PredictWallStreet Terms of Use
PredictWallStreet, LLC ("PredictWallStreet") provides a prediction community forum
and services associated therewith for the sharing of finance and investment-related
content on and through the Internet (collectively, the "Services") by our users
through Applications ("Applications") that run on a variety of container sites,
including but not limited to Facebook and MySpace and other third-party container
sites, and on the PredictWallStreet website (the "PredictWallStreet Website"), located
at www.PredictWallStreet.com (collectively, the "Site"). PredictWallStreet offers
the Site as a forum to encourage sharing of finance related information, including
user predictions regarding stock price direction.
Please read the following important terms and conditions ("Terms of Use") carefully.
These Terms of Use govern your access to and use of the Site. This is a legal agreement
between you and PredictWallStreet.
YOU UNDERSTAND THAT BY CHECKING THE "I have read and accept the Terms of Use" CHECKBOX,
OR BY USING THE SITE, OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS
OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS
OR USE THE SITE
In accessing the Site you agree that (1) the Site may publish to other users any
content you post on the Site, (2) you will not use the Site in any way to violate
insider trading laws or other federal or state securities laws and regulations of
the United States, any state or any other country, as applicable, relating to securities
disclosure, securities trading, or investment advisory or brokerage services, (3)
without limiting the general scope of the foregoing, you will not attempt to trade
in a security in advance of posting information concerning that security, publish
defamatory or misleading information concerning any security or issuer, manipulate
the price or market for any security or post information that you are obligated
to keep confidential and (4) you will not post any advertisement, solicitation or
information that otherwise violates any applicable local, state, national or foreign
law or regulation.
The Site is hosted in the United States. If you are accessing the Site from
the European Union, Asia, or any other region with laws or regulations governing
personal data collection, use, and disclosure, that differ from United States laws,
please be advised that your continued use of the Site will be governed by United
States law, the Site Privacy Policy, and the Site Terms of Use. Information about
you that we collect or that you submit may be transferred to, processed in, and
held in countries other than the one in which you reside, including countries such
as the United States which the European Union has deemed do not provide "adequate"
protection for personal information.
1. Your Acceptance
Your use of the Site is subject to this Terms of Use Agreement and the current PredictWallStreet
Privacy Policy published at http://www.predictwallstreet.com/privacypolicy.aspx.
Each time you use the Site, you agree to be bound by the following Terms of Use
and our Privacy Policy. If you do not agree to all of these conditions, then you
must immediately discontinue your use of the Site. PredictWallStreet may at any
time revise or amend these Terms of Use, and it is your responsibility to review
the Terms of Use for any changes each time you visit the Site. Your use of the Site
following any revision or amendment of these Terms of Use will signify your assent
to and acceptance of the revised Terms of Use. These Terms of Use apply to all customers,
visitors, users, and others who view the Site ("Users").
2. Links to Other Websites
The Site may contain links to third-party websites that are not owned or controlled
by PredictWallStreet, including links provided by Users. PredictWallStreet has no
control over, and assumes no responsibility for, the content, privacy policies,
or practices of any third-party websites. By using the Site, you expressly relieve
PredictWallStreet from any and all liability arising from your use of any third-party
website. Accordingly, we encourage you to be aware when you leave the Site and to
read the terms of use and privacy policy of other websites that you visit. Unless
we expressly state otherwise, the fact that PredictWallStreet has provided a link
to a site is not an endorsement, authorization, sponsorship, or affiliation with
respect to such site, its owners, or its providers.
3. Information Disclaimer
The Site may provide certain financial market data, quotes, price forecasts, other
forecasts, news, research, predictions, recommendations, and opinions or other financial
information (collectively "Information") that has been independently obtained by
certain financial market information services, financial publishers, various securities
markets including stock exchanges and their affiliates, investment bankers, and
other providers (collectively the "Information Providers") or has been obtained
by PredictWallStreet from Users and/or from other sources including computer algorithms
that may include guessing or other sources of random information.
All data and Information is provided "as is" and the Information is intended solely
as general information for educational and entertainment purposes only and is neither
professional stock broker advice for any investment nor a substitute for other professional
advice and services from qualified financial services providers familiar with your
financial situation. Decisions based on Information contained within the Site are
your sole responsibility. Always seek the advice of your financial advisor or other
qualified financial services provider regarding any investment. The Information
is provided with the understanding that neither PredictWallStreet nor its Users
are engaged in rendering professional services or advice. Your use of the Site is
subject to this disclaimer: PredictWallStreet assumes no responsibility for any
consequences relating directly or indirectly to any action or inaction you take
based on the Information or other material on this Site.
