Terms of Service
IMPORTANT — READ CAREFULLY: BY CREATING AN ACCOUNT OR BY UTILIZING THE FIXSPEC SERVICE YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS
Welcome to FixSpec.com (“Website”). Your use of the Website is subject to these Terms of Service (“Terms”); a legal agreement between You and FixSpec Limited (“FixSpec”). “You” refers to any individual who creates or uses any service of the Website.
FixSpec reserves the right to update and change these Terms without notice or acceptance by You. By using the Website, You signify Your irrevocable acceptance of these Terms. If You do not agree with these Terms, then do not use the Website.
DESCRIPTION OF SERVICE
The Website offers a number of tools, including:
- the ability to view, search and export financial services specifications or standards hosted on the Website,
- the ability to compare different versions of a specification document(s) listed on the Website,
- the ability to subscribe to automated email alerts should a specification change,
- the ability to decode one or more raw messages into a human-readable format.
FixSpec may – at its sole discretion – modify the features of the Website without prior notice and unless explicitly stated otherwise, any new features will be subject to these Terms.
Registration on the Website is optional and free of charge.
FixSpec reserves the right to refuse access to users registering emails from domains that we deem unsuitable, including but not limited to any domain registered to temporary or disposable email providers, and impose additional technical restrictions including the use of firewalls to block traffic from selected IP addresses or ranges.
Some of the tools listed in the prior section may be restricted to registered users only, possibly according to specification. FixSpec reserves the right to amend the list of tools available to registered and non-registered users at any point.
FixSpec may further restrict access to selected tools at it’s sole discretion based on other factors including (but not limited to) the provision of a validated, corporate email address.
FixSpec offers specification authors the ability to place restrictions on which registered users may access their specifications services provided through the Website. Restricted specifications are identified as such on the Website. Responsibility for granting or declining access to restricted specifications lies solely with the specification author, and FixSpec is not responsible or liable for such decisions. Registration on the Website does not guarantee access to restricted specifications.
CONFIDENTIALITY OF INFORMATION
FixSpec respects the confidentiality of trading relationships. Should, through the provision of services via this Website, FixSpec become aware of trading relationships (for example through the approval of access to a restricted specification), then FixSpec shall treat this information in accordance with its Confidentiality Policy and will not disclose these to any third parties.
You understand and agree that in operating the Website, FixSpec may need to send communications such as service announcements or administrative messages, and that these communications form part of the service and You will not be able to opt out of receiving them.
COPYRIGHT AND TRADEMARKS
The Website and any downloadable materials associated with it are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties.
The FIX Protocol Standards are originally sourced from the FIX Repository which originates from FIX Trading Community, who retain copyright for the protocol. FIX Trading Community is the standards body responsible for the upkeep and development of the FIX Protocol. FIX Trading Community disclaim all warranties and conditions, express or implied in the FIX Repository, and exclude all liability for damages, including direct, indirect, special, incidental and consequential damages arising from its use.
IMPORTANT: in order to improve the presentation of these standard for this Website, FixSpec has made a number of edits to the source data. This has been necessary to improve presentation only and is in no way intended to change the original purpose or interpretation of the FIX Protocol. If You believe that FixSpec have misrepresented any element of the FIX Protocol in our presentation then please email us at email@example.com and we will make every effort to correct it.
“ITCH” is a registered service mark of The Nasdaq OMX Group, Inc.
The Website may display specifications from other parties, who have given their permission to FixSpec to provide such a service. Copyright for these specifications remains with the relevant Authors, and FixSpec does not claim any responsibility for the accuracy or content of these documents.
TERMINATION, BREACH, SUSPENSION AND CANCELLATION
FixSpec may, at its sole discretion, at any time and for any reason, terminate the Website, or suspend or terminate User accounts. In the event of suspension or termination, Your account will be disabled and You may not be granted access to Your Account or any files or other content within it. You agree that FixSpec shall not be liable to You or to any third party for any modification, suspension, termination or discontinuance of the Website.
In the event of dissolution of FixSpec Ltd, every effort will be made to ensure that all Users are given adequate notice (of no less than two weeks) and opportunity to download any files or content prior to the published closure date.
FixSpec may, at its sole discretion, cancel User accounts if it believes that the information provided in the registration process is untrue, inaccurate, not current or incomplete or if we suspect that the User is not using the Website in the manner intended.
If You wish to terminate Your Account, please email firstname.lastname@example.org and we will action the request as quickly as possible.
