Terms of use Agreement
November 23, 2007
“SmallStock” is a financial network that
allows members to create their own profile and share financial knowledge with other
members in the network, to communicate with them and to provide notifications and
messages. The services offered by SmallStock (“we”) include the MySmallStock.com
website (the "SmallStock Website"), the “SmallStock desktop” application, The “SmallStock
button” to be shared on others websites and any other features, content, or applications
offered from time to time by SmallStock (collectively, the "SmallStock Services").
The SmallStock Services are hosted in the U.S.
Special Notice for Non-English Speakers:
The
Terms of Use Agreement
("Agreement")
is written in English and is addressed to English speakers. If you are not proficient
in English and feel that you cannot properly understand this Agreement, we recommend
that you either retain the help of an English speaker to help you understand and
accept this Agreement or, alternatively, refrain from using this website and installing
Licensed Software. In any event, if you choose to use this website or install the
software, you will be bound by License Agreement and the Privacy Policy incorporated
herein.
This Terms of Use Agreement sets forth
the legally binding terms for your use of the SmallStock Services. By using the
SmallStock Services, you agree to be bound by this Agreement, whether you are a
"Visitor" (which means that you simply browse the SmallStock Website) or you are
a "Member" (which means that you have signed up to the SmallStock network). The
term "User" refers to a Visitor or a Member. You are only authorized to use the
SmallStock Services (regardless of whether your access or use is intended) if you
agree to abide by all applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave the SmallStock
Website and discontinue use of the SmallStock Services immediately. If you wish
to become a Member, communicate with other Members and make use of the SmallStock
Services, you must read this Agreement and indicate your acceptance during the Registration
process.
This Agreement includes SmallStock website
policy for acceptable use of the SmallStock Services and Content posted on the SmallStock
Website, your rights, obligations and restrictions regarding your use of the SmallStock
Services and SmallStock website Privacy Policy. In order to participate in certain
SmallStock Services, you may be notified that you are required to download software
or content and/or agree to additional terms and conditions. Unless otherwise provided
by the additional terms and conditions applicable to the SmallStock Services in
which you choose to participate, those additional terms are hereby incorporated
into this Agreement. You may receive a copy of this Agreement by emailing us at:
info@MySmallStock.com,
Subject: Terms of Use Agreement.
We may modify this Agreement from time
to time and such modification shall be effective upon posting by SmallStock on the
SmallStock Website. You agree to be bound to any changes to this Agreement when
you use the SmallStock Services after any such modification is posted. It is therefore
important that you review this Agreement regularly to ensure you are updated as
to any changes.
Please choose carefully the information
you post on SmallStock network and that you provide to other Users. Your SmallStock
user profile may not include the following items: telephone numbers, street addresses,
and any photographs containing nudity, or obscene, lewd, excessively violent, harassing,
sexually explicit or otherwise objectionable subject matter. Despite this prohibition,
information provided by other SmallStock Members (for instance, in their Profile)
may contain inaccurate, inappropriate, offensive or sexually explicit material,
products or services, and we assumes no responsibility or liability for this material.
If you become aware of misuse of the SmallStock Services by any person, please contact
SmallStock at: info@MySmallStock.com,
Subject: Report Inappropriate Content.
SmallStock reserves the right, in its sole
discretion, to reject, refuse to post or remove any posting by you, or to restrict,
suspend, or terminate your access to all or any part of the SmallStock Services
at any time, for any or no reason, with or without prior notice, and without liability.
SmallStock expressly reserves the right to remove your profile and/or restrict,
suspend, or terminate your access to any part of SmallStock Services if SmallStock
determines, in its sole discretion, that you pose a threat to SmallStock and/or
its Users.
1.
Eligibility. Use of and Membership in the SmallStock
Services is void where prohibited. By using the SmallStock Services, you represent
and warrant that (a) all registration information you submit is truthful and accurate;
(b) you will maintain the accuracy of such information; (c) you are 14 years of
age or older; and (d) your use of the SmallStock Services does not violate any applicable
law or regulation. Your profile may be deleted and your Membership may be terminated
without warning, if we believe that you are less than 14 years of age.
2.
Term. This Agreement shall remain in full force
and effect while you use the SmallStock Services or are a Member. You may terminate
your membership at any time, for any reason, by following the instructions on the
Member's Account Settings page. we may terminate your membership at any time, without
warning. Even after membership is terminated, this Agreement will remain in effect,
including sections 5-14.
3.
