TERMS of USE
The Morgan Hedge Internet Portal and Web Site is owned and operated by Viimedia S.A., a SC registered Company No.47933 ("Viimedia"). Please read these terms and conditions carefully.
By accessing the Morgan Hedge Web Site ("Site") and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions set forth below, do not access this Site, or any other material available through this Site.
By "ticking" the check box Terms of Use it is the equivalent of manually signing a paper copy and entering into a legally binding contract between you or your firm and Viimedia. In turn, you represent and warrant that you are authorized to execute this Agreement on behalf of your firm and you intend for your firm to be legally bound by this Agreement.
The terms and conditions below may be updated or modified by Viimedia from time to time without notice to you. You are responsible for regularly reviewing theses terms and conditions and additional terms posted on the Site. Viimedia may discontinue, temporarily or permanently, the services of the Site with or without notice. You agree that Viimedia shall not be liable to you or to any third party for any modification, suspension or discontinuance of Service.
USE OF INFORMATION AND MATERIALS
The information and materials contained in these pages, and the terms and conditions that appear, are subject to change. The unauthorized use of the Morgan Hedge Site including but not limited to unauthorized entry into the Site, misuse of passwords, or misuse of any information posted on the Site is strictly prohibited. The User's eligibility for access to the Morgan Hedge Site is subject to final determination by Viimedia.
CONFIDENTIALITY ON THE INTERNET
Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Viimedia has attempted to create a secure and reliable Site, however, it is important to be aware that the confidentiality of any communication, information or materials transmitted to or from the Site over the Internet cannot be guaranteed.
GRANT OF LICENSE
The right of Morgan Hedge registered users to use this Site and the materials and information available on this Site or through this Site constitutes a license. The registered user is provided with a limited, revocable, nonexclusive, nontransferable license to this Site conditioned on the registered user's continued compliance with the Terms of Use herein.
The registered user may view download and print information and materials on this Site for personal and internal business use provided that all hard copies contain all copyright and other applicable notices.
The registered user may not reproduce, modify, copy, alter in any way, distribute, sell, resell, transmit, transfer, license, assign or publish any information obtained from this Site. Registered user shall not use this Site at any time for any purpose that is unlawful or prohibited and shall comply with any applicable local, state, national or international laws or regulations when using this Site.
INTELLECTUAL PROPERTY RIGHTS
Morgan Hedge, and the logos and marks included on the Morgan Hedge Site are proprietary materials. The use of such terms and logos and marks without the express written consent of Viimedia is strictly prohibited. Copyright in the pages and in the screens of the Site, and in the information and material therein, is proprietary material owned by Viimedia unless otherwise indicated. The unauthorized use of any material on the Morgan Hedge Site may violate numerous statutes, regulations and laws, including, but not limited to, copyright, trademark, trade secret or patent laws. Standard & Poor's S&P 500® Index is a registered trademark of Standard's & Poor's, a division of the McGraw-Hill Companies.
LAWS AND REGULATION IN YOUR COUNTRY OF RESIDENCE
The information and materials contained on our Site are intended for viewers worldwide. Before registering and entering our site and viewing information on our site you agree that the laws and regulations in your country of residence or citizenship do not prohibit you to view or access information on our Site.
The information is not intended for distribution to, or use within, any jurisdiction, or use by any person, where such distribution or use would constitute a violation of law or regulation or would subject Hedgweb to any registration requirement within such jurisdiction. Persons who register on our website, gain access to all content and information on this Web Site and are planning to invest in unregulated investments should inform themselves as to: (a) the legal requirements within the countries of their nationality, residence, ordinary residence or domicile for such action; (b) any foreign exchange restriction or exchange control requirements which they might encounter on acquisition or disposal of securities under the laws of the countries of their citizenship, residence or domicile; and (c) the taxation consequences which might be relevant to the acquisition, holding or disposal of securities under the laws of the countries of their citizenship, residence or domicile.
USERS IN THE USA
All Information on private, unregulated Investment Funds and Alternative Investments on this website as defined under Regulation D promulgated under the Securities Act of 1933 is directed only at accredited Investors and qualified clients as defined under Rule 501 of Regulation D of the Securities Act of 1933.If you are not an accredited investor or qualified client under the terms outlined in the law, you are not allowed to access our Site. We reserve the right to verify your status, before granting access to our Site. Additionally, by accessing the password-protected area of the Site, you agree to immediately contact Morgan Hedge if there is any change in your status as an accredited investor or qualified client. For individuals such changes may include, for example, a registered user's net worth declining below $1,000,000. All registered users, including individuals and entities, should consult with their legal advisors if they believe their status as a qualified client has changed. By accepting these terms of use and accessing our Site you declare that you are a qualified client.
