Updated on January 7, 2015
This Terms of Service & Subscriber Agreement govern your use of our website, web application, mobile application, and unless other terms and conditions expressly govern, any other electronic services from Stockflare Limited that may be made available from time to time (each, a “Service”).
If you compete your registration to Stockflare you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the terms of this Agreement, you should not proceed with the registration process or immediately delete your account and inform us. To the extent you have access to, or are using, a Service without having completed our registration process, you are hereby notified that your continued use of a Service is subject to many of the terms and conditions of this Agreement as explained in Section 7 below.
1. Personal Capacity.
You agree that your access to, and use of, the Services and the content and tools available though the Services is in a personal capacity.
2. Changes to Subscriber Agreement.
We may change the terms of this Agreement at any time by notifying you of the change in writing or electronically (including without limitation, by email or by posting a notice on the Service that the terms have been “updated” or similar words including notification via a post on our blog). The changes also will appear in this document, which you can access at any time by going to the Terms of Service link at a Service. You signify that you agree to be bound by such changes by using a Service after changes are made to this Agreement.
3. Privacy and Your Account.
4. Fees and Payments.
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit or debit card. Subscription fees will be billed at the beginning of your subscription or any renewal. Unless we state in writing otherwise, all fees and charges are nonrefundable. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you believe someone has accessed a Service using your user name and password without your authorization, please contact us. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
5. Cancellation and Renewal.
Your subscription will renew automatically, unless it is cancelled in accordance with this Section. For all subscriptions, you must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit or debit card. We may cancel your subscription at any time by notifying you.
6. Downloadable Mobile Products; Exceptions for Various Types of Subscribers and Other Users.
6.1 Downloadable Mobile Products. If you have downloaded a mobile application to access a Service, you may have access without charge for a limited time to certain subscriber-only content and some or all of the “Fees and Payments” and “Renewal” terms will not apply to you during such time. To the extent not inconsistent with this Agreement, the applicable End User License Agreement for the mobile service through which you downloaded the mobile application may apply.
6.2 Other Subscribers and Users. If you access a Service as part of a free trial or otherwise without becoming a subscriber, you are hereby notified that all of the terms and conditions of this Subscriber Agreement except the section labeled “Fees and Payments” and “Renewal” apply to your use and access of the Service.
7. Limitations on Use.
7.1 Only one individual may access a Service at the same time using the same user name or password, unless we agree otherwise.
7.2 The text, graphics, images, video, metadata and other data, design, organization, compilation, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services are our property or the property of our advertisers and licensors and are protected by copyright and other intellectual property laws. Unless you have our written consent, you may not sell, publish, distribute, retransmit or otherwise provide access to the Content received through the Services to anyone, including, if applicable, your fellow students or employees, with the following exceptions:
7.2.1 You may occasionally distribute a limited extract of the Content, 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 Service, original source attribution, and the phrase “Used with permission from Stockflare Limited”, as appropriate.
7.2.2 You may occasionally use our sharing service to e-mail or electronically share an extract of the Content from a Service to a few individuals, without charge. You are not permitted to use this service for the purpose of regularly providing other users with access to content from a Service.
7.2.3 While you may download, store and create an extract of the Content from a Service for your personal use, you may not otherwise provide access to such an archive to more than a few individuals on an occasional basis. The foregoing does not apply to any sharing functionality we provide through a Service that expressly allows you to share extracts of the Content or links to extracts of the Content with others. In addition, you may not use such an archive to develop or operate an automated trading system or for data or text mining.
7.3 You agree not to rearrange or modify the Content. You agree not to create abstracts from, scrape or display our content for use on another web site or service. You agree not to post any content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, without our written consent.
7.4 You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, 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. Community; User Generated Content.
8.1 User Name. We require you to register to have access to our community area. We require that you use your own first and last name as your user name for community. With certain exceptions, when you register, we will prefill your user name with your own name. It is your responsibility to choose your password wisely. If you have concerns or believe that someone is using your password without your authority, please contact us. We reserve the right to disclose any information about you, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of others.
8.2 User Generated Content.
8.2.1 User Content. We offer you the opportunity to 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.
8.2.2 Cautions Regarding Other Users and User 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 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.
8.2.3 Grant of Rights and Representations by You. If you upload, post or submit any User 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 Stockflare Limited, and our respective 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 User Content, or any portion thereof, by Subscribers and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your User Content specifically on the Services and to allow other Subscribers or users to request access to your User Content.
8.2.4 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 or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
8.2.5 Rules of Conduct. All users must comply with the community rules.
184.108.40.206 You must stay on the subject at hand.
220.127.116.11 You must demonstrate respect for other members. If you disagree with an opinion, feel free to respectfully challenge that opinion with a posting of your own.
18.104.22.168 You must not personally attack any other member. You will not stalk or harass another member.
22.214.171.124 Mocking, baiting, bickering, taunting, name-calling and uncivil exchanges with other members are not allowed. You may not dominate the conversation or discourage participation by others. You may not threaten or promote violence, or wish for harm to befall another person.
126.96.36.199 Comments which disparage traits with which people are born are not allowed.
188.8.131.52 You will not upload, post or submit anything that is obscene or contains profanity or veiled profanity or that may be hateful or offensive on racial, ethnic, sexual, stereotypical or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
184.108.40.206 Comments with self-promotional links are not allowed.
220.127.116.11 Excessive links to external web sites, comments in all capital letters, all-bold or all-italic postings, excessive blank space and objectionable profile photos are not permitted.
18.104.22.168 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 community.
22.214.171.124 You will not upload, post or submit or otherwise make available any content that contains links to web sites with objectionable content.
