Please read these www.mql4.com Terms of Use carefully.
Capitalized terms used herein shall be defined as set forth in Section 1 of these Terms of Use.
1.1 For purposes of these Terms of Use, the following terms shall have the meanings as specified below:
MetaQuotes means the company MetaQuotes Ltd which is the copyright owner of the website
www.mql4.com.
"MQL5 Services" means services, including, but not limited to, MQL5 Market, MQL5 Signals and MQL5 Jobs controlled by MetaQuotes Ltd and available on www.mql5.com which allow the registered Users to receive additional materials or services on www.mql5.com under certain terms of service.
"User" means You or any person or entity that is registered on www.mql4.com and
given a permission to use www.mql4.com in accordance with these Terms of Use.
"You" means You as a mql4.com User ('Your' and 'Yours' shall be construed accordingly).
"MetaQuotes Software" means the software which is developed by, and copyright of, MetaQuotes Ltd, under the registered trademark "MetaTrader 4" together with any updates, upgrades, revisions, modifications, new versions and related components, including, but not limited to, the MetaTrader 4 Trading Terminal, MQL4 IDE, User Interface, Documentation and MetaQuotes Website.
"MetaTrader 4 Client Terminal" means a trading terminal which represents a trader's workstation and enables a trader to trade in the financial markets. In addition to its updates, upgrades, revisions and new versions, MetaTrader 4 Client Terminal includes the following components:
"Terms of Use" means these www.mql4.com Terms of Use which constitute the entire agreement between MetaQuotes Ltd and the User, as well as updated, modified and/or amended future versions thereof as now or hereafter in effect.
"Effective Date" means the date on which this Agreement is entered into by clicking on the "Continue", "Accept" or a similar button in accordance with the procedure described below.
"Additional Terms" means the terms and conditions that apply to Your use of the Software, Products and Website of MetaQuotes Ltd, published or declared in addition to these Terms of Use.
"Additional Agreements" means agreements that apply to Your use of MQL4 Services, published or declared in addition to these Terms of Use.
"Affiliated Entities" means any corporation, company or other entities that directly or indirectly control the operation of MetaQuotes Ltd or that are together with MetaQuotes Ltd controlled by third parties. For purposes of this document, "to control" and "controlled by" shall mean the direct or indirect ownership of more than 50% (Fifty percent) of the issued and outstanding ordinary shares of a corporation, company or another entity.
"Content" means any content, including text, audio files, images, pictures, video and/or any other type of information or communication.
"Trademarks" means trademark and service mark names, logos, domain names and other distinctive features of trademarks of their respective owners (or license holders).
"Intellectual Property Rights" means patents, patent applications, designs, trademarks and trade names (registered and unregistered), copyrights and other similar rights, database rights, technology, know-how and confidential information, all other intellectual property rights and similar or equivalent rights anywhere in the world that exist now or may exist in the future, as well as applications, alterations and amendments to any of the above rights.
MetaQuotes Website: all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL addresses www.metaquotes.net, www.metatrader4.com, www.mql4.com and www.metatrader5.com (among other URL addresses) from which the MetaQuotes Software can be downloaded.
MetaQuotes Ltd Website: all elements, content and style (look and feel) of the website, including 3rd level domains, with the URL address www.mql4.com.
"MetaQuotes Ltd Online Materials" means materials available for downloading from the MetaQuotes Ltd Website, as well as any changes made by MetaQuotes Ltd in its sole discretion.
"MetaQuotes Ltd Advertising Materials" means any trademarks, names, brands, logos, banners and any other materials in any form belonging and/or used by MetaQuotes Ltd to promote the company, its products, services or activities.
"MetaQuotes Ltd Employees" means officers, directors, employees and representatives of MetaQuotes or Affiliated Entities, as well as any other persons employed by MetaQuotes Ltd or its Affiliated Entities.
"Account" or "MQL5 ID" means an account with Login and Password created for Your use of www.mql5.com.
