Terms of Service
Welcome to The Stock Lounge! A trade sharing site and social networkconnecting like-minded traders. We hope you enjoy the services offeredand continue to interact with the community of The Stock Lounge members.
The Stock Lounge services and networks are operated by Stock StreetCapital, LLC. (“SSC”, “we”, “us” or the “Company”), its divisions,subsidiaries and business partners (collectively “Affiliates”). Byaccessing or using this site and all sub-domains (the “Sites"), or byposting a SSC widget on your own site, or by using any SSC poweredapplication or services available outside of the Sites (collectivelythe “Services”), you ("User", “your”, “you”) indicate that you read,understand and agree to be bound by these Terms of Service ("Terms ofService" or "Agreement"), whether or not you are a registered member ofSSC. You also understand and agree that the Services may includeadvertisements and that these advertisements are necessary for SSC toprovide you with the Services.
We reserve the right to change, modify, add, or delete portions ofthese Terms of Service at any time without further notice. We will;however, post advance notice of the changes to these Terms of Serviceon this page and will indicate at the top of this page the date theseterms were last revised. Your continued use of the Sites or theServices after any such changes constitutes your acceptance of the newTerms of Service.
If you do not wish to be bound by these or any future Terms of Service,do not use or access (or continue to use or access) the Sites or theServices. It is your responsibility to regularly check this Agreementto determine if there have been changes to these Terms of Service andto review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANTLEGAL INFORMATION, REMEDIES AND OBLIGATIONS, AND VARIOUS LIMITATIONSAND EXCLUSIONS. BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THETERMS OF SERVICE, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT.
1. ELIGIBILITY
Membership in the Services is void where prohibited.
Use of the Services are only intended for members who are sixteen (16)years of age or older. Any registration by, use of or access to theServices by anyone under or assumed to be under the age of 16, may havetheir account and profile suspended or terminated without notice as aviolation of these Terms of Service. By using the Services, yourepresent and warrant that you are 16 years of age or older, that youare not a person barred from receiving the Services under the laws ofyour Country of residence, or any applicable jurisdiction, and that youagree to and abide by all of the terms and conditions of this Agreement.
2. REGISTRATION
By use and in consideration of the use of the Services you agree to:
a) Provide accurate, current and complete information about you duringregistration;
b) Keep accurate, current and complete the information about you afterregistration, and any other information you provide to SSC;
c) Maintain the security and confidentiality of your password andidentification;
d) Immediately notify SSC of any unauthorized use of your password oraccount or any other breach of security;
e) Maintain only one personal registration with SSC;
f) Be fully responsible for all use of your account, any information,data, text, software, music, sound, photographs, graphics, video,messages, goods, products, services or other materials
(collectively “Content”) contributed and for any actions that takeplace using your account;
Additionally, you agree not to select, create or use:
g) A username, profile or email address with the intent to impersonateanother person or entity;
h) A username, profile or email address subject to the rights of anyperson other than you without authorization;
i) A username or profile in violation of intellectual property rightsof any person or entity; and/or
j) A username or profile that SSC, at its sole discretion, deemsoffensive.
The right to use the Services is personal to you and is nottransferable by assignment, sublicense, or any other method to anyother persons or entities. If information provided by you is untrue,inaccurate, not current or incomplete, or SSC has reasonable grounds tosuspect that such information is untrue, inaccurate, not current orincomplete, or if you do not meet any of (c) to (g) above, SSC has theright to suspend, withhold or terminate your account and refuse any orall current or future use of the Services (or any portion thereof).
3. TERM & TERMINATION
This Agreement will remain valid and in effect during your use of theServices and/or are a registered member. You may terminate yourmembership for any reason, at any time by contacting SSC with your userdetails and request through the contact form.
You agree that SSC may, under any reasons and without prior notice,immediately suspend, withhold and/or terminate your SSC account, anyassociated files and Content, and access to the Services. Reasons for asuspension, withholding or termination may include, in addition tothose explicitly addressed throughout this Agreement, but not limitedto:
(a) Breaches or violations of the Terms of Service or otherincorporated agreements, terms and conditions or guidelines made inaddition to this Agreement;
(b) Requests by law enforcement or other government agencies;
(c) Requests by you (self-initiated account deletions);
(d) Discontinuance or material modification to the Services (or anypart thereof);
(e) Unexpected technical, administrative or security issues or problems;
(f) Extended periods of inactivity; and/or
(g) Engagement by you in fraudulent or illegal activities;
Further, you agree that all suspensions, withholdings and/orterminations shall be made in SSC's sole discretion and that SSC andAffiliates shall not be liable to you or any third party for anysuspension, withholding and/or termination of your account, anyassociated files and Content, or access to the Services.
