Last Updated and Effective: March 16, 2021
You may create an account on the Services by providing information about yourselves (such as identification or contact details) as part of the registration process for Services, or as part of the continued use of Services. Users must provide truthful, accurate, complete and updated information to create their account on the Services. If your account contains any misleading or false information you may be barred from accessing the Services now and in the future.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Stock Story, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us at firstname.lastname@example.org.
The Services are not intended for distribution or use in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Stock Story to any registration requirement within such jurisdiction or country.
MODIFICATION OF SERVICES
We are always striving to improve the Services and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
ELIGIBILITY AND MINIMUM AGE
You must be at least 18 years of age, or the age of the majority of your province, territory or country, to register your account and use the Services. By creating an account and/or using the Service, you represent, warrant and covenant that:
You are at least 18 years of age or of legal age in your jurisdiction.
You can form a binding contract with Stock Story.
You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country.
You are not prohibited by law from using our services.
You do not have more than one account on our Services.
You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction.
You acknowledge that the Services have been developed, compiled, prepared, revised, selected and arranged by Stock Story and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable intellectual property and trade secrets of Stock Story and such others.
You agree to protect the proprietary rights of Stock Story and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Stock Story or its suppliers of content, equipment or otherwise to protect their and others' contractual, statutory and common law rights in the Service.
You agree to notify Stock Story in writing promptly upon becoming aware of any unauthorized access or use of the Services by any party or of any claim that the Services infringe upon any copyright, trademark, or other contractual, statutory or common law rights.
You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
You have not previously been removed from our Services by us, unless you have our express written permission to create a new account or use our Services.
If at any time you cease to meet any of these requirements, you must immediately delete your account.
The Services are owned and operated by Stock Story. Unless otherwise explicitly specified by Stock Story, all information and materials that are included in or otherwise a part of the Services, including past, present, and future versions, domain names, source and object code, the text, site design, logos, graphics, the “look and feel” of the Services, documents, articles, products, graphs, photos, sounds, videos, reports and interactive features (collectively, " Stock Story Content "), are owned, controlled, or licensed by Stock Story. Stock Story Content is protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations and treaties. The Stock Story Content is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns, and other elements making up the Service are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in the Services. Any unauthorized use of Stock Story Content is prohibited. Any unauthorized use of the materials appearing on the Services may violate copyright, trademark, patent, and other applicable laws, rules, regulations, and treaties, and could result in criminal or civil penalties.
SOFTWARE LICENSE AND SERVICES
use the Site or Services for any illegal purpose.
copy Stock Story Content and Services, except that you may download or make a print copy of informational Stock Story Content such as articles and reports for your own personal, non-commercial use, provided that all copyright and other proprietary notices are retained.
use the Services or any content contained in the Service for any commercial purposes without our written consent.
copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Services without Stock Story’s prior written consent.
express or imply that any statements you make are endorsed by Stock Story.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents.
use the Services in any way that could interfere with, disrupt or negatively affect the Services or the servers or networks connected to the Services.
upload viruses or other malicious code or otherwise compromise the security of the Services.
misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
use another user’s account, share an account with another user, or maintain more than one account.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Services.
“frame” or “mirror” any part of the Services without Stock Story’s prior written authorization.
use meta tags or code or other devices containing any reference to Stock Story or the Service (or any trademark, trade name, service mark, logo or slogan of Stock Story) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use, transfer, distribute, or dispose of any information contained in the Services in any manner that could compete with Stock Story’s business.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission
use or develop any third-party applications that interact with the Services or other user’s content or information without our written consent.
use, access, or publish the Stock Story application programming interface without our written consent.
probe, scan or test the vulnerability of our Services or any system or network.
Stock Story owns and retains all proprietary rights in the Services. Unless otherwise specified herein, The provision of the Services does not transfer to User or any third party any rights, title or interest in or to such intellectual property, including, without limitation, any intellectual property rights in any Stock Story or third-party content.
