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Upickstocks Terms of Use Agreement
Upickstocks.com is an online service that allows users to
search for stock recommendations, share or promote unique
stock ideas, and connect with other individual investors,
among others. The services offered by Upickstocks.com LLC
("Upickstocks" or "we") include the Upickstocks.com Website,
the Upickstocks.com Internet Messaging Service, and any other
features, content, or applications offered from time to time
by Upickstocks in connection with the Upickstocks.com Website
(collectively, the "Upickstocks Services").
This Terms of Use Agreement ("Agreement") sets forth the
legally binding terms for your use of the Upickstocks
Services. By using the Upickstocks Services, you agree to be
bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the Upickstocks.com Website) or
you are a "Member" (which means that you have registered with
the Upickstocks.com Website). The term "User" refers to a
Visitor or a Member. You are only authorized to use the
Upickstocks Services (regardless of whether your access or use
is intended) if you agree to abide by all applicable laws and
to this Agreement. Please read this Agreement carefully and
save it. If you do not agree with it, you should leave the
Upickstocks.com Website and discontinue use of the Upickstocks
Services immediately.
This Agreement includes Upickstocks’ policy for acceptable
use of the Upickstocks Services and Content posted on the
Upickstocks.com Website, your rights, obligations and
restrictions regarding your use of the Upickstocks Services
and Upickstocks' Privacy Policy. You may receive a copy of
this Agreement by emailing us at: support@upickstocks.com.
Upickstocks may modify this Agreement from time to time and
such modification shall be effective upon posting by
Upickstocks on the Upickstocks.com Website. You agree to be
bound to any changes and potential future changes to this
Agreement when you use the Upickstocks Services after any such
modification is posted. It is therefore important that you
review this Agreement regularly to ensure you are updated as
to any changes. The date this Agreement was last modified will
be reflected at the bottom of this Agreement.
Upickstocks reserves the right, in its sole discretion, to
reject, refuse to post or remove any posting (including
private messages) by you, or to restrict, suspend, or
terminate your access to all or any part of the Upickstocks
Services at any time, for any or no reason, with or without
prior notice, and without liability.
1. Eligibility. Use of and Membership in the Upickstocks
Services is not valid where prohibited. By using the
Upickstocks Services, you represent and warrant that (a) all
registration information you submit is truthful and accurate;
(b) you must maintain the accuracy of such information; (c)
your use of the Upickstocks Services does not violate any
applicable law or regulation. Your profile may be deleted and
your Membership may be terminated without notice.
2. Term. This Agreement shall remain in full force and
effect while you use the Upickstocks Services or are a Member.
You may terminate your Membership at any time, for any reason.
Upickstocks may terminate your Membership at any time, without
notice for any reason.
3. Password. When you sign up to become a Member, you will
also be asked to choose a password. You are entirely
responsible for maintaining the confidentiality of your
password. You agree not to use the account, username, or
password of another Member at any time or to disclose your
password to any third party. You agree to notify Upickstocks
immediately if you suspect any unauthorized use of your
account or access to your password by emailing us at
support@upickstocks.com. You are solely responsible for any
and all use of your account.
4. Non-commercial Use by
Members. The Upickstocks Services
are for the personal use of Members only and may not be used
in connection with any commercial endeavors except those that
are specifically endorsed or approved in writing by
Upickstocks. Illegal and/or unauthorized use of the
Upickstocks Services, including collecting usernames and/or
email addresses of Members by electronic or other means for
the purpose of sending unsolicited email or unauthorized
framing of or linking to the Upickstocks.com Website is
strictly prohibited. Appropriate legal action will be taken
for any illegal or unauthorized use of the Upickstocks
Services.
5. Proprietary Rights in
Content on Upickstocks.
1. Upickstocks does not claim any ownership rights in the
text, or any other materials (collectively, "Content") that
you post to the Upickstocks Services. After posting your
Content to the Upickstocks Services, you continue to retain
all ownership rights in such Content, and you continue to have
the right to use your Content in any way you choose. By
displaying or publishing ("posting") any Content on or through
the Upickstocks Services, you hereby grant to Upickstocks a
limited license to use, modify, publicly perform, publicly
display, reproduce, and distribute such Content solely on and
through the Upickstocks Services or any associated channels.
