Terms of Service
Date of Last Revision: June 27, 2012
YOU MAY NOT ACCESS OR IN ANY WAY MAKE USE OF WallStreetMarketNews UNLESS YOU ARE AT LEAST A FRESHMAN IN HIGH SCHOOL AND 13 YEARS OLD.
Please read this page carefully. These are the rules that govern WallStreetMarketNews. By using WallStreetMarketNews, you agree to the rules and obligations we describe in these "Terms of Service" (which we will call the "TOS"). We provide you with access to WallStreetMarketNews and the services that we and others provide to you through WallStreetMarketNews, in consideration of (in exchange for) your promise to observe these rules. We also provide you with access to WallStreetMarketNews in consideration of certain rights and permissions you provide to us, as described below, in connection with your becoming a WallStreetMarketNews "Member."
By using WallStreetMarketNews, you agree to the TOS, which may be updated by us from time to time without notice to you. In addition, when using particular WallStreetMarketNews owned or operated services, you shall be subject to any posted guidelines or rules applicable to such services, which guidelines or rules also may be modified without prior notice from time to time.
WallStreetMarketNews RESERVES THE RIGHT TO REMOVE ANY MEMBER FOR ANY OR NO REASON FROM THE WallStreetMarketNews NETWORK. YOU ACKNOWLEDGE AND AGREE THAT WallStreetMarketNews MAY STORE REMOVED INFORMATION AT ITS SOLE DISCRETION. YOU ACKNOWLEDGE AND AGREE THAT WallStreetMarketNews SHALL HAVE A RIGHT TO DISPLAY PUBLIC INFORMATION OF REMOVED ACCOUNTS. YOU ACKNOWLEDGE AND AGREE THAT WallStreetMarketNews IS NOT LIABLE FOR ANY LOST OR INTENTIONALLY DELETED INFORMATION OR DATA.
SUMMARY OF RULES AND POLICIES TO WHICH YOU AGREE AND PERMISSIONS YOU PROVIDE TO US OR TO OTHERS THROUGH US
We discuss below, in more detail, the various aspects of the TOS. However, these include:
The services we do or might provide to you and other Members and that other businesses we authorize do or might provide;
Your promise to adhere to the TOS and certain of the consequences of not doing so;
Security for your account and password;
The rules of conduct that we and others in our on-line community expect all Members will follow;
The use and disclosure you agree that we or others we authorize may make of "Content" (which we define below) that you or other Members provide on or through WallStreetMarketNews;
A description of what we call "Lunch Money" and "Credits";
Your promise to protect us against any damages that we or others might be caused by any violations by you of the TOS;
Our rights in the WallStreetMarketNews name and services;
Certain important disclaimers of warranties and limitations of any potential liability we might have to you; and
Other, important aspects of the TOS and, therefore, your agreement with us.
1. DESCRIPTION OF SERVICE
WallStreetMarketNews provides its members with access to a rich collection of resources, including various communications tools, forums, third-party promotional (advertising) campaign tools, networking services, events, attachments, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service"). You understand and agree that the Service may include advertisements and other third party promotional materials, campaigns and tools (including without limitation cookies, flash cookies, beacons, and similar devices used by WallStreetMarketNews or third parties), and that these advertisements, promotions and related activities are necessary and essential for WallStreetMarketNews's business and, therefore, for WallStreetMarketNews to be able to continue to provide the Service to you and its other Members. You also understand and agree that the Service may include certain communications from WallStreetMarketNews, such as service announcements, administrative messages, invitations to participate in promotional activities and a newsletter. Receiving these communications is a condition of your WallStreetMarketNews membership, and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including, but not limited to, the release of new WallStreetMarketNews features, applications and promotional campaigns, shall be subject to the TOS. You acknowledge and agree that the Service is provided "AS-IS" and that WallStreetMarketNews assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Member communications or personalization settings. You acknowledge and agree that you are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet Service Provider or airtime charges). You agree that you are responsible for such fees, including but not limited to any fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the applicable state and/or federal laws of the United States. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if WallStreetMarketNews has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or otherwise violates the letter or spirit of the TOS, you acknowledge and agree that WallStreetMarketNews may, in its sole discretion, suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Note also, that WallStreetMarketNews reserves the right to suspend or terminate any Member or account for no reason. You acknowledge and agree that WallStreetMarketNews is not liable for any information lost including but not limited to, images, friendship connections, etc.
3. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify WallStreetMarketNews of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. You acknowledge and agree that WallStreetMarketNews is not liable for any loss or damage arising from your failure to comply with the TOS.
