I. TERMS AND CONDITIONS OF WEBSITE USE
©Copyright 2006 – 2016 MarketStream.live formerly GenXpense.com (a division of Cimaglia Productions, Inc.). All rights reserved.
A. Welcome to MarketStream.live
Welcome to MarketStream.live (“Website”). All of us at Cimaglia Productions, Inc., including its affiliates, representatives, and Website partners (collectively referred to hereinafter as “MarketStream.live,” “we,” or “us”), hope you will come back and visit the Website often and fully utilize our services, including emails, newsletters, blogs, promotions, surveys, and any other exciting thing we offer or provide (“Services”). But your use of the Website, and our Services, is subject to certain rules and conditions, which we have listed below (“Terms”). By accessing or using the Website, you are agreeing to be bound by these Terms (“Agreement”). We reserve the right to deny Services and access to the Website to anyone, who violates this Agreement.
If you do not want to be bound by the Terms below, you should not register with the Website or use the Services we provide. We may change these Terms at any time, but will post a notice in advance on the Website of any material changes to the Agreement. Your continued use of the Website and our Services after the posting of any amendments means that you agree and accept any new or modified Terms, so make sure you check the Terms occasionally for changes (the latest revision date will be listed at the bottom of the webpage).
To receive some of our exclusive Services or post a message on the Website’s discussion boards, you will need to register with the Website. As part of the registration process, you will be asked to provide certain information, create a user name, and choose a password. You may only maintain one active registration with the Website, which means one registration per person. By registering with the Website, you certify that you have not previously registered with the Website. As a registered user, you can update your personal registration information, or request your forgotten username and password, at any time by: going to the registered user tab located on the Website’s home page and following the appropriate links.
C. Intellectual Property
All of the content on this Website is the property of MarketStream.live and is protected by state, federal, and international copyright laws. “Content” means any information, mode of expression, or other materials found on the Website including, but not limited to: videos; articles; discussion boards; blogs; chats; software; writings; graphics; and any and all other features found on the Website.
D. Use of Intellectual Property
You may make a single copy of the Website’s content for your personal, non-commercial use; however, any content copied from the Website must include the following notice: “Copyright 2006 – 2016 MarketStream.live. All rights reserved.” Any other copying, distribution, storing, or transmission of any kind, or any sort of commercial use of the Website’s content is prohibited without our prior written permission. You may not alter or remove any copyright, service mark, trademark, or other notice from copies of the content.
Articles, editorials, graphics, videos, and photos that appear on the Website, or are transmitted to you as part of our Services, are copyrighted or have been authorized for MarketStream.live’s use and shall not be reproduced, republished, retransmitted, or redistributed, in print or electronically, without prior permission and payment of applicable fees. MarketStream.live does not hold the copyright for material generated from freelance writers/photographers/videographers, the Associated Press, or other contributors.
To request permission to use copyrighted materials, send your requests to: Copyright@MarketStream.live or General Counsel for Cimaglia Productions, Inc., Copyright Department, P.O. Box 272362, Boca Raton, Florida 33427.
Requests must include the following information:
(1) general description of the copyrighted material;
(2) associated headline or caption;
(3) date published or seen on the Website;
(4) explanation of your intended use for the copyrighted information; and
(5) contact information where you can be reached if we acquire additional information.
E. Right to Use Submissions
By registering with the Website, you grant MarketStream.live an unlimited and irrevocable license to republish royalty free anything you post or submit for publication on the Website including, but not limited to: any blogs, photos, comments, posts, editorials, articles, and/or graphics (“submissions”). Anytime we republish your submissions, we will credit you as the author in the form you choose when registering with the Website. By making a submission to the Website, you are waiving any claim against MarketStream.live regarding the use of such submission.
F. Copyright Complaints
MarketStream.live respects the intellectual property rights of others. It is MarketStream.live’s policy to promptly respond to claims of intellectual property misuse and, where applicable, remove the potentially infringing material.
Pursuant to the Digital Millennium Copyright Act (“Act”), 17 U.S.C. § 512, et seq., MarketStream.live has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. If you believe that your work has been copied in a manner that constitutes copyright infringement or are aware of any infringing material on the Website or through our Services, please submit a Notice of Infringement to: Copyright@MarketStream.live or General Counsel for Cimaglia Productions, Inc., Copyright Department, P.O. Box 272362, Boca Raton, Florida 33427.
The Notice of Infringement must substantively comply with the safe harbor provisions of the Digital Millennium Copyright Act, and contain the following information as set forth in 17 U.S.C. § 512(c)(3)(A), which provides:
To be effective under this subsection, a notification of claimed infringement must be a written communication provided to the designated agent of a service provider that includes substantially the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(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 the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notification from a copyright owner, or a person authorized to act on behalf of the copyright owner, must comply substantially with the provisions above set forth above to constitute MarketStream.live’s actual knowledge or an awareness of the alleged infringement. A separate Notice of Infringement must be sent each time you wish to report an alleged act of infringement.