PredictWallStreet does not guarantee or certify the accuracy, completeness, timeliness,
or correct sequencing of the Information made available through PredictWallStreet,
the Information Providers, or any other third party transmitting the Information
(the "Information Transmitters"). You agree that PredictWallStreet, the Information
Providers, and the Information Transmitters shall not be liable in any way for the
accuracy, completeness, timeliness, or correct sequencing of the Information, or
for any decision made or action taken by you relying upon the Information.
PredictWallStreet expressly disclaims all liability for errors in the accuracy of
financial forecasts that it emphasizes contain inherent inaccuracies because they
are based on information from other Users as well as algorithms that incorporate
guessing. Users agree that if the Information is inadvertently biased or PredictWallStreet's
algorithms for aggregating and presenting the Information is flawed, PredictWallStreet
shall not be liable for any injury, loss, or any other claim of a User.
You further agree that PredictWallStreet, the Information Providers, and the Information
Transmitters will not be liable in any way for the interruption or cessation in
the providing of any data, Information, or other aspect of the Site. PredictWallStreet
is not responsible for, and makes no warranties regarding, the access, speed, or
availability of the Internet in general or the Site in particular. PredictWallStreet
reserves the right to modify or discontinue, temporarily or permanently, all or
any portion of the Site with or without notice.
4. User Information
Certain types of content are made available through the Site. "User Information"
as used in these Terms of Use means, collectively, the information, such as text,
data, reports, analyses, investment information and other content, that Members
post, upload, submit, provide, or otherwise make available to the Site, including
without limitation discussion groups, message boards, profile pages, and personal
information. User Information specifically includes personal information such as
name, likeness, email address, home town, and country, as well as any other information
programmatically available to the Site.
The Site permits the submission of predictions, comments, text, images, Information
or other communications or material you email, post or otherwise transmit through
the Site, including data, price forecasts, predictions, questions, comments, or
suggestions submitted by you and other Users ("User Submissions") and the hosting,
sharing, and/or publishing of such User Submissions. You understand that PredictWallStreet
does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences
of posting or publishing them. In connection with User Submissions, you affirm,
represent, and/or warrant that you own or have the necessary licenses, rights, consents,
and permissions to use, display, and authorize PredictWallStreet to use and display
your User Submissions. In connection with User Submissions, you agree that you will
not submit material that is in violation of U.S. Securities and Exchange Commission
rules regarding selective disclosure by issuers of material nonpublic information
("tipping" and insider trading), copyrighted, trade marked, protected by trade secret,
or otherwise subject to third party proprietary rights, including privacy and publicity
rights, unless you are the owner of such rights or have permission from their rightful
owner to post the material and to grant PredictWallStreet all of the license rights.
You shall retain all of your ownership rights in your User Submissions. However,
by submitting the User Submissions to PredictWallStreet, you hereby grant PredictWallStreet
a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual,
sublicenseable, and fully transferable license to use, reproduce, distribute, prepare
derivative works of, and display the User Submissions in connection with the Site
and PredictWallStreet's business. You grant PredictWallStreet the right to use any
of your User Submissions to conduct studies and develop forecasts, price forecasts
and reports, which it may display on the Site and use for any other purpose. You
also grant PredictWallStreet and its affiliates the right to use your User Submissions
to make trades. . You also hereby grant each User a non-exclusive license to access
your User Submissions through the Site, and to use, reproduce, distribute, prepare
derivative works of, and display such User Submissions as permitted under these
Terms of Use. To the extent you do not have ownership rights to any of your User
Submissions, you shall indemnify PredictWallStreet for any claim regarding PredictWallStreet's
use of your User Submissions.
You understand that when using the Site, you will be exposed to User Submissions
from a variety of sources, and that PredictWallStreet is not responsible for the
accuracy, usefulness, safety, or intellectual property rights of or relating to
such User Submissions. You further understand and acknowledge that you may be exposed
to User Submissions that are inaccurate, offensive, indecent, or objectionable,
and you agree to waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against PredictWallStreet with respect thereto, and agree to
indemnify and hold PredictWallStreet, its affiliates, and/or licensors, harmless
to the fullest extent allowed by law regarding all matters related to your use of
the Site.
PredictWallStreet reserves the rights to remove and permanently delete any User
Information from the Site without notice.
5. Use of the Site.
PredictWallStreet hereby grants you permission to use the Site as set forth in these
Terms of Use provided that you will comply with the Terms of Use and with any Information
Providers' terms of use linked to the Site.
Much of the Information on the Site provided by Information Providers, including
but not limited to price forecasts for stocks or other securities, is licensed to
us by others; therefore, your use of Information may be governed by an Information
Provider's terms of use. You agree not to use, copy, modify, reformat, create derivative
works, publicly display, download, store, reproduce, transmit, provide links to,
republish, upload, post, reprocess or distribute any content on the Site, including
without limitation, the text, scripts, graphics, software, data, Information, photos,
and the like ("Content") or use any Content for commercial purposes without obtaining
prior written consent from PredictWallStreet and/or the appropriate third party.
