1. USE OF THE TCFTC.COM WEB SITE
2. USE OF THE SOURCE CODE
3. LIMITATION ON TCFTC.COM WARRANTIES AND LIABILITY
4. LINKS TO OTHER WEB SITES FROM THE TCFTC.COM WEB SITE.
5. TIMELINESS OF CONTENT
6. THE USER’S CONTENT
7. DEALINGS WITH PROMOTIONS, DEALS AND ADVERTISERS
8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
9. ADDITIONAL LEGAL TERMS

These Terms of Use were updated on January 20, 2008

By accessing and using this Web Site, [www.Tcftc.com], (the "Web Site"), you are agreeing to be legally bound by these Terms of Use. By using the Web Site, you agree to abide by the following Terms of Use. If any of these terms are unacceptable to you, you may not access the Web Site until agreement has been reached between you and Tcftc.com as to the applicable terms of use. The terms "you" and "User" refer to anyone who accesses the Web Site.
As you browse through this Web Site, you may access other web sites that are subject to different terms of use. When you use those sites, you will be legally bound by the specific terms of use posted on such sites. If there is a conflict between these Terms of Use and the other terms of use, the other terms of use will govern with respect to use of such pages.
Tcftc.com may change these Terms of Use at any time without notice. Changes will be posted under "Terms of Use" link. Your use of the Web Site after any changes have been posted will constitute your agreement to the modified Terms of Use and all of the changes. Therefore, you should read these Terms of Use from time to time for changes.

Definitions.
"License" shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 9 of this document.
"Licensor" shall mean the copyright owner or entity authorized by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control" means (i) the power, direct or indirect, to cause the direction or management of such entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "Your") shall mean an individual or Legal Entity exercising permissions granted by this License.
"Source Code" shall mean software source or Object code, and configuration files which are original work of the authors and not any other included materials, including, but not limited to, third-party tools or libraries, text, data, images, graphics, graphs, charts, animations and video media.
"Object" form shall mean any form resulting from mechanical transformation or translation of a Source form, including but not limited to compiled object code, generated documentation, and conversions to other media types.
"Work" shall mean the work of authorship, whether in Source or Object form, made available under the License, as indicated by a copyright notice that is included in or attached to the work (an example is provided in the Appendix below).
"Derivative Works" shall mean any work, whether in Source or Object form, that is based on (or derived from) the Work and for which the editorial revisions, annotations, elaborations, or other modifications represent, as a whole, an original work of authorship. For the purposes of this License, Derivative Works shall not include works that remain separable from, or merely link (or bind by name) to the interfaces of, the Work and Derivative Works thereof.
"Contribution" shall mean any work of authorship, including the original version of the Work and any modifications or additions to that Work or Derivative Works thereof, that is intentionally submitted to Licensor for inclusion in the Work by the copyright owner or by an individual or Legal Entity authorized to submit on behalf of the copyright owner. For the purposes of this definition, "submitted" means any form of electronic, verbal, or written communication sent to the Licensor or its representatives, including but not limited to communication on electronic mailing lists, source code control systems, and issue tracking systems that are managed by, or on behalf of, the Licensor for the purpose of discussing and improving the Work, but excluding communication that is conspicuously marked or otherwise designated in writing by the copyright owner as "Not a Contribution."
"Contributor" shall mean Licensor and any individual or Legal Entity on behalf of whom a Contribution has been received by Licensor and subsequently incorporated within the Work.

1. USE OF THE TCFTC.COM WEB SITE

Tcftc.com hereby grants you a non-exclusive, non-transferable, limited license to access and use the Web Site under the terms set forth below. Tcftc.com does not charge any monetary fees for your use of the Web Site.
The Web Site and the content, including, but not limited to, text, data, images, graphics, graphs, charts, animations and video (the "Content"), displayed on the Web Site, may be used only in accordance with these Terms of Use. You are permitted to use the Web Site and the Content only for your personal use and for your internal business purposes, but you are not permitted to use it for other commercial purposes. Except as otherwise permitted under these Terms of Use, you agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Web Site or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Tcftc.com
The Content is the property of Tcftc.com or its licensors, partners and affiliates, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Web Site and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the "Marks") displayed on the Web Site may be registered or unregistered marks of Tcftc.com or others. Nothing contained on this Web Site should be construed as granting any license or right to use any of the Marks displayed on the Web Site without the express written permission of Tcftc.com or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited.
You may, on an occasional and irregular basis, reproduce, distribute, display or transmit an insubstantial portion of Content for a non-commercial purpose and without charge to a limited number of individuals, provided you include all copyright and other proprietary rights notices with such portion of the Content in the same form in which the notices appear on the Web Site, the original source attribution, and the phrase "Used with permission from Tcftc.com" However, you may not post any Content from the Web Site to forums, newsgroups, list serves, mailing lists, electronic bulletin boards, or other web sites, without the prior written consent of Tcftc.com. To request consent for uses such as linking to any Content or posting any Content on your web site, you may contact Tcftc.com
You may not use the Web Site for any unlawful purpose. You shall honor all reasonable requests by Tcftc.com to protect Tcftc.com proprietary interests in the Tcftc.com Web Site.
You expressly agree not to:

