THIS AGREEMENT WAS LAST UPDATED ON SEPTEMBER 17, 2013
2. Legal Disclaimer.TalkMarkets.com LLC is a content provider and publisher and is not a registered broker-dealer. By accessing the TalkMarkets website and/or using TalkMarkets products and services, including without limitation, any and all content available on or through the Service, you understand and agree that the material provided in TalkMarkets products and services is for informational and educational purposes only, and that no mention of a particular security in any TalkMarkets product or service constitutes a recommendation to buy, sell, or hold that or any other security, or that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand and agree that none of the information providers or their affiliates will advise you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent any of the information contained in any TalkMarkets product or service may be deemed to be investment advice, such information is impersonal and not tailored or directed to the investment needs of any specific person.
You understand and agree that any TalkMarkets product or service may contain opinions from time to time with regard to any securities mentioned in other TalkMarkets products or services, and that those opinions may be different from those contained in another TalkMarkets products or services. You understand and agree that, from time to time, any or all of the information providers or their affiliates may hold positions in securities mentioned and that they may trade for their own account. In cases where the position is held at the time of publication, appropriate disclosure is made as of the time of publication.
You understand and agree that performance data is supplied by sources believed to be reliable, that the calculations in any TalkMarkets publication or service are made using such data, and that such data is not guaranteed by these sources, the information providers, or any other person or entity, and may not be accurate or complete.
When U.S. exchanges are open, stock and fund quotes are at least 15 minutes old. When U.S. exchanges are not open, quotes are only current as of the close of the most recent day of trading.
BEFORE SELLING OR BUYING ANY STOCK OR OTHER INVESTMENT YOU SHOULD CONSULT WITH A QUALIFIED BROKER OR OTHER FINANCIAL PROFESSIONAL TO VERIFY PRICING INFORMATION AND TO SOLICIT ADVICE AS TO THE APPROPRIATENESS OF A GIVEN TRANSACTION OR INVESTMENT.
3. Registration. In order to access certain features of the Service, you will have to become a registered user of TalkMarkets by subscribing and creating a TalkMarkets account. When you create your account, you must provide accurate and complete information, and keep that information up to date. You are solely responsible for maintaining the confidentiality of your user name and password and for any and all activities that are conducted through your account. You may never use another user's account without permission.
Furthermore, you are responsible for any fees or charges incurred by accessing TalkMarkets through an Internet access provider or other third party service.
By providing TalkMarkets with your email address you consent to our using the email address to send you Service-related notices, including any notice required by law, in lieu of written communication by postal mail. We may also use your email address to send you other messages, including changes to TalkMarkets features and special offers. If you do not want to receive such email messages, you may opt out by clicking the Unsubscribe button on the bottom of the email or by sending an email message to support [@] talkmarkets.com with the word "Unsubscribe" in the subject field or by sending mail to the following postal address:
39 Cleveland Ave.
Highland Park, NJ 08904
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers.
5. User Content. Some areas of the Service may allow users to post feedback, comments, questions, and other information ("User Content"). You are solely responsible for your User Content that you upload, publish, display, link to or otherwise make available (hereinafter, "post") on the Service, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have a right to grant, to TalkMarkets a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use in connection with the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) may constitute or contribute to a crime or tort; (iv) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable; (v) contains any information or content that is illegal; (vi) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships, including without limitation material, non-public information about companies that you are not authorized to disclose; (vii) contains any information or content that you know is not correct and current; or (viii) contains advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us). You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below), rights of publicity and privacy. TalkMarkets reserves the right, but is not obligated, to reject and/or remove any User Content that TalkMarkets believes, in its sole discretion, violates these provisions.
For the purposes of this Agreement, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
TalkMarkets takes no responsibility and assumes no liability for any User Content that you or any other Users or third parties post or send over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post, transmit, display, or otherwise make available or access through your use of the Service, is solely your responsibility. TalkMarkets is not responsible for any public display or misuse of your User Content. You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree that TalkMarkets shall not be liable for any damages you allege to incur as a result of such User Content.
You are solely responsible for your interactions with other TalkMarkets users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
6. Limitations on Use. a. Access to the subscriber areas of TalkMarkets is solely limited to the registered subscriber and is non-transferable to any third party. Only one individual may access TalkMarkets at the same time using the same user name or password, unless otherwise expressly permitted in writing by TalkMarkets.
b. The content available through TalkMarkets , including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos and music (the "Content"), and all Intellectual Property Rights related thereto, is our property or the property of our licensors and is protected by copyright and other intellectual property laws. You may display or print the Content for your personal, non-commercial use only. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, personal license to use the Service. TalkMarkets reserves all rights not expressly granted herein in the Service and its Content. TalkMarkets may terminate this license at any time for any reason or no reason.
