TERMS OF USE

Thank you for visiting Ticker.tv (collectively the “Website” and “TickerTV”). The Website and the services provided herein are exclusively governed by these Terms of Use. Please carefully read the terms outlined below before using the Website as your access to and use of the Website constitutes your agreement to be bound by these Terms of Use.

TickerTV owns the Website and reserves the right, at its sole discretion, to modify these Terms of Use at any time and any such modification will be effective immediately upon posting the modification. You should check these Terms of Use periodically for modifications. If you use the Website after the posting of modifications, then you will be bound by such modifications.

If there is something you do not see disclosed below or in our Privacy Policy or General Disclosures, or if you have any questions at all regarding the information presented hereafter, please contact us.

LICENSE AND WEBSITE ACCESS

TickerTV hereby grants you a limited, nonexclusive, nontransferable license to view, bookmark, download and print the pages within the Website, and the Content incorporated on those pages, solely for the purpose of your personal, non-commercial use and display. You are solely responsible for obtaining, paying for, repairing and maintaining all of the equipment, telephone lines and other material that you need to access the Website and the pages within the Website may be used solely for personal, informational and non-commercial purposes. You may not modify, copy, distribute, transmit, post, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any pages, Content, data, information, software, products or services obtained from the Website, unless you have obtained the prior written permission of TickerTV. TickerTV expressly reserves the right to monitor any and all use of the Website.

Website Guidelines

The Website is not intended for use by persons under the age of 18. By using the Website, you agree to be bound and otherwise comply with the aforementioned terms regarding your age.

You may not slander, defame, harass, spam, or libel any other person on TickerTV.

You and only you are responsible for the security of your account. You may not login to somebody else’s account without permission from the account holder.

TickerTV reserves the right to refuse access to any member, at any time, and for any reason.

NO RECOMMENDATIONS OR ADVICE PROVIDED

The Website is to be used for informational purposes only as TickerTV is not registered as a securities broker-dealer or an investment adviser. No information contained on the Website is intended as securities brokerage, investment, tax, accounting or legal advice, as an offer or solicitation of an offer to sell or buy, or as an endorsement, recommendation or sponsorship of any company, security or fund.

TickerTV cannot and does not assess, verify or guarantee the adequacy, accuracy or completeness of any information, the suitability or profitability of any particular investment, or the potential value of any investment or informational source. You are responsible for conducting your own investment research and decisions, and should seek the advice of a qualified securities professional before making any investment, and investigate and fully understand any and all risks before investing. TickerTV in no way warrants the solvency, financial condition, or investment advisability of any of the securities mentioned on the Website or any linked site.

This information contained on the Website is not intended to be used as any basis for any investment decision, nor should it be construed as advice designed to meet the investment needs of any particular investor.

For additional information and applicable disclaimers, please see TickerTV’s General Disclosures.

REGISTRATION AND USER ACCOUNT RESPONSIBILITIES 

In order to use the Website or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested, and, if a minimum age is required for eligibility for a user account, you undertake that you are at least the required age. You agree that you are solely responsible for maintaining the confidentiality and security of your username and password, and you are responsible for all acts and/or omissions that occur under the authority of your username. You agree to immediately notify TickerTV of any unauthorized use of your user account, username or password. By registering for a user account, you explicitly agree to these Terms of Use, including any amendments made by TickerTV that are published from time to time. TickerTV reserves the right to terminate, restrict, or suspend your username privileges at any time, without notice, for any reason whatsoever. You agree that TickerTV shall not be liable to you or any third party for any termination of your access to the Website.

OTHER LINKED SITES

By providing links to other sites, TickerTV does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to TickerTV.

TickerTV does not operate or control and has no responsibility for the information, products and/or services found on any external sites, unless expressly stated on such external site. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. You assume complete responsibility and risk in your use of any external sites.

INTELLECTUAL PROPERTY STATEMENT

All marks appearing on the Website are the registered and unregistered trademarks of TickerTV. TickerTV’s trademarks may not be used in any manner that is likely to cause confusion among customers or that disparages or discredits TickerTV.

All Content on the Website, including, but not limited to, text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, icons, message boards, chat, html code, xml code, and other original Content (collectively the “Content”), is the property of TickerTV or its content vendors and is protected by U.S. and international copyright laws.

Nothing contained on the Website grants to you any license or other right to any of TickerTV’s intellectual property or to any third party’s intellectual property. You may not copy, modify, distribute, display, reproduce or republish any of the data or Content contained on the Website without obtaining the prior written consent of TickerTV.

Any User Contribution, which shall include but is not limited to, user generated data and financial data, message board posts, chat, Broadcaster Content, and/or other such content that you post to the Website, will be considered non-confidential and non-propriety. By posting any User Contribution on the Website, you grant TickerTV and its affiliates and service providers, and each of their and TickerTV’s respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such User Contribution. You represent and warrant that you own or control all rights in and to the User Contributions, including the right to license such User Contributions, and that all of your User Contributions do and will comply with the aforementioned terms.

DISCLAIMERS

For applicable disclaimers, including limitations of liability, please see TickerTV’s General Disclosures.

PRIVACY POLICY 

TickerTV  is committed to protecting its users’ privacy.  Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information.  