Without this license, Upickstocks would be unable to
provide the Upickstocks Services. You represent and warrant
that: (i) you own the Content posted by you on or through the
Upickstocks Services or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of
your Content on or through the Upickstocks Services does not
violate the privacy rights, publicity rights, copyrights,
contract rights or any other rights of any person. You agree
to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through
the Upickstocks Services.
2. The Upickstocks Services contain Content of Upickstocks
("Upickstocks Content"). Upickstocks Content is protected by
copyright, trademark, patent, trade secret and other laws, and
Upickstocks owns and retains all rights in the Upickstocks
Content and the Upickstocks Services. The Upickstocks Services
contain Content of Users and other Upickstocks licensors.
Except for Content posted by you, you may not copy, modify,
translate, publish, broadcast, transmit, distribute, perform,
display, or sell any Content appearing on or through the
Upickstocks Services.
6. Content Posted.
1. Upickstocks may delete any Content that in the sole
judgment of Upickstocks violates this Agreement or which may
be offensive, illegal, violates the rights, harms, or
threatens the safety of any person. Upickstocks assumes no
responsibility for monitoring the Upickstocks Services for
inappropriate Content or conduct. If at any time Upickstocks
chooses, in its sole discretion, to monitor the Upickstocks
Services, Upickstocks nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct
of the User submitting any such Content.
2. You are solely responsible for the Content that you post
on or through any of the Upickstocks Services, and any
material or information that you transmit to other Members and
for your interactions with other Users. Upickstocks does not
endorse and has no control over the Content. Content is not
necessarily reviewed by Upickstocks prior to posting and does
not necessarily reflect the opinions or policies of
Upickstocks. Upickstocks makes no warranties, express or
implied, as to the Content or to the accuracy and reliability
of the Content or any material or information that you
transmit to other Members.
7. Content/
Prohibited. The following is a partial list of
the kind of Content that is illegal or prohibited to post on
or through the Upickstocks Services. Upickstocks reserves the
right to investigate and take appropriate legal action against
anyone who, in Upickstocks’ sole discretion, violates this
provision, including without limitation, removing the
offending communication from the Upickstocks Services and
terminating the Membership of such violators. Prohibited
content includes but is not solely limited to the following:
1. Content that contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
2. promotes bigotry, racism, hatred or physical harm of any
kind against any group or individual;
3. solicits personal information from anyone under 18;
4. promotes information that you know is false or
misleading or promotes illegal activities or conduct that is
abusive, threatening, obscene, defamatory or libelous;
5. involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing, instant messaging, or
spamming;
6. furthers or promotes any criminal activity or enterprise
or provides instructional information about illegal activities
including, but not limited to making or buying illegal
weapons, violating someone's privacy, or providing or creating
computer viruses;
7. solicits passwords or personally identifiable
information for commercial or unlawful purposes from other
Users;
8. advertising to, or solicitation of, any Member to buy or
sell any products or services through the Upickstocks
Services. You may not transmit any chain letters or junk email
to other Members. It is also a violation of these rules to use
any information obtained from the Upickstocks Services in
order to contact, advertise, solicit, or sell to any Member
without their prior explicit consent. In order to protect our
Members from such advertising or solicitation, Upickstocks
reserves the right to restrict the number of emails which a
Member may send to other Members in any 48-hour period to a
number which Upickstocks deems appropriate in its sole
discretion. If you breach this Agreement and send unsolicited
bulk email, or other unsolicited communications of any kind
through the Upickstocks Services, you acknowledge that you
will have caused substantial harm to Upickstocks and to the
Upickstocks Services, but that the amount of such harm would
be extremely difficult to ascertain;
9. using the Upickstocks Services in a manner inconsistent
with any and all applicable laws and regulations.