You agree not to sell, publish, license, rent, modify, distribute, copy, reproduce, transmit, retransmit, publicly display, publicly perform, adapt, edit, create derivative works from, or otherwise provide access to the Content to anyone, with the following two exceptions:
(i) You may occasionally distribute a copy of an article or a portion of an article from TalkMarkets in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in TalkMarkets, original source attribution, and the phrase "Used with permission from TalkMarkets.com" or "Used with permission from TalkMarkets.com LLC" Please contact us if you need to distribute content from TalkMarkets to a larger number of individuals, on a regular basis or in any other manner not expressly permitted by this Agreement. You can contact us via the "Contact Us" section of TalkMarkets, located in the Company section in the main navigation on the bottom of every page.
(ii) You may share (via whatever sharing we are setting up, we have to spell that out)
c. You agree not to create abstracts from, scrape, frame, or display headlines from our Content for use on another web site or service. Without limiting the generality of this Section, you agree not to post any Content from TalkMarkets to newsgroups, mail lists or electronic bulletin boards, without our written consent.
To request consent for uses of the Content and Service not expressly permitted by this Agreement, please contact TalkMarkets customer service at support [@] talkmarkets.com.
d. You agree not to use TalkMarkets for any unlawful purpose. We reserve the right to terminate or restrict your access to TalkMarkets at any time and without notice if, in our opinion, your use of TalkMarkets may violate any laws, infringe upon another person's rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive.
8. Code of Conduct. While using any TalkMarkets product or service, you agree not to:
9. DMCA Notice. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify TalkMarkets's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit TalkMarkets to contact you, such as your address, telephone number, and, e-mail address;
5. 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 law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice
39 Cleveland Ave.
support [@] talkmarkets.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying TalkMarkets and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with TalkMarkets's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, TalkMarkets has adopted a policy of terminating, in appropriate circumstances, and at TalkMarkets's sole discretion, members who are deemed to be repeat infringers. TalkMarkets may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Additional Representations and Warranties. You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with User Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
a. You are at least 18 years of age, or if you are under 18 years of age you are either 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 this Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and TalkMarkets's use thereof as contemplated by this Agreement and the Service will not infringe any rights of any third party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
12. Disclaimers of Warranties and Limitations on Liability . YOU AGREE THAT YOUR ACCESS TO AND USE OF TalkMarkets AND THE CONTENT AVAILABLE THROUGH TalkMarkets IS ON AN "AS-IS", "AS AVAILABLE" BASIS. TalkMarkets LLC AND ITS SUBSIDIARIES, AFFILIATES, INTEREST HOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND CONTRIBUTORS AND LICENSORS ("THE TalkMarkets PARTIES") SPECIFICALLY DISCLAIM ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, THE TalkMarkets PARTIES DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF TalkMarkets PRODUCTS OR SERVICES, THE MATERIALS ON OUR WEB SITE AND ANY MATERIALS PROVIDED THROUGH OUR WEB SITE ARE ENTIRELY AT YOUR OWN RISK.
YOU ACKNOWLEDGE THAT THE TalkMarkets PARTIES WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF TalkMarkets FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE "EXCLUDED DAMAGES"), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE TalkMarkets PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
YOU AGREE THAT THE MAXIMUM LIABILITY OF THE TalkMarkets PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION UNDER THIS AGREEMENT SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO ANY TalkMarkets PRODUCTS OR SERVICES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled from its facilities in the United States. TalkMarkets makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
13. General. This Agreement contains the final and entire agreement between you and TalkMarkets Media, INC regarding your use of TalkMarkets and supersedes all previous and contemporaneous verbal or written negotiations, understandings, or agreements regarding your use of TalkMarkets. TalkMarkets, LLC may discontinue or change TalkMarkets, or its availability to you, at any time. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of New York, United States of America applicable to contracts made entirely within New York and wholly performed in New York, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in New York . This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
14. Indemnification. You agree to indemnify, defend and hold the TalkMarkets Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to our web sites infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Service or any TalkMarkets products or services.
15. Notification Procedures. TalkMarkets may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by TalkMarkets in our sole discretion. TalkMarkets reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.