Terms of Service
These Terms of Use were last updated on March 18, 2010.
These Terms of Use (the “Agreement”) govern your use of MineFund.com and unless other terms and conditions expressly govern, other web sites and information services from MineFund.com (“MineFund.com”) that are made available from time, including without limitation, any Web pages, services, content, newsletters, widgets, feeds, APIs, databases and information therein (collectively, the “Services”).
BY CONTINUING TO USE THE SERVICES, YOU ARE INDICATING YOUR CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, MINEFUND.COM DECLINES TO PROVIDE YOU WITH ACCESS TO THE SERVICES AND YOU SHOULD IMMEDIATELY DISCONTINUE YOUR USE OF THE SERVICES.
1. CHANGES TO THE AGREEMENT. MineFund.com may modify this Agreement at any time in our sole discretion and without notice to you. Changes are effective immediately upon posting. You should review this Agreement periodically to ensure familiarity with its then-current terms and conditions. Your continued use of the Services following any modification of this Agreement shall constitute your acceptance of such modifications to this Agreement.
1.1. If modifications to the Agreement are unacceptable to you and you wish to cancel your membership by sending an e-mail to info AT MineFund.com . Cancellation is subject to Termination of Service conditions in Section 9.
2. ADDITIONAL TERMS OF USE. Some Services or content sets available through the Services may have additional terms, conditions and restrictions associated with them and will be posted on such Services or content sets. You agree that such additional terms, conditions and restrictions will apply to your use of such Services or content sets and if there is a conflict with this Agreement, such additional terms, conditions and restrictions will control.
3. SERVICE CHANGES. MineFund.com may change, suspend or discontinue any aspect of any Services at any time. MineFund.com may also change, restrict, or expand access to features and services without notice or liability.
4. OWNERSHIP; GENERAL LIMITATIONS ON USE.
4.1. Ownership. You acknowledge and agree that the text, information, data, graphics, images, audio, video, design, organization, compilation, meta data, look and feel, advertising and all other protectable intellectual property (the “Content”) available through the Services is our property, the property of our advertisers or our third party licensors or suppliers (such licensors and suppliers are referred to as “Information Providers”) and is protected by copyright and other intellectual property laws.
4.2. RESTRICTIONS ON USE. MineFund.com’s Services are protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Services are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You acknowledge that the Service has been developed, compiled, prepared, revised, selected, and arranged by MineFund.com, its partners, and others (including third parties) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of MineFund.com and such others. You agree to protect the proprietary rights of MineFund.com and all others having rights in the Service during and after the term of this agreement and to comply with all reasonable written requests made by MineFund.com or its suppliers and licensors of content, equipment, or otherwise (“Suppliers”) to protect their and others’ contractual, statutory, and common law rights in the Services.
You acquire absolutely no rights or licenses in or to the Services and materials contained within the Service other than the limited right to utilize the Service in accordance with the Terms of Use / Service.
You may not archive, cache, or mirror any MineFund.com Web page or portions of a Web page. If you would like to use, reprint, frame, or redistribute any MineFund.com content other than as permitted herein, you must request permission from MineFund.com in writing.
Unless you have our written consent in advance, you may not reproduce, sell, publish, distribute, retransmit, disseminate, disaggregate, perform, display, broadcast, create new works from, or commercially exploit the Content available through the Services, with the following two exceptions:
4.2.1. To the extent that MineFund.com provides email or other sharing functionality on a particular article in the Services, you may use email or other featured sharing functionality to share such article with other individuals.
4.2.2. For articles that are written and published by MineFund.com (the “Proprietary Content”), you may occasionally distribute a copy of an article, or a portion of an article, from a Service in non-electronic form to a few individuals without charge, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Services. For articles and other content that is not Proprietary Content, you should not assume that you have the rights granted in this Section 4.2.2. Your rights will be limited any special terms, conditions and restrictions applicable to such content that is set forth below in this Agreement or on or near the content set.
4.2.3. You agree to access the Services manually by request and not programmatically by macro or other automated means.
4.3. Premium Products. Certain Services and content sets are only available after additional registration and/or payment of a fee.
4.4. No Modification of Content. You agree not to rearrange or modify the Content. You agree not to frame the content. You agree not to create abstracts from, scrape or display headlines from the Content for use on another web site or service or use the Content for commercial purposes, including without limitation algorithmic trading programs. You agree not to upload, post or submit any Content from the Services to weblogs, newsgroups, mail lists or electronic bulletin boards, except through services MineFund.com specifically provides for that purpose (e.g., an RSS Feed) or after MineFund.com gives its written consent in advance.
4.4.1. MineFund.com assumes no liability for any of your activities in connection with the Servicesor for your use of the Services in connection with your Web site, computer(s) or media player(s) including but not limited to devices such as MP3 players or smart telephones.
