The following terms and conditions (the “Terms”) govern all use of the stocktwits.com
website and any other website owned and operated by Corponline Company or its affiliates
(collectively, the “Site” or the “Sites”) and the products and services available
at the Sites (taken together with the Sites, the “Service”). In these Terms, “you”
or “your” means the person accepting these Terms and the company (if any) on whose
behalf he/she is acting, and “we,” “us,” “our,” “CORP,” or the “Company” means Corponline
Company and its affiliates. By using or accessing any part of the Service, you agree
that you are at least eighteen (18) years old and have read, understand, and agree
to be bound by all of these terms and conditions. If you do not agree to all of
these terms and conditions, you must not use or access the Service. If you are entering
into these Terms on behalf of a company, you represent that you have the authority
to bind that company to the terms of these Terms. We reserve the right, in our sole
discretion, to modify or replace any of the terms or conditions of these Terms at
any time. Your continued use of the Service following the posting of any changes
to these Terms constitutes your acceptance of those changes and you are responsible
for reviewing those terms. Some products or services that become available on the
Service may be subject to additional or different terms and conditions, and if those
additional terms and conditions conflict with these Terms, those additional terms
and conditions will control.
PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING
YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND
EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Registration Data; Account Security
As a condition to using some parts of the Service, you may be required to register
with CORP, select a password and user name and provide other information about your
identity, your company or your investments (“Registration Data”). You agree to (a)
provide accurate, current and complete Registration Data; (b) maintain the security
of your password and user name; (c) maintain and promptly update the Registration
Data, and any other information you provide to the Company, 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.
You agree to insure that any information disseminated pursuant to the Service, whether
such dissemination is made (a) by you or on your behalf by a person authorized to
disseminate information on your behalf or (b) otherwise, in any case, complies with
all statutes, rules, regulations, orders or other governmental acts of any jurisdiction,
whether foreign or domestic, including without limitation, (i) the Securities Act
of 1933, as amended, including the rules and regulations promulgated thereunder,
(ii) the Securities and Exchange Act of 1934, as amended, including Rule 10b-5 and
the other rules and regulations promulgated thereunder, (iii) Regulation FD promulgated
by the Securities and Exchange Commission, (iv) regulations promulgated by FINRA,
and (v) any rules of any national or other securities exchange, including, without
limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ.
As part of your use of the Service, you may choose to purchase some for-fee services.
CORP offers paid services on a subscription or as-used basis, including premium
blog, premium streams and Investor Relations features ("Paid Services"). If you
choose to purchase any Paid Services you are responsible for paying the applicable
prices for each Paid Service.
The prices for these Paid Services may be found by consulting us. We may offer alternative
fee structures, discounts, coupons or incentives, at our sole discretion and for
any reason, and we are under no obligation to offer such alternatives to all users.
The actual price you will pay for any Paid Services shall be the price listed in
the Billing section of your account or by other agreement. Some Paid Services may
provide a free trial or introductory offer. If such an offer is provided, only one
per user, per person, per household and per email address is allowed at any given
point in time. In addition, there is a limit of one trial per user, per person,
per household and per email address in any given one year period unless otherwise
stated in the offer.
You may choose whether you are billed by the Month, Quarter, or Year (each, a “Subscription
Period”) depending on the options available for each Paid Service. Fees for each
Subscription Period will be pre-paid at the start of the Subscription Period, charged
to the credit card you provide prior to the start of such Subscription Period. Any
change to the fees for a Paid Service will be effective as of the commencement of
the Subscription Period immediately following such change. If the credit card information
you have provided is incorrect or incomplete, or CORP is unable to complete a transaction
due to your error or omission, CORP will attempt to contact you and inform you of
the problem. If the problem is not corrected within fifteen (15) days, it will be
considered a breach of the Terms and CORP will terminate your account. You will
receive an email receipt upon each credit card charge, unless you and CORP have
You are responsible for all taxes, duties, and other governmental assessments associated
with your activity in connection with the Service, whether or not you choose to
purchase a Paid Service from CORP.
CORP reserves the right to cancel your subscription for Paid Services at any time
for any reason or no reason. If we cancel your subscription for any reason other
than your breach of these Terms (or any other terms you have agreed to with CORP)
you will receive a partial refund of the fees you pre-paid, if any. Your refund
will consist of all pre-paid fees for each complete month remaining in your Subscription
You understand that all postings, messages, text, images, video or other materials
("Content") posted or published on, uploaded to, transmitted through, or linked
from, the Service (hereinafter, “post”, “posted” or “published”), whether by users
of the Service (“Users”) or Creators (as defined below), are the sole responsibility
of the person from whom such Content originated. Although we provide rules for User
conduct, CORP, its affiliates, and partners do not control, and are not responsible
for, Content made available through the Service, and that by using the Service,
you may be exposed to Content that is offensive, indecent, inaccurate, misleading,
or otherwise objectionable. The Company, its affiliates and partners are not responsible
for the conduct, whether online or offline, of any User or Creator. Furthermore,
the Site and Content available through the Service may contain links to other websites
which are completely independent of CORP. CORP makes no representation or warranty
as to the accuracy, completeness or authenticity of the information contained in
any such site. Your linking to any other websites is done at your own risk. You
agree that you must evaluate, and bear all risks associated with, the use of any
Content, that you may not rely on said Content, and that under no circumstances
will StockTwits, its affiliates, or partners be liable in any way for any Content
or for any loss or damage of any kind incurred as a result of the use of any Content
posted or otherwise made available via the Service.