G. Code of Conduct on Website
Submissions to the Website must be done in a lawful and civil manner. You may not use or allow others to use your registration with the Website to:
(1) post or transmit any content that you do not have the right to post or transmit under law, contract, or due a fiduciary duty;
(2) post, transmit, or link to sexually explicit material or content that is abusive, defamatory, disruptive, fraudulent, harassing, hateful, threatening, obscene, profane, uncivil, vulgar, or discloses private or personal matters concerning any other person;
(3) impersonate any person or falsely represent your affiliation with a person or entity;
(4) post or transmit any advertising, promotional materials, or other forms of solicitation not authorized by MarketStream.live;
(5) violate any applicable law or regulation including but not limited to the rules and regulations of the U.S. Securities and Exchange Commission, any other securities exchanges, copyright, trade secret, or securities;
(6) Offer, sell, or buy any security;
(7) post or transmit any file that contains a virus, corrupted file, “Trojan horse” or any code or device that may damage another’s computer, computer related systems, and/or applications;
(8) disguise the origin of any content transmitted through or onto the Website;
(9) use any automated means including but not limited to agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from the Website or MarketStream.live; and
(10) take any action that unreasonably and/or intentionally disrupts or damages the Website’s infrastructure, our systems, or Services.
MarketStream.live may at any time, without prior notice, and at its sole discretion remove any post, terminate your access to the Website, revoke your registration, or take any other appropriate action for violating the above terms. Furthermore, a violation of the above terms may be referred to proper law enforcement authority or regulatory agency. You are responsible for statements made and actions taken through the use of your registration with the Website. Therefore, you agree to immediately notify MarketStream.live of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data. For more information on posting, please see our Posting Guidelines.
H. Disclaimer of Warranties and Liabilities
MarketStream.live provides a broad range of information, services, commentary, and entertainment. On any given day, there are numerous contributors, who have provided content to the Website or as part of our Services. Therefore, we cannot and do not warrant the completeness, truthfulness, or accuracy of the content found on the Website, in our Services, or the content’s usefulness for any particular purpose. MarketStream.live also makes no promises that our content or Services will be delivered to you uninterrupted, timely, secure, or error-free – no matter how hard we try. We can only warrant that we will do our best and will never intentionally provide you with false information. In exchange, you promise not to hold MarketStream.live liable for direct, indirect, incidental, or any other type of damages, which includes, but is not limited to, loss or injury caused in whole or in part by our negligence in creating, developing, or maintaining our Website, Services, and content contained therein.
We are not investment advisors and cannot provide you with personalized advice. We do not know all the relevant facts about you and your individual needs. More importantly, we cannot and do not claim or represent that any particular Services are suitable or best for you. MarketStream.live’s Website and Services cannot replace your own simple common sense and the advice of professionals familiar with you and your current situation. If you need or want personal advice, then you should seek a registered investment advisor. While we hope to provide you with useful information, by using our Website and Services, you agree: to bear the responsibility for your own investment research and investment decisions; and MarketStream.live will not be and cannot be liable for investment decisions or actions taken by you or others based upon reliance on any news, information, material, or other content published by MarketStream.live.
I. Capitalized Disclaimers of Liability
MARKETSTREAM.LIVE IS NOT AN INVESTMENT ADVISOR. MARKETSTREAM.LIVE MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY PRODUCT, SERVICE, CONTENT, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASED OR OBTAINED FROM THE USE OF OUR WEBSITE OR OUR SERVICES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, COMPLETENESS, AND ACCURACY OF THE WEBSITE AND OUR SERVICES. TO THE EXTENT THIS AGREEMENT’S EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS DETERMINED TO BE INVALID, OUR LIABLITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
J. Notice, Governing Law, Jurisdiction, and Venue
Federal or state law may require that we notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them on our websites or sending them to you via email, which is why you must keep your registration information current. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you. To request that we provide such notices to you in paper format, send your requests to: NoticeRequest@MarketStream.live or General Counsel for Cimaglia Productions, Inc., Notice Request Department, P.O. Box 272362, Boca Raton, Florida 33427.
In the event that any provision of this Agreement is held by a court of competent jurisdiction to be invalid and unenforceable, the remaining portions of this Agreement shall be severable from such portion and the remainder of this Agreement shall remain in full force and effect. This Agreement shall be construed and governed by the laws of the State of Florida. You agree that the appropriate state or federal courts in and for Palm Beach County, Florida (“Courts”), shall be the venue and exclusive proper forum in which to adjudicate any case or controversy arising either directly, or indirectly, under, or, in connection, with this Agreement. In the event litigation arising out of or in connection with this Agreement is filed in these Courts, the MarketStream.live and you agree not to challenge the jurisdiction or venue of these Courts.
The above Terms include those that are incorporated by reference and constitute the entire and only agreement between you and MarketStream.live related to your use of the Website and our Services.
Last Updated: October 22, 2016