126.96.36.199 You will not upload, post or submit anything that contains viruses, cancel bots, Trojan horses, harmful code, or other computer software or programs designed to interrupt another person’s enjoyment of our community.
188.8.131.52 You will comply with all applicable laws in participating in our community and will not use the community for illegal purposes.
8.2.6 Copyright/IP Policy. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
184.108.40.206 If you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, your may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Designated Agent (as set forth below) with the following information in writing:
220.127.116.11.1 A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
18.104.22.168.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the site are covered by a single notification, a representative list of such works on the site;
22.214.171.124.3 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 us to locate the material;
126.96.36.199.4 Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if applicable, e-mail address;
188.8.131.52.5 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 the law; and
184.108.40.206.6 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.
220.127.116.11 Written notification of claimed infringement must be submitted to the following Designated Agent:
By mail: Stockflare Copyright Agent, Stockflare Legal Department, Stockflare Limited, The Pavilion Building, 96 Kensington High Street, London W8 4SG, United Kingdom, Phone: (+44) 20 3286-0905, E-mail: firstname.lastname@example.org
9. Third Party Web Sites, Services and Software.
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.
10. DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY.
10.1 YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AND TOOLS AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND WE 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. STOCKFLARE LIMITED AND ITS SUBSIDIARIES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, CONTENT PROVIDERS AND LICENSORS (“THE STOCKFLARE PARTIES”) WILL NOT 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 (COLLECTIVELY, THE “EXCLUDED DAMAGES”), WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE STOCKFLARE 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 STOCKFLARE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
10.2 DATA PROVIDED BY FINANCIAL EXCHANGES ARE DELAYED REPORTED BY OUR SERVICES. FURTHERMORE, DEPENDING ON WHERE AND HOW YOU ARE ACCESSING OUR SERVICES, THE SERVICES AND THE DATA CONTAINED THEREIN MAY BE DELAYED DUE TO THE MEANS OF TRANSMISSION.
11. Law and jurisdiction.
This Agreement will be exclusively governed by and construed in accordance with the laws of England and Wales whose courts will have exclusive jurisdiction in any dispute save that Stockflare Limited has the right, at its sole discretion, to commence and pursue proceedings in alternative jurisdictions.
12.1 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. We may discontinue or change the Services, or their 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.
12.2 This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
13. Cookie Disclosure Statement
13.1 We employ cookie technology.
13.2. Below you’ll find information describing our most common uses of cookies, which are an inherent part of our production process and have enabled us to better serve you.
13.3 What’s a cookie? A cookie is a small file that is sent to your computer by a site’s server. A cookie can be a record of your visit to a site, including information such as your User Name, registration information, time of last visit, pages viewed, etc. A cookie created by one site’s servers can be retrieved only by that site’s servers. Thus, information in the cookies is not accessible to other sites.
13.4 Using our Services. In order to access the Services successfully, your browser must be set to “accept all cookies.” If you set your browser to “not accept” any cookies, you will not be able to use the Services.
13.5 We also do not suggest that you navigate the Services with your browser’s “cookie alert” feature enabled. While you certainly could set your browser to alert you each time a cookie is passed to your machine, you most likely will find the experience of having to respond to frequent cookie alerts quite frustrating while trying to enjoy your subscription. We suggest that you turn the “cookie alert” feature off, or perhaps use the site for a short time with it on, once you’ve seen firsthand how we use the technology.
13.7 Without cookie technology, we would not be able to offer you convenient features.
13.8 Other cookies that you will receive during your sessions are from third-party service providers or third-party network advertisers. These network advertisers may use their own cookies in order to serve ads on the Services, ensuring you won’t see the same ads over and over again.
13.9 When you view an ad on other sites, our third-party advertising company may place or recognize a unique cookie on your browser. The Services and our third-party advertising company also may use Web beacons (invisible images often referred to as pixel tags or clear GIFs) to note which Services pages you visit after viewing our ads. The information that is collected through the use of these images is not personally identifiable and is used only to track response to our advertising efforts.
14. No Investment Advice.
The Services and Content are provided for informational purposes only. You understand and agree that the Services do not recommend any security, financial product or instrument, nor does mention of a particular security on the Services constitute a recommendation for you to buy, sell, or hold that or any other security, financial product or investment. The Services do not provide tax, legal or investment advice or opinion regarding the suitability, value or profitability of any particular security, portfolio or investment strategy. Neither we nor our licensors shall be liable for any errors, inaccuracies or delays in the Services or any Content, or for any actions taken by you in reliance thereon. You expressly agree that your use of the Services and the Content is at your sole risk.
15. Additional Terms and Notices.
15.1 Stockflare® is a trademark and service mark of Stockflare Limited.
15.2 Certain of our content, data and information providers require us to include additional terms and conditions relating to their content and data. These include:
15.2.1 Republication or redistribution of Thomson Reuters content, including by framing or similar means, is prohibited without the prior written consent of Thomson Reuters. Thomson Reuters is not liable for any errors or delays in Thomson Reuters content, or for any actions taken in reliance on such content. ‘Thomson Reuters’ and the Thomson Reuters logo are trademarks of Thomson Reuters and its affiliated companies. For additional information on other Thomson Reuters Services please visit the Thomson Reuters public web site http://www.thomsonreuters.com/.
16. Change Log
16.1 We updated the Terms of Service on 7th January 2015, from a previous version dated 7th July 2014. The changes were:
16.1.1 In the preamble, we previously referred to registered users needing to tick a box confirming they agreed to our Terms. We removed this language and now inform users to not register or use the service, if they are unwilling to be bound by our Terms.
16.1.2 In the preamble, corrected the reference to Section 7, which previously said Section 6.
16.1.3 Removed section 11 / Arbitration. Replaced with reference to English law
16.1.4 Removed reference to New York law.
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