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1. ACCEPTANCE OF TERMS
The webpages available at TickerSpy (http://www.TickerSpy.com), and all linked pages ("Site"), are owned and operated by Indie Research, LLC and is accessed by you under the Terms of Use described below ("Terms of Use").
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES. BY ACCESSING, USING OR SIGNING UP TO USE THIS SITE OR ACCESSING OR USING ANY CONTENT OR SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE OR USE THE CONTENT OR ANY SERVICES IN THE SITE.
MODIFICATIONS OF TERMS OF USE
Indie Research, LLC reserves the right, at its sole discretion, to modify or replace the Terms of Use at any time. If the alterations constitute a material change to the Terms of Use, Indie Research, LLC will notify you via email. What constitutes a "material change" will be determined at Indie Research, LLC's sole discretion, in good faith and using common sense and reasonable judgment. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Services by you following such notification constitutes your acceptance of the terms and conditions of the Terms of Use as modified.
2. DESCRIPTION OF SERVICE
Subject to full compliance with the Terms of Use, Indie Research, LLC may offer to provide certain services and content, as described more fully on the Site, ("Services"). Services shall include, but not be limited to, any service and content Indie Research, LLC performs for you, as well as the offering of any materials displayed or performed on the Site (including, but not limited to text, user comments, messages, hyperlinks, information, financial and market data, graphics, news articles, photographs, images, illustrations, software, audio clips and video clips, also known as the "Content") on the Site. Indie Research, LLC may change, suspend or discontinue the Services including any Content for any reason, at any time, including the availability of any feature or content. Indie Research, LLC may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
3. YOUR REGISTRATION OBLIGATIONS
As a condition to using Services, you are required to register with TickerSpy and select a password and screen name ("TickerSpy User ID"). You shall provide TickerSpy with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your TickerSpy account. You may not (i) select or use as a TickerSpy User ID a name of another person with the intent to impersonate that person; (ii) use as a TickerSpy User ID a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a TickerSpy User ID a name that is otherwise offensive, vulgar or obscene. Indie Research, LLC reserves the right to refuse registration of, or cancel a TickerSpy User ID in its discretion. You shall be responsible for maintaining the confidentiality of your TickerSpy password.
Services are available only to individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or representative of a corporation or other business entity. If you do not so qualify, do not attempt to register for or use the Services.
USER CONDUCT
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by Indie Research, LLC.
By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other TickerSpy users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any TickerSpy user;
5. to create or submit unwanted email ("Spam") to any other TickerSpy users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. with the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site;
Indie Research, LLC may remove any Content and TickerSpy accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
4. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
By uploading, submitting or otherwise disclosing or distributing Content of any kind at or on the Site or otherwise through the Services, unless source quoted, you represent and warrant that you own all rights in the Content and you agree that the Content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/.
5. CHANGES TO TICKERSPY
We may discontinue or change any service or feature on TickerSpy at any time and without notice.
6. COPYRIGHT COMPLAINTS
Indie Research, LLC respects the intellectual property of others. It is Indie Research, LLC's policy to respond expeditiously to claims of copyright and other intellectual property infringement. Indie Research, LLC will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, Indie Research, LLC may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. Indie Research, LLC will terminate access for subscribers and account holders who are repeat infringers.
Notifying Indie Research, LLC of Copyright Infringement: To provide Indie Research, LLC notice of an infringement, you must provide a written communication to the attention of "DMCA Infringement Notification Dept." care of email@TickerSpy.com that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
Providing Indie Research, LLC with Counter-Notification: If we remove or disable access to content in response to an infringement notice, we will make reasonable attempts to contact the owner or administrator of the affected site or content. If you feel that your material does not constitute infringement, you may provide Indie Research, LLC with a counter notification by written communication to the attention of "DMCA Counter Notification Dept." at email@TickerSpy.com that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.
7. INDEMNITY
You will indemnify and hold harmless Indie Research, LLC, its parents, subsidiaries, affiliates, customers, vendors, officers and employees from any liability, damage or cost (including reasonable attorneys. fees and cost) from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, violation of the Terms of Use by you, or the infringement by you, or any third party using your account or TickerSpy User ID, of any intellectual property or other right of any person or entity.
8. NO DUTY TO MONITOR
You agree that we are not liable for Content that is provided by others. We have no duty to pre-screen Content, but we have the right to refuse to post or to edit submitted Content. We reserve the right to remove Content for any reason, but we are not responsible for any failure or delay in removing such material.
9. WARRANTY DISCLAIMERS
THE SERVICE, CONTENT, AND SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Indie Research, LLC has no control over such sites and resources, you acknowledge and agree that Indie Research, LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Indie Research, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
11. DISCLAIMERS
The Site, the materials on the Site, and any product or service obtained or accessed through the Site are provided "as is" and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, tickerspy.com, its officers, directors, employees, affiliates, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose, and all warranties relating to the adequacy, accuracy or completeness of any information on the Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. tickerspy.com and its affiliates, suppliers, agents and sponsors do not warrant that your use of the Site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Site or the server(s) on which the Site is hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site, and all charges related thereto. You assume total responsibility and risk for your use of the Site and your reliance thereon. No opinion, advice, or statement of tickerspy.com or its affiliates, suppliers, agents, members, or visitors, whether made on the Site or otherwise, shall create any warranty. Your use of the Site and any materials provided through the Site is entirely at your own risk.
A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at Help@tickerspy.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.
