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.
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.
1. Your Acceptance
2. Links to Other Websites
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
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 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.
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.
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
1840 41st Avenue
Capitola, CA 95010
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
1840 41st Avenue
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.
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
(i) your use of and access to the Site;
(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
13. Term and Termination
14. Governing Law
15. Entire Agreement/Severability
16. No Waiver