You may download material displayed on the Site for non-commercial, personal use
only. If you download material, you agree to maintain all copyright and other proprietary
notices contained on the materials.
To access some features of the Site, you will have to register on the Site. You
may never use another's registration without permission. When registering, you must
provide accurate and complete information. You are solely responsible for the activity
that occurs under your registration, and you must keep your password secure.
With the exception of applications commonly known as web browser software, or other
applications formally approved by PredictWallStreet in writing, you agree not to
use any software, program, application, or any other device to access or log on
to the Site or to automate the process of obtaining, downloading, transferring,
or transmitting any content, information, or quotes to or from the Site. You agree
not to use or launch any automated system, including without limitation, "robots,"
"spiders," "scrapers," or "offline readers," to access the Site. Notwithstanding
the foregoing, PredictWallStreet grants the operators of public search engines permission
to use spiders to copy materials from the Site for the sole purpose of creating
publicly available searchable indices of the materials, but not caches or archives
of such materials. You agree not to collect or harvest any personally identifiable
information, including account names, from the Site, nor to use the Site for any
commercial solicitation purposes.
PredictWallStreet may permanently or temporarily terminate, suspend, or otherwise
refuse to permit User's access to the Site without notice and liability, if in PredictWallStreet's
sole determination, User violates any of the Terms of Use, including the following
prohibited acts, which you agree not to perform; (i) use the Site for any illegal
purpose or to submit, transmit or facilitate the distribution of information or
content that is unlawful, illegal, harmful, abusive, racially or ethnically offensive,
vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal
privacy or publicity rights, harassing, libelous, threatening, or in a reasonable
person's view, objectionable; (ii) attempt to interfere with, compromise the system
integrity or security or decipher any transmissions to or from the servers running
the Site; (iii) take any action that imposes an unreasonable or disproportionately
large load on our infrastructure; (iv) upload invalid data, viruses, worms, or other
software to the Site; (v) impersonate another person or otherwise misrepresent User's
affiliation with a person or entity, conduct fraud, hide or attempt to hide User's
identity; (vi) submit, upload, post, email, transmit or otherwise make available
any Information or Content that User does not have a right to make available; (vii)
interfere or attempt to interfere with the proper working of the Site; (viii) bypass
the measures we may use to prevent or restrict access to the Site; or (ix) reverse
engineer, reverse assemble or otherwise attempt to discover any source code.
6. Intellectual Property Rights
PredictWallStreet or their third party data or content providers, including Information
Providers, have exclusive proprietary rights to the Information provided on this
Site. Content and the trademarks, service marks, trade names, icons, and logos contained
therein ("Marks"), including without limitation, the terms "PredictWallStreet,"
"Graphical Prediction Interface," "Talk Ticker," "Alert Ticker," "Tomorrow Ticker,"
"Prediction Throwdown," "Distributed Social," "Instant Trade," and the PredictWallStreet
logos, are owned by PredictWallStreet or licensed to PredictWallStreet and owned
by the Information Provider, and are subject to copyright and other intellectual
property rights under United States and foreign laws and international conventions.
PredictWallStreet and Information Providers retain all proprietary rights in the
Content and Marks. Content and Marks may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any
other purposes whatsoever without the prior written consent of the respective owners.
PredictWallStreet reserves all rights not expressly granted in and to the Site and
the Content.
7. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any User Submission
or other Content infringes upon your copyrights, you may submit a notification pursuant
to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent
with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or,
if multiple copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is to
be disabled and information reasonably sufficient to permit the service provider
to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the
law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.
PredictWallStreet's designated Copyright Agent to receive notifications of claimed
infringement is:
Attn: Copyright Notice
PredictWallStreet LLC
1840 41st Avenue
Suite 102-171
Capitola, CA 95010
email: support@predictwallstreet.com
Telephone: 831-464-0308
You acknowledge that if you fail to comply with all of the requirements of this
Section, your DMCA notice may not be valid.
6. Opt Out Procedure
We may use your information to notify you of important changes to the Site, services,
and special offers. If you do not want to receive such notices, you may use the
following options to opt out of receiving future communications:
A. Send an email message to support@predictwallstreet .com with the word "Remove"
in the subject field; or
B. Send mail to the following postal address:
Customer Support
PredictWallStreet LLC
1840 41st Avenue
Suite 102-171
Capitola, CA 95010
Opting out may prevent you from receiving email messages regarding updates, improvements,
or special offers.