All provisions of this Agreement, except for any licenses granted toyou, survive any suspension, withholding or termination of your account.
4. NATURE OF SERVICES
Member specific services includes various publishing and communityfeatures, including but not limited to the capability to postinformation through the Services, participate in web-based discussionsand interact with other SSC members. Members are also able to activelyparticipate in community features, including voting, commenting onand/or contributing to other members’ generated Content. All memberContent displayed in the form of a web log, forecast, forum, virtualtrade, message, discussion board, or any other means to share Contentthrough the Services are solely the opinions of the contributors of theContent, and do not in any way reflect the opinions of SSC, Affiliatesor that of any other member. Any information displayed through theServices are for discussion and informational purposes only. SSC,Affiliates and its licensors shall not be responsible or liable for theaccuracy, usefulness or availability of any information transmitted ormade available via the Services.
Information displayed through the Services are not intended in any wayas an advice, a reliance or a recommendation and should not replace thedue diligence process that every member should undertake before makingan investment decision. SSC and Affiliates are neither investmentadvisory service providers nor investment advisors, and do not purportto say to, or suggest to what securities to transact. Neither SSC,Affiliates, any persons under their employment, contracted by, ormanaged by, licensors or other entities affiliated with SSC areresponsible or liable for any trading or investment decisions based onsuch information displayed on the Sites and through the Services. SSCadvises that you always consult an authorized financial professional toverify the accuracy of stock prices and any other related informationrather than relying on any information on the Sites and the Services.SSC reserves the right at any time and from time to time to modify,limit or discontinue, temporarily or permanently, the Services (or anypart thereof) with or without notice. You agree that SSC and Affiliatesshall not be liable to you or any third party for any modification,suspension or discontinuance.
5. PROPRIETARY RIGHTS & OWNERSHIP
You acknowledge and agree that the Services and any necessary softwareand application used in connection with the Services ("Software")contain proprietary and confidential information that is protected byapplicable intellectual property and other laws. You furtheracknowledge and agree that content contained in sponsor advertisementsor information presented to you through the Service or by advertisersis protected by copyrights, trademarks, service marks, patents or otherproprietary rights and laws. Except as expressly authorized by SSC oradvertisers, you agree not to modify, rent, lease, loan, sell,distribute or create derivative works based on the Services or theSoftware, in whole or in part.
SSC grants you a personal, non-transferable and non-exclusive right andlicense to use the object code of its Software on a single computer;provided that you do not (and do not allow any third party to) copy,modify, create a derivative work from, reverse engineer, reverseassemble or otherwise attempt to discover any source code, sell,assign, sublicense, grant a security interest in or otherwise transferany right in the Software. You agree not to modify the Software in anymanner or form, or to use modified versions of the Software, including(without limitation) for the purpose of obtaining unauthorized accessto the Services. You agree not to access the Services by any meansother than through the interface that is provided by SSC for use inaccessing the Services.
All contributed Content contained within the Sites and through theServices are by natural right the property of the contributing member.While SSC strives to present accurate and useful information, SSC makesno guarantee of the accuracy, truthfulness, intent or completeness ofmember contributed Content. Unless otherwise stated for specificservices, you shall retain copyright ownership and all related rightsto the Content you contribute on the Sites or through the Services.However, you agree to grant SSC the world-wide, irrevocable,royalty-free, indefinite, and non-exclusive right and license, but notthe ownership, to reproduce, modify, publish, and use for any otherreasons that SSC chooses, your Content. You agree not to modify,reproduce, duplicate, copy, transmit, republish, sell, license, trade,resell, create derivative works from, transfer, unrightfully claimownership or exploit for any commercial purposes, all or any portion ofother member contributed Content without their express consent.
Additionally, through continued development of Internet technology, youagree to have your Content copied, distributed, used and displayedthrough RSS aggregators, search engines optimizers, and any futurerelated distribution technology.
6. CONTENT RESPONSIBILITY & CONDUCT
You acknowledge and agree that SSC neither endorses your contributedContent or communications or that from any other member, nor does SSCpre-screen or assume liability and responsibility for any threatening,libelous, obscene, harassing or offensive material contributed by you,or those contained therein, any infringement of third partyintellectual property rights arising therefrom or any crime facilitatedthereby. You are solely responsible and agree to accept responsibilityfor all contributed Content on the Sites and through the Services.
