Terms of Use

Terms of Use

WallStreetSparks, Inc. d/b/a www.wallstreetinsanity.com (“Site,” “WSI,” “us,” “our” or “we”) provides this website to you under the following terms and conditions (“Terms of Use”). Our Privacy Policy, as may be amended from time to time, which explains how we collect and use information from visitors to the Site, is incorporated by reference in these Terms of Use. By using our web site, applications, mobile sites, any of the features of this site, including but not limited to RSS, API, software and other downloads or submitting any information to us, you consent to and agree to be bound by these Terms of Use and our Privacy Policy and all other operating rules, policies and procedures that may be published by us from time to time on the Site, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you.

Our website can be accessed from the domain name: www.WallStreetInsanity.com

General Guidelines

WSI grants you a limited, revocable, non-exclusive, non-transferrable license to view, copy and print content on the Site for personal, non-commercial purposes. WSI grants the operators of public search engines a limited, non-exclusive, non-transferrable license to copy materials from the Site for the purpose of creating publicly available, searchable indices of Site content. You agree not to modify, damage, disrupt, disable, overburden, impair, alter or interfere with the use, features, functions, operation, security or maintenance of the Site or the rights or use and enjoyment of the Site by any other person or entity in any manner. You are prohibited from posting or transmitting any material on or through the Site that, in WSI’s sole opinion, is or could be offensive, fraudulent, unlawful, threatening, disingenuous, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. WSI will fully cooperate with any law enforcement authorities or court order requesting or directing WSI to disclose the identity of anyone posting any such information or materials on the Site. If you violate these Terms of Use in a way that causes harm to others, you agree to hold WSI harmless against any liability.

WSI Content and Submissions

The information and content provided on the Site is intended for your personal and noncommercial use. Any materials published by WSI (including, but not limited to news articles, photographs, text, images, illustrations, audio clips and video clips, collectively referred to herein as “Content”) are protected by copyright, and owned or controlled by WSI or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Site. All Content provided by WSI, whether on the Site or in separate communications, is protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content in whole or in part without prior written consent of WSI, such consent to provided in the parties sole discretion. You shall not, without the express prior approval of WSI, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services without prior consent of WSI. We permit third-parties to submit user generated Content to the Site, including but not limited to: comments, articles, text, video, audio, photographs or other communications (collectively referred to as “Submissions”) that we may, in our sole discretion, publish on WSI. By providing Submissions on, through or to our Site or WSI you are giving WSI, and our affiliates, the right to display and/or publish such Submission on the Site and its affiliated publications (either in the form submitted or in the form of a derivative or adapted work), to store such Submission, distribute such Submission and use such Submission for promotional and marketing purposes. You agree that WSI has no responsibility or liability for the deletion or failure to store any Submission or other communications or other Content maintained or transmitted to by or WSI.

You are solely responsible for any Submission you provide to WSI and the consequences of providing WSI such Submission. By providing WSI with your Submission, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Submissions to enable inclusion and use of such Submissions in the manner contemplated by WSI and these Terms of Use and you have the written consent, release, and/or permission of each and every identifiable individual person in such Submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions. Unless otherwise agreed to in writing, you shall not be entitled to any fee, commission, remuneration, compensation, reimbursement or royalty of any kind for any Submission, regardless of whether published on the Site or any other media used by WSI. You agree to immediately notify the Site if you become aware of or have reason to believe that any Submission violates the intellectual property rights of any third party. In furtherance of the foregoing, you agree that you will not: (i) submit any Content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein; (ii) publish falsehoods or misrepresentations; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. You further represent and warrant that Submissions do not contain confidential or proprietary information; (a) WSI is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (b) WSI shall be entitled to use or disclose (or choose not to use or disclose) such Submission for any purpose, in any way, in any media worldwide; (c) WSI may have something similar to the Submission already under consideration or in development; (d) your Submission automatically become the property of WSI without any obligation of WSI to you; and (e) you are not entitled to any compensation or reimbursement of any kind from WSI unless prior agreed to in writing by an authorized officer of WSI. Publication of any Submission in any medial form (i.e. newsletter, email correspondence, hyperlink etc.) is made at WSI’s sole discretion. You acknowledge that your Submission may be edited, removed, modified, published, transmitted, and displayed by WSI and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to WSI may also be included in our RSS feeds, APIs and made available for republishing through other formats. Additionally, you acknowledge and agree that WSI may, at its sole discretion, publish your Submission on other websites and media forms, including but not limited to newsletters or syndications with other publications, or a hyperlink to your submission on the Site posted on third-party Sites.

