TERMS OF SERVICE
whereisthemarket.com
Last Updated: May 19, 2025
1. INTRODUCTION
Welcome to whereisthemarket.com (“Website”), owned and operated by FONOTT (“Company”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of the Website and all related services.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Website.
2. APPLICABILITY
These Terms are designed to comply with relevant laws and regulations globally, with specific provisions related to European Union laws, including but not limited to the General Data Protection Regulation (GDPR), the Digital Services Act (DSA), and relevant consumer protection laws. These Terms apply to all users of the Website regardless of their geographical location. Additional regional-specific terms may apply based on your location and will be noted in the relevant sections.
3. DEFINITIONS
For the purpose of these Terms:
“Content” means any information, text, graphics, or other materials uploaded, downloaded, or appearing on the Website.
“User”, “you”, or “your” refers to the person accessing or using the Website.
“Market Information” refers to any data, analyses, forecasts, or other information related to financial markets, investments, or economic indicators displayed on the Website.
4. MARKET INFORMATION DISCLAIMER
4.1 Non-Advice Nature: The Market Information provided on the Website is for informational purposes only and does not constitute financial advice, investment advice, trading advice, or any other type of advice. We do not recommend that any financial instrument should be bought, sold, or held by you or any other investor.
4.2 No Guarantee of Accuracy: While we strive to provide accurate and up-to-date Market Information, we cannot guarantee the accuracy, completeness, or timeliness of such information. Market Information may be delayed, inaccurate, or contain errors.
4.3 No Liability for Decisions: You understand and agree that any decisions you make based on the Market Information are made at your own risk. We shall not be liable for any losses or damages resulting from your reliance on the Market Information.
5. MARKET SUBMISSIONS
5.1 Market Submissions: The Website allows users to submit information about markets. When submitting market information, you must provide accurate and complete information.
5.2 Age Restriction: You must be at least 18 years old to submit market information or access certain features of the Website. By submitting market information, you represent and warrant that you are at least 18 years old.
6. USER CONDUCT
6.1 Prohibited Activities: You agree not to use the Website to:
- Violate any applicable laws or regulations
- Infringe on the rights of others
- Distribute malware or other harmful code
- Scrape, data mine, or extract data from the Website without our express written consent
- Interfere with the proper functioning of the Website
6.2 Content Restrictions: You agree not to post, upload, or share Content that:
- Is illegal, fraudulent, or deceptive
- Infringes on intellectual property rights
- Is defamatory, obscene, or offensive
- Contains personal data of others without their consent
- Constitutes unsolicited commercial communications
7. VISUAL CONTENT SUBMISSIONS AND THIRD-PARTY RIGHTS
7.1 Authorisation to Submit: Photographs, video recordings and other visual representations sent to whereisthemarket.com (collectively referred to as “Works”) are only authorised to be submitted by the person who created them, as the author, or, in the event of his/her lack of legal capacity, the legal representative of this person (hereinafter the “Submitter”).
7.2 No Publication Obligation: Sending the Work to whereisthemarket.com does not obligate whereisthemarket.com to publish the Work. The decision to publish is solely within the competence of whereisthemarket.com.
7.3 Storage of Works: The Work is not stored or archived by whereisthemarket.com, except in the case of publication.
7.4 Rights Warranty: By uploading and submitting Works with your market submission, you warrant and represent that you own or otherwise control all of the rights to the Work, including all the rights necessary for you to provide, post, upload, input or submit the Works.
7.5 License Grant: By submitting Works, you are granting to whereisthemarket.com, without compensation, permission to use your Works in connection with the use, including a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Works in perpetuity and on any platform for any purpose, and the right to sublicense such rights to third parties.
7.6 Attribution: The Submitter’s name – unless whereisthemarket.com decides otherwise and unilaterally – will not be included; as a general rule, the work is published with the comment “user’s photo, or user’s video, or user’s creation, or user’s material” if whereisthemarket.com decides to publish it.
7.7 Waiver of Claims: The Submitter agrees to not make any legal claims against whereisthemarket.com regarding the use of Works.
