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Terms & Conditions
These Terms of Service ("Terms") govern your access to and use of the services and PennyStock Tweets’s websites (the "Services"), and any information, text, graphics, photos, videos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
Basic Terms
You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display will be able to be viewed by other users of the Services and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.
What you say on PennyStock Tweets may be viewed all around the world instantly. You are what you Tweet!
You may use the Services only if you can form a binding contract with PennyStock Tweets and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Services that PennyStock Tweets provides are always evolving and the form and nature of the Services that PennyStock Tweets provides may change from time to time without prior notice to you. In addition, PennyStock Tweets may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by PennyStock Tweets on the Services are subject to change. In consideration for PennyStock Tweets granting you access to and use of the Services, you agree that PennyStock Tweets and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.
Privacy
Any information that you provide to PennyStock Tweets is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by PennyStock Tweets. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your PennyStock Tweets account, which you may not be able to opt-out from receiving.
Passwords
You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. PennyStock Tweets cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
Content on the Services
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will PennyStock Tweets be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
Conduct on the Site
Content you submit, post or display on or through the Services must be Penny Stock related.
Your use of the Site is subject to all applicable laws and regulations, as well as our Terms, other rules and normal social etiquette.
A Zero Tolerance Policy is in effect for inappropriate conduct and will lead to a ban from PennyStockTweets site for content that:
A. Is unlawful, threatening, abusive, harassing, defamatory, libelous, vulgar, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language, violent or threats directed at another individual or group of individuals), or otherwise violates our rules or policies;
B. Attacks, verbally or otherwise,against any other user, the website, any non-public figure, or any agents or employees of PennyStock Tweets;
C. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
B. Attacks, verbally or otherwise,against any other user, the website, any non-public figure, or any agents or employees of PennyStock Tweets;
C. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Vulgarity – profanity of any kind is unacceptable on all Services of PennyStock Tweets, even when punctuation characters are used to "fill in the blanks" or letters are changed (f**k, azzh*le, etc.). The PG13 rule is used as a guideline to what is/isn't acceptable. The theory is that if society has deemed it appropriate for a 13 year old to see and/or hear, it is unlikely that it will be offensive to the majority of Users. Any form of vulgarity directed at another User is unacceptable and will be removed, and ban the User from PennyStock Tweets use of Services.
Images – No racy/sexual/scantily-clad pictures, graphics or video. No political or religious images, graphics or video.
Your Rights
You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for PennyStock Tweets to make such Content available to other companies, organizations or individuals who partner with PennyStock Tweets for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.
Such additional uses by PennyStock Tweets, or other companies, organizations or individuals who partner with PennyStock Tweets, may be made with no compensation paid to you with respect to the Content that you submit post, transmit or otherwise make available through the Services.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be rebroadcasted by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. PennyStock Tweets will not be responsible or liable for any use of your Content by PennyStock Tweets in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
PennyStock Tweets gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by PennyStock Tweets as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by PennyStock Tweets, in the manner permitted by these Terms.
PennyStock Tweets Rights
All rights, titles, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of PennyStock Tweets and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the PennyStock Tweets name or any of the PennyStock Tweets trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding PennyStock Tweets, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Restrictions on Content and Use of the Services
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of PennyStock Tweets, its users and the public.
PennyStock Tweets does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
You may not do any of the following while accessing or using the Services: (i) access, tamper with, or use non-public areas of the Services, PennyStock Tweets’s computer systems, or the technical delivery systems of PennyStock Tweets’s providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by PennyStock Tweets (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with PennyStock Tweets (NOTE: crawling the Services is permissible if done in accordance with the provisions of the robots.txt file, however, scraping the Services without the prior consent of PennyStock Tweets is expressly prohibited); (iv) forge any header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services.
Copyright Policy
PennyStock Tweets respects the intellectual property rights of others and expects users of the Services 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.
We reserve the right to remove Content alleged to be infringing without prior notice and at our sole discretion. In appropriate circumstances, PennyStock Tweets will also terminate a user’s account if the user is determined to be a repeat infringer.
The Services are Available "AS-IS"
Your access to and use of the Services or any Content is at your own risk. You understand and agree that the Services is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, PENNYSTOCK TWEETS AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. PennyStock Tweets will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that PennyStock Tweets has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from PennyStock Tweets or through the Services, will create any warranty not expressly made herein.
Links
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by PennyStock Tweets of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PENNYSTOCK TWEETS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PENNYSTOCK TWEETS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Waiver and Severability
The failure of PennyStock Tweets to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Missouri without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Marshfield, Missouri, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. If you are accepting these Terms on behalf of a United States federal government entity that is legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you but instead these Terms and any action related thereto will be will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of Missouri (excluding choice of law).
Entire Agreement
These Terms, the PennyStock Tweets Rules and our Privacy Policy are the entire and exclusive agreement between PennyStock Tweets and you regarding the Services (excluding any services for which you have a separate agreement with PennyStock Tweets that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between PennyStock Tweets and you regarding the Services. Other than members of the group of companies of which PennyStock Tweets is the parent, no other person or company will be third party beneficiaries to the Terms.
We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via @PennyStockTweets update or e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by PennyStock Tweets, 108 East Madison Street, Marshfield, MO 65706. If you have any questions about these Terms, please contact us.
contact@pennystocktweets.com
services@pennystocktweets.com
support@pennystocktweets.com
Effective: October 01, 2011
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