"Login" means an identification code which, in combination with the Password, gives You access to Your Account.
"Password" means a code You select, which, in combination with the Login, gives You access to Your Account.
1.2 Words used in singular form include the plural, and vise versa, as appropriate.
1.3 Any words following the terms (in any form) "including", "among other things", "in particular" and similar expression shall be construed as illustrative and not limiting the meaning of the words preceding those terms.
2.1. These Terms of Use, as well as updates hereof, constitute the entire agreement between You and MetaQuotes Ltd and govern the terms on which You can use the website www.mql4.com.
By clicking on the "Continue", "Accept" or a similar button or an appropriate link, You agree to these Terms of Use.
You agree that MetaQuotes Ltd is not responsible for the materials, software, products or third party services that may be published or distributed on www.mql4.com.
The User who has not agreed to be bound by these Terms of Use shall have no right to use the website www.mql4.com.
The website www.mql4.com is available for use by persons aged 13 and older. If You are at least 13 years old but not yet 18, You should have Your parents or legal guardian review these Terms of Use with You to make sure that both You and Your parents or legal guardian have full understanding of these Terms of Use.
2.2. These Terms of Use will automatically cease to be effective if it appears that You are (a) not a registered mql4.com User, or (b) under the age of 13, or (c) a person who is not allowed to use the MetaQuotes Software in accordance with the laws of any country, including the country of Your residence or intended use of the MetaQuotes Software.
2.3. If You are a company employee or executive and You use www.mql4.com on behalf of Your company ("Company"), You accept and agree to the below: (i) by accepting these mql4.com Terms of Use and by using www.mql4.com, You acknowledge that You are explicitly authorized to do so by the Company based on Your and Company's compliance with this Agreement regarding the use of www.mql4.com by You and the Company; (ii) You have obtained all consents, approvals and authorizations from the Company whatsoever needed, allowing You to officially act on behalf of the Company under these mql4.com Terms of Use. You represent and warrant that You have obtained such consents, approvals and authorizations to use www.mql4.com on behalf of the Company. If You do not have such authority, You shall not have the right to use www.mql4.com.
2.4. Your agreement with MetaQuotes Ltd can also include Additional Terms and Additional Agreements published or declared by MetaQuotes Ltd in the Internet or on the MetaQuotes Ltd Website. Additional Terms and Agreements include, without limitations, terms and conditions set forth in these Terms of Use.
2.5. Before using the Trading Terminal, Products, Software and MetaQuotes Website, You must read and agree to the relevant license agreements and additional terms regarding the products or services offered by MetaQuotes. You can accept such agreements or terms by clicking the appropriate button or as otherwise suggested by MetaQuotes or by using the MetaTrader 4 Client Terminal, MetaQuotes Products, Services and Website whereby You agree and acknowledge that by such use You accept the relevant agreements or terms.
2.6. You acknowledge and agree that by accepting these Terms of Use, as well as Additional Terms and Additional Agreements, You enter into a legally binding agreement with MetaQuotes Ltd. In case of any conflict between the Additional Terms or Additional Agreements and these Terms of Use, Additional Terms or Additional Agreements shall prevail with respect to any particular service offered by MetaQuotes Ltd. We recommend that You print and keep a copy of these Terms of Use.
2.7. You hereby consent to the use of electronic communication in order to enter into agreements, contracts, make payments, place orders and other records, as well as to the electronic delivery of notices, policies and records of transactions initiated or completed via the website www.mql4.com or MQL5 Services.
2.8. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original non-electronic signature or delivery or retention of non-electronic records, to the extent permitted by applicable mandatory law.
2.9. If You are a resident of a jurisdiction where the use of the MetaQuotes Software or the website www.mql4.com or MQL5 Services is prohibited by law due to different requirements or a complete ban on the use of the MetaQuotes Software or the website www.mql4.com or MQL4 Services in any such jurisdiction, do not install or use them.