CORP is a publisher of company information and products ("Products"). The creators
of the Products ("Creators") may hold long or short positions in or derivatives
of companies named in the Products and are free to buy or sell those positions at
will. The Creators may take positions inconsistent with the views expressed. Products
available on the CORP platform contain the Creators’ own opinions, and none of the
information contained therein constitutes a recommendation that any particular security,
portfolio of securities, transaction, or investment strategy is suitable for any
specific person. You further understand that the Creators will not advise you personally
concerning the nature, potential, value or suitability of any particular security,
portfolio of securities, transaction, investment strategy or other matter.
User Content Posted on the Service
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 may not post or share User Content on the Service that you did not create or
that you do not have permission to post. You acknowledge that CORP does not pre-screen
or approve User Content, but that CORP shall 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, in connection with violations of the letter or spirit of the Terms
or for any other reason. You are solely responsible at your sole cost and expense
for creating backup copies and replacing any User Content you post or store on the
Service or otherwise provide to the Company.
When you post 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 User Content to any part of the Service,
you automatically grant, and you represent and warrant that you have the right to
grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully
paid, worldwide license (with the right to sublicense) 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
sublicenses of the foregoing. CORP 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, you retain full ownership of all of your User Content and any intellectual
property rights or other proprietary rights associated with your User Content.
Third Party Services, Other Websites and Content
The Company may use third party service providers to provide applications, services
and/or other utilities to you for use when you visit the Site or use the Service.
In using any third party applications, services or utilities, you must agree to
comply with and be bound by their respective Terms of Service. You agree to indemnify
StockTwits for any losses, costs, expenses or damages incurred by StockTwits due
to your violation of a third party’s Terms of Service. You should review the applicable
terms and policies, including privacy and data gathering practices, of any third
party services which you utilize or to any links to which you navigate.
Access to the Service
CORP grants you a limited, revocable, nonexclusive license to access and use the
Service and the Content for your own personal use. This license does not include
any collection, aggregation, copying, duplication, display or derivative use of
the Service nor any use of data mining, robots, spiders, or similar data gathering
and extraction tools for any purpose unless expressly permitted by CORP in writing.
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 written license from CORP.
The Service is protected to the maximum extent permitted by copyright laws and international
treaties. Content displayed on or through the Service is protected by copyright
as a collective work and/or compilation, pursuant to copyrights laws, and international
conventions. Any reproduction, modification, creation of derivative works from or
redistribution of the Service or the collective work, and/or copying or reproducing
the Content or any portion thereof to any other server or location for non-personal
use, is prohibited without the express written consent of CORP.
Restrictions on Content and Use of Service
You represent, warrant and agree that no User Content of any kind posted through
your account or otherwise shared by you on or 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; be in violation of any law or
used in furtherance of any such violation; or contain libelous, defamatory or otherwise
In addition, you agree not to use the Service to:
- in any unlawful manner or in any other manner that could damage, disable, overburden
or impair the Service;
- post or otherwise make available any content that we deem to be harmful, threatening,
unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene,
fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically
or otherwise objectionable;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself,
your age or your affiliation with any person or entity;
- 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;
- post or otherwise make publicly available on the Service any private information
of any third party, including addresses, phone numbers, email addresses, Social
Security numbers and credit card numbers;
- post or otherwise make available 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;
- post 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
- use or attempt to use another's account, service or system without authorization
from the Company, or create a false identity on the Service;
- forge headers or otherwise manipulate identifiers in order to disguise the origin
of any information transmitted by you;
- post or otherwise make available any information 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).
We respect the intellectual property rights of others and we prohibit Users from
posting or otherwise transmitting on the Service any materials that violate another
party's intellectual property rights. If you believe that your work has been copied
in a way that constitutes copyright infringement, or your intellectual property
rights have been otherwise violated, please notify CORP at firstname.lastname@example.org
60 West 57th St.
New York, NY 10019
Re: Copyright Infringement
Please provide us with the following Notice:
- a) Identify the Content on the Service that you claim
is infringing, with enough detail so that we may locate it on the Service;
- b) A statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its agent, or the
- c) A statement by you declaring under penalty of perjury
that (1) the above information in your Notice is accurate, and (2) that you are
the owner of the copyright interest involved or that you are authorized to act on
behalf of that owner;
- d) Your address, telephone number, and email address;
- e) Your physical or electronic signature.