Stock Story does not oversee, monitor, or otherwise guarantee any content accessed via the Site or Services and provides no warrantee with regard to this. Users are responsible for their own decisions. All rights not expressly granted herein are reserved. Where you purchase a subscription or a license to access any Services or Stock Story Content, you may not share that subscription or license with others. Stock Story may impose reasonable limits on your scope of access to any Services or Stock Story Content, including limits on time or number of materials accessed or machines used to access such Services or Stock Story Content, to prevent unauthorized third-party access to or use of that Stock Story Content.
Stock Story may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
In addition to the foregoing, you grant to Stock Story, worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Services any suggestion, enhancement request, recommendation, correction, or other feedback provided by you to Stock Story without compensating you. In consideration for Stock Story allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through any other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy. User Content included on your individual profile should be relevant to the intended use of our Services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details).
You understand that even though data transfers on the Site and Services are encrypted and we do our best to protect the security of your information and User Content, we cannot guarantee that certain operation of the Services, including transmission to and by Stock Story's third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Services will always be properly encrypted. Accordingly, you acknowledge that you bear sole responsibility for adequate security, protection and backup of User Content. We will have no liability to you for any unauthorized access or use of any of User Content, or any corruption, deletion, destruction or loss of any of User Content.
Our Services may only be used for lawful and ethical purposes. You agree that you will not post:
User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party, or any agreement with any party, including any licensing agreement entered into with a third party;
User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
User Content based on your knowledge of any material non-public information or User Content that constitute material, non-public information
User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including Stock Story;
Personal information of any third party, including, without limitation, surname (family name), addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
User Content that involves the transmission of “junk” mail or “spam”;
User Content that advertises or promotes any undertaking, for profit or otherwise, to other users or relates to commercial activities (including, without limitation, sales, competitions, promotions, and advertising);
User Content that includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian), or is an image or likeness or a minor unaccompanied by the minor’s parent or guardian;
User Content that is completely unrelated to the topic of the Site and Services;
User Content that is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry; or
User Content or links to content that, in the sole judgment of Stock Story, (a) violates the previous subsections herein, (b) is objectionable, (c) which restricts or inhibits any other person from using or enjoying the Site or the Services, (d) spreads or supports hateful, obscene, inflammatory, defamatory, libelous or incendiary speech or content; (e) promotes sexually explicit or violent content, (f) could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy other users or persons, (g) which may expose Stock Story or its affiliates or its users to any harm or liability of any type.
When you post any User Content, you also agree to abide by the following rules at the time of posting such User Content:
You shall disclose the existence of any material long or short position (including without limitation stocks, options or other instruments) in any stock mentioned in any User Content or any intent to change your position with respect to such stock (e.g. buy or sell) in a way that would be material to the market;
You shall not post any User Content regarding a particular stock with the intention to boost or reduce such stock’s price;
You shall disclose any and all material relationships with any companies’ stocks you refer to in any User Content you post and/or any parties that stand to gain in any way from the viewpoint you present in any User Content you post;
You shall not, at any time, post anything that could constitute material non-public information under applicable laws, rules or regulations; and
SUBSCRIPTIONS AND PAYMENTS
If you purchase an auto-recurring periodic subscription, your payment method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to access your account settings on Stock Story, and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Stock Story application from your device. Deleting your account on Stock Story or deleting the Stock Story application from your device does not cancel your subscription; Stock Story will retain all funds charged to your payment method until you cancel your subscription on Stock Story, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
STATE SPECIFIC TERMS
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Islan d and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Stock Story) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund under this provision please contact us at please contact us at email@example.com.
Notice to California Subscribers:
California Civil Code Section 1789.3 requires us to provide you with the following information: You may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210, or by email at firstname.lastname@example.org.
PUSH NOTIFICATION, COMMUNICATIONS AND LOCATION BASED FEATURES
By registering an account and/or using the Service, you consent to receiving electronic communications from us relating to your account, purchases and the Services. We may provide you with emails, text messages, push notifications, alerts and other messages related to the Services, such as enhancements, offers, products, events, and other promotions. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy.
After accessing the Services, you may be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the Services, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, by simply changing your account settings as you see fit or by emailing us with your request at email@example.com.