2.10. Use of the website www.mql4.com requires compatible devices (computer, mobile phone, etc.) and Internet access. The website www.mql4.com may use Your computer (or other device) resources, including, but not limited to, CPU, memory and network connectivity to ensure the functionality of the website www.mql4.com. MetaQuotes Ltd will make commercially reasonable efforts to protect the privacy and integrity of Your computer resources and Your communications. However, You acknowledge and agree that MetaQuotes Ltd cannot give any warranties in this respect.
3.1. You agree to provide accurate and complete information when You register on, and as You use, the website www.mql4.com, and You agree to update Your registration data to keep it accurate and complete. You agree that MetaQuotes Ltd may store and use the registration data You provide for maintaining Your Account and performing its obligations under these Terms of Use.
3.2. You agree that MetaQuotes Ltd may, in its sole discretion and without prior notice, suspend or terminate the provision of any MQL5 Service or access to the website www.mql4.com (or its functions) to You personally or all Users.
3.3. MetaQuotes Ltd may engage the services of consultants and other contractors in connection with the performance of obligations and exercise of rights under these Terms of Use, provided that such consultants and contractors will be bound by the same obligations as MetaQuotes Ltd.
3.4. MetaQuotes Ltd may make available to You various payment processing methods. You agree to abide by any relevant terms and conditions or other legal agreement, whether with MetaQuotes Ltd or a third party, that governs Your use of a given payment processing method. You agree that MetaQuotes Ltd may add or remove payment processing methods in its sole discretion and without notice to You.
3.5. MetaQuotes Ltd may discover that the content, materials, products or services published or distributed on www.mql4.com violate any Additional Terms or Additional Agreement or other legal agreements, third party rights, laws, rules and regulations. You agree that in this case MetaQuotes Ltd reserves the right to discontinue the distribution of, remove or stop the publication of, such content, materials, products or services, in its sole discretion or as required by the relevant government authorities.
3.6. You agree to use the website www.mql4.com only for purposes that are permitted by (a) these Terms of Use, and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions, and in accordance with moral principles and rationality. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the materials, products and services.
3.7. You agree not to use the website www.mql4.com by any means other than through the interface that is provided by MetaQuotes Ltd on www.mql4.com or the MetaQuotes Software interface, unless You have been specifically allowed to do so in a separate agreement with MetaQuotes Ltd. You specifically agree not to access the website www.mql4.com through any automated means, including use of scripts, crawlers, or similar technologies.
3.8. You agree that You will not engage in any activity that interferes with or disrupts the operation of the website www.mql4.com (as well as the servers and networks which service the website www.mql4.com).
3.9. You agree that You will not reproduce, duplicate, copy, sell, trade or resell the content of the website www.mql4.com, unless You have been specifically permitted to do so in a separate agreement with MetaQuotes Ltd. You must retain all copyright and other proprietary notices contained in the original materials on any copy You make of the materials of the Content. You may not modify the Content in any way or publicly display, reproduce or distribute it. The website www.mql4.com is the property of MetaQuotes Ltd. The MetaQuotes Ltd Websites are protected by international copyright laws. Any unauthorized use of the MetaQuotes Ltd Websites may violate copyright laws, trademark laws and other laws.
3.10. You agree that You are solely responsible for, and that MetaQuotes Ltd has no responsibility to You or to any third party for, Your use of the website www.mql4.com and any MQL5 Services, products or services, any breach of Your obligations under these Terms of Use, and for the consequences of any such breach (including any loss or damage of any kind which MetaQuotes Ltd or any third party may suffer).
3.11. You agree to comply with any and all applicable tax laws, including the reporting and payment of any taxes arising in connection with Your use of the website www.mql4.com and MQL5 Services, and that the reporting and payment of any such applicable taxes are Your responsibility.
3.12. MetaQuotes Ltd reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content, products, materials or services from the website www.mql4.com. However, You agree that by using the website www.mql4.com You may be exposed to materials, products or services that You may find offensive, indecent or objectionable and that You use the website www.mql4.com at Your own risk.
