Crowdsourced financial estimates and business predictions | Finpredictions

Terms of Service

Last updated: February 9, 2020.

Acceptance

Please read these Terms of Service ("Terms", "ToS") carefully before using the https://www.finpredictions.com website (the "Service").

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you ("you" or the "User") signify that you have read, understand and agree to be bound by these Terms of Service, whether or not you are a registered member of the Service. If you disagree with any part of the Terms you may not access the Service.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of this ToS at any time without further notice. If we do this, we will post the changes to this ToS on this page. Your continued use of the Service after any such changes constitutes your acceptance of the new ToS. If you do not agree to abide by these or any future ToS, do not use or access (or continue to use or access) the Service.

This agreement comes into force at the moment when you start using the https://www.finpredictions.com website.

Eligibility

By registering for or using the Service, you represent and warrant that: You are eighteen (18) years of age or older. The Service are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Service, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

Registration

In consideration of your use of the Service, you agree to (a) provide any registration or user profile forms on the Service ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Content Available through the Service

1. You understand that all postings, predictions, messages, text, or other materials (collectively, "Content") posted or published on, uploaded to, transmitted through, or linked from (hereinafter, "post" or "posted"), the Service are the sole responsibility of the person from whom such Content originated. You understand that FinPredictions does not control, and is not responsible for, the Content made available by any of our users through the Service. You acknowledge that by using the Service, you may be exposed to the Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable.
2. The Content available through the Service may contain links to other websites that are independent of FinPredictions. FinPredictions makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your accessing links to any other websites is at your own risk.
3. 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. All Content (including without limitation any predictions, explanations, text messages, questions, question elaborations, question answers) is provided for discussion and entertainment purposes only. No predictions can be used as assurance or guarantee or possibility of the future events. The predictions and user explanations on the Service are only opinions of the users who provided them. Aggregate scores and graphs provided by FinPredictions are summaries of such opinions, provided for discussion and entertainment.
4. Under no circumstances will we, our affiliates, partners or third-party agents be liable for any loss or damage caused by your reliance on information obtained through the Content posted or otherwise made available via the Service. The opinions expressed in the Content are solely the opinions of the Users, and do not reflect the opinions of FinPredictions or any of its related parties. FinPredictions, its affiliates and partners, shall have no liability for investment or any other decisions based upon any Content, including any predictions or other User or site-created content. We advise you to consult professional advisors before making any decisions or undertaking any actions related to any information received from or through the Service.

User Content

1. You are solely responsible for the Content that you post on or through the Service, or otherwise transmit to or share with other users (collectively, the "User Content"). You agree not to post the User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable.
2. You acknowledge that FinPredictions does not pre-approve the User Content, but that FinPredictions have the right (but not the obligation) in its sole discretion to refuse, delete or remove any User Content that is available via the Service with or without notice for any or no reason.
3. When you post the User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Service. By posting the User Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to FinPredictions an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sub-license) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sub-licenses of the foregoing.
4. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Service and under this ToS.
5. FinPredictions does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms of Service, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content, subject to the rights granted in this ToS.
6. The Service may include advertisements, which may be targeted to content or information on the Service, or other information, in an effort to make them relevant to you. The types and extent of advertising by the Service are subject to change. In consideration for FinPredictions granting you access to and use of the Service, you agree that FinPredictions and its third party providers and partners may place such advertising on the Service in connection with the display of your User Content or without connection to the User Content.

User Conduct

1. You represent, warrant and agree that no Content of any kind submitted through your account or otherwise posted or shared by you through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
2. In addition, you agree not to use the Service:
to upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner), hateful, or racially, ethnically or otherwise objectionable;
to upload, post, submit or otherwise make available any content that you do not have a right to make available 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) or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person); or in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service; impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
to post or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
to upload, post, transmit, share, store or otherwise make publicly available any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers or any information that creates a privacy or security risk to any person;
to post 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;
to gain access to another User's account, Service or any part of system without authorization, in any manner that disguises the origin of any information transmitted by you or that circumvents any security or content restriction measures on the Service;
to upload, post, transmit, share, store or otherwise make available 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;
to 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.

License to Use the Service

1. Subject to compliance with this ToS, FinPredictions grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Service and the Content for your own personal use. This license does not allow you to collect, aggregate, copy, duplicate, display or make derivative use of the Service nor use of any data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by FinPredictions in writing.
2. A limited exception is provided to general purpose Internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from FinPredictions.
3. FinPredictions may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason.