12. LIMITATION OF LIABILITY
IN NO EVENT SHALL INDIE RESEARCH, LLC OR ITS SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) WITH RESPECT TO THE SITE, THE SERVICE OR ANY CONTENT FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Indie Research, LLC shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
14. TERMINATION
Indie Research, LLC may terminate or suspend any and all Services and your TickerSpy account immediately, without prior notice or liability, if you breach any of the terms or conditions of the Terms of Use. Upon termination of your account, your right to use the Services will immediately cease. If you wish to terminate your TickerSpy account, you may simply discontinue using the Services. All provisions of the Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THIS TERMS OF USE AGREEMENT
TICKERSPY.COM PRIVACY POLICY
Your privacy is very important to us. We want to make your experience with tickerspy.com as enjoyable and rewarding as possible, and we want you to use tickerspy.com vast array of information, tools, and resources with complete confidence. Indie Research, LLC through its tickerspy.com web site collects information in different ways from Visitors and Members who access the various parts of our Services. We use this information primarily to provide a customized experience as you use our Services, and generally do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that law requires such disclosure or other special cases described below. By visiting the tickerspy website, you are accepting the practices outlined in this Privacy Policy.
What Does This Privacy Policy Cover?
This Privacy Policy covers tickerspy's treatment of personal information that tickerspy gathers when you are on the tickerspy website and when you use tickerspy services.
This policy does not apply to the practices of third parties that tickerspy does not own or control, or to individuals that tickerspy does not employ or manage.
What Personal Information About Users Does tickerspy Collect?
We collect the following types of information from our users:
1. Information You Provide to Us:
We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information you provide is used for such purposes as:
Registration: In order for you to use tickerspy services, such as submitting new links to the website or creating a portfolio, you must complete a registration form. As part of this registration form, we require your email address.
2. Automatic Information:
We receive and store certain types of information whenever you interact with us. tickerspy automatically receives and records certain "traffic data" on our server logs from your browser including your IP address, tickerspy cookie information, and the page you requested. tickerspy uses this traffic data to help diagnose problems with its servers, analyze trends and administer the website.
tickerspy may also add on any page display the total counts that page has been viewed. This includes member profile pages.
Social sharing of data: tickerspy allows other users to browse links that you have submitted or commented on, as well as original notes that you have submitted or commented on. This information is made available via your member profile and on the permalink URL of the story in which you performed the action on, as well as in other areas of the site. tickerspy may choose to post this data on other site features in the future.
Profile information: tickerspy allows other users to see the information within your member profile should you provide this optional information. tickerspy allows other users to see your portfolio, should you opt to make the portfolio public.
tickerspy Partners and Sponsors
Some tickerspy products and services are offered in conjunction with a non-affiliated partner. To provide you with some of these products and services, the partner may need to collect and maintain personal information. In these instances, you will be notified before any such data is collected or transferred and may decide not to use that particular service or feature. tickerspy may need to share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.
Online Advertisements
tickerspy displays online advertisements. We share aggregated and non-identifying information about our Visitors and Members collected through the registration process as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser might tell us the audience they want to reach (for example, males between 25 and 55 years of age) and provide us with an advertisement tailored to that audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience. However, tickerspy does not share personal information about its Visitors or Members with these advertisers.
Email Marketing From Third Party Sponsors
In addition, from time to time, tickerspy sends, on behalf of third parties, promotions via email to some or all of its subscribers. However, in no event does tickerspy sell or otherwise transfer to third parties the email addresses of its subscribers. tickerspy strictly maintains the confidentiality of its subscribers' email addresses. In addition, users are always given the opportunity of opting-out of these promotions.
Responses to Email Inquiries
When Visitors or Members send email inquiries to tickerspy, we use the return email address to answer the email inquiry we receive. tickerspy does not use the return email address for any other purpose and does not share the return email address with any third party.
Voluntary Customer Surveys
We may periodically conduct both business and individual customer surveys. We encourage our customers to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if a third party conducts the survey. Participation in our customer surveys is voluntary.
We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses from other tickerspy customers to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated; non-personally-identifying information may be shared with third parties.
Special Cases
It is tickerspy's policy not to use or share personal information about Visitors or Members in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, tickerspy may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect tickerspy and our Members.
"Cookies" and How tickerspy Uses Them
A "cookie" is a small data file that can be placed on your hard drive when you visit certain Web sites. tickerspy may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. If you are a Member, we will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information.
Advertisers and partners may also use their own cookies. We do not control the use of these cookies and expressly disclaim responsibility for information collected through them.
tickerspy's Commitment to Data Security
Services and Web sites we sponsor have security measures in place to protect the loss, misuse, and alteration of the information under our control. While we make every effort to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information.
Changes to this Privacy Policy
Indie Research, LLC may amend this Privacy Policy from time to time, at its sole discretion. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used. Notice of any revision, amendment, or modification will be posted in accordance with the Internet Service Agreement.
Effective Date of this Privacy Policy
This Privacy Policy is effective as of August 15, 2007
Where to Direct Questions About tickerspy’s Privacy Policy
If you have any questions about this Privacy Policy or the practices described herein, you may contact:
Customer Service
Tickerspy.com
254 Witherspoon
Princeton NJ, 08542
Or, you can reach us via email at help@tickerspy.com.
Thank you.
USE OF THIS SITE SIGNIFIES YOUR AGREEMENT TO THE PRIVACY POLICY.
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