4. MEMBER CONDUCT
You acknowledge and agree that all information, data, identifiers of you or others you identify as Friends, text, software, music, sound, photographs, graphics, artwork, video, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. You acknowledge and agree that WallStreetMarketNews is not responsible for any Content that you upload, post, email, transmit or otherwise make available via the Service. You acknowledge and agree that WallStreetMarketNews does not control the Content posted via the Service and, as such, does not control the accuracy, integrity, quality or any aspect of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. You acknowledge and agree that under no circumstances is WallStreetMarketNews liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or upload images which contain nudity (includes thongs and topless females from the back), pornography, sexually explicit, weapons, violence, or drugs;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a WallStreetMarketNews official, forum leader, guide, 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 transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to or that would have the effect of interrupting, destroying, or limiting the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other Members' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law;
provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
offer any contest, giveaway, or sweepstakes;
"stalk" or otherwise harass another;
collect or store personal data about other Members.
5. SOME OF OUR RIGHTS CONCERNING CONTENT THAT YOU OR OTHER MEMBERS PROVIDE
You acknowledge and agree that WallStreetMarketNews may or may not pre-screen Content, but that WallStreetMarketNews and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen or screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, WallStreetMarketNews and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree and accept liability associated with the use of any Content, including but not limited to your reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge and agree that you may not rely on any Content created by WallStreetMarketNews or submitted to WallStreetMarketNews, including without limitation information in WallStreetMarketNews Message Boards, and in all other parts of the Service.
You acknowledge and agree that WallStreetMarketNews may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties or other claims of abuse; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WallStreetMarketNews, its Members and the public.
You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by WallStreetMarketNews and/or Content providers who provide Content to the Service. You shall not attempt to override or circumvent any of the usage rules embedded into the Service. You acknowledge and agree that any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
Although WallStreetMarketNews cannot monitor the conduct of its Members off the Web site or on the Web site, you acknowledge and agree that it is a violation of the TOS for you to use (or allow others to use) any information obtained from the Service in order to harass, abuse, or harm another person, or in order to advertise to, solicit, or sell to any Member or person without their prior written consent.
You agree that you are solely liable and responsible for your interactions with other WallStreetMarketNews Members. WallStreetMarketNews reserves the right, but has no obligation, to monitor disputes between you and other Members.
6. NON-COMMERCIAL USE BY MEMBERS
WallStreetMarketNews is for the personal use of individual Members only and may not be used by Members in connection with any of their commercial endeavors. Organizations, companies, and/or businesses may not become Members and shall not use the Service or the Web site for any purpose without WallStreetMarketNews’s prior approval. Illegal and/or unauthorized uses of the Web site, including collecting email addresses or other contact information of Members by electronic or other means for the purpose of sending unsolicited email, unsolicited private messages, and unauthorized framing of or linking to the Web site will be investigated, and WallStreetMarketNews shall take appropriate legal action at its sole discretion, including without limitation, civil, criminal, and injunctive redress. You acknowledge and agree that it is a violation of this policy to post, private message, or email to WallStreetMarketNews Members any solicitations, spam, junk mail or other commercial information or any information that serves to benefit an organization, company, or business of which a WallStreetMarketNews Member is an agent, member, employee, owner, leader, volunteer, or investor.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Acknowledging the global nature of the Internet, you agree to comply with all local and industry 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.
8. OUR RIGHTS CONCERNING CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
You acknowledge and agree that WallStreetMarketNews does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant WallStreetMarketNews the following perpetual, assignable, world-wide, royalty free, sub-licensable and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any promotional and commercial purposes by WallStreetMarketNews and its affiliates or by third parties at WallStreetMarketNews’s sole discretion. For the avoidance of doubt, WallStreetMarketNews may continue to make available such Content on the network and WallStreetMarketNews will continue to have the aforementioned rights even if your account is terminated.
With respect to Content you submit or make available for inclusion in areas only accessible by other Members as selected by you, you grant such other Members a perpetual, irrevocable license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service for the purpose for which such Content was submitted or made available and for any other purpose in connection with promotional campaigns run and made available by WallStreetMarketNews at WallStreetMarketNews’s sole discretion. For the avoidance of doubt and for illustration purposes, WallStreetMarketNews may continue to make available such Content on the network for the stated purposes and WallStreetMarketNews will continue to have the aforementioned rights even if your account is terminated.
You acknowledge and agree that Members whom you accept or designate as Friends will have access to some or all of your Content. You acknowledge and agree that in connection with the Service or WallStreetMarketNews’s promotional and commercial activities, your Friends may cause some or all of your Content to be published to other Members or to third parties authorized by WallStreetMarketNews to use or access Content.