You understand and agree that the Content includes information, views, opinions, and recommendations of many individuals and organizations and is provided for entertainment purposes only. We do not endorse any recommendation or opinion made by any user. We may not screen, edit, or review Submissions or independently verify any information. You should also be aware that other users may use our services for personal gain. Content may be misleading, deceptive, or in error. WSI does not provide or endorse any investment advice or recommendations. We strongly advise that you consult a financial advisor before making anyinvestment.

The Content provided may from time to time news, commentary and forward looking statements regarding securities, specific companies, the financial markets and/or economy. None of the Content on the Site or any information provided to you by WSI, its officers, directors and affiliates shall constitute a solicitation, offer, opinion, investment advice or recommendation to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment. As with any investment, the featured companies in the Site or any communication to you, including but not limited to our newsletter, involve a high degree of risk and volatility, and all investors should know that they may lose a portion or all of their investment if they decide to purchase any stock. WSI, its affiliates, employees, directors and agents make no representations, warranties or guarantees as to the accuracy or completeness of the disclosure by the advertised companies and does not guarantee the topicality, correctness, completeness and quality of information and statements presented on the Site or in any email alerts, news letters or other such communications. You acknowledge, understand and agree that none of WSI corporate officers, nor any of its affiliates are registered investment advisors or brokers and do not recommend to buy, hold, or sell any securities. You are strongly advised to and agree to consult a financial advisor and to independently diligence the contemplated investment. We do not verify the information, and makes no warranty that the information is accurate. You are solely responsible for conducting any legal, accounting or due diligence review and covenant that any investment decision shall not be made reliant on the Content provided by WSI.

You acknowledge, understand and agree that private placements, small and micro-cap stocks are high-risk investments and that you may lose the entirety of your investment. WSI is a media platform and may receive compensation for advertising companies on the Site, our newsletter or other forms of communications. Short term investing involves significant risk, and you can lose some or all of your investing capital. WSI does not attempt to verify the accuracy of the information contained in said resources, and does not represent or warrant the accuracy contained in these resources. The Content and other information provided on this Site or in other forms of communication to you contain “forward looking statements” as defined by securities regulations. Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions, or future events or performance are not statements of historical fact and may be “forward looking statements.” Forward looking statements are based on expectations, estimates, and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. We encourage our readers to invest carefully and review all forms of investments and read the investor information. More information on the companies may be found at http://www.sec.gov. The Content and any information provided to your by WSI is provided for informational and entertainment purposes only.

No Representations or Warranties

WSI does not endorse, represent or warrant the reliability or accuracy of any Content distributed through or accessed from the Site, and has not performed any investigation into such Content. WSI is entitled to rely upon the information provided by its users. To the fullest extent permissible by law, WSI assumes no liability or responsibility for any errors or omissions in the Content provided on this the Site. WSI has not reviewed all of the links provided on the Site and is not responsible for the content of any off-Site pages. Clicking on hyperlinks and visiting any off-Site pages is done at your own risk.

Submissions Regarding Securities and Financial Markets

In the event that your Submission includes information, news or data regarding any security, as the term is defined by the Securities Act of 1933, as amended, investment contract or financial instrument, you agree to (i) disclose your ownership interest, whether direct or indirect, in such securities (or any derivative thereof) named in such Submission, (ii) disclose any conflict of interest, (iii) not write about any security in which you executed a transaction until two (2) market days after such transaction, (iv) not execute a transaction in any security or financial instrument named in your article until two market days after the article is published, (v) clearly identify whether you are employed or affiliated by a member of the Securities and Exchange Commission or Financial Industry Regulatory Authority (“FINRA”), and (vi) prominently disclose whether you are an investment advisor or financial planner. Employees or affiliates of a broker-dealer or investment adviser are solely responsible for contacting their compliance department prior to providing the Site with any Submission.

Digital Millennium Copyright Notice

We respect the intellectual property of others, and we ask you to do the same. If you or any user of our Site believes its copyright rights have been infringed on our Site, the copyright(s) owner (“Complaining Party”) should send notification to Our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
• Identification of the copyrights(s) claimed to have been infringed;
• Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number and, if available, an electronic mail address at which the Complaining Party may be contacted;
• Identification of the material that is claimed to be infringing the Complaining Party’s copyrights(s) that is to be removed and information reasonably sufficient to permit us to locate such materials;
• 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, agent, or by law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive copyrights that is allegedly infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), WSI’s
Designated Agent for notice of claims of copyrights infringement can be contacted at the
addresses below.