By use of the Services you agree not to engage in or contributethreatening, libelous, obscene, harassing or offensive information, andthat contributed are not for the purpose of deceiving, cheating,leading, generating false intentions or carrying out of illegal acts.You agree to comply with all applicable local, state, national and/orinternational laws and regulations, not to interfere or disruptnetworks connected to the Services, comply with all regulations,policies and procedures of networks connected to the Services. Youfurther agree, represent and warrant that you will not:
a) upload, post or transmit any Content that infringes any patent,trademark, trade secret, insider information, copyright, rights ofprivacy or publicity, or any other proprietary or non-public materialinformation;
b) upload, post or transmit unsolicited commercial email or “spam”(including, but not limited to, unethical marketing, advertising, orany other practice that is in any way connected with “spam”, such as i)mass emailing recipients, ii) promoting of a site, service or productnot affiliated with or authorized by SSC, and iii) advertising of asite, service or product through submissions on public web logs,forums, threads or any other communication means);
c) upload, post, transmit or otherwise make available any Content asmentioned above, or in addition unlawful, harmful, inappropriate,abusive, tortuous, defamatory, pornographic, obscene, hateful,racially, ethnically, or otherwise discriminatory and invasive toanother member;
d) upload, post or transmit any Content that contains software virusesor any other computer code, files or programs designed to interrupt,destroy or limit the functionality of any computer software or hardwareor telecommunications equipment;
e) support or provide resources (or to conceal or disguise the nature,location, source, or ownership of material support or resources) to anyperson, entity or parties designated by the government of the UnitedStates as a criminal or a terrorist organization pursuant to section219 of the Immigration and Nationality Act, or any designations by thegovernment of the country or region in which you reside;
f) intentionally or unintentionally violate any applicable local,state, national or international law, including, but not limited to,regulations promulgated by the United States Securities and ExchangeCommission, the Ontario Securities Commission, any rules of anynational or other securities exchange, including without limitation theNew York Stock Exchange, the American Stock Exchange, the NASDAQ or theToronto Stock Exchange, and any regulations having the force of law;
g) harm any minors in any way;
h) collect or store personal data about other users of the Services;
i) use the Services to solicit users to participate in or use servicesthat compete with the Services;
j) use web logs, forums, threads or any other communications medium toforward service to another website; and/or
k) use the Services in bad faith.
In accordance with the Termination clause, you agree that any breachesof or in combination of, but not limited to, (a) to (i), SSC reservesthe right to suspend, withhold and/or terminate your account.
7. PRIVACY POLICY
Your personal information and certain other information about you aresubject to our Privacy Policy, which are incorporated into thisAgreement by reference. SSC does not bear any liability andresponsibility for any actions or policies of third parties. You shouldalso be aware that when you voluntarily disclose personal informationin your contributed Content, that information can be collected and usedby others and may result in unsolicited messages from other members orthird parties.
Your personal information and certain other information about you aresubject to our Privacy Policy, which are incorporated into thisAgreement by reference. SSC does not bear any liability andresponsibility for any actions or policies of third parties. You shouldalso be aware that when you voluntarily disclose personal informationin your contributed Content, that information can be collected and usedby others and may result in unsolicited messages from other members orthird parties.
8. STORAGE
SSC assumes no responsibility for the deletion or failure to storeinformation entered through the Services.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply withall local rules regarding online conduct and acceptable Content.Specifically, you agree to comply with all applicable laws regardingthe transmission of technical data exported from the United States,Canada, the Special Administrative Region of Hong Kong or the countryand region in which you reside.
10. TRADEMARKS
The The Stock Lounge Logo, TheStockLounge.com, and other logos,graphics, products and services names are trademarks of STOCK STREETCAPITAL, LLC, and may not be used without the prior express writtenconsent of the Company.
11. EQUIPMENT & ACCESS
You agree to be responsible for obtaining and maintaining alltelephone, computer hardware and other equipment needed for access toand use of the Internet in order to access the Sites and the Services,and shall further be responsible for all charges related thereto.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE FORUMS AND THE SITES ARE AT YOURSOLE RISK. NEITHER TH AND AFFILIATES, NOR ANY OF THEIR RESPECTIVEEMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTSTHAT USE OF THE SERVICS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOTHEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USEOF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANYINFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICES OR THEFORUMS.