Fees. You acknowledge that SmallStock reserves
the right to charge for the SmallStock Services and to change its fees from time
to time in its discretion. If we terminate
your membership because you have breached the Agreement, you shall not be entitled
to the refund of any unused portion of subscription fees.
4.
Password. When you sign up to become a member, you
will also be asked to choose a password. You are entirely responsible for maintaining
the confidentiality of your password. You agree not to use the account, username,
or password of another member at any time or to disclose your password to any third
party. You agree to notify SmallStock immediately if you suspect any unauthorized
use of your account or access to your password. You are solely responsible for any
and all use of your account.
5.
Non-commercial Use by Members. The SmallStock Services are for the personal
use of members only and may not be used in connection with any commercial endeavors
except those that are specifically endorsed or approved by SmallStock. Illegal and/or
unauthorized use of the SmallStock Services, including collecting usernames and/or
email addresses of members by electronic or other means for the purpose of sending
unsolicited email or unauthorized framing of or linking to the SmallStock Website
is prohibited. Commercial advertisements and other forms of solicitation may be
removed from member profiles without notice and may result in termination of membership
privileges. Appropriate legal action will be taken for any illegal or unauthorized
use of the SmallStock Services.
6.
Proprietary Rights in Content on SmallStock.
1.
SmallStock does not claim any ownership
rights in the text, notifications, links or any other materials (collectively, "Content")
that you post to the SmallStock Services. After posting your Content to the SmallStock
Services, you continue to retain all ownership rights in such Content, and you continue
to have the right to use your Content in any way you choose. By displaying or publishing
any Content on or through the SmallStock Services, you hereby grant to SmallStock
a limited license to use, modify, publicly perform, publicly display, reproduce,
and distribute such Content solely on and through the SmallStock Services. Without
this license, SmallStock would be unable to provide the SmallStock Services. The
license you grant to SmallStock is non-exclusive (meaning you are free to license
your Content to anyone else in addition to SmallStock), fully-paid and royalty-free
(meaning that SmallStock is not required to pay you for the use on the SmallStock
Services of the Content that you post), sublicensable (so that SmallStock is able
to use its affiliates and subcontractors such as Internet content delivery networks
to provide the SmallStock Services), and worldwide (because the Internet and the
SmallStock Services are global in reach). This license will terminate at the time
you remove your Content from the SmallStock Services. The license does not grant
SmallStock the right to sell your Content, nor does the license grant SmallStock
the right to distribute your Content outside of the SmallStock Services.
2.
You represent and warrant that: (i) you
own the Content posted by you on or through the SmallStock Services or otherwise
have the right to grant the license set forth in this section, and (ii) the posting
of your Content on or through the SmallStock Services does not violate the privacy
rights, publicity rights, copyrights, contract rights or any other rights of any
person. You agree to pay for all royalties, fees, and any other monies owing any
person by reason of any Content posted by you to or through the SmallStock Services.
3.
The SmallStock Services contain Content
of SmallStock ("SmallStock Content"). SmallStock Content is protected by copyright,
trademark, patent, trade secret and other laws, and SmallStock owns and retains
all rights in the SmallStock Content and the SmallStock Services. SmallStock hereby
grants you a limited, revocable, nonsublicensable license to reproduce and display
the SmallStock Content (excluding any software code) solely for your personal use
in connection with viewing the SmallStock Website and using the SmallStock Services.
4.
The SmallStock Services contain Content
of Users and other SmallStock licensors. Except for Content posted by you, you may
not copy, modify, translate, publish, broadcast, transmit, distribute, perform,
display, or sell any content appearing on or through the SmallStock Services.
7.
Content Posted. SmallStock may delete any Content that
in the sole judgment of SmallStock violates this Agreement or which may be offensive,
illegal or violate the rights, harm, or threaten the safety of any person. SmallStock
assumes no responsibility for monitoring the SmallStock Services for inappropriate
Content or conduct. If at any time SmallStock chooses, in its sole discretion, to
monitor the SmallStock Services, SmallStock nonetheless assumes no responsibility
for the Content, no obligation to modify or remove any inappropriate Content, and
no responsibility for the conduct of the User submitting any such Content. You are
solely responsible for the Content that you post on or through any of the SmallStock
Services, and any material or information that you transmit to other Members and
for your interactions with other Users. SmallStock does not endorse and has no control
over the Content. Content is not necessarily reviewed by SmallStock prior to posting
and does not necessarily reflect the opinions or policies of SmallStock. SmallStock
makes no warranties, express or implied, as to the Content or to the accuracy and
reliability of the Content or any material or information that you transmit to other
Members.