  • violate the security of the Web Site or attempt to gain unauthorized access to the Web Site, data, materials, information, computer systems or networks connected to any Tcftc.com server, through hacking, password mining or any other means;
  • interfere or attempt to interfere with the proper working of the Web Site or any activities conducted on or through the Web Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Web Site; or
  • take or attempt any action that, in the sole discretion of Tcftc.com, imposes or may impose an unreasonable or disproportionately large load or burden on the Web Site or Tcftc.com infrastructure.

2. USE OF THE SOURCE CODE

This section applies only to the Source Code obtained from or provided with the publications. The license applies only to original work of the authors and not to any other included materials, including, but not limited to, third-party tools or libraries, text, data, images, graphics, graphs, charts, animations and video media. The other included materials are govern by the respective terms of use.
a. Grant of Copyright License. Subject to the terms and conditions, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable copyright license to use, prepare Derivative Works of, publicly display, publicly perform, sublicense, and distribute the Work and such Derivative Works in Source or Object form. Provided you include the reference to the author.

Here is the example of a reference to the authors work
Copyright,< INSERT YEAR OF PUBLICATION HERE >,< INSERT AUTHOR NAME HERE >  
Original materials source: < INSERT ARTICLE URL >
TCFTC.com All rights reserved.

b. Grant of Patent License. Subject to the terms and conditions of this License, each Contributor hereby grants to You a perpetual, worldwide, non-exclusive, no-charge, royalty-free, irrevocable (except as stated in this section) patent license to make, have made, use, offer to sell, sell, import, and otherwise transfer the Work, where such license applies only to those patent claims licensable by such Contributor that are necessarily infringed by their Contribution(s) alone or by combination of their Contribution(s) with the Work to which such Contribution(s) was submitted. If You institute patent litigation against any entity (including a cross-claim or counterclaim in a lawsuit) alleging that the Work or a Contribution incorporated within the Work constitutes direct or contributory patent infringement, then any patent licenses granted to You under this License for that Work shall terminate as of the date such litigation is filed.
c. Redistribution. You may reproduce and distribute copies of the Work or Derivative Works thereof in any medium, with modifications, and in Source or Object form
You may add Your own copyright statement to Your modifications and may provide additional or different license terms and conditions for use, reproduction, or distribution of Your modifications, or for any such Derivative Works as a whole, provided Your use, reproduction, and distribution of the Work otherwise complies with the conditions stated in this License.
d. Submission of Contributions. Unless You explicitly state otherwise, any Contribution intentionally submitted for inclusion in the Work by You to the Licensor shall be under the terms and conditions of this License, without any additional terms or conditions. Notwithstanding the above, nothing herein shall supersede or modify the terms of any separate license agreement you may have executed with Licensor regarding such Contributions.
e. Trademarks. This License does not grant permission to use the trade names, trademarks, service marks, or product names of the Licensor, except as required for reasonable and customary use in describing the origin of the Work and reproducing the content of the NOTICE file.
f. Disclaimer of Warranty. Unless required by applicable law or agreed to in writing, Licensor provides the Work (and each Contributor provides its Contributions) on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Work and assume any risks associated with Your exercise of permissions under this License.
g. Limitation of Source Code Liability. In no event and under no legal theory, whether in tort (including negligence), contract, or otherwise, unless required by applicable law (such as deliberate and grossly negligent acts) or agreed to in writing, shall any Contributor be liable to You for damages, including any direct, indirect, special, incidental, or consequential damages of any character arising as a result of this License or out of the use or inability to use the Work (including but not limited to damages for loss of goodwill, work stoppage, computer failure or malfunction, or any and all other commercial damages or losses), even if such Contributor has been advised of the possibility of such damages.
h. Accepting Warranty or Additional Liability. While redistributing the Work or Derivative Works thereof, You may choose to offer, and charge a fee for, acceptance of support, warranty, indemnity, or other liability obligations and/or rights consistent with this License. However, in accepting such obligations, You may act only on Your own behalf and on Your sole responsibility, not on behalf of any other Contributor, and only if You agree to indemnify, defend, and hold each Contributor harmless for any liability incurred by, or claims asserted against, such Contributor by reason of your accepting any such warranty or additional liability.