3.13. You agree that MetaQuotes Ltd and its Affiliated Entities own all right, title and interest in and to the website www.mql4.com. You agree that MetaQuotes Ltd has all the appropriate rights and licenses for the distribution of the Content, materials, products or services through the website www.mql4.com and MQL5 Services that are provided by their respective authors or other copyright holders. You agree that You will not, and will not allow any third party to, (I) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive the source code of the software located on the website www.mql4.com, unless otherwise permitted, (II) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management or forward-lock functionality) in the materials, products and services, (III) use the Content, materials, products or services to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (IV) remove, obscure, or alter copyright notices, trademarks, or other proprietary rights notices of MetaQuotes Ltd or any third party, affixed to or contained within the Content, materials, products or services.
3.14. All rights to Trademarks, as well as property rights and titles, including but not limited to any and all rights to intellectual property are the property of their respective owners or license holders. Except as otherwise provided in these Terms of Use, neither party grants to the other party any right, title or interest (including, but not limited to, any implied licenses) in or to Trademarks. Nothing in this Agreement gives the User a right to use any trade names, trademarks, service marks, logos, domain names, and other distinctive brand features of MetaQuotes Ltd.
3.15. In using the website www.mql4.com or MQL5 Services, You are not granted any intellectual property rights or rights in or to the website www.mql4.com or MQL5 Services or to any related content, including materials, documentation, products or services. Any other use of the content shall be allowed only subject to respective owner's authorization or when this is provided by law. These Terms of Use do not grant You any right to use any branding or logos of MetaQuotes Ltd. You must not remove, obscure, or alter any legal notices displayed on the pages of the website www.mql4.com.
3.16. You shall not access or attempt to access an Account that You are not authorized to access. You agree not to modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorized access to the website www.mql4.com or MQL5 Services. Violations of system or network security may result in civil or criminal liability.
4.1. The User shall not post or transmit through the website www.mql4.com any materials that:
4.2. Any conduct by a User that in the sole discretion of MetaQuotes Ltd restricts or inhibits any other mql4.com User from using and enjoying its rights, will not be permitted.
4.3. The User shall not post or transmit through the website www.mql4.com any commercial, advertising or promotional materials for goods or services without prior written consent of MetaQuotes Ltd.
The User shall not use the Website to advertise or otherwise promote sales of any goods and services in any form whatsoever.
4.4. The User shall not upload, post or otherwise make available on www.mql4.com any material protected by intellectual property law (including copyright, trademark law, etc.) or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any material posted by the User on www.mql4.com is not protected by copyright, neighboring or third party rights rests with the User.
4.5. MetaQuotes Ltd does not pre-screen, monitor, review or edit materials posted by the User. The User agrees to be solely liable for any materials submitted by the User on the Website, including the content of such materials, compliance with the law, any damage resulting from the infringement of third party rights to the materials submitted by the User, as well as abidance by these Terms of Use, Additional Terms and Additional Agreements. MetaQuotes Ltd shall not be responsible for the materials submitted by the User on www.mql4.com. The User shall compensate for any damage arising out of or in connection with the User's violation of these Terms of Use, applicable local laws or other international laws and regulations.
4.6. By submitting any materials to the sections of www.mql4.com for public use, the User automatically grants (or warrants that the owner of such materials has expressly granted MetaQuotes Ltd) MetaQuotes Ltd, its partners and Affiliated Entities the royalty-free, perpetual, irrevocable, non-exclusive right (non-exclusive license) to use, post, store, reproduce, modify, create derivative works from (such as those resulting from translations, adaptations or other optimizations), communicate, publish, publicly perform, publicly display and distribute such materials, worldwide for the full term of any copyright that may exist in such material as stipulated by local laws.
The above rights that You grant to MetaQuotes Ltd, its partners and Affiliated Entities are for the limited purpose of operating, promoting, and improving the website www.mql4.com. No additional formality, including that in writing, will be required for the rights granted by the User to be recognized.