8.
Content/Activity Prohibited. The following is a partial list of the
kind of Content that is illegal or prohibited to post on or through the SmallStock
Services. SmallStock reserves the right to investigate and take appropriate legal
action against anyone who, in SmallStock sole discretion, violates this provision,
including without limitation, removing the offending communication from the SmallStock
Services and terminating the Membership of such violators. Prohibited Content includes,
but is not limited to Content that, in the sole discretion of SmallStock:
1.
is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or individual;
2.
harasses or advocates harassment of another
person;
3.
exploits people in a sexual or violent
manner;
4.
contains nudity, violence, or offensive
subject matter or contains a link to an adult website;
5.
solicits personal information from anyone
under 18;
6.
provides any telephone numbers, street
addresses, last names, URLs or email addresses;
7.
promotes information that you know is false
or misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
8.
promotes an illegal or unauthorized copy
of another person's copyrighted work, such as providing pirated computer programs
or links to them, providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
9.
involves the transmission of "junk mail,"
"chain letters," or unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
10.
contains restricted or password only access pages or hidden pages or images (those
not linked to or from another accessible page);
11.
furthers or promotes any criminal activity or enterprise or provides instructional
information about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
12.
solicits passwords or personal identifying information for commercial or unlawful
purposes from other Users;
13.
involves commercial activities and/or sales without our prior written consent such
as contests, sweepstakes, barter, advertising, or pyramid schemes;
14.
includes a photograph of another person that you have posted without that person's
consent; or
15.
for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the
kind of activity that is illegal or prohibited on the SmallStock Website and through
your use of the SmallStock Services. SmallStock reserves the right to investigate
and take appropriate legal action against anyone who, in SmallStock’s sole discretion,
violates this provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
16.
criminal or tortious activity, including child pornography, fraud, trafficking in
obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming,
sending of viruses or other harmful files, copyright infringement, patent infringement,
or theft of trade secrets;
17.
Advertising to, or solicitation of, any Member to buy or sell any products or services
through the SmallStock Services. You may not transmit any chain letters or junk
email to other Members. It is also a violation of these rules to use any information
obtained from the SmallStock Services in order to contact, advertise to, solicit,
or sell to any Member without their prior explicit consent. In order to protect
our Members from such advertising or solicitation, SmallStock reserves the right
to restrict the number of emails which a Member may send to other Members in any
24-hour period to a number which SmallStock deems appropriate in its sole discretion.
If you breach this Agreement and send unsolicited bulk email, instant messages or
other unsolicited communications of any kind through the SmallStock Services, you
acknowledge that you will have caused substantial harm to SmallStock, but that the
amount of such harm would be extremely difficult to ascertain. As a reasonable estimation
of such harm, you agree to pay SmallStock $50 for each such unsolicited email or
other unsolicited communication you send through the SmallStock Services;
18.
covering or obscuring the banner advertisements on your personal profile page, or
any SmallStock page via HTML/CSS or any other means;
19.
any automated use of the system, such as using scripts to add friends or send comments
or messages;
20.
interfering with, disrupting, or creating an undue burden on the SmallStock Services
or the networks or services connected to the SmallStock Services;
21.
attempting to impersonate another Member or person;
22.
for band profiles, copying the code for your SmallStock Player and embedding it
into other profiles or asking other Members to embed it into their profiles;
23.
using the account, username, or password of another Member at any time or disclosing
your password to any third party or permitting any third party to access your account;
24.
selling or otherwise transferring your profile;
25.
using any information obtained from the SmallStock Services in order to harass,
abuse, or harm another person;
26.
displaying an advertisement on your profile, or accepting payment or anything of
value from a third person in exchange for your performing any commercial activity
on or through the SmallStock Services on behalf of that person, such as placing
commercial content on your profile, posting blogs or bulletins with a commercial
purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends,
or sending private messages with a commercial purpose; or
27.
using the SmallStock Services in a manner inconsistent with any and all applicable
laws and regulations.
