Content
You may retrieve and display the Content on a computer screen and print individual pages on paper (but not photocopy them) for your personal, non-commercial use. You may not reproduce, modify, electronically store, or in any way commercially exploit any of the Content. In particular, but without limiting the general application of the restrictions contained in the preceding sentence, you may not do any of the following without prior written permission from SHUNGHAM:
• Reproduce or store in or transmit to any other web site, newsgroup, mailing list, electronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the Content, or
• modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the Content (including use as part of any library, archive or similar service), or
• remove the copyright or trade mark notice from any copies of the Content made under these Terms.
Any use of the Content not specifically permitted above is expressly prohibited. Requests for permission for other uses may be sent by e-mail to email@example.com, and permission, if granted, may be conditional upon payment of a fee.
3. Licence Fee, Payment, and Transactions
Access to some content found at internet addresses belonging to SHUNGHAM may be subject to a fee. You are responsible for the payment of all charges associated with the use of any content accessed by using your user ID (username and password). If your use of the Sites is terminated by SHUNGHAM, or if the Sites or any services associated with them are discontinued for any reason, you will not be entitled to receive a refund of any credits or pre-payments which remain unused at the time of termination.
4. Term and Termination
SHUNGHAM may, in its discretion, terminate or suspend your access to all or part of the Sites (including any right to access and use the Content) with or without cause by delivering notice to you. The rights of termination are in addition to all other rights or remedies of SHUNGHAM provided in these Terms or by law.
5. Changes to the Site
SHUNGHAM reserves the right, in its discretion, to suspend, change, modify, add or remove portions of the Content available on the Sites at any time and to restrict the use and accessibility of the Sites.
6. Registration, Passwords and Responsibilities
You are solely responsible for the confidentiality of your user name, sign-on password, and/or I.D. and for all use of and access to any content accessed using your user name and password. You agree to immediately notify SHUNGHAM if you become aware of any loss or theft of any sign-on password or I.D. or any unauthorised use of a sign-on password, I.D., user name, or of the Content or the Site. You will provide SHUNGHAM with accurate, complete registration information (including in particular your e-mail address) and inform SHUNGHAM of any changes to such information. For the purpose of confirming your compliance with the terms of these Terms, SHUNGHAM reserves the right to monitor and record activity on the Sites, including access to the Content.
8. Community Forums
The Sites may include bulletin boards, discussion groups and other public areas that allow feedback to SHUNGHAM and interaction between users and SHUNGHAM employees or representatives ("Forums"). While SHUNGHAM does not control the information/materials posted to Forums by users (the "Messages"), it reserves the right (which it may exercise at its sole discretion without notice) to delete, move or edit the Messages and to terminate your access to and use of the Forums.
You are solely responsible for the content of your Messages. You must comply with any rules posted by SHUNGHAM on a Forum. You may not:
• post, link to or otherwise publish any Messages containing any form of advertising or promotion for goods and services or any chain Messages or "spam";
• post, link to or otherwise publish any Messages which contain recommendations to buy or refrain from buying a particular security, or which contain confidential information of another party, or which otherwise have the purpose of affecting the price or value of any security:
• post, link to or otherwise publish any Messages that are unlawful, threatening, abusive, libellous, indecent, infringe copyright or other rights of third parties or which contain any other form of illegal content;
• post or otherwise publish any Messages that contain a virus or other harmful component;
• disguise the origin of any Messages;
• impersonate any person or entity (including SHUNGHAM employees or Forum guests or hosts) or misrepresent any affiliation with any person or entity;
• post or otherwise publish any Messages unrelated to the Forum or the Forum's topics;
• post or transmit any Messages that contain software viruses, files or code designed to interrupt, destroy or limit the functionality of the Sites or any computer software or equipment;
• collect or store other users' personal data;
• restrict or inhibit any other user from using the Forums.
By submitting Messages to any Forum you agree to indemnify and hold harmless SHUNGHAM from all claims, costs and expenses (including legal expenses) arising out of any Messages posted or published by you that are in breach of this present section 8. The Forums contain Messages submitted by users over whom SHUNGHAM has no control. SHUNGHAM cannot guarantee the accuracy, integrity or quality of any Messages. Some users may breach these terms and post Messages that are misleading, untrue or offensive. You must bear all risk associated with your use of the Forum and should not rely on Messages in making (or refraining from making) any specific investment or other decisions.
