February 23, 2012
8:53:02 AM EST
InvestorsPoll.com - Terms of Service
Terms of Service
Terms of Use
Data is provided for information purposes only and is not intended for trading purposes.
InvestorsPoll.com shall not be liable for any errors or delays in content, or for any actions taken
in reliance thereoff. InvestorsPoll.com, the InvestorsPoll.com Logo and other Logos are registered
trademarks of InvestorsPoll.com. (Data delayed 15 minutes.)
PLEASE SCROLL DOWN AND READ THESE TERMS OF USE.
These Terms of Use (the "Agreement") govern your use of InvestorsPoll.com, and unless other terms
and conditions expressly govern, other web sites from InvestorsPoll.com that are made available
from time, including without limitation, any Web pages, services, content, newsletters, databases
and information therein.
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND
CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, INVESTORSPOLL.COM IS NOT WILLING TO PROVIDE YOU
WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. Changes to the Agreement. We may modify this Agreement from time to time in our sole discretion
and without notice to you. You should review this Agreement periodically to ensure familiarity with
its then-current terms and conditions. Your continued use of the Services following any
modification of this Agreement shall constitute your acceptance of such modifications to this
Agreement.
2. Additional Terms of Use Some Services or content sets available through the Services may have
additional terms, conditions and restrictions associated with them and will be posted on such
Services or content sets. You agree that such additional terms, conditions and restrictions will
apply to your use of such Services or content sets and if there is a conflict with this Agreement,
such additional terms, conditions and restrictions will control.
3. Ownership; General Limitations on Use.
3.1. Ownership. You acknowledge and agree that the text, information, data, graphics,
images, audio, video, design, organization, compilation, meta data, look and feel, advertising and
all other protectable intellectual property (the "Content") available through the Services is our
property, the property of our advertisers or our third party licensors or suppliers (such licensors
and suppliers are referred to as "Information Providers") and is protected by copyright and other
intellectual property laws.
3.2. Limitations on Use. Unless you have our written consent in advance, you may not
reproduce, sell, publish, distribute, retransmit, disseminate, perform, display, broadcast, create
new works from, or commercially exploit the Content available through the Services, with the
following two exceptions:
3.2.1. To the extent that we feature email or other sharing functionality on a
particular article in the Services, you may use email or other featured sharing functionality to
share such article with other individuals.
3.2.2. For articles that are written and published by InvestorsPoll.com, you may
occasionally distribute a copy of an article, or a portion of an article, from a Service 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 the Services. For
articles and other content that is not Proprietary Content, you should not assume that you have the
rights granted in this Section 3.2.2. Your rights will be limited any special terms, conditions and
restrictions applicable to such content that is set forth below in this Agreement or on or near the
content set.
You agree to access the Services manually by request and not programmatically by
macro or other automated means.
3.3. Premium Products. Certain Services and content sets are only available after additional
registration and/or payment of a fee.
3.4. No Modification of Content. You agree not to rearrange or modify the Content. You agree
not to create abstracts from, scrape or display headlines from the Content for use on another web
site or service or use the Content for commercial purposes, including without limitation
algorithmic trading programs. You agree not to upload, post or submit any Content from the Services
to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services we
specifically provide for that purpose (e.g., an RSS Feed) or after we give our written consent in
advance.
4. User Content (User Generated Content); Message Boards.
4.1. Content. We offer users the opportunity to tag, rate, vote, offer predictions and
comment on and engage in discussions regarding articles, companies and various topics. Any content,
information, graphics, audio, images, and links you submit as part of creating your profile or in
connection with any of the foregoing activities is referred to as "User Content" in this Agreement
and is subject to various terms and conditions as set forth below.
4.2. Cautions Regarding Content. You understand and agree that User Content includes
information, views, opinions, and recommendations of many individuals and organizations and is
designed to help you gather the information you need to help you make your own decisions.
Importantly, you are responsible for your own investment decisions and for properly analyzing and
verifying any information you intend to rely upon. We do not endorse any recommendation or opinion
made by any User. We do not routinely screen, edit, or review User Content. However, we reserve the
right to monitor or remove any User Content from the Services at any time without notice. You
should be aware that other Users may not be who they say they are. You should also be aware that
other users may use our Services for personal gain. As a result, please approach messages with
appropriate skepticism. User Content may be misleading, deceptive, or in error.
4.3. Grant of Rights and Representations by You. If you upload, post or submit any Content
on a Service, you represent to us that you have all the necessary legal rights to upload, post or
submit such User Content and it will not violate any law or the rights of any person. You agree
that upon uploading, posting or submitting information on the Services, you grant us, and our
respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up,
royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform,
display, reproduce, and create derivative works from your User Content in any and all media, in any
manner, in whole or part, without any duty to compensate you. You also grant us the right to
authorize the use of Content, or any portion thereof, by users in accordance with the terms and
conditions of this Agreement, including the rights to feature your Content specifically on the
Services and to allow other users to request access to your User Content.
4.4. Removal. We may also remove any User Content for any reason and without notice to you.
This includes all materials related to your use of the Services, including postings or other
personalized information you have created while on the Services.
4.5. Rules of Conduct. All users of the Services must comply with the following rules of
conduct:
* You will not stalk or harass another when using the Services.
* You will not interfere with others' use of the Services, including by
interrupting other users' sessions, scrolling down (automatically or manually) to make it difficult
for them, or otherwise act in a way that negatively affects other users' enjoyment of the Services.