Copyright Policy. You may not post, modify, distribute,
or reproduce in any way any copyrighted material, trademarks, or other proprietary
information belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of SmallStock to terminate Membership
privileges of any Member who repeatedly infringes the copyright rights of others
upon receipt of proper notification to SmallStock by the copyright owner or the
copyright owner's legal agent. Without limiting the foregoing, if you believe that
your work has been copied and posted on the SmallStock Services in a way that constitutes
copyright infringement, please provide our Copyright Agent with the following information:
(i) an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright interest; (ii) a description of the copyrighted work
that you claim has been infringed; (iii) a description of where the material that
you claim is infringing is located on the SmallStock Services; (iv) your address,
telephone number, and email address; (v) a written statement by you that you have
a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; (vi) a statement by you, made under penalty of perjury, that
the above information in your notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf. SmallStock's Copyright
Agent for notice of claims of copyright infringement can be reached at: info@MySmallStock.com,
Subject: Copyright claim .
9.
Member Disputes. You are solely responsible for your interactions
with other SmallStock Members. SmallStock reserves the right, but has no obligation,
to monitor disputes between you and other Members.
10.
Privacy.
Use of the SmallStock Services is also governed by our Privacy Policy, which is
incorporated into this Agreement by this reference.
11.
Disclaimers.
SmallStock is not responsible for any incorrect or inaccurate Content posted on
the SmallStock Website or in connection with the SmallStock Services, whether caused
by Users of the SmallStock Services or by any of the equipment or programming associated
with or utilized in the SmallStock Services. Profiles created and posted by Members
on the SmallStock Website may contain links to other websites. SmallStock is not
responsible for the Content, accuracy or opinions expressed on such websites, and
such websites are in no way investigated, monitored or checked for accuracy or completeness
by SmallStock. Inclusion of any linked website on the SmallStock Services does not
imply approval or endorsement of the linked website by SmallStock. When you access
these third-party sites, you do so at your own risk. SmallStock takes no responsibility
for third party advertisements which are posted on this SmallStock Website or through
the SmallStock Services, nor does it take any responsibility for the goods or services
provided by its advertisers. SmallStock is not responsible for the conduct, whether
online or offline, of any User of the SmallStock Services. SmallStock assumes no
responsibility for any error, omission, interruption, deletion, defect, delay in
operation or transmission, communications line failure, theft or destruction or
unauthorized access to, or alteration of, any User or Member communication. SmallStock
is not responsible for any problems or technical malfunction of any telephone network
or lines, computer online systems, servers or providers, computer equipment, software,
failure of any email or players due to technical problems or traffic congestion
on the Internet or on any of the SmallStock Services or combination thereof, including
any injury or damage to Users or to any person's computer related to or resulting
from participation or downloading materials in connection with the SmallStock Services.
Under no circumstances shall SmallStock be responsible for any loss or damage, including
personal injury or death, resulting from use of the SmallStock Services, attendance
at a SmallStock event, from any Content posted on or through the SmallStock Services,
or from the conduct of any Users of the SmallStock Services, whether online or offline.
The SmallStock Services are provided "AS-IS" and as available and SmallStock expressly
disclaims any warranty of fitness for a particular purpose or non-infringement.
SmallStock cannot guarantee and does not promise any specific results from use of
the SmallStock Services.
12.
Limitation on Liability.
IN NO EVENT SHALL SMALLSTOCK BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST
PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SMALLSTOCK HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, SMALLSTOCK'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS
OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY,
BY YOU TO SMALLSTOCK FOR THE SMALLSTOCK SERVICES DURING THE TERM OF MEMBERSHIP.
MOREOVER, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SMALLSTOCK, ITS OFFICERS,
DIRECTORS AND/OR EMPLOYEES, SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SMALLSTOCK
SERVICES.
13.
Indemnity.
You agree to indemnify and hold SmallStock, its subsidiaries, and affiliates, and
their respective officers, agents, partners and employees, harmless from any loss,
liability, claim, or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the SmallStock Services in violation
of this Agreement and/or arising from a breach of this Agreement and/or any breach
of your representations and warranties set forth above and/or if any Content that
you post on the SmallStock Website or through the SmallStock Services causes SmallStock
to be liable to another.
14.
Other.
This Agreement is accepted upon your use of the SmallStock Website or any of the
SmallStock Services and is further affirmed by you becoming a Member. This Agreement
constitutes the entire agreement between you and SmallStock regarding the use of
the SmallStock Services. The failure of SmallStock to exercise or enforce any right
or provision of this Agreement shall not operate as a waiver of such right or provision.
The section titles in this Agreement are for convenience only and have no legal
or contractual effect. SmallStock is a trademark of SmallStock, Inc. This Agreement
operates to the fullest extent permissible by law. If any provision of this Agreement
is unlawful, void or unenforceable, that provision is deemed severable from this
Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at:
info@MySmallStock.com with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.