8. Copyright
Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks,
or other proprietary information belonging to others without
obtaining the prior written consent of the owner of such
proprietary rights. It is the policy of Upickstocks.com to
terminate Membership privileges of any Member who infringes
the copyright rights of others upon receipt of prompt
notification to Upickstocks by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing,
if you believe that your work has been copied and posted on
the Upickstocks Services in a way that constitutes copyright
infringement, please email us at support@upickstocks.com.
Additional contact information for Upickstocks is available on
our Website by clicking here.
9. Member Disputes. You are solely responsible for your
interactions with other Upickstocks Members. Upickstocks
reserves the right, but has no obligation, to monitor disputes
between you and other Members.
10. Privacy. Use of the Upickstocks Services is also
governed by our Privacy Policy, which is incorporated into
this Agreement by this reference.
11. Disclaimers.
1. Content. Upickstocks cannot and does not guarantee that
the information posted or archived on the site is accurate,
reliable, current, complete or appropriate for your needs.
Certain information accessible through the Upickstocks
Services is provided by users of the Upickstocks Services or
by parties with whom Upickstocks has no relationship. Other
information that Upickstocks obtains from third parties, such
as financial quotes, graphs, or news (collectively, the “Data
Providers”), is obtained from sources believed to be reliable.
However, due to various factors, including the inherent
possibility of human and mechanical error, the accuracy,
completeness, timeliness, results obtained from use or correct
filtering of the information in the Upickstocks Services is
not and cannot be guaranteed by Upickstocks or by any user
developing or submitting such information to Upickstocks. For
more information about our Data Providers, you should read our
Data Providers’ Terms of Use and disclaimers which can be
accessed via a link on the bottom of all search results pages.
2. Links and Other Third
Party Content. From time to time, the Upickstocks
Services may provide you with the ability to access
certain content from third parties, through links to the
websites of such other parties or through content that
other parties, themselves, post on the Upickstocks.com
Website. When you access such third party content,
YOU PROCEED AT YOUR OWN RISK
. Upickstocks does not guarantee that it will
screen such content or that such content will be accurate,
free from errors, consistent with what it purports to be or
appropriate to fit your needs. You agree that Upickstocks
shall not be held liable for any trading activities or other
activities that occur on any website you access through links
on the Upickstocks.com Website. We provide these links as a
convenience, and do not endorse the content or services
offered by these other sites.
12. Limitation on
Liability. In no event shall Upickstocks
be liable to you or any third party for any indirect,
consequential, exemplary, incidental, special or punitive
damages, including lost profit damages arising from your use
of the Upickstocks Services, even if Upickstocks has been
advised of the possibility of such damages.
13. Disputes. If there is any dispute about or involving
the Upickstocks Services, you agree that the dispute shall be
governed by the laws of the State of Delaware, United States
of America in a court of competent jurisdiction.
14. Indemnity. You agree to indemnify and hold Upickstocks,
its subsidiaries, and affiliates, and their respective
officers, agents, partners and employees, harmless from any
loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out
of your use of the Upickstocks Services in violation of this
Agreement and/or arising from a breach of this Agreement
and/or any breach of your representations and warranties set
forth above and/or if any Content that you post on the
Upickstocks.com Website or through the Upickstocks Services
causes Upickstocks to be liable to another.
15. Other. This Agreement is accepted upon your use of the
Upickstocks.com Website or any of the Upickstocks Services and
is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and Upickstocks
regarding the use of the Upickstocks Services. The failure of
Upickstocks to exercise or enforce any right or provision of
this Agreement shall not operate as a waiver of such right or
provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect.
Upickstocks.com is a trademark of Upickstocks.com, LLC. This
Agreement operates to the fullest extent permissible by law.
If any provision of this Agreement is unlawful, void or
unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability
of any remaining provisions.
Please contact us at support@upickstocks.com with any
questions regarding this Agreement.
Date Last Modified: This Agreement was last modified on
November 11, 2006.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE
PROVISIONS CONTAINED ABOVE.
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