BROADCASTERS (APPLICABLE TO USE OF TICKER.TV WEBSITE)

For use of the Ticker.tv website, TickerTV allows certain users (“Broadcasters”) to distribute streaming live and pre-recorded videos of investing and trading related activities. If you sign up for an account as a Broadcaster, subject to your compliance with these Terms of Use, TickerTV hereby grants you a personal, limited, non-exclusive, non-transferrable, freely revocable license to use the Ticker.tv service for the uploading and distributing of authorized digital content, including videos (“Broadcaster Content”). By posting any Broadcaster Content on the Ticker.tv website, you grant TickerTV and its affiliates and service providers, and each of their and TickerTV’s respective licensees, successors, and assigns a perpetual, royalty-free, and irrevocable right and license to use, reproduce, modify adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer, and sell any such Broadcaster Content.

You are solely responsible for your Broadcasting Content and the consequences of posting or publishing it.

Broadcasting Guidelines

By uploading and publishing your Broadcaster Content, you represent, and warrant that:

(1) you own or control all rights in and to the Broadcaster Content, including the right to license such Broadcaster Content;

(2) your Broadcaster Content does not and will not

(a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or propriety right. This includes broadcasting audio or video that you did not create.

(b) slander, defame, harass, spam, or libel any other person,

(c) constitute, encourage, or provide instruction for a criminal offense, violate the rights or any party, or that would otherwise create liability or violate any local, state, national or international law or regulation,

(d) impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, or

(e) discloses private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers;

(f) graphic content including but not limited to violence, hateful messages, hate speeches based on race, religion, ethnicity, gender, sexual orientation, identity, nationality, background, or anything else.

(g) nudity or sexually explicit content (even if it is related to trading).

(h) include anything that could block the use of the Website

(3) your Broadcaster Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and

(4) that all of your Broadcaster Content do and will comply with the aforementioned terms.  TickerTV  reserves all rights and remedies against any Broadcasters who breach these representations and warranties.

(5) TickerTV reserves the right to refuse broadcasting privileges to any member, at any time, and for any reason.

TickerTV uses reasonable security measures in order to attempt to protect Broadcaster Content. However TickerTV cannot guarantee that there will be no unauthorized copying or distributing of Broadcaster Content nor will TickerTV be liable for any copying or usage of the Broadcaster Content not authorized by TickerTV. You hereby release and forever waive any claims you may have against TickerTV for any such unauthorized copying or usage of the Broadcaster Content, under any theory.

Unless expressly permitted in writing by TickerTV, you may not sell, rent, lease, share or provide access to your Broadcaster account to any third-party, including without limitation charging any remuneration (e.g. money) to any third-party for access to administrative rights on your Broadcaster account. TickerTV reserves all available legal rights and remedies to prevent unauthorized use of the Ticker.tv service, including but not limited to, technological barriers, IP mapping, and in serious cases directly contacting your Internet Service Provider (“ISP”) regarding such unauthorized use.

You agree that your Broadcaster Content will comply with the Federal Trade Commission (“FTC”) Guidelines Concerning the Use of Testimonials and Endorsements in Advertising (available at http://www.ftc.gov/sites/default/files/attachments/press-releases/fct-publishes-final-guides-governing-endorsements-testimonials/091005revisedendorsementguides.pdf) (hereinafter “FTC Guidelines”).  For example, if you have been paid or provided with free products or services in exchange for discussing or promoting a product or service through your Broadcaster Content published using the Ticker.tv service, or if you are an employee of a company and you decide to discuss or promote that company’s products or services through the Ticker.tv service, you agree to comply with the FTC Guidelines’ requirements for disclosing such relationships. You, and not TickerTV and its affiliates, are solely responsible for any endorsements or testimonials you make regarding any product or service through the Ticker.tv service.

TickerTV reserves the right, without notice and in our sole discretion, to terminate your license to use the Ticker.tv service (including to post Broadcaster Content), and to block or prevent your future access to and use of the Ticker.tv service. Your only remedy with respect to any dissatisfaction with (a) the Ticker.tv service, (b) any term of these Terms of Use, (c) any policy or practice of TickerTV in operating the Ticker.tv service, or (d) any content or information transmitted through the Ticker.tv service, is to terminate your account and discontinue use of any and all parts of the Ticker.tv service.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless TickerTV, its affiliates and their respective officers, directors, managers, employees and agents, from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs, arising out of or in any way connected with your access to or use of the Website, any User Contribution you post, store or otherwise transmit in or through the Website, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein.

For use of the Ticker.tv website, if you are a Broadcaster, the foregoing indemnity includes, without limitation, any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your Broadcaster Content.

APPLICABLE LAW

You agree that these Terms of Use and any dispute arising out of your use of the Website or products or services provided by the Website will be governed by and construed in accordance with the laws of the State of California, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website (including but not limited your registration for a user account and/or your use of the Website and the services it provides) shall be in the state or federal courts located in California, USA.

MISCELLANEOUS

In the event that any provision of these Terms of Use is or becomes invalid or unenforceable, that provision (to the extent invalid or unenforceable) will be interpreted to reflect the original intention of TickerTV in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

TickerTV’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be considered to be a waiver of any provisions or right, and all such provisions and rights will remain in full force and effect.

You agree that any claim or cause of action you may have with respect to the Website or its services must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be forever barred, without regard to any contrary legislation.

The Terms of Use, together with the Privacy Policy and General Disclosures, is the entire agreement between you and TickerTV  relating to the subject matter herein.  In your use of the Website, you hereby represent and warrant that you have not relied upon any other statements, promises, representations or warranties from TickerTV  except those expressly set forth herein, together with the Privacy Policy and General Disclosures.  

CONTACT 

For applicable contact information, please see TickerTV’s Contact Information.

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