Intellectual Property Rights

1. The Service is protected to the maximum extent permitted by copyright and intellectual property rights law and international treaties. The Content displayed on or through the Service including but not limited to videos, photos, predictions, messages is protected by copyright or other laws, including as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, display or creation of derivative works from or redistribution of the Service, any Content on the Service or the collective work, and/or copying is prohibited including but not limited to reproduction to any other server or location for further reproduction or redistribution, unless you have the express prior written permission of FinPredictions.
2. Any questions, comments, suggestions, or other information submitted to FinPredictions ("Feedback") shall be deemed non-confidential and non-proprietary. FinPredictions shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. FinPredictions specifically prohibits you from sending us any information that you consider to be confidential or proprietary through this Service. Please note that if you do send us any such information or material, the information will be non-confidential and non-proprietary and FinPredictions will not have any obligation or liability to you arising from FinPredictions' and/or any third party's receipt or use of such information or material.
3. FinPredictions and the graphics, logos, designs, page headers, button icons, scripts and service names are trademarks or trade dress of FinPredictions, its third-party affiliates and partners in the U.S. and/or other countries ("Trademarks"). The Trademarks and trade dress of the Service may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of FinPredictions. 4. FinPredictions respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) 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; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have 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; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Your report should be sent to: FinPredictions, Email: support@finpredictions.com

We reserve the right to remove the Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, FinPredictions will also terminate the User's account if the User is determined to be a repeat infringer.

Privacy

FinPredictions provides this privacy policy as a statement to you of our commitment to protect your personal information.

By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Disclaimers

1. FinPredictions, its affiliates, and partners are not responsible or liable in any manner for any Content posted on the Service, whether posted or caused by users, by FinPredictions, by third parties or by any of the equipment or programming associated with or utilized in the Service. Although we provide rules for the User Conduct, we do not control and are not responsible for what Users post, transmit or share on the Service and are not responsible for any inaccurate, offensive, inappropriate, obscene, unlawful or otherwise objectionable Content you may encounter on the Service. FinPredictions, its affiliates and partners are not responsible for the conduct, whether online or offline, of any User.
2. The Service may be temporarily unavailable from time to time for maintenance or other reasons. FinPredictions assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the User Content. FinPredictions is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, or software on account of technical problems or traffic congestion on the Internet or at any site or with respect to the Service or combination thereof, including injury or damage to the User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading the Content in connection with the Web and/or in connection with the Service. Under no circumstances will FinPredictions be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Service or any posted on or through the Service or transmitted to or by Users, or any interactions between Users, whether online or offline.
3. THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND FINPREDICTIONS DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FINPREDICTIONS CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. FINPREDICTIONS DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SERVICE OR ELSEWHERE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SERVICE OR ANY OF THE SERVERS USED TO OPERATE THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, DATA OR OTHER MATERIAL FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
4. FinPredictions reserves the right to change any and all Content, software and other items used or contained in the Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by FinPredictions.

Limitation on Liability

IN NO EVENT WILL FINPREDICTIONS, ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE, EVEN IF FINPREDICTIONS OR ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF FINPREDICTIONS AND ITS AFFILIATES, PARTNERS, MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FINPREDICTIONS FOR THE SERVICE IN THE IMMEDIATELY PRECEDING TWELVE MONTHS, BUT IN NO CASE WILL SUCH LIABILITY TO YOU EXCEED $1000. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO FINPREDICTIONS FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM FINPREDICTIONS, REGARDLESS OF THE CAUSE OF ACTION. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Termination

FinPredictions may terminate your account, delete your profile and any content or information that you have posted on the Service and/or prohibit you from using or accessing the Service for any reason, or no reason, at any time in its sole discretion, with or without notice.

Dispute Resolution; Governing Law; Venue and Jurisdiction

By visiting the Service and/or using the Service, you agree that the laws of the State of Massachusetts, without regard to principles of conflict of laws, will govern these Terms of Service and any dispute of any sort that might arise between you and FinPredictions or any of our affiliates.

YOU AND FINPREDICTIONS AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THIS AGREEMENT, THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that FinPredictions may seek injunctive relief in state or federal court located in Massachusetts concerning violation by a User of any of the User Conduct rules set forth above, and in such case, the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA’s Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, YOU AND FINPREDICTIONS 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, AND THAT NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SERVICE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE. In no event shall any claim, action or proceeding by you related in any way to the Service (including your visit to or use of the Service) be instituted more than three (3) years after the cause of action arose.

Indemnification

You hereby agree to indemnify and hold harmless FinPredictions and its subsidiaries and affiliates, and their directors, officers, employees, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys' fees, arising out of or in connection with any Content you post or the Content you share on or through the Service or otherwise, your conduct in connection with the Service or with other Users, or any violation of this ToS or of any law, rule, regulation or order, or the rights of any third party. This indemnity shall survive any termination of this Agreement or cessation of use by you of the Service.

Miscellaneous

This ToS constitute the entire agreement between you and FinPredictions regarding the use of the Service, superseding any prior agreements between you and FinPredictions relating to your use of the Service. The failure of FinPredictions to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms is held invalid, the remainder of these Terms shall continue in full force and effect. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.