OnWallStreet.com (the "Service") Subscription Agreement
The terms of this Agreement and all operating rules published over the Service constitute the entire agreement (collectively the "Agreement") between On Wall Street and you ("Subscriber") with respect to the Service. You agree to be bound by the terms of the Agreement.
2. On Wall Street may discontinue or revise any and all aspects of the Service or any of the information products on the Service at its sole discretion and without prior notice.
3. In no event shall On Wall Street be liable for any damages caused by the inability of the Subscriber to access the Service as a result of network or server downtime, transmission problems or otherwise. On Wall Street does not guarantee the uptime of the Services.
4. COPYRIGHT. All information available through the Service is protected by copyright or other intellectual property laws. You may display and print information obtained through the Service solely for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrieval device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service to anyone, without the express written consent of On Wall Street. You agree not to use any information obtained through the Service for any unlawful or unauthorized purpose.
5. THIRD PARTY PROVIDERS. All third party information available through the Service is protected by copyright or other intellectual property laws. You may display, print and transmit information obtained through the Service only for your own personal, non-commercial use. You may not reproduce, retransmit, distribute, store in a retrievable device, disseminate, sell, publish, broadcast or circulate the information obtained through the Service without the express written consent of On Wall Street.
6. Third party providers of news on the Service are not responsible for any delay in your receipt of the licensed information resulting from the inherent limitations of the internet transmission via the World Wide Web. Due to the number of sources from which the licensed information is obtained, and the inherent hazards of electronic distribution, there may be delays, omissions or inaccuracies in the licensed information. The licensed information is provided "as is", without any warranties. Third party news providers and their affiliates, agents and licensors cannot and do not warrant the accuracy, completeness, currentness, timeliness, noninfringement, title, merchantability or fitness for a particular purpose of the licensed information, and they hereby disclaim any such express or implied warranties. Neither the third-party providers nor any of their affiliates, agents or licensors shall be liable to you or anyone else for any loss or injury, other than death or personal injury resulting directly from use of the licensed information, caused in whole or part by its negligence of contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the licensed information. In no event will third-party providers, their affiliates, agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such licensed information. The third-party providers and their affiliates, agents and licensors shall not be liable to you or anyone else for any damages (including, without limitation, consequential, special, incidental, indirect or similar damages), other than direct damages, even if advised of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for damages or the exclusion of certain types of warranties, parts or all of the above limitation my not apply to you.
7. The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores or transmits digital content). By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio and/or video material shall not be published, broadcast, rewritten for broadcast or publication or redistributed directly or indirectly in any medium; (ii) No Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) The Associated Press will not be held liable for any delays, inaccuracies, errors or omissions there from or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) The Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) The Associated Press reserves the right to audit possible unauthorized commercial use of AP materials or any portion thereof at any time.
8. NETWORK SECURITY. Violations of this agreement include, but are not limited to, any attempt to avoid user authentication or security of any host, network or account. This includes accessing content that is not intended for visitors and logging into an account you are not expressly permitted to access. Attempting to force a denial of service by email bombing, packet spoofing or ping flooding, among other measures, is strictly prohibited. You are forbidden to perform any kind of network monitoring, including probing the security of networks or attempting to intercept data not intended for you.
9. Because of the possibility of human or mechanical error by On Wall Street or its licensors, neither On Wall Street nor any of its licensors guarantee the accuracy, adequacy, completeness, currentness or noninfringement of the service or any information on the service and are not responsible for any errors or omissions, for the results obtained from the use of the service or such information, or for delays or interruptions in the service. There are no express or implied warranties including, without limitation, warranties of merchantability or fitness for a particular purpose or use with respect to the service or any information available through the service. In no event will On Wall Street or any of its licensors be liable for damages, direct, indirect, special or consequential (including lost profits) in connection with the use of the service, even if notified of the possibility of such damages. The sole remedy of subscribers to the service in the event of a breach of this agreement by On Wall Street shall be to terminate this agreement. The provisions of this section will survive any termination of this agreement.
10. This Agreement is personal to you and you may not assign any of your rights or obligations under this Agreement to anyone. The Agreement constitutes the entire agreement between you and On Wall Street with respect to the Service and may be amended by notice by On Wall Street given on the Service as herein provided. On Wall Street is a division of SourceMedia, Inc. This Agreement shall be governed in all respects in accordance with the laws of the United States of America and New York State governing contracts to be wholly entered into and performed within New York State. The courts sitting in the State of New York, Federal and State, shall have exclusive jurisdiction of any dispute arising under this Agreement.
Notice may be given by On Wall Street through the Service including, without limitation, via e-mail or posting for access under "Agreement" on the home page or by mail to the last address given by the Subscriber to On Wall Street. Notice by a Subscriber shall be given to OnWallStreet.com Customer Service by e-mail to email@example.com, by fax to (212) 803-1592 or by mail to On Wall Street, One State Street Plaza, New York, NY 10004. Notices shall be deemed given when posted on the Service or on the recipient's e-mail or when received if sent by facsimile or mail.
Rules of Conduct
By using the On Wall Street Discussion Board, you acknowledge and agree to the following:
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not On Wall Street, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the On Wall Street Discussion Board. On Wall Street does not control the Content posted via the On Wall Street Discussion Board and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the On Wall Street Discussion Board, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will On Wall Street be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the On Wall Street Discussion Board.
You agree to not use the On Wall Street Discussion Board to:
a. upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the On Wall Street Discussion Board;
e. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email or otherwise transmit "chain letters," "pyramid schemes;"
h. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the On Wall Street Discussion Board or servers or networks connected to the On Wall Street Discussion Board, or disobey any requirements, procedures, policies or regulations of networks connected to the On Wall Street Discussion Board;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another;
m. collect or store personal data about other users;
n. post content in formats other than plain text; or
o. post classified or any other type of advertisements.
You acknowledge that On Wall Street does not pre-screen Content, but that On Wall Street and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the On Wall Street Discussion Board. Without limiting the foregoing, On Wall Street and its designees shall have the right (but not the obligation) to remove any Content that violates the Rules of Conduct or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by On Wall Street or submitted to On Wall Street, including without limitation information in the On Wall Street Discussion Board.
You acknowledge and agree that On Wall Street may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the Rules of Conduct;
(c) respond to claims that any Content violates the rights of third-parties; or
You understand that the technical processing and transmission of the On Wall Street Discussion Board, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
By posting to the On Wall Street Discussion Board, you hereby grant On Wall Street:
(a) a worldwide, royalty-free, non-exclusive license to include the Content you submit on On Wall Street Discussion Board, as well as in any other website, printed or electronic publication, regardless of media;
(b) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content for the purposes of providing and promoting the On Wall Street Discussion Board or other goods and services of On Wall Street; and
(c) the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.