5. FEES AND PAYMENTS. MineFund.com reserves the right at any time to charge fees for access to portions of the Service or the Service as a whole. If at any time MineFund.com requires a fee for portions of the Service or the Service as a whole, MineFund.com will require you to register and create an account.
You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for a Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas. We will bill all charges automatically to your credit card. Subscription fees will be billed at the beginning of your subscription or any renewal. UNLESS WE STATE IN WRITING OTHERWISE, ALL FEES AND CHARGES ARE NONREFUNDABLE. We may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. If you want to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must contact MineFund.com at info AT MineFund.com.
All fees and charges shall be billed to you, and you shall be solely responsible for their payment. You shall pay all applicable taxes relating to the use of the Service through your account, and the purchase of any other products or services. Certain portions of the Service or the Service as a whole may require a prepaid fee (“Prepaid Fee”), which may be modified from time to time at MineFund.com’s sole discretion. The Prepaid Fee, and all taxes and other fees related thereto will be paid by you in advance. In no event will you receive any portions of the Service or the Service as a whole if a Prepaid Fee is required unless MineFund.com receives all fees and charges payable by you, including the Prepaid Fee. You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.
6. RENEWAL. Your subscription will renew automatically, unless we terminate it or you notify us by telephone, mail, or e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.
7. MEMBER ACCOUNTS; PRIVACY. MineFund.com requires you to register to become a member (a “Member”) before obtaining access to certain Services and certain functionality. When you register, you agree to provide us with true and accurate information about yourself. You understand that any information you provide as part of such registration or that MineFund.com otherwise collects about you is subject to our Privacy Policy. When registering, you need to select a unique user name and password. MineFund.com reserves the right to refuse giving you a user name if it impersonates someone else’s name, or if MineFund.com feels it is otherwise inappropriate. It is your responsibility to choose your password wisely. MineFund.com is not responsible for any user impersonating you on our Services. If you have concerns or believe that someone is using your password without your authority, please contact MineFund.com. MineFund.com reserves the right to disclose any information about our Members or users, including registration data, in order to comply with any applicable laws and/or requests under legal process, to operate our systems properly, to protect our property or rights, and to safeguard the interests of our user and other Members.
8. MEMBER CONTENT (USER GENERATED CONTENT); COMMENTS.
8.1. Member Content. MineFund.com offers Members and users the opportunity to engage with the Services and each other in a variety of ways. Any content, information, graphics, audio, video, images, and links you submit as part of creating your profile or in connection with any of the foregoing activities is referred to as “Member Content” in this Agreement and is subject to various terms and conditions as set forth below.
8.2. Cautions Regarding Other Members and Member Content. You understand and agree that Member Content includes information, views, opinions, and recommendations of many individuals and organizations and is designed to help you gather the information you need to help you make your own decisions. Importantly, you are responsible for your own investment decisions and for properly analyzing and verifying any information you intend to rely upon. MineFund.com does not endorse any recommendation or opinion made by any Member. MineFund.com does not routinely screen, edit, or review Member Content. However, MineFund.com reserves the right to monitor or remove any Member Content from the Services at any time without notice. You should be aware that other Members may not be who they say they are. MineFund.com takes no action to perform a background check on any of our Members’ profiles. MineFund.com does not guarantee that Members’ profiles are accurate. You should also be aware that other members may use our Services for personal gain. As a result, please approach messages with appropriate skepticism. Member Content may be misleading, deceptive, or in error. Please report such content to MineFund.com whenever you suspect it.
8.3. Grant of Rights and Representations by You. If you upload, post or submit any Member Content on a Service, you represent to us that you have all the necessary legal rights to upload, post or submit such Member Content and it will not violate any law or the rights of any person. You agree that upon uploading, posting or submitting information on the Services, you grant us, and our respective affiliates and successors a non-exclusive, transferable, worldwide, fully paid-up, royalty-free, perpetual, irrevocable right and license to use, distribute, publicly perform, display, reproduce, and create derivative works from your Member Content in any and all media, in any manner, in whole or part, without any duty to compensate you. You also grant us the right to authorize the use of Member Content, or any portion thereof, by Members and other users in accordance with the terms and conditions of this Agreement, including the rights to feature your Member Content specifically on the Services and to allow other Members or users to request access to your Member Content, such as for example through an RSS Feed.
8.4. Removal. MineFund.com may also remove any Member Content for any reason and without notice to you. This includes all materials related to your use of the Services or membership, including email accounts, postings, profiles or other personalized information you have created while on the Services.
8.5. Rules of Conduct. All Members and users of the Services must comply with the following rules of conduct:
• You will not stalk or harass another when using the Services.