You understand that no content published on the Services constitutes a recommendation that any particular security, portfolio of securities, transaction or investment strategy is suitable for any specific person. You further understand that neither Stock Story nor our affiliates or information providers are advising you personally concerning the nature, potential, value or suitability of any particular security, portfolio of securities, transaction, investment strategy or other matter. To the extent that any of the content published on the Services may be deemed to be investment advice or recommendations in connection with a particular security, such information is impersonal and not tailored to the investment needs of any specific person. You understand that an investment in any security is subject to a number of risks, and that discussions of any security published on the Services will not contain a list or description of relevant risk factors. In addition, please note that some of the stocks about which content is published on the Services may have a low market capitalization and/or insufficient public float. Such stocks are subject to more risk than stocks of larger companies, including greater volatility, lower liquidity and less publicly available information. Articles, reports, postings or content on the Services which may or may not be deemed by you to be recommendations may have an effect on their stock prices.
You understand that the Services may contain opinions from time to time with regard to securities mentioned in another part of the Services which may have different content. While we require all users to disclose every stock in which they, their immediate family, or any entity under their control, have a personal interest, if such stock is mentioned in a User Content, you, however, understand and agree that we will have no liability to you for any access or use of any of User Content whether or not such User Content contains such disclosures. You understand that performance data is supplied by sources believed to be reliable, that the calculations on our Services are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Services to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
All content on the Services is presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data.
NO INVESTMENT RECOMMENDATIONS OR PROFESSIONAL ADVICE
The Services are not intended to provide tax, legal, insurance or investment advice, and nothing on the Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any security by Stock Story or any third party. You alone are solely responsible for determining whether any investment, security or strategy, or any other product or service, is appropriate or suitable for you based on your investment objectives and personal and financial situation. This Services contain information, including, without limitation, statements and statistics that have been obtained from sources believed to be reliable but are not guaranteed as to accuracy or completeness. The past performance of a mutual fund, stock, or investment strategy cannot guarantee its future performance. You should consult an attorney or tax professional regarding your specific legal or tax situation.
DISCLAIMER OF WARRANTY
YOU ACKNOWLEDGE THAT THE SERVICES ARE PROVIDED FOR INFORMATION PURPOSES ONLY AND IS NOT INTENDED FOR TRADING PURPOSES, THE SERVICE INCLUDES INFORMATION TAKEN FROM THE NEW YORK STOCK EXCHANGE, AMERICAN STOCK EXCHANGE, NASDAQ AND/OR OTHER SOURCES, STOCK STORY DOES NOT GUARANTEE THE SEQUENCE, ACCURACY, USEFULNESS, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE SERVICE AND THE PROVISION OF CERTAIN PARTS OF THE SERVICE IS SUBJECT TO THE TERMS AND CONDITIONS OF OTHER AGREEMENTS TO WHICH STOCK STORY IS A PARTY. ACCORDINGLY, ANYTHING TO THE CONTRARY HEREIN SET FORTH NOTWITHSTANDING, STOCK STORY, ITS OFFICERS AND EMPLOYEES, GENERAL PARTNER, AFFILIATES, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, SUPPLIERS AND ITS THIRD-PARTY AGENTS SHALL NOT, DIRECTLY OR INDIRECTLY, BE LIABLE, IN ANY WAY, TO YOU OR ANY OTHER PERSON FOR ANY INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE SERVICE INCLUDING, BUT NOT LIMITED TO, QUOTES AND FINANCIAL DATA, ABSTRACTS, DELAYS, ERRORS OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE SERVICE OR ANY LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE.
YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. BY ACCESSING OR USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICES.
STOCK STORY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. STOCK STORY DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL STOCK STORY, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
LINKS TO THIRD PARTY WEBSITES
Our Services may contain advertisements and promotions offered by third parties and links to third-party web sites or services that are not owned or controlled by Stock Story.