CORP will remove the infringing posting(s), subject to the procedures outlined in
the Digital Millennium Copyright Act.
to have your personal data transferred to and processed in the United States. As
part of providing you the Service, 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 CORP account, which you may not be
able to opt-out from receiving.
The Service is not intended to provide tax, legal or investment advice, and nothing
on the Service should be construed as an offer to sell, a solicitation of an offer
to buy, or a recommendation for any security. Trading in such securities can result
in immediate and substantial losses of the capital invested. You should only invest
risk capital, and not capital required for other purposes. You alone are solely
responsible for determining whether any investment, security or strategy, or any
other product or service, is appropriate or suitable for you based on your investment
objectives and personal and financial situation. You should also consult an attorney
or tax professional regarding your specific legal or tax situation.
The Content is to be used for informational and entertainment purposes only and
the Service does not provide investment advice for any individual. CORP, its affiliates
and partners specifically disclaim any and all liability or loss arising out of
any action taken in reliance on Content, including but not limited to market value
or other loss on the sale or purchase of any company, property, product, service,
security, instrument, or any other matter.
The Service may be temporarily unavailable from time to time for maintenance or
other reasons. The Company 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, User Content.
The Company 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 User's or to any other person's computer,
mobile phone, or other hardware or software, related to or resulting from using
or downloading Content in connection with the Web and/or in connection with the
Service. Under no circumstances will the Company 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
The Service may provide information from or links to certain brokerage companies
for your convenience only. CORP is not a registered broker-dealer and does not endorse
or recommend the services of any brokerage company. The brokerage company you select
(and not CORP) is solely responsible for its services to you.
CORP, ITS AFFILIATES, AND PARTNERS SHALL NOT BE
LIABLE FOR ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR USE OF THE SERVICES OF ANY BROKERAGE COMPANY.
THE SERVICE AND THE CONTENT ARE PROVIDED "AS-IS" AND
THE COMPANY, ITS PARTNERS AND AFFILIATES, DISCLAIM ANY AND ALL REPRESENTATIONS AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE
AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SERVICE. THE COMPANY 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.
The Company 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 the Company.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, 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 THE COMPANY 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 THE
COMPANY 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 THE COMPANY FOR
THE SERVICE IN THE IMMEDIATELY PRECEDING SIX MONTHS. YOU ACKNOWLEDGE THAT IF NO
FEES ARE PAID TO THE COMPANY 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 THE COMPANY, 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
The Company may terminate your account, delete your profile and any User Content
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, including if it believes that you are under 18.
Governing Law; Venue and Jurisdiction
By visiting or using the Service, you agree that the laws of the State of New York,
without regard to principles of conflict of laws, will govern these Terms and any
dispute of any sort that might arise between you and the Company. With respect to
any disputes or claims not subject to arbitration (as set forth below), you agree
not to commence or prosecute any action in connection therewith other than in the
state and federal courts of New York, and you hereby consent to, and waive all defenses
of lack of personal jurisdiction and forum non conveniens with respect to, venue
and jurisdiction in the state and federal courts of New York.
YOU AND THE COMPANY 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 THESE TERMS
AND/OR THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION, except that
to the extent that either of us has in any manner infringed upon or violated or
threatened to infringe upon or violate the other party's patent, copyright, trademark
or trade secret rights, or you have otherwise violated any of the User conduct rules
set forth above, then the parties acknowledge that arbitration is not an adequate
remedy at law and that injunctive or other appropriate relief may be sought.
Arbitration under these Terms shall be conducted by the American Arbitration Association
(the "AAA") under its Commercial Arbitration Rules (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. 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, NO ARBITRATION OR CLAIM UNDER THESE TERMS SHALL BE JOINED TO ANY OTHER ARBITRATION
OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER
USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED.
no event shall any claim, action or proceeding by you related in any way to
the Service be instituted more than one (1) year after the cause of action arose.
You agree to indemnify and hold the Company, its subsidiaries and affiliates, and
each of their members, managers, directors, officers, agents, contractors, partners
and employees, harmless from and against any loss, liability, claim, demand, damages,
costs and expenses, including reasonable attorney's fees, arising out of or in connection
with your use of the Service, any Content you post or 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 these Terms or of any law, rule, regulation or order,
or the rights of any third party. This indemnity shall survive any termination or
cessation of use by you of the Service.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback
or other information about the Service ("Submissions"), provided by you to the Company
are non-confidential and shall become the sole property of the Company. The Company
shall own exclusive rights, including all intellectual property rights, and shall
be entitled to the unrestricted use and dissemination of these Submissions for any
purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms constitute the entire agreement between you and the Company regarding
the use of the Service, superseding any prior agreements between you and the Company
relating to your use of the Service. The failure of the Company 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.
These Services are operated and provided by Corponline Company., 60 West 57th St.,
New York, NY 10019. If you have any questions about these Terms, please contact
us at email@example.com .Effective: January, 2012