8. Warranty Disclaimer
The information provided through the Site is provided "AS IS" and "AS AVAILABLE."
YOU AGREE THAT YOUR USE OF THE SITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, PREDICTWALLSTREET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF. PREDICTWALLSTREET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY (I) ERRORS, OMISSIONS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY
OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR
ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV)
ANY INTERRUPTION, DELAY OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SITE BY ANY THIRD PARTY, AND/OR (V) 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 SITE. PredictWallStreet
provides no guarantee against the possibility of deletion, mis-delivery or failure
to store communications, personalized settings, or other data. PREDICTWALLSTREET
DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED
WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND PREDICTWALLSTREET WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A
PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR
BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL PREDICTWALLSTREET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS,
BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL
DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR
SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
SITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED
TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT,
(VI) USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD
PARTY, (VII) YOUR USE, OR INABILITY TO USE, ANY PORTION OF THE SITE OR FOR ANY LOSS
OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL
APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Site is controlled and offered by PredictWallStreet from its facilities in the
United States of America. PredictWallStreet makes no representations that the Site
is appropriate or available for use in other countries. Those who access or use
the Site from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
10. Indemnity
You agree to indemnify and hold PredictWallStreet and its affiliates, agents, employees,
and licensors harmless from any and all claims, damages, obligations, losses, liabilities,
costs or debt, and expenses (including but not limited to attorney's fees) arising
from:
(i) your use of and access to the Site;
(ii) your violation of any term of these Terms of Use;
(iii) your violation of any third party right, including without limitation any
copyright, property, or privacy right;
(iv) any claim regarding PredictWallStreet's use of your User Submissions; or
(v) any claim that one of your User Submissions caused damage to a third party.
This defense and indemnification obligation will survive termination of these Terms
of Use or discontinuance of your use of the Site.
11. Ability to Accept Terms of Use
By your use of the Site, you affirm that you are either are at least 18 years of
age, or an emancipated minor, or possess legal parental or guardian consent, and
are fully able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide by
and comply with these Terms of Use. In any case, you affirm that you are 13 years
old or older, as the Site is not intended for children under that age of 13. If
you are under 13 years of age, do not use the Site.
12. Assignment
These Terms of Use and any rights and licenses granted hereunder may not be transferred
or assigned by you, but may be assigned by PredictWallStreet without restriction,
including without limitation, in the event that PredictWallStreet, LLC., forms a
partnership with, is merged with, or is acquired by another company.
13. Term and Termination
Your permission to access the Site under these Terms of Use will immediately terminate
if you fail to comply with any term or condition. Upon such violation, you agree
to terminate access to the Site. You agree that PredictWallStreet, in its sole discretion
and with or without notice, may terminate your access to any or all of the Site,
and remove and discard any Content within the Site. PredictWallStreet may also in
its sole discretion with or without notice discontinue providing the Site. You also
agree that PredictWallStreet will not be liable to you or any third party for any
termination of your access to the Site.
14. Governing Law
You agree that PredictWallStreet and the Site are solely based in California, that
the Site is a passive website and that the Site does not give rise to personal jurisdiction
over PredictWallStreet, either specific or general, in jurisdictions other than
California. You agree that these Terms of Use shall be governed and interpreted
pursuant to the laws of the State of California, notwithstanding any principles
of conflict of law or your actual state or country of residence. You agree to submit
to the personal and exclusive jurisdiction of the courts located within the county
of Santa Cruz, California.
15. Entire Agreement/Severability
These Terms of Use, together with the Privacy Policy and any other legal notices
published by PredictWallStreet on the Site, shall constitute the entire agreement
between you and PredictWallStreet concerning the Site. If any provision of these
Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity
of such provision shall not affect the validity of the remaining provisions of these
Terms of Use, which shall remain in full force and effect.
16. No Waiver
No waiver of any provision of these Terms of Use shall be deemed a further or continuing
waiver of such provision or any other provision, and PredictWallStreet's failure
to assert any right under these Terms of Use shall not constitute a waiver of such
right. YOU AND PREDICTWALLSTREET AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
17. Modification of the Site or Terms of Use
PredictWallStreet reserves the right, in its sole discretion, at any time to modify,
discontinue or terminate the Site, any portion thereof, or any content thereon without
notice, or modify these Terms of Use. We will notify you about significant changes
by sending you a notice to the primary email address specified in your account or
by placing a prominent notice on the Site. If any modified terms and conditions
are not acceptable to you, your sole remedy is to cease using the Site, and if applicable,
cancel your PredictWallStreet account. By continuing to access or use the Site after
PredictWallStreet makes any such revision, you agree to be bound by the revised
Terms of Use.
The Terms of Use were last revised on March 6, 2013.