We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Stock Story 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 web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL STOCK STORY BE LIABLE FOR ANY DIRECT, INDIRECT, ECONOMIC, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL LOSSES OR DAMAGES RELATED TO: (A) THE SERVICES; (B) THE STOCK STORY CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (E) ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY STOCK STORY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (F) ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICES' TECHNICAL OPERATION; (H) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH OR FOLLOWING USE OF THE SERVICE OR (H) ANY DAMAGE THAT RESULTS FROM EVENTS BEYOND OUR REASONABLE CONTROL, SUCH AS DAMAGES TO ANY USER'S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF STOCK STORY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT.
IN NO EVENT WILL STOCK STORY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED THE AMOUNTS PAID BY YOU, IF ANY, TO STOCK STORY IN THE PAST SIX MONTHS, OR $10, WHICHEVER IS GREATER. THIS SECTION SHALL SURVIVE ANY EXPIRATION OR TERMINATION OF YOUR RELATIONSHIP WITH STOCK STORY.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF STOCK STORY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER STOCK STORY CONTENT OWNED OR CONTROLLED BY STOCK STORY, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER STOCK STORY CONTENT OWNED OR CONTROLLED BY STOCK STORY.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
INTELLECTUAL PROPERTY INFRINGEMENT AND DMCA COMPLIANCE
Users may not post content or use the Services for content that infringes on a third party’s intellectual property rights and we may remove any such content, without prior notice to users. Please notify us if you are aware of any intellectual property right infringement by a user of our Services. In compliance with Section 512 of the Digital Millennium Copyright Act of 1998 (the “ DMCA ”), we designate the following individual to receive any notifications of an alleged infringement:
Stock Story, Inc., 651 North Broad Street, Middletown, DE 19709 United States
An effective notification should include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has 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;
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
A notification that does not comply with all the above-mentioned requirements may not be valid. If you believe that a notice was wrongly filed against you, under the DMCA, you may file a counter-notice to our designated individual with the following information:
Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which we are located, or if your address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.
We are responsible for the investigation, defense, settlement and discharge of any intellectual property infringement relating to the Services.
It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
Stock Story will provide you with notice if your materials have been removed based on a third-party complaint of alleged infringement of the third-party's intellectual property rights.
IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL IS OR IS NOT INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED BY STOCK STORY, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF RELIANCE UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. You agree we may provide your notice to the provider of the allegedly infringing material.
We have a policy of terminating accounts of users who repeatedly and intentionally infringe the intellectual property rights of others.
Users may submit complaints, in writing, to firstname.lastname@example.org. Users must provide a detailed description of the basis of their complaint and their contact information to enable us to respond in a timely and appropriate fashion. All complaints are reviewed by Stock Story and Stock Story shall make commercially reasonable efforts to provide a response to users within 30 calendar days of submitting their complaint.
DISPUTE RESOLUTION PROCESS AND SCOPE
Initial Dispute Resolution – You and Stock Story each agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, “Disputes”) will be resolved in accordance with this “Dispute Resolution Process and Scope” Section. Before serving a demand for arbitration of a claim, User must first notify Stock Story of the claim by email to email@example.com, and seek informal resolution of the claim. Any notice from you must include your name, pertinent account information, a brief description of the claim, and your contact information. Stock Story shall have 60 days from the date of the receipt of the notice to informally resolve your claim, which, if successful, will preclude the need for any further action.
Binding Arbitration. If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then You and Stock Story each agree that such Dispute will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Stock Story agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this Agreement, and that you and Stock Story are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
Class Action Waiver. YOU AND STOCK STORY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Effect of Changes on Arbitration. Notwithstanding the provisions of the “Changes” Section below, if Stock Story changes any of the terms of this “Dispute Resolution Process and Scope” Section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to firstname.lastname@example.org within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Stock Story’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Stock Story in accordance with the terms of this this “Dispute Resolution Process and Scope” Section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
Stock Story may, from time to time and at our sole discretion, update these terms with or without notice to users. Users are encouraged to review our site, our Terms, and any notifications, messages and communications from us to ensure they are abreast of any changes as they are made. Ongoing use of the Site and Services implies consent to and acceptance of any changes. If you don’t agree to be bound by the updated Agreement, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
If you have any questions regarding this policy and your responsibilities under it please contact us at email@example.com.