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Terms and Conditions

TRADERS´ media GmbH
Barbarastr. 31a
97074 Wuerzburg

These Terms and Conditions (Terms of Service) contain:

§ 1 General Terms and Conditions
§ 2 Special Conditions for the use of content
Information protection advisory

Effective: 01. May 2005

§ 1. General Terms and Conditions

§ 1.1 Contents / Definitions

1.  TRADERS' media GmbH - hereinafter known as "TRADERS'" - provides information related to financial services, such as news, analysis, and special relevant topics.
The content, hereinafter referred to as "Services", which Traders makes available insofar as for special services or other individual offers, such as the downloading of software, etc. no special terminology definitions are made, and are referred to by TRADERS' on-demand content provided in "service".

2. The user of the service is referred to hereinafter as "User ".

3. The use of the Service and any resulting claims are exclusively subject to these terms and conditions ("Terms of Service-TOS").

§ 1.2 Subject of the Terms and Conditions / Terms of Reference

1. The TOS stated in §1 of these the Terms and Conditions apply with each use of the service. Insofar as the user utilizes special sections of this service, the conditions corresponding to that section apply.

2. If the special conditions in § 2 (Utilisation of Content) of these TOS of the General Conditions in § 1 contain deviating conditions, then these take precedence as especially applicable rules regarding the service. Provided that there is nothing differing arranged on offer (Content), all new offers as well as services (for example, Newsletters, etc.) are subject to the provisions of this TOS. The services of TRADERS´ are offered in a manner deemed appropriate for each case and are offered subject to availability.

3. Conflicting user TOS are not applicable if TRADERS' has not expressly agreed to their validity.

4. The TOS apply to the version at the time of usage. If at time of usage of the service, a contract is required (see § 1.3 of this TOS) then TRADER'S TOS are deemed to be valid upon the conclusion of said contract.  

5. In the event that changes are made to the TOS, the user will be informed of such changes by e-mail to the address provided by the user. If the user does not object to the changed terms within 4 weeks of notification of the modified TOS, then these new terms are held to be valid for the owner/user relationship.

§ 1. 3 Formation of Contract / Right of Beneficial Use

1. Contracts, for example, Service Registration, come into force by written agreement between TRADERS' and the user per registration via the internet. In case of contract conclusion via internet, contract conclusion comes into force with the appropriate completion of the registration form by the user and the subsequent activation by TRADERS'; notification of which, in the form of an e-mail as well as communication of the data necessary for the usage of the service, such as password, etc. is made by TRADERS'.  The information retrievable under TRADERS' service contains no binding contract offer but is only understood as being presented for the user to request a contract for submission.

2. In case the user has falsely or incompletely filled out the registration form, TRADERS' has the right to invalidate the contract without time limit and can exclude the user from the service temporarily or permanently.

3. The user only has the right to use this service after activation by TRADERS´.

4. User registration is free of charge. No implied right to participate in the service exists.

5. The user is obligated not to make the password and account information available to third parties. In cases where the user believes that password or account information has been compromised or abused, then the user is obligated to inform TRADERS', to facilitate the closing of the account.

§ 1.4 Services / Reservation of the Right of Modification

1. Under this service TRADERS´ provides, free of charge - as long as not otherwise indicated - retrievable content for appropriate legal use.

2. If TRADERS´ provides services, to which it is entitled compensation, then the payment due depends on the concrete price list on the website for the corresponding content.

3. TRADERS´ reserves the right to modify the service in a way that is acceptable to the user.

§ 1.5 Availability

No guarantee of availability is made or implied for the free of charge service.

§ 1.6 User Obligations

1. The user is obligated to keep all access data, such as passwords and registration data provided by TRADERS' confidential.

2. Should the user change any data used in association with the conduct of this contract, such as name, address, banking information, e-mail address or other pertinent information, the user shall promptly inform TRADERS'.

3. The user shall keep data which TRADERS' has provided, such as special registration and password information confidential and only share such information with persons who are effectively authorised to close contracts with TRADERS'.

4. The user shall communicate recognizable faults, such as outages or falsely labeled retrievable content to TRADERS' and undertake all acceptable measures in order to facilitate  correction of the faults.