This license shall continue even if You stop using the website www.mql4.com. Before You submit to MetaQuotes Ltd any materials and thus grant this license for their use, make sure You have the necessary rights to do so.
Some MQL5 Services have in place Additional Agreements governing the scope of rights, purposes and terms of use applicable to the materials, products and services of the User.
5.1. To continuously improve and update the website www.mql4.com, MetaQuotes Ltd may keep statistical information on the website usage, including, but not limited to, gathering information on how exactly the website www.mql4.com is used.
5.2. The collected data is analyzed in order to maximize user-friendliness of the website www.mql4.com and is processed in accordance with the MetaQuotes Ltd Privacy Policy. For purposes of improving the website www.mql4.com, a part of statistical information can be provided to You upon written request.
6.1. These Terms of Use shall be effective until terminated by either You or MQL5 Ltd, as described below.
6.2. You may terminate these Terms of Use by discontinuing Your access to and use of the website www.mql4.com and all materials, products and services obtained or downloaded from the website www.mql4.com.
6.3 Upon termination of these Terms of Use, all legal rights and obligations to be executed or performed by You or MetaQuotes Ltd (or accrued during the term of these Terms of Use) or perpetual rights and obligations, shall not be modified due to termination of these Terms of Use.
6.4. MetaQuotes Ltd may at any time terminate these Terms of Use if:
7.1. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE WWW.MQL4.COM IS AT YOUR SOLE RISK AND THAT THE WEBSITE WWW.MQL4.COM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE WWW.MQL4.COM IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE MATERIALS, PRODUCTS AND ANY SERVICES OFFERED OR RENDERED ON WWW.MQL4.COM ARE PROVIDED “AS IS” AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND MetaQuotes Ltd HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
7.2. YOU AGREE TO USE THE WEBSITE WWW.MQL4.COM AND ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE WWW.MQL4.COM AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA AS A RESULT OF SUCH USE.
7.3. MetaQuotes Ltd FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
8.1. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL MetaQuotes Ltd BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE WEBSITE WWW.MQL4.COM, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF MetaQuotes Ltd HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9.1. You hereby agree, to the fullest extent permitted by law, to indemnify, defend, and hold MetaQuotes Ltd, its Affiliated Entities and each of their respective directors, managers, employees and agents, as well as Authorized operators, harmless from and against any and all third party claims, demands, causes of action, suits or proceedings, as well as any and all losses, liabilities, damage, costs or expenses (including any reasonable attorneys' fees), arising from or relating to:
10.1. MetaQuotes Ltd reserves the right to change and revise these Terms of Use. Each time changes are made to these Terms of Use, MetaQuotes Ltd will publish a revised version of the Terms of Use on www.mql4.com. The revised version of the Terms of Use shall be effective immediately upon publication. Your use of the website www.mql4.com following any change to these Terms of Use will constitute Your assent to and acceptance of the revised Terms of Use.
11.1. These Terms of Use constitute the entire legal agreement between You and MetaQuotes Ltd, govern Your access to and use of the website www.mql4.com and can complement any prior agreements between You and MetaQuotes Ltd in relation to the website www.mql4.com.
11.2. You acknowledge that the failure of MetaQuotes Ltd to exercise or enforce or delay of MetaQuotes Ltd in exercising or enforcing any legal rights or remedies provided hereunder (or by any applicable law) shall not constitute a waiver of such rights or remedies on part of MetaQuotes Ltd and that such rights and remedies will continue to be available to MetaQuotes Ltd.
13.3. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then that provision will be removed from these Terms of Use without affecting the rest of these Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.
11.4. These Terms of Use, as well as Your relationship with MetaQuotes Ltd hereunder shall be governed by and construed in accordance with the laws of the Republic of Cyprus, without regard to its conflict of laws provisions. You and MetaQuotes Ltd agree that the courts of the Republic of Cyprus shall have non-exclusive jurisdiction over any dispute arising out of these Terms of Use. Notwithstanding this, You agree that MetaQuotes Ltd shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