 

3. LIMITATION ON TCFTC.COM WARRANTIES AND LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Web Site. If you are dissatisfied with the Content or the Web Site or with these Terms of Use, your sole and exclusive remedy is to stop using the Content and the Web Site. Tcftc.com will not pay you any damages in connection with your browsing or use of the Web Site.

You expressly understand and agree that Tcftc.com shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Tcftc.com has been advised of the possibility of such damages), resulting from: (i) the use of source code and other attached materials; (ii) the use or the inability to use the web site; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

Due to the number of sources from which the Content is obtained, and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such Content and the Web Site. THE CONTENT AND THE WEB SITE ARE PROVIDED "AS IS" and "AS AVAILABLE" basis, WITHOUT ANY WARRANTIES. TCFTC.COM DOES NOT MAKE ANY GUARANTEES OR WARRANTIES AS TO THE ACCURACY OR COMPLETENESS OF OR RESULTS TO BE OBTAINED FROM, ACCESSING AND USING THE WEB SITE, THE WEB SITE’S OWN CONTENT, THE OTHER CONTENT (DEFINED BELOW), NOR ANY MATERIAL THAT CAN BE ACCESSED (VIA A DIRECT OR INDIRECT HYPERLINK OR OTHERWISE) THROUGH THE WEB SITE. TCFTC.COM HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND OF NONINFRINGEMENT. TCFTC.COM  SHALL NOT BE LIABLE TO THE USER OR ANYONE ELSE FOR ANY INACCURACY, DELAY, INTERRUPTION IN SERVICE, ERROR OR OMISSION, REGARDLESS OF CAUSE, OR FOR ANY DAMAGES RESULTING THEREFROM. IN NO EVENT WILL TCFTC.COM NOR ANY OF THE THIRD PARTY LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST TIME, LOST MONEY, LOST PROFITS OR GOOD WILL, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEN OR UNFORESEEN WITH RESPECT TO ANY USE OF THE WEB SITE. NEITHER TCFTC.COM NOR ANY OF ITS AFFILIATES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM USE OF THE WEB SITE, IN WHOLE OR PART, WHETHER CAUSED BY NEGLIGENCE, CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE WEB SITE AND ANY CONTENT AT THE WEB SITE OR OTHERWISE. IN NO EVENT WILL TCFTC.COM, ITS AFFILIATES, AGENTS, PARTNETS, AFFILIATES OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT OR THE WEB SITE.

 

4. LINKS TO OTHER WEB SITES FROM THE TCFTC.COM WEB SITE. 

You may, through hypertext or other computer links from the Web Site, gain access to web sites operated by persons other than Tcftc.com or its affiliates. Such hyperlinks are provided for your reference and convenience only, and are the exclusive responsibility of such web sites’ owners. You agree that Tcftc.com is not responsible for the content or operation of such web sites, and that Tcftc.com shall have no liability to you or any other person or entity for the use of third party web sites. Except as described below, a hyperlink from this Web Site to another web site does not imply or mean that Tcftc.com endorses the content on that web site or the operator or operations of that web site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you link from the Tcftc.com Web Site. Tcftc.com assumes no responsibility for the use of third party software on the Web Site and shall have no liability whatsoever to any person or entity for the accuracy or completeness of any outcome generated by such software. If you access a third-party web site or any of its affiliates or subsidiaries, you are subject to the Terms of Use posted on that web site.

5. TIMELINESS OF CONTENT

The Content displayed on the Web Site, including, but not limited to, articles, remarks, news, and other opinions, are current as of the date appearing on the web site and are subject to change without notice. Unless indicated otherwise, articles are updated periodically by Tcftc.com. Tcftc.com does not guarantee or warrant the accuracy, timeliness, or completeness of any article you receive using the Web Site. Tcftc.com reserves the right to remove any article, as its own discretion and at any time.