5. The user shall use the service exclusively for their own purposes and adhere to the online user instructions. In using the service, the user shall not utilize any applications or undertake any behavior which is harmful to the retrievable content from the service, data or software applications.  

6. Should the user violate the conditions defined in § 1.6 No. 1 and 2 of this TOS, TRADERS' shall be released from any damages resulting from such violation which third parties claim against TRADERS' and the user shall compensate TRADERS' for all damages resulting from such violation.

§ 1.7 Liability

1. If the user is a company, TRADERS' is liable only for damages when and insofar as TRADER's becomes a burden on its legal representatives, senior employees or vicarious agents by intent or gross negligence, unless there is a breach of a specific contractual provision. Insofar as TRADERS' is liable for the preceeding, no liability arises for indemnity of damages, especially for loss of profits.

2. If the user is a consumer, TRADERS' is liable only for intentional and gross negligence. However, TRADERS' is liable to consumers for each culpable failure to meet the obligations of its employees, vicarious agents and legal representatives, in as far as the breach of specific contractual provisions and debtor's delay occur where TRADERS' is unable to fulfill a contractual obligation. Except for intentional or gross negligence on the part of TRADERS', its legal representatives, senior employees as well as its vicarious agents, the liability is typically limited to foreseeable typical damages at the conclusion of the contract.

3. The exclusion of liability in no.1 and no. 2 of the provision of § 1.7 is not valid in cases of the expressed assumption of guarantees on the part of TRADERS' and for damages to life or limb or health, as well as in cases of obligatory legal regulations. Liability under the product liability law remains unaffected.

§ 1.8 Denial of user access

TRADER'S is authorised to deny the user access without prior notice, when the user falsely enters a password more than twice or when the user transfers data such as passwords to a third party without authorisation.

§ 1.9

The user may only seek compensation against TRADERS' with an uncontested or legally valid counterclaim.

§ 1.10 Miscellaneous

1. Modifications, additions and restrictions of the user contract and these TOS must be in written form to be valid. This is also applies to waivers from the requirements of the written form.

2. If the user is a registered commercial merchant or has no general jurisdiction in Germany, then Wuerzburg is the exclusive jurisdiction for all disputes between the user and TRADERS'.

3. This contract is materially subject to German law, especially the Civil and Commercial Codes.

4. Should a provision of this TOS in total or partially be deemed invalid, the other provisions remain in force. In this case, a provision is viewed as agreed upon which comes closest to  the economic purpose of the invalid provision, in a legally permissible form.

§ 2 General Provisions for the Use of "Content"

§ 2.1 Scope and terms

1. Under this service TRADERS' offers content regarding financial subjects which has been previously made available from third parties. In addition, this TOS applies to the use of this content.

2. Content in the sense of this TOS is primarily contents which have been editorially created, such as announcements, analysis and reports. Content in the sense of this TOS also is understood to be data provided by third parties (according to $ 2.3 of this TOS) as well as software made available for download by TRADERS' (according to § 2.8).

§ 2.2 Content Rights of Use

1. Intended online use of this content which is here defined as: the temporary downloading of  individual content to the user's browser for retrieval – is only allowed if TRADERS' has  authorized this for the exclusive use at work, or if TRADERS' has granted written permission.

2. The user may only use the content which is received through this service in the sense of § 2.1 no. 2 of this TOS for their own purposes and especially not for commercial purposes and may not forward content to third parties.

3. The rights of use of content from third parties – here: editorially created content as well as retrievable data through this service – are retained by the original right holders as well as TRADERS', as far as no case of justifiable personal use in the sense of § 2.2 no.1 of this TOS arises.

§ 2.3 Data Content

1. The data made available for retrieval through this service is not produced by TRADERS', rather by third parties.

2. TRADERS´ does not check data from third parties for content correctness or completeness and therefore makes no guarantees as to suitability of data for specific purposes.

§ 2.4 Remuneration

Use of content under the conditions of § 2.2. is for the user, free of charge.

§ 2.5 Liability

1. The news, analysis and miscellaneous articles depicted only reflect the opinion of the respective authors/editors. All contents represent no invitation to bid on securities and are no substitute for expert, individual investment counseling.