7.8 Acceptance of Terms: In all cases, the submission of the Work shall be deemed to mean that the Submitter has read and familiarised themselves with these terms and expressly accepted its provisions.
7.9 Third-Party Content: Some images and visual content displayed on the Website may be owned by third parties. In such cases, the copyright holder will be clearly marked on the page where the content appears. These third-party images are used with permission or under applicable licensing agreements and are subject to the copyright owner’s terms and conditions.
8. INTELLECTUAL PROPERTY
8.1 Our Intellectual Property: The Website and its Content, including but not limited to text, graphics, logos, icons, images, audio clips, digital downloads, and data compilations, are owned by us or our licensors and are protected by EU and international copyright, trademark, and other intellectual property laws.
8.2 Limited License: We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website and its Content for personal, non-commercial purposes.
8.3 Restrictions: You may not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content or information obtained from the Website
- Use data mining, robots, or similar data gathering and extraction methods on the Website
- Frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information
9. THIRD-PARTY LINKS AND CONTENT
9.1 Third-Party Links: The Website may contain links to third-party websites or services. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party websites or services.
9.2 Third-Party Content: The Website may display Content from third parties, including Market Information from third-party providers. We do not endorse or guarantee the accuracy of any third-party Content.
10. AFFILIATE LINKS
10.1 Use of Affiliate Links: The Website may contain affiliate links to products or services offered by third parties. When you click on these affiliate links and make a purchase, we may receive a commission or other compensation without any additional cost to you.
10.2 No Endorsement: The inclusion of affiliate links does not necessarily imply endorsement of the linked products or services. We aim to provide accurate and unbiased information regardless of affiliate relationships.
10.3 Disclosure: In accordance with disclosure laws and regulations, we identify affiliate links on our Website either through direct labelling or through a general disclosure statement.
10.4 Third-Party Terms: Any purchases made through affiliate links will be subject to the terms and conditions of the third-party provider. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
11. LIMITATION OF LIABILITY
11.1 Disclaimer of Warranties: The Website and its Content are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
11.2 Limitation of Liability: To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of or inability to access or use the Website
- Any conduct or Content of any third party on the Website
- Any Content obtained from the Website
- Unauthorised access, use, or alteration of your transmissions or Content
11.3 Exceptions: Nothing in these Terms shall limit or exclude our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited by law
12. DATA PROTECTION
12.1 Data Protection Compliance: We process personal data in accordance with applicable data protection laws and our Privacy Policy. By using the Website, you consent to our collection and use of personal data as described in our Privacy Policy.
12.2 Data Subject Rights: Depending on your location, you may have certain rights regarding your personal data. These may include the right to access, rectify, and erase your personal data, the right to restrict or object to processing, and the right to data portability.
12.3 EU Users: For users in the European Union, we comply with the General Data Protection Regulation (GDPR). As a data subject under the GDPR, you have specific rights as outlined in section 12.2.
12.4 International Data Transfers: Your personal data may be transferred to, and processed in, countries other than the country in which you are resident. These countries may have data protection laws that are different from the laws of your country. We have taken appropriate safeguards to require that your personal data will remain protected in accordance with these Terms.
For more information about how to exercise your rights, please refer to our Privacy Policy.
13. CHANGES TO TERMS
We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by posting the revised Terms on the Website with a new effective date. Your continued use of the Website after the effective date of the revised Terms constitutes your acceptance of the changes.
14. TERMINATION
14.1 Termination by Us: We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.
14.2 Termination by You: You may terminate these Terms at any time by discontinuing use of the Website.
14.3 Effect of Termination: Upon termination, your right to use the Website will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
15.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms shall be submitted to the competent courts of The Hague, the Netherlands.
15.3 Alternative Dispute Resolution for EU Consumers: If you are a consumer based in the European Union, you have the right to access the European Commission’s Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr/ for resolving any disputes.
16. SEVERABILITY
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
17. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
FONOTT
Zoetermeer, The Netherlands
hey@whereisthemarket.com
By using whereisthemarket.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