• You will not interfere with others’ use of the Services.
• You will not attempt to harvest any screen names of email addresses for any commercial use and you will not collect or store personal information about any other individual on the Services.
• You will not use the Services for illegal purposes and you will not upload, post or submit any Member Content that is obscene or may be hateful or offensive on religious, racial, ethnic, sexual or any other grounds; is harmful, vulgar or distasteful; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
• You will not impersonate any other person or misrepresent a relationship with any person or entity, including misrepresenting a relationship with MineFund.com, similarly, you will not adopt a false identity if the purpose of doing so is to deceive or defraud another.
• You will not upload, post or submit any Member Content that contains any viruses, cancel bots, Trojan horses, harmful code, or other computer software or program designed to interrupt the Services MineFund.com provide, Members’ or users’ ability to enjoy the Services, or the proper functioning of any software, hardware or equipment or materials used in connection with the Services.
• You will not send any bulk unsolicited advertising, promotional information, commercial email or other solicitation (including without limitation junk mail, “spam,” chain letters or pyramid schemes of any sort) to any person through the use of the Services.
• You should demonstrate appropriate respect for other Members. If you disagree with an opinion on the Services, feel free to challenge that opinion with a posting of your own. You should, however, refrain from ever personally attacking the person making the posting.
• You will not violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange.
• You will not 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).
• You will not upload, post or submit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person.
• You will not upload, post or submit improper or off-topic messages.
9. DIGITAL MILLENNIUM COPYRIGHT ACT. It is MineFund.com’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act.
10. TERMINATION. You may terminate your Membership or Subscription at any time by sending e-mail to info AT MineFund.com. Upon termination, you will receive an automated confirmation via e-mail that the request was received, and your access will be suspended within 24 hours. You are responsible for any and all charges incurred (for products or services purchased) in accordance with the terms and conditions of the particular services you purchased. CANCELLATION DOES NOT IMPLY OR PROVIDE THE BASIS FOR REFUNDS OR STOPPING PAYMENT ON FEES AND PAYMENTS AS SET FORTH IN SECTION 5 AND 6.
10.1. MineFund.com may, in its sole discretion, terminate or suspend your access to all or part of the Services for any reason, including, without limitation, breach or assignment of these Terms of Service.
11. DISCLAIMERS OF WARRANTIES. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SERVICES AND THE CONTENT AVAILABLE THROUGH THE SERVICES IS ON AN “AS-IS”, “AS AVAILABLE” BASIS AND MINEFUND.COM AND ITS INFORMATION PROVIDERS SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11.1. MineFund.com is not a registered investment advisor. MineFund.com does not give tax or investment advice or advocate the purchase or sale of any security or investment. You should always seek the assistance of a professional for tax and investment advice. Certain information and data provided in connection with these Services may be delayed as specified by financial exchanges or Information Providers. MineFund.com and the Information Providers furnish the information available in connection with these Services without responsibility for accuracy and you agree that errors or omissions contained in such information shall not be made the basis for any claim, demand or cause of action against MineFund.com or any Information Provider. MineFund.com may link to, or promote, web sites or services from other companies or offer you the ability to download software from other companies. You agree that MineFund.com is not responsible for, and do not control, those web sites, services and software. The Services includes facts, views, opinions and recommendations of individuals and organizations deemed of interest. Neither MineFund.com nor the Information Providers guarantees the accuracy, completeness or timeliness of, or otherwise endorses, these facts, views, opinions or recommendations, gives investment advice, or advocates the purchase or sale of any security or investment.
12. LIMITATIONS ON LIABILITY NEITHER MINEFUND.COM, NOR ANY INFORMATION PROVIDER, NOR ANY OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (THE “EXCLUDED PARTIES”) WILL BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF SUCH EXCLUDED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE EXCLUDED PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. You understand and agree that your use of the Services is at your sole risk.
13. INDEMNITY. You agree to indemnify and hold MineFund.com and its respective subsidiaries, affiliates, officers, agents, employees, partners and the Information Providers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Member Content you upload, post, submit or otherwise make available through the Services, your use of the Services, and your violation of this Agreement.
14. GENERAL. Except as set forth in Section 2 above, this Agreement contains the final and entire agreement between us regarding your use of the Services and supersedes all previous and contemporaneous oral or written agreements regarding your use of the Services. This Agreement is personal to you, which means that you may not assign your rights or obligations under this Agreement to anyone. No third party is a beneficiary of this Agreement. You agree that this Agreement, as well as any and all claims arising from this Agreement will be governed by and construed in accordance with the laws of the State of Missouri, United States of America applicable to contracts made entirely within Missouri and wholly performed in Missouri, without regard to any conflict or choice of law principles. The sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in St. Louis, Missouri. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
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