USERS IN THE UK
Some information on private, unregulated Investment Funds and Alternative Investments on this website is directed only at permitted persons under The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001. Some investments are not available directly to private investors. The information is for illustrative purposes only and persons who do not have professional experience of participating in unregulated schemes should not rely upon it. It might be directed only at Investment Professionals having professional experience in matters related to investments and of participating in unregulated schemes. It must not be acted upon by other persons in the UK who do not have such professional experience.
USERS IN THE EUROPEAN UNION
Only "Professional Investors" as that term is defined in DIRECTIVE 2004/39/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of April 21, 2004 on markets in financial instruments may view and obtain information as well as invest in certain private / unregulated investment funds. Regarding these funds that may be listed on Morgan Hedge you declare to meet at least one of the following criteria:
(A) Entity which is required to be authorised or regulated to operate in the financial markets. The list below should be understood as including all authorised entities carrying out the characteristic activities of the entities mentioned: entities authorised by a Member State under a Directive, entities authorised or regulated by a Member State without reference to a Directive, and entities authorised or regulated by a non-Member State:
1. Credit institutions
2. Investment firms
3. Other authorised or regulated financial institutions
4. Insurance companies
5. Collective investment schemes and management companies of such schemes
6. Pension funds and management companies of such funds
7. Commodity and commodity derivatives dealers
8. Locals
9. Other institutional investors
(B) Large undertakings meeting two of the following size requirements on a company basis:
1. Balance sheet total: EUR 20,000,000
2. Net turnover: EUR 40,000,000
3. Own funds: EUR 2,000,000.
(C) National and regional governments, public bodies that manage public debt, Central Banks, international and supranational institutions such as the World Bank, the IMF, the ECB, the EIB and other similar international organisations.
(D) Other institutional investors whose main activity is to invest in financial instruments, including entities dedicated to the securitisation of assets or other financing transactions.
NO PROFESSIONAL ADVICE
Morgan Hedge and Viimedia are not a Broker/Dealer or registered investment advisor under United States federal securities law or securities laws of any other jurisdiction, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or suitability of any investment manager. Nothing in the Site constitutes an offer or solicitation to buy or sell any securities. Nothing contained in the Site is intended to constitute legal, investment, tax or other professional advice, and you should consult with a financial advisor and legal and tax professionals to assist in conducting due diligence as may be appropriate prior to making any investment or hiring any investment manager. Viimedia shall not have any liability for investment decisions based upon information obtained from the material provided on the Site.
TERMINATION
The user agrees that Viimedia, in its sole discretion, may terminate your access and use of the Site at any time, without notice if Viimedia believes that you have violated or acted inconsistently with terms or spirit of the Terms of Use. Furthermore, you agree that Viimedia shall not be liable to you or any third party for any termination of your access to the Site or services offered through the Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Morgan Hedge Site, you agree that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. User shall not use the Site in any manner that could damage, disable, impair or interfere with any other user's use of the Site. You may not attempt to gain unauthorized access to the Site through hacking or any other unauthorized means. You may not attempt to obtain or obtain any materials or information through any means not intentionally made available to the User through the Site.
USER CONDUCT
The user understands that all information, data, text, graphics, photos, information, messages or other materials ("Content"), whether publicly posted or privately submitted, through e-mail services, chat areas, forums or other message or communication facilities designed to enable users to communicate with other users, are the sole responsibility of the person from which such Content originated. It is understood that the user, and not Viimedia, is entirely responsible for all Content that the user uploads, posts, submits, e-mails or otherwise transmits to the Site. The user agrees not to post, submit or e-mail or otherwise submit on the Site:
a. Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, obscene, vulgar, libelous, slanderous, invasive of another's privacy, hateful, racial or otherwise objectionable;
b. Content that is illegal or advocates illegal activity;
c. Content that may harm or harms a minor in any way;
d. Content that the user does not have a right to transmit under any law or under contractual or fiduciary relationships such as any confidential information learned of through an employment relationship;
e. Content that infringes any patent, copyright, trademark or trade secret, unless the user owns or controls the rights thereto or have received all necessary consents to do the same;
f. Content that is or may be considered "junk mail," "chain letters," or "pyramid schemes" or any other form of solicitation;
g. Content that contains software viruses or Content that is designed to destroy or interrupt the functionality of any computer software or hardware or telecommunications equipment;
h. Content that may be deemed to violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange;
i. Content that is intended to or may be deemed to harass another person or entity; and
j. Content that is deemed to create a false identity for the purpose of misleading others.