* You will not attempt to harvest any email addresses for any commercial use and
you will not collect or store personal information about any other individual on the Services.
* You will not use the Services for illegal purposes and you will not upload, post
or submit any User Content that is obscene or may be hateful or offensive on racial, ethnic, sexual
or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades
another person's privacy or proprietary rights.
* You will not impersonate any other person or misrepresent a relationship with any
person or entity, including misrepresenting a relationship with InvestorsPoll.com, similarly, you
will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
* You will not upload, post or submit any User Content that contains any viruses,
cancel bots, Trojan horses, harmful code, or other computer software or program designed to
interrupt the Services we provide, users' ability to enjoy the Services, or the proper functioning
of any software, hardware or equipment or materials used in connection with the Services.
* You will not send any bulk unsolicited advertising, promotional information,
commercial email or other solicitation (including without limitation junk mail, "spam," chain
letters or pyramid schemes of any sort) to any person through the use of the Services.
* You should demonstrate appropriate respect for other Users. If you disagree with
an opinion on the Services, feel free to challenge that opinion with a posting of your own. You
should, however, refrain from ever personally attacking the person making the posting.
* You will not violate any applicable local, state, national or international law,
including, but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, or any rules of any national or other securities exchange.
* You will not upload, post, submit 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).
* You will not upload, post or submit or otherwise make available any Content that
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
* You will not upload, post or submit improper or off-topic messages.
4.6. Copyright/IP Policy. It is our policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act. For more information about our policy,
please see our Copyright/IP Policy.
5. Termination. InvestorsPoll.com may discontinue or change all or any of the Services, or their
availability to you, immediately, in its sole discretion, at any time without cause.
InvestorsPoll.com may terminate this Agreement and your access to and use of the Services, or any
portion thereof, immediately, in its sole discretion, at any time without cause.
6. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE
CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WE AND OUR
INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. We do not give tax or investment advice or advocate the purchase or sale of
any security or investment. You should always seek the assistance of a professional for tax and
investment advice. Certain information and data provided in connection with these Services may be
delayed as specified by financial exchanges or Information Providers. InvestorsPoll.com and the
Information Providers furnish the information available in connection with these Services without
responsibility for accuracy and you agree that errors or omissions contained in such information
shall not be made the basis for any claim, demand or cause of action against InvestorsPoll.com or
any Information Provider. We may link to, or promote, web sites or services from other companies or
offer you the ability to download software from other companies. You agree that we are not
responsible for, and do not control, those web sites, services and software. The Services includes
facts, views, opinions and recommendations of individuals and organizations deemed of interest.
InvestorsPoll.com nor any Information Provider guarantees the accuracy, completeness or timeliness
of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment
advice, or advocates the purchase or sale of any security or investment.
7. LIMITATIONS ON LIABILITY NEITHER INVESTORSPOLL.COM NOR ANY INFORMATION PROVIDER, NOR ANY OF
THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND
LICENSORS (THE "EXCLUDED PARTIES") WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON
AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL,
PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST
REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY,
EVEN IF ANY OF SUCH EXCLUDED 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. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE
EXCLUDED PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE
LAW. You understand and agree that your use of the Services is at your sole risk.
8. INDEMNITY. You agree to indemnify and hold InvestorsPoll.com and our respective subsidiaries,
affiliates, officers, agents, employees, partners and the Information Providers harmless from any
claim or demand, including reasonable attorneys' fees, made by any third party due to or arising
out of User Content you upload, post, submit or otherwise make available through the Services, your
use of the Services, and your violation of this Agreement.
9. General. Except as set forth in Section 2 above, this Agreement contains the final and entire
agreement between us regarding your use of the Services and supersedes all previous and
contemporaneous oral or written agreements regarding your use of the Services. 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, New York.
This Agreement will not be governed by the United Nations Convention on Contracts for the
International Sale of Goods.
Copyright © 2010 InvestorsPoll.com. All rights reserved.
INVESTORSPOLL.COM and the InvestorsPoll.com logo are registered trademarks of InvestorsPoll.com.
All other marks are the trademarks and service marks of their respective owners.
TERMS FOR CERTAIN CONTENT SETS:
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ACCURACY, ADEQUACY OR COMPLETENESS OF ANY OF THE INFORMATION. ALL SUCH MATERIALS ARE PROVIDED TO
YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR USE NOR WITH RESPECT TO THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF SUCH
MATERIALS. INVESTORSPOLL.COM, AND THE INFORMATION PROVIDERS SHALL HAVE NO RESPONSIBILITY OR
LIABILITY FOR ANY ERRORS OR OMISSIONS NOR SHALL THEY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT OR
INDIRECT, SPECIAL OR CONSEQUENTIAL EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL THE LIABILITY OF INVESTORSPOLL.COM, OR THE INFORMATION PROVIDERS
PURSUANT TO ANY CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE EXCEED THE FEE PAID BY YOU
FOR ACCESS TO SUCH MATERIALS IN THE MONTH IN WHICH SUCH CAUSE OF ACTION IS ALLEGED TO HAVE ARISEN.
FURTHERMORE, INVESTORSPOLL.COM SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR DELAYS OR FAILURES DUE
TO CIRCUMSTANCES BEYOND THEIR CONTROL.
You agree that all of the foregoing terms and conditions shall survive any termination of your
right of access to the Services and the materials identified above.
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