1. Acceptance of Terms; Modification of Terms
By using any of our Services, you agree to comply with these Terms. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OR SUBSCRIBING TO OUR SERVICES. If you do not agree to these Terms, please do not use our Services. Our Services include information delivered via free content made available on or through our Sites (the "Free Service") and premium content which you pay for through a subscription (the "Paid Service"). The Free Service and the Paid Service are collectively referred to as "Services." These Terms may be revised from time to time. Your use of the Services signifies your acceptance of the revised Terms.
2. Right to Use Services
Parts of the Sites, including parts relating to the Paid Service, may be accessed only with a User ID and Password. YOU AGREE THAT SUCH ACCESS TO THE SITES OR THEIR CONTENT WILL BE LIMITED TO THE NAMED USER(S) ONLY. YOU AGREE FURTHER THAT YOU WILL NOT, UNDER ANY CIRCUMSTANCES, ALLOW YOUR USER ID OR PASSWORD TO BE USED BY ANY OTHER PERSON. "Named User" means the identity of the person that is provided to us as the subscriber to any of the Sites.
3. Disclaimers Related to Services
a.Accuracy of Information not Guaranteed
Our Services include investment and market information made available through our publications and websites. Although this material is deemed reliable and current, we have not verified this information and do not represent that this material is accurate, current or complete, and it should not be relied upon as such. The opinions expressed in such publications are those of the publisher and are subject to change without notice. The information in such publications may become outdated, and we have no obligation to update it.
b.Compensation For Endorsing Products or Services
We may endorse certain products or services sold by other companies with whom we may have a financial relationship and receive certain commission on generated sales. While we endorse only products and services that we believe in, you are responsible for performing your own due diligence and evaluating whether such products or services are right for you.
c.Ownership of Securities Mentioned
TwoNuggets AG, its principals, employees, managers, members, officers, family, and associates of the foregoing may from time to time have positions in the securities or commodities described in the material published as part of the our Services. Corporate policies are in effect that attempt to avoid potential conflicts of interest, and we endeavor to resolve conflicts of interest that do arise in a timely fashion.
d.Content Not to be Construed as Personal Investment Advice
The material published as part of the Services is for informational purposes only and does not take into account your individual investment objectives, financial situation or means. Information published as part of the Services is not intended to constitute individual investment advice and is not designed to meet your personal financial situation. The material is not to be construed as an offer to buy or sell, or the solicitation of an offer to buy or sell, any security, financial product or instrument; or to participate in any particular trading strategy in any jurisdiction in which such offer, solicitation or trading strategy would be illegal.
e.No Determination of Suitability Made; Not All Risks Disclosed; Private Advisors Recommended
The fact that we have made information available to you through the Services is neither a recommendation that you enter into a particular transaction nor a representation that any investment described in the Services is suitable or appropriate for you. Many of the investments described by our Services involve significant risks, and you should not enter into any transactions unless you fully understand all such risks and have independently determined that such transactions are appropriate for you. Any discussion of the risks contained herein with respect to any product should not be considered to be a disclosure of all risks or complete discussion of the risks which are mentioned.
4. Our Proprietary Rights
The Services and the content distributed through the Services, as well as all copyright, trademark and other rights therein, is the property of TwoNuggets AG. You acknowledge and agree that you do not acquire any ownership rights by using the Services. You agree that you will not copy, republish, upload, post, transmit, distribute, sell or otherwise send to others via e-mail or any other medium any content made available through the Services. No portion of any publication made available through our Services may be extracted, summarized or reproduced without permission of TwoNuggets AG. Nothing contained herein shall be construed as conferring any license or right under any of our copyrights, trademarks or other rights. Unauthorized use, reproduction or rebroadcast of any content of our Services, including but not limited to disclosing investment recommendations in such Services to non-subscribers in any manner, is prohibited and shall be considered an infringement and/or misappropriation of our proprietary rights. Modification of the content or use of the content for any purpose other than your own personal, noncommercial use is a violation of our copyright and other proprietary rights, and can subject you to legal liability.
5. Termination of Subscription
The following terms apply in the event that you or we decide to terminate your subscription to our Services:
a. Free Service Publications
You may terminate receipt of any of our Free Service publications at any time by sending us a request to remove yourself from the relevant distribution list. If you feel you have been signed up incorrectly and do not wish to have access to the Free Service publications, you can remove yourself from the list by clicking the "unsubscribe" link or sending an e-mail request to firstname.lastname@example.org.
b. Paid Service Publications
c. Our Right to Terminate your Subscription.
We reserve the right to terminate your subscription to any of our Services at any time in our sole discretion. If we do so, we will promptly refund to you a pro-rated refund of the amount of the subscription payments you previously paid which relate to the remaining subscription period. Termination of your subscription to any of our Services may result from your violation of these Terms or any unauthorized use or reproduction or rebroadcast of any of our publications or information contained in our Services, any infringement or misappropriation of our proprietary rights, or any other reason determined in our sole discretion. You agree that if your account is terminated by us for these reasons, you will not attempt to establish a new account under any name, real or assumed.
Our Services may include comments, articles and other content which have been contributed by you or other third parties ("User Contributed Content", further "UCC"). You agree to be personally responsible for any UCC you submit to us and you agree to comply with the following additional terms applicable to UCC.
Your submission of UCC constitutes your acceptance, without modification, of these Terms. If you do not agree with these Terms, you should not submit UCC.
By posting or submitting content to us, you grant us a non-exclusive, worldwide, perpetual, irrevocable, unrestricted, royalty-free, fully paid-up, transferable license, with the right to sublicense, use, copy, display and distribute such UCC, and to sell, modify, create derivative works from and/or to incorporate such UCC into other works in any form, medium or technology, whether now known or hereafter developed, in each case, for any purpose whatsoever, commercial or otherwise, without compensation to you. You agree to waive any moral rights that you may have to your UCC.
When you submit any UCC to us, you agree to the following:
- to be personally responsible for your UCC and to communicate your comments and opinions in a lawful and respectful manner;
- that any UCC submitted by you does not defame any person or violate or infringe the intellectual property rights of any person including, without limitation, trade secrets, confidential information, copyrights, trademarks, patents, rights of publicity or any other proprietary rights;
- not to submit any UCC which contains advertising, promotional materials or links, messages constituting hidden promotion or any solicitation of products or services without our prior written consent;
- to submit UCC that is related to the subject matter of the Site and that complies with applicable law;
- not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
- not to submit any UCC that violates any local, national or international law or to engage in activity that would constitute a criminal offense or give rise to a civil liability;
- not to submit UCC which is abusive or harassing to any other person;
- not to submit any UCC which contains language or other material that may be considered objectionable or offensive;
- not to harvest, collect or store information about other users of the Site or to invade anyone's privacy or disclose another person's personally identifiable information in your UCC;
- You agree not to upload, post, email, otherwise transmit, or post links to any UCC that contains malicious software like viruses, worms, trojans, or any other computer code, files or programs or repetitive requests for information designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to diminish the quality of, interfere with the performance of, or impair the functionality of the Site or any third party software, site, equipment or service;
- not to engage in any activity which may compromise the stability or