B. THE SERVICES AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUTWARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOTLIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITYOR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICHARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATIONUNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANYDAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION ORTRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT ORDESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDERANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TH IS NOTLIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRDPARTIES, MEMBERS, OR OTHER USERS OF FORUMS AND THAT RISK OF INJURY FROMTHE FORGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL TH OR ANY PERSONS OR ENTITIES INVOLVED IN CREATING,PRODUCING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT,INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUTNOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USEOF OR INABILITY TO USE THE SERVICES OR OUT OF THE BREACH OF ANYWARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTIONSHALL APPLY TO ALL CONTENT ON THE SERVICES AND THE FORUMS.
E. TH NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY ORRELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICES ANDFORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ONTHE FORUMS BY ANYONE OTHER THAN AUTHORIZED TH EMPLOYEE SPOKESPERSONSWHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILLTH BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ONINFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICES AND/OR ANYPOSTING ON THE FORUMS. IT IS YOUR RESPONSIBILITY TO EVALUATE THEACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION,ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES AND/OR THE FORUMS.PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THEEVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHERCONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, BUSINESS, ECONOMICNEWS, OPINION, ADVICE, OR OTHER CONTENT.
F. TH DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICEOFFERED BY A THIRD PARTY THROUGH THE SITES AND WILL NOT BE A PARTY TOOR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTYPROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT ORSERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOURBEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. YOU SPECIFICALLY ACKNOWLEDGE THAT IN NO EVENT WILL TH ANDAFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLEFOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGESARISING OUT OF (i) THE USE BY YOU OF ANY BROWSERS OWNED OR OPERATED BYANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATEDBY ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.
H. YOU AGREE THAT THE LIABILITY OF TH AND AFFILIATES, AGENTS, ANDLICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER INCONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES ORTHE INFORMATION ON THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TOTH, FOR USE OF THE WEB. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THEEXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTALDAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
You agree to indemnify and hold TH and Affiliates, their employees,officers, and its agents harmless from and against any and all claims,damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney's fees) arising from your use ofthe Services or from your violation of this Agreement or any thirdparty's rights including but not limited to copyright, property, andprivacy rights. This indemnification and hold harmless obligation willsurvive this Agreement and your use of the Services.
14. LINKS TO THIRD-PARTY SITES
The Sites and the Services may contain hyperlinks to other domainsoperated by parties other than SSC, and other resources andadvertisers. Such hyperlinks are provided for your reference only. SSCis not responsible for the availability of these external sites, nor isit responsible for any of the content, advertising, products, or othermaterials on such external sites. SSC’s inclusion of hyperlinks to suchdomains does not imply any endorsement of the material on such domainsor any association with their operators. Under no circumstances shallSSC be held responsible or liable, directly or indirectly, for any lossor damage caused or alleged to have been caused in connection with theuse of or reliance on any content, goods, or services available on suchexternal domains. Any concerns regarding any external link should bedirected to its respective site administrator or webmaster.
15. MISCELLANEOUS
This Agreement and any operating rules for the Sites and the Servicesestablished by SSC constitutes the entire agreement of the parties withrespect to the subject matter hereof, and supersede all previouswritten or oral agreements between the parties with respect to suchsubject matter. You agree that this Agreement and the relationshipbetween you and SSC shall be governed by and construed in accordancewith the laws of the State of North Carolina, without regard to itsconflict of laws or regulations. No waiver by either party of anybreach or default hereunder shall be deemed to be a waiver of anypreceding or subsequent breach or default. The section headings usedherein are for convenience only and shall not be given any legalimport. If any provisions of this Agreement or incorporated documentsare found by a court of competent jurisdiction to be invalid orunenforceable, you and the parties agree that the court shall endeavorto give effect to the intentions as reflected in such provision to themaximum extent permitted by law, and the other provisions of thisAgreement remain in full force.
The failure of SSC to exercise or enforce any right or provision ofthis Agreement or any additional agreements thereto at any time shallnot constitute a waiver of such right or provision in the future.
You agree that regardless of any statute or law to the contrary, anyclaim or cause of action arising out of or related to use of theServices or this Agreement must be filed within a statute of limitationof one (1) year after such claim or cause of action arose or be foreverbarred.
Neither SSC, Affiliates, nor any of their respective agents shall beliable in any way whatsoever under any theory of claim of law or inequity for or due to any act or circumstances beyond their reasonablecontrol, including but not limited to acts of God, power failures,equipment and software malfunctions, war, terrorism, fire, earthquake,floods or other natural disasters, Internet interruption or failure,organized labor strikes, or new government regulations and laws, evenif such party has been advised of the possibility of such damages.