By submitting Message to a Forum you are granting SHUNGHAM perpetual royalty-free non-exclusive licence to reproduce, modify, translate, make available, distribute and sub-license the Message in whole or in part and in any form. This may include personal information such as your user name and alias and your expressions of opinion. SHUNGHAM reserves the right to contact you by e-mail with regard to your use of the Forums. You waive any moral rights that you may have in regard to the Messages you submit. It is not possible for SHUNGHAM to fully and effectively monitor Messages that are submitted for infringement of third party rights. If you believe that a message infringes your legal rights, you should notify SHUNGHAM immediately by contacting firstname.lastname@example.org.
9. No Warranty; Disclaimer of Liability and Indemnity
Whilst every effort has been made to ensure the high quality and accuracy of the Sites, SHUNGHAM makes no warranty, express or implied, concerning the Content, the Sites, or software or products or services available through the Sites (the "Site Services"), which are provided "as is". SHUNGHAM expressly disclaims all warranties, including but not limited to warranties of fitness for a particular purpose and warranties of merchantability. In no event will SHUNGHAM, its affiliates or other suppliers be liable for direct, special, incidental, or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or other pecuniary loss) arising directly or indirectly from the use of (or failure to use) or reliance on the Site Services, even if SHUNGHAM has been advised of the possibility that such damages may arise. SHUNGHAM does not guarantee the accuracy, content, or timeliness of the Site Services or that they or related systems are free from viruses or other contaminating or destructive properties. In no event will any liability of SHUNGHAM, its affiliates, agents and licensors to you (and/or any third party) arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with the Site Services, or breach of these Terms by SHUNGHAM exceed the amount, if any, paid by you to by SHUNGHAM in respect of the particular Site Service to which the claim relates.
Upon SHUNGHAM's request, you agree to defend, indemnify and hold harmless SHUNGHAM from any claims and expenses, including reasonable legal fees, related to any breach of these Terms by you or your use of any Site Services.
10. Force Majeure
SHUNGHAM, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.
Changes to these Terms: SHUNGHAM may, at its discretion, change these Terms (including those relating to your use of Sites and/or the Content). When Terms are changed, SHUNGHAM will publish those changes by including them in these Terms. If you use the Sites after SHUNGHAM has published or notified you of the changes, you are agreeing now to be bound by those changes. If you do not agree to be bound by those changes, you should not use the Sites any further after the changes are published. Access to certain Content may be subject to additional terms and conditions.
Advertising, Third Party Content and other Web Sites: Parts of the Sites may contain advertising or other third party content. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Sites complies with international and national law. SHUNGHAM is not responsible for any third party content or error, omission or inaccuracy in any advertising material. The Sites may contain links to other web sites. SHUNGHAM is not responsible for the availability of these web sites or their contents.
Assignment of Agreement: This agreement is personal to you and your rights and obligations under these Terms may not be assigned, sub-licensed or otherwise transferred. This agreement may be assigned to a third party by SHUNGHAM.
Non-Waiver: No delay or omission on the part of either party in requiring performance by the other party of its obligations will operate as a waiver of any right.
Notices: Notices to SHUNGHAM must be given in writing by letter and sent to SHUNGHAM's last known registered office.
Severability/Survival/Statute of Limitations: If any provision of these Terms is invalid or unenforceable, such will not render all the Terms unenforceable or invalid but rather the Terms will be read and construed as if the invalid or unenforceable provision(s) are not contained therein. Any cause of action of yours with respect to these Terms must be filed in a court of competent jurisdiction in Brussels, Belgium, within one year after the cause of action has arisen, or such cause will be barred, invalid, and void.
Whole Agreement: Save as expressly referred to herein, any representation, warranty, term or condition not expressly set out in these Terms shall not apply.
Headings: Headings in these Terms are for convenience only and have no legal meaning or effect.
12. Governing Law and Jurisdiction
These Terms shall be governed by, and construed in accordance with, Belgian law. The parties irrevocably agree that the courts of Brussels shall (subject to the paragraph below) have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes irrevocably submit all disputes to the jurisdiction of the Brussels courts.
For the exclusive benefit of SHUNGHAM, SHUNGHAM shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.