2. Liability for correctness of the content and the data – as it is provided by third parties - is limited to intentional and gross negligence. Furthermore TRADERS' is liable without previous limitations for the damages which are represented by TRADERS' for injury to life, body and health or the breach of contractually arising obligation (cardinal duty).

3. Content provided by our partners will not be checked by TRADERS' for completeness, correctness of content or suitability for specific purposes, except for the limits described in § 2.5 no. 2 of this TOS.

§ 2.6 Content provided by the user / Participation in the service

1. The user is exclusively responsible for content provided by the user such as articles, opinion pieces etc. and data. With regard to content, TRADERS' has no obligation for correcting and/or providing advisory referring to correctness, completeness or the compliance with legal norms. Therefore, the user is liable for content which they and themselves enter by uploading to forums, sends via e-mail or otherwise in the scope of the use of this service, publishes or forwards. Also it is known to the user that using the service he can be exposed to other users' content, which can be possibly offensive or insulting. TRADERS' is not liable for such content, as such articles are not checked by TRADERS'.

2. The user is obligated in the scope of the use of this service to respect the legal agreements, especially those regarding youth protection, copyright, trademark and naming rights as well as personal rights and other rights of third parties. The user is obligated not to misuse this service and especially not to transmit or offer computer viruses or other malware, mass e-mails, unsolicited advertising e-mails, or to ask others to do so on their behalf. The user is further obligated not to avoid the security measures of the service, and not to use any applications which might cause damage to the facilities of this service, which may affect the physical-logical structure of the servers or networks of TRADERS'.

3. The user is proportionally liable to TRADERS' for damages which arise from content or data from the user which violate the legal norms or where illegal use of the service arises. If the user shares data which violate the rights of third parties, e. g. in discussion forums or chat rooms, TRADERS' has the right to bar the user from the use of the affected media.

§ 2.7 Linking Policy

1. This service provides content from third parties by referring to them using "links". When links are used the following applies: linked content is only to be understood as a listing of external content for whose content correctness and legal compliance, TRADERS' is not liable, as this external content is not produced by TRADERS' and therefore is to be regarded as external content.

2. When content from TRADERS' is referred to, the following applies: links are only allowed when – after clicking on the link, the site from which the user clicks, is completely left. Inline linking as well as framing or the implementation of special technology with which their content of this service includes content of third parties in whatever form or that gives the appearance that it is content of the third party (the one who is linking from content of TRADERS') is not allowed.
When the content of this service is referred to, then the link has to be named "traders-mag" and shall be placed on the homepage of this service (not under the information offered on the homepage). The link to this service is only allowed when an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it. is sent containing the exact name of the page to be linked to and when no contradicting e-mail is received within 24 hours.

§ 2.8 Use of Software / Utilisation Rights of Applications

1. Software in the sense of this TOS are programs which are made available from TRADERS' for download and which are made available for the use of this service to the user free of charge. TRADERS' is not obligated to provide advice and training for the software.

2. The user is allowed to use the programs exclusively for the use of this service and to make the therefore necessary duplications.

3. The duplication and distribution outside of the provisions in § 2.8 no. 2 of this TOS, as to the usage by third parties, whether compensated or uncompensated, regardless of permanent or temporary use, is not authorized. Furthermore, the software available for download shall not be treated as public-domain-software.

4. Copyright information which accompany each program or other information that serve as program identification may not be removed under any conditions.

5. All program rights are subject to §§ 69 a and subsequent paragraphs of the Copyright Statute.

Information Security Advisory

We take the subject of information security very seriously and treat the data you share with us as follows:

1. TRADERS' needs the data which are provided during the registration process exclusively for the use of this service with each of the functionalities provided by TRADERS'. Under no circumstances does TRADERS' share this information with third parties. Insofar as the user gives personal information, it will be used only for the purpose to which the user has agreed or in a way which by law allows the processing of data, such as the Federal Data Protection Act or the TeleService Data Protection law.

2. TRADERS' gathers, processes and uses personal user data in accordance with statutory provisions: Of course, the user can obtain information regarding data collection and how it is used at any time or at registration by sending an e-mail to This email address is being protected from spambots. You need JavaScript enabled to view it..

3. All data is deleted as soon as it is no longer needed for its intended purpose.