Designated Agent for Claimed Infringement:

WallStreetSparks, Inc. d/b/a www.wallstreetinanity.com
Postal Address:
725 River Road
#32-171
Edgewater , NJ 07020
Attn: Copyright Agent
E-mail address: info@wallstreetinsanity.com

You acknowledge, accept and agree that if we receive a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA.

Please note that this procedure is exclusively for notifying WSI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with our rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws. Allegations that other intellectual property right is being infringed should be sent to info@wallstreetinsanity.com.

Intellectual Property

The trademarks, logo and slogans displayed on the Site, including but not limited to the marks “Wall Street Insanity” and “WSI”, our newsletter and/or and other communication to you (collectively the “Trademarks”) are owned by WSI and others. Nothing on this Site or any other communication to you should be construed as granting any license or right to use the Trademarks without express prior written permission of WSI. Your misuse of the Trademarks, or any other Content on the Site, except as provided in these Terms of Use, is strictly prohibited. You are advised that WSI will aggressively enforce its intellectual property rights to the fullest extent of the law. All software and content included on this site, such as text, graphics, logos, button icons, images, audio clips, and software, is the owned or licensed property of WSI or its software and content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is the exclusive property of WSI and protected by U.S. and international copyright laws. WSI grants you permission to view and use content and software made available to you on the site in connection with your use of the site. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content and software on this site is strictly prohibited. If you use the materials or Trademarks on this Site in a way that is not clearly allowed by these Terms of Use, you are violating your agreement with us and may be violating copyright, trademark, and other laws. In that case, we automatically revoke your permission to use this website. Title to the materials remains with us or with the authors of the materials contained on this website. All rights not expressly granted are reserved. By providing WSI with your Submission, you grant WSI, its affiliates and subsidiaries a perpetual, irrevocable, nonexclusive, world-wide, royalty free, sub-licensable license to the Submission, which includes without limitation the right for WSI or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail or scanning).

Communications

You agree that WSI may send communications to you via your mailing address, email, telephone or facsimile number provided by you on your Account. You agree to notify us of any changes in your address or contact details. WSI may also deliver information verbally. Communications shall be deemed delivered to you when sent and not when received. Your use of electronic signatures to sign documents legally binds you in the same manner as if you had manually signed such documents. The use of an electronic version of documents fully satisfies any requirement that such documents be provided you be provided to me in writing. If you sign electronically, you represent that you have the ability to access and retain a record of such documents. You agree that you are responsible for understanding these documents and agree to conduct business by electronic means. You are obligated to review the Site periodically for changes and modifications and agree not to contest the admissibility or enforceability the Site’s electronically stored copy of this Agreement in any proceeding arising out of this Agreement.

Although you consent to electronic delivery, you may elect to deliver communications by other means and such delivery shall not affect your consent. You may revoke consent to electronic delivery of communications and receive a paper visions at your election. WSI shall have a reasonable period to effect such a change and WSI may charge you a reasonable fee for sending such paper copies. If you elect to use electronic delivery, you agree and represent that you have a suitable computer with Internet access, an email address and the availability to download, save and/or print communications to retain a record of such communications. You agree that you are solely responsible for maintaining such equipment and services required for online access. You agree that any Content can be used by WSI or its affiliates for any purpose. WSI is free to use any idea, concepts, know-how, techniques, etc. contained in any communication to the Site of the WSI for any purpose.

Change or Termination

We may, without prior notice, change the Site, stop providing the Site, applications or services, or create usage limits for the Site. Upon termination of these Terms of Use or your access to the Site for any reason or no reason, you will continue to be bound by these Terms of Use which, by their nature, should survive termination, including without limitation ownership provisions, warranty disclaimers, indemnity, and limitations of liability. WSI reserves the right, in its sole discretion, without any obligation and without any notice requirement, to change, improve or correct the information, materials and descriptions on the Site for any reason. The information and materials on the Site may contain typographical errors or inaccuracies. Any dated information is published as of its date only, and WSI does not undertake any obligation or responsibility to update or amend any such information. You agree that WSI and its subsidiaries and affiliates will not be liable to you or to any third party for any such modification, suspension or discontinuance.