Viimedia has no obligation to monitor the communication on the Site, however, Viimedia reserves the right to review materials posted to the Site via a communication service or communication facility and to remove any materials and terminate the User's access to the Site in its sole and absolute discretion, at any time, without notice to the user as the sender.
Viimedia reserves the right at all times to disclose any information as Viimedia deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, in sole and absolute discretion of Viimedia.
30-DAY WAITING PERIOD
The user agrees not to invest in an unregistered private fund posted on the Site for at least 30 days after the date a user Identification name and password is assigned to the User, unless the User already invests in such fund or, the User has already been solicited for or otherwise contracted by such fund.
ACCURACY OF INFORMATION
Viimedia compiles data and information provided to it by various fund managers. Viimedia does not attempt to verify and does not warrant the accuracy, completeness or suitability of any data or information. Viimedia shall not be liable for any loss, direct or consequential damages or expenses relating to the accuracy and completeness of the data provided by the various fund managers. This data has been compiled for informational purposes only and not as investment advice. Users should not rely upon this data or information when making an investment decision or selection of an investment manager, and you should independently verify all relevant information prior to making an investment decision. Users should note that past performance is not an indication of future results.
Disclosure of Potential Relationships
We and/or our affiliates, and directors, employees, financial representatives or consultants of ours or of our affiliates, may hold positions in the firms listed or otherwise mentioned on this Web Site or in the information obtained through the use of this Web Site. From time to time, we and/or our affiliates may perform services for, or solicit such services from, companies mentioned on this Web Site. Additionally, from time to time, we may be unable to provide information with respect to certain companies with which we have certain business relationships.
LINKS TO THIRD PARTY SITES
This Site may contain links to web sites controlled or offered by third parties. Viimedia hereby disclaims liability for any data, information, materials, products or services posted or offered at any of the third party sites linked to this Site ("Linked Site"). Viimedia shall not be responsible or liable, directly or indirectly, for any loss or damage caused or alleged to be caused by or in connection with reliance on a Linked Site. By having a link to a third party site, Viimedia does not recommend or endorse any data, information, products or services offered or contained at that Linked Site. User acknowledges that Viimedia shall not be responsible for the accuracy, copyright or trademark compliance, legality, or decency of materials contained in a Linked Site. Viimedia is not responsible for the Contents of any Linked Site, including without limitation any link contained in a Linked Site. User is responsible for viewing and following the terms of use and privacy statements at the Linked Sites.
NOTICE
User acknowledges that by accepting the Terms of Use, you consent to receive notice by means of e-mail to the User' e-mail address on record with Morgan Hedge, or by means of written communication sent through first class mail to the User's mailing address on record with Morgan Hedge. User confirms that User's computer satisfies the hardware and software requirements for receiving, displaying and storing e-mail transmissions. Notice shall be deemed given when sent by e-mail or one day following the sending of notice by first class mail.
DISCLAIMERS OF WARRANTIES
THE DISCLAIMER is part of the Terms of use and by agreeing to the terms of use you agree to the disclaimer.
INDEMNIFICATION
User (and User's fund, if User is a representative of a fund) jointly and severally agree to indemnify and hold harmless Viimedia, and its agents, information providers and their agents, representatives, directors, officers, shareholders, partners, predecessors, successors and assigns, from and against any claim or demand, proceeding, damages, liabilities, losses or expenses, from claims made by a third party, arising from User's use of the Site which constitutes a violation of the Terms of Use or an improper act or omission.
NO FORMATION OF JOINT VENTURE, PARTNERSHIP, SHAREHOLDER, EMPLOYMENT OR AGENCY RELATIONSHIP
No joint venture, partnership, shareholder, employment, or agency relationship exists between Viimedia and User as a result of agreeing to these Terms of Use and utilization of the Site.
SEVERABIILTY
If any provision of this Agreement or the Viimedia Privacy Policy shall be held invalid or unenforceable to any extent, the remainder of this Agreement and the Privacy Policy shall not be affected and shall be enforced to the extent permitted by law.
ENTIRE AGREEMENT
This Terms of Use along with the Morgan Hedge Disclaimer and other related agreements, represent the entire agreement between Viimedia and the User with respect to the use of information and material available on or through this Site, and the entire agreement supersedes any and all previous agreements, representations, warranties, statements, promises and understandings, whether oral, written or by electronic means. These terms and conditions are governed by Seychelles law.
Use of the Website is at Your Own Risk
Use of this website is at your own risk and is provided without warranty or condition of any kind, either expressed or implied. To the extent permitted by Seychelles law, we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the website and its content.
Please also read our Privacy Policy and Disclaimer