You understand that all Content are the sole responsibility of the person from which such Content originated. This means that You are entirely responsible for all Content that You upload or otherwise make available via Your Account. FixSpec does not control the Content posted via the Website and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You understand and acknowledge that FixSpec does not pre-screen Content, but that FixSpec shall have the right in our sole discretion to refuse or remove any Content that violates this Agreement or is otherwise objectionable.
You understand and agree that any tool provided on this Website are provided on an ‘as is’ basis, and FixSpec is not liable for any inaccuracies in these tools, or any decisions made on the basis of such data.
You agree that You will not:
- upload or post any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libellous, hateful, or racially, ethnically or otherwise objectionable,
- impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity,
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on the Website,
- upload or post any Content that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information),
- upload or post any Content that contains software viruses or any other malicious computer code designed to interrupt, destroy or limit the Website,
- interfere with or disrupt the Website or servers or networks connected to the Website,
- intentionally or unintentionally violate any applicable local, state, national or international law,
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group, individual or animals,
- offer for sale or sell any item, good or service that FixSpec determines, in its sole discretion, is inappropriate for sale through the Website.
GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that FixSpec has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Website. FixSpec retains the right to create limits on use and storage at our sole discretion at any time with or without notice. You acknowledge that we reserve the right to log off users who are inactive for an extended period of time.
You agree that You will not:
- upload or post any computer files or programs designed to interrupt, destroy or limit the functionality of the Website,
- interfere with or disrupt our Website or networks connected to our Website or otherwise interfere with our Website in any way,
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or
- copy, reproduce, alter, modify, or publicly display any information displayed on our Website, or create derivative works from our Website, to the extent that such action would constitute copyright infringement or otherwise violate the intellectual property rights of FixSpec, except with the prior written consent of FixSpec.
Recognizing the global nature of the Internet, You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside.
NO RESALE OF THE SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website, use of the Website, or access to the Website without the express permission by FixSpec.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- all of the information provided by You to FixSpec to participate in the Website is correct and current, and
- (b) You have all necessary right, power and authority to enter into this Agreement and to perform the acts required of You hereunder.
You understand and agree that the Website is provided ‘as is’ and FixSpec expressly disclaims all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose, non-infringement or bailment of your data on FixSpec’s servers. FixSpec, its affiliates, suppliers and Resellers make no warranty or representation regarding the results that may be obtained from the use of the Website, the security of the Website, or that the Website will meet any User’s requirements. Use of the Website is at Your sole risk. You will be solely responsible for any damage to You resulting from the use of the Website. No oral or written information or advice given by FixSpec shall create a warranty or in any way increase the scope of FixSpec’s obligations.
FixSpec may provide example specifications of various protocols for the purposes of education or illustration only, and will clearly mark them as such. Such specifications should not be relied upon for any production development work, and FixSpec accepts no responsibility for errors or omissions in these documents.
You agree to indemnify, defend and hold harmless FixSpec, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and\/or costs (including, but not limited to, attorneys fees as and when incurred) arising from Your use of the Website, Your use of Your Account, Your violation of this Agreement or the infringement or violation by You or any other User of Your Account, of any intellectual property or other right of any person or entity.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between You and FixSpec Software is intended or created by this Agreement.
LIMITATION OF LIABILITY
In no event will FixSpec or its affiliates, suppliers or Resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss or damage) arising out of the use of or inability to use the Website, or the provision of or failure to provide technical or other support service, whether arising in tort (including negligence) contract or any other legal theory, even if FixSpec, its affiliates, suppliers or Resellers have been advised of the possibility of such damages. In any case, FixSpec’s, its affiliates’, suppliers’ and Resellers’ maximum cumulative liability and Your exclusive remedy for any claims arising out of or related to this Agreement will be limited to the amount actually paid by You for the Website (if any) in the previous twelve (12) months.
WAIVER AND SEVERABILITY
Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect.
STATUE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of FixSpec services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed under the laws of the United Kingdom.
ENTIRE AGREEMENT / GENERAL PROVISIONS
This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.
FixSpec may change the terms of this Agreement at any time by posting modified terms on its website. This Agreement has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of this Agreement is solely for accommodation purposes.
Any and all rights and remedies of FixSpec upon Your breach or other default under this Agreement will be deemed cumulative and not exclusive of any other right or remedy conferred by this Agreement or by law or equity on FixSpec, and the exercise of any one remedy will not preclude the exercise of any other.
The captions and headings appearing in this Agreement are for reference only and will not be considered in construing this Agreement.
Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to You generally on the Service. All notices or other correspondence to FixSpec under this Agreement must be sent to email@example.com.