For purposes of these TOS, "publicly accessible" areas of the Service are those areas of the WallStreetMarketNews network of properties that are intended by WallStreetMarketNews to be available to the general public. By way of example and not limitation, publicly accessible areas of the Service would include WallStreetMarketNews Message Boards, profile, blogs, etc. However, publicly accessible areas of the Service would not include WallStreetMarketNews services intended for private communication such as Private Messages, or areas off of the WallStreetMarketNews network of properties such as portions of World Wide Web sites that are accessible through hypertext or other links but that are not hosted or served by WallStreetMarketNews.
You acknowledge and agree that your feedback, comments and suggestions about WallStreetMarketNews may be used without any obligation to compensate you for them. You further acknowledge and agree that your feedback, comments and suggestions are completely voluntary.
YOU AGREE TO INDEMNIFY AND HOLD WALLSTREETMARKETNEWS AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, WALLSTREETMARKETNEWS (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR ACTIONS AND/OR ANY CONTENT YOU SUBMIT, POST, TRANSMIT OR MAKE AVAILABLE THROUGH THE SERVICE, YOUR ACCESS AND USE OF THE SERVICE, YOUR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THE TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. YOU FURTHER AGREE TO INDEMNIFY AND HOLD WALLSTREETMARKETNEWS AND ITS SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS AND OTHER PARTNERS, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ANY ATTORNEYS' FEES, WALLSTREETMARKETNEWS (OR THE OTHER INDEMNITEES) MAY INCUR RESULTING FROM OR ARISING OUT OF YOUR USE OR TRANSMISSION OF OTHER MEMBERS. CONTENT IN CONNECTION WITH PROMOTIONAL TOOLS AND PROMOTIONAL CAMPAIGNS MADE AVAILABLE BY WALLSTREETMARKETNEWS.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your WallStreetMarketNews I.D.), use of the Service, or access to the Service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge and agree that WallStreetMarketNews may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that private messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of private messages that may be sent from or received by an account on the Service, the maximum size of any private message or post that may be sent from or received by an account on the Service, and the maximum space that will be allotted on WallStreetMarketNews's servers on your behalf. You agree that WallStreetMarketNews has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by or through the Service. You acknowledge and agree that WallStreetMarketNews at its sole discretion reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge and agree that WallStreetMarketNews reserves the right to modify these general practices and limits from time to time and without notice to you.
12. MODIFICATIONS TO SERVICE
WallStreetMarketNews reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that WallStreetMarketNews is not liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that WallStreetMarketNews may, under certain circumstances and without prior notice, immediately terminate your WallStreetMarketNews account, any associated other accounts, and access to the Service. Cause for such termination shall include, but is not limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Service (or any part thereof), (d) unexpected technical or security issues or problems, and (e) extended periods of inactivity. Termination of your WallStreetMarketNews account includes (a) removal of account access to all offerings within the Service available with a password, including but not limited to Private Messages and images that are password protected, (b) deletion of your password, and (c) barring further use of the Service. Further, you agree that all terminations may be made in WallStreetMarketNews's sole discretion and that WallStreetMarketNews shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that WallStreetMarketNews shall not be responsible or liable for any loss or damage of any sort caused or alleged to be caused by or in connection with any such dealings or as the result of the presence of such advertisers on the Service. By way of example only, you agree that WallStreetMarketNews will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.
The Service may provide, or third parties may provide, links to other websites or resources. Because WallStreetMarketNews has no control over such sites and resources, you acknowledge and agree that WallStreetMarketNews is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that WallStreetMarketNews shall not be responsible or liable, directly or indirectly, for any damage or loss of any sort caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. WALLSTREETMARKETNEWS'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through the Service or by advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by WallStreetMarketNews or an advertiser, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, the Software, or advertisers. Content, in whole or in part.