The Site is continually under development. We will make an effort to correct errors brought to our attention. The Content is for entertainment purposes only. Because we will continue to seek to improve the services and features we provide on the Site, WSI reserves the right to amend, modify or update these Terms of Use in its discretion at any time and without notice. Any changes or updates will be effective immediately upon posting to this Site. For that reason, we encourage you to review these Terms of Use periodically. In the case of any violation of these Terms of Use, WSI or its affiliates reserves the right to seek all remedies available at law and in equity for such violation.

Disclaimer of Liability

Your use of the Site and any services by WSI from time to time is at your own risk. To the fullest extent permissible by law, neither WSI nor any other party involved in creating, producing, or delivering the Site shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you “as is” without warranty of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. WSI assumes no responsibility for, and shall not be liable for, any damages to or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site. We do not, and cannot, represent, warrant or guarantee that any Content or information provided on this Site is true, correct, complete or accurate.

Although WSI may from time to time monitor or review discussions, postings, transmissions, and the like on the Site, WSI is under no obligation to do so and assumes no responsibility or liability arising from such content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, profanity, danger or inaccuracy contained in any information within such locations on the Site. WSI reserves the right to remove any content from the Site or to restrict access to the Site for any reason without notice.

OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, MARKET DATA, STOCK QUOTES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING MARKET DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. SUCH CONTENT IS NOT INTENDED FOR THE PURPOSE OF TAX OR INVESTMENT ADVICE AND IT DOES NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES

US Jurisdiction

The Content provided on this site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. If you are located outside of the United States, your use of the Site is done on your own risk and initiative and you, not us, are responsible for compliance with any applicable local and national laws. The content, material and information contained on the Site does not constitute an offer or solicitation and may not be treated as an offer or solicitation (i) in any jurisdiction where such an offer or solicitation is against the law; (ii) to anyone to whom it is unlawful to make such an offer or solicitation: (iii) if the person making the offer or solicitation is not qualified to do so.

This Site is not directed at you if we are prohibited by any law of any jurisdiction from making the information on this site available to you. You should satisfy yourself before accessing the Site that we would be allowed to provide the Content to you under the law of the jurisdiction in which you reside. It is your responsibility to be aware of and to observe all applicable laws and regulations of any relevant jurisdiction, including the one in which you reside.

Governing Law

These Terms of Use are governed by the internal substantive laws of the New York, without respect to its conflict of laws principles, and the federal laws of the United States. By using this website, you agree that all disputes arising out of or relating to your use of this website shall be brought and heard either in the New York state courts located in New York, New York, or the federal district court for the Southern District of New York located in New York City, New York. By your use of this website, you consent to the in personam jurisdiction and venue of such courts.

Indemnification

You agree to indemnify, defend and hold WSI and any of its affiliates, and any of its successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of these Terms of Use by you or arising from your use of the Site. WSI reserves the right to assume, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with WSI in the defense of any such claim, action, settlement or compromise negotiations, as requested by WSI.

Waiver of Rights

The failure of WSI to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WSI. Except as expressly set forth in these Terms of Use, the exercise by either party of any of its remedies under these Terms of Use will be without prejudice to its other remedies under these Terms of Use or otherwise. If for any reason a court or arbitral, as applicable, of competent jurisdiction finds any provision of these Terms of Use invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Use will remain in full force and effect.

Miscellaneous

Except as expressly provided in these Terms of Use, there shall be no third-party beneficiaries to the Terms of Use. WSI shall have the right to assign its rights or delegate any of its responsibilities under these Terms of Use to an affiliate or in connection with a merger, consolidation or reorganization of WSI for the sale of substantially all of its assets. In the event that any provision of this Agreement, or the application thereof, becomes or is declared by a court of competent jurisdiction to be illegal, void or unenforceable, the remainder of this Agreement will continue in full force and effect and the application of such provision to other persons or circumstances will be interpreted so as reasonably to effect the intent of the parties hereto. You further agree to replace such void or unenforceable provision of this Agreement with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such void or unenforceable provision. You represent, warrant and covenant that: (i) you have the power and authority to enter into this agreement; and (ii) you are at least eighteen (18) years old.

These Terms of Use contain the entire understanding between you and WSI relating to the Site and WSI’s services. These Terms of Use supersede any other Terms of Use or agreement regarding the Site and WSI’s services prior to the Effective Date below. These Terms of Use were last updated on September 24, 2013