6. THE USER’S CONTENT 

The User grants to Tcftc.com the non-exclusive right to use all material entered or submitted into the Web Site by the User (other than third-party material transmitted through private electronic mail) (“Other Content”).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (herein after "Other Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Tcftc.com, are entirely responsible for all Content that you upload, post, email, link, transmit or otherwise make available via the Service. Tcftc.com does not control the Content posted and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Web Site, you may be exposed to Content that is offensive, indecent or objectionable to your own personal beliefs. Under no circumstances will Tcftc.com be liable in any way for any Content or Other Content, including, but not limited to, any errors or omissions in any Content or Other Content, or any loss or damage of any kind incurred as a result of the use of any Content or Other Content posted, emailed, transmitted or otherwise made available via the Web Site.
Users entering Other Content into the Web Site are responsible for the content of that material. Tcftc.com has no responsibility for Other Content, including the content of any messages or information posted by Users or others, or for the content of information accessible via direct or indirect hyperlinks from the Web Site. However, Tcftc.com retains the right, which it may or may not exercise in its sole discretion, to review, edit, or delete Content or Other Content that Tcftc.com deems to be illegal, offensive, in violation of these terms and conditions or otherwise inappropriate. 
You may not input, distribute, upload, post, email, transmit or otherwise make available any Other Content through the Web Site that:

  1. is promotional in nature, including advertisements, without the prior written authorization of Tcftc.com, or constitutes junk mail, spam, chain letters, pyramid schemes or the like;
  1. is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  1. you do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  1. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  1. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment;
  1. is harmful to minors in any way
  1. promotes gambling, sale, export or use of illegal substances
  1. promotes terrorism, sedition or other illegal activities
  1. impersonates of any person, including any Tcftc.com representative, or misrepresentation of affiliation with any person
  1. conducting of raffles, contests, lotteries or sweepstakes.
  1. promotes proprietary materials for download, sale or otherwise, in any case without the permission of the owner of the Intellectual Property Rights

The User agrees to indemnify Tcftc.com from all damages, liabilities, costs, charges and expenses, including attorneys’ fees, which Tcftc.com, its affiliates, employees, and authorized representatives may incur as a result of either: (i) the User’s breach of this Agreement; or (ii) material entered into the Web Site (tracked by an ISP address). Tcftc.com reserves the right to assume the exclusive defense and control of any such matter for which the User has agreed to indemnify Tcftc.com in which event the User shall have no further obligation to indemnify with respect to that particular matter.

You acknowledge that Tcftc.com may or may not pre-screen Content, but that Tcftc.com shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, or move any Content or Other Content that is available via the Service. Without limiting the foregoing, Tcftc.com and its moderators shall have the right to remove any Content or Other Content that violates the TERMS OF USE or is otherwise objectionable at their sole discretion. You agree that you must evaluate, and bear all risks associated with, the use of any Content or any Other Content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any Content created by Tcftc.com or submitted to Tcftc.com, including without limitation information in all parts of the Service.

You acknowledge, consent and agree that Tcftc.com may access, preserve and disclose your information, including your ISP address, and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS OF USE; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Tcftc.com, its users and the public.
You understand that the Tcftc.com and software embodied within the Tcftc.com web site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Tcftc.com and/or content providers who provide content to the Tcftc.com. You may not attempt to override or circumvent any of the usage rules embedded into the site.

7. DEALINGS WITH PROMOTIONS, DEALS AND ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Tcftc.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.

8. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

Tcftc.com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Tcftc.com’s Copyright Agent the following information:

  1. an electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed or violated;
  3. a description of where the material that you claim is infringing is located on the site, including a link to the post(s) or thread(s);
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Tcftc’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
    By email: admin @ Tcftc.com
    For the quickest response possible, please put “Legal Notice” in the subject line.

9. ADDITIONAL LEGAL TERMS

This Terms of Use, as it may be revised or amended from time to time, will apply to your use of the Web Site.
Tcftc.com may discontinue or change the Web Site, or its availability to you, at any time and may change these Terms of Use at any time in its sole discretion. You agree that Tcftc.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

This Terms of Use constitutes the entire agreement between the parties relating to the Web Site and supersedes any and all other agreements, oral or in writing, with respect to the Web Site. The failure of Tcftc.com to insist upon strict compliance with any term of this Terms of Use shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision. This Terms of Use is personal to you and you may not assign your rights or obligations to anyone. If any provision in this Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. This Terms of Use, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the United States of America and New York State as if the Terms of Use was a contract wholly entered into and wholly performed within New York State. All rights not expressly granted herein are reserved. 

You represent, warrant and covenant that You nor Your businesses and activities will not cause, nor could cause, Tcftc.com be or become subject to any law, rule or regulation adversely affecting Tcftc.com, and You shall defend and indemnify Tcftc.com and such Sites against any such adverse effect.