WallStreetMarketNews may grant you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer or device; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, infringe or otherwise transfer or attempt to transfer any Rights in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WallStreetMarketNews for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WALLSTREETMARKETNEWS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WALLSTREETMARKETNEWS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OR OTHERS. COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WALLSTREETMARKETNEWS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU ACKNOWLEDGE AND AGREE THAT WALLSTREETMARKETNEWS USES COMMERCIALLY REASONABLE EFFORTS TO PROTECT ITS MEMBERS, BUT THAT WALLSTREETMARKETNEWS DOES NOT GUARANTEE THAT THE USE OF THE SERVICE WILL BE SAFE OR SECURE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, AND TO THE EXTENT THAT A JUDGMENT IS RENDERED IN A COURT OF COMPETENT JURISDICTION DISREGARDING ONE OR MORE OF THE WARRANTY DISCLAIMER AND LIABILITY LIMITATION COVENANTS CONTAINED HEREIN, WALLSTREETMARKETNEWS’S AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID WALLSTREETMARKETNEWS IN THE PAST TWELVE MONTHS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WALLSTREETMARKETNEWS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLES (EVEN IF WALLSTREETMARKETNEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
OTHER WALLSTREETMARKETNEWS MEMBERS, WITH WHOM YOU CHOOSE TO ASSOCIATE, CONNECT, INTERACT AND/OR SHARE CONTENT AND COULD USE YOUR CONTENT AND/OR LIKENESS IN A MANNER YOU DISLIKE, DISAPPROVE OF OR OTHERWISE FIND OFFENSIVE. HOWEVER, YOU AGREE NOT TO ASSERT ANY CLAIMS, ACTIONS OR DEMANDS AGAINST WALLSTREETMARKETNEWS IN CONNECTION WITH SUCH USE OR ACTIVITIES, WHETHER SUCH USE OR ACTIVITIES ARE AUTHORIZED BY THESE TOS OR NOT.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU.
20. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries of this agreement.
WallStreetMarketNews may provide you with notices, including those regarding changes to the TOS, either by email, regular mail, or postings on the Service.
22. TRADEMARK INFORMATION
WallStreetMarketNews trademarks and service marks and other WallStreetMarketNews logos and product and service names are trademarks of WallStreetMarketNews (the "WallStreetMarketNews Marks"). Without WallStreetMarketNews's prior permission, you agree not to display or use, in any manner, the WallStreetMarketNews Marks.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
WallStreetMarketNews respects the intellectual property of others, and we ask our Members to do the same. WallStreetMarketNews may, in appropriate circumstances and at its sole discretion, disable and/or terminate the accounts of Members whom WallStreetMarketNews believes are or may be infringers and, particularly, repeat infringers. WallStreetMarketNews reserves the right to terminate or reclaim your account if WallStreetMarketNews believes appropriate (for example, if WallStreetMarketNews believes that your username infringes third party’s trademark rights). If you believe that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide WallStreetMarketNews's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
WallStreetMarketNews's Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
WallStreetMarketNews will consider the information you provide and other information it may obtain. In its sole discretion, and notwithstanding the permissions you provided in these TOS, WallStreetMarketNews may remove any Content that it finds may have infringed on your Rights.
24. GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you and WallStreetMarketNews and govern your use of the Service, superseding any prior agreements between you and WallStreetMarketNews. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other WallStreetMarketNews services, affiliate services, third-party content or third-party software.
Governing Law This TOS shall be governed by and construed in accordance with the laws of the State of New Jersey without regard to the conflicts of laws principles thereof.
Disputes. You agree that any dispute relating in any way to your access and/or use of WallStreetMarketNews, these TOS, or to the use or access of WallStreetMarketNews by third parties shall exclusively be submitted to a confidential arbitration in Princeton, NJ. To the extent that you have in any manner violated or threatened to violate any of WallStreetMarketNews's Rights or WallStreetMarketNews Marks, WallStreetMarketNews may seek injunctive or other appropriate relief in the state or federal courts of Princeton or, at WallStreetMarketNews’s election, some other court in which jurisdiction over you would proper. You agree to the exclusive jurisdiction and venue of the Princeton state and federal courts (or such other court as WallStreetMarketNews may so elect) for the resolution of any disputes between or involving you and us.
Arbitration under this agreement shall be conducted under the then current rules of the American Arbitration Association: however, notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award you attorneys’ fees. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these TOS shall be joined to an arbitration involving any other party subject to these TOS, whether through class arbitration proceedings or otherwise.
Waiver and Severability of Terms. The failure of WallStreetMarketNews to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found to be invalid by an arbitrator or pursuant to the disputes section above a court of competent jurisdiction, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision. The other provisions of the TOS shall remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your WallStreetMarketNews account is non-transferable and any rights to your WallStreetMarketNews I.D. or account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within 6 months after such claim or cause of action arose or be forever barred.
Headings. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Assignment. These TOS, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WallStreetMarketNews without restriction.
If you are located outside the United States, you acknowledge and agree to having your data transferred to and processed in the United States.
Please report any violations of the TOS to violations@WallStreetMarketNews.com
26. PHYSICAL ADDRESS
PO Box 7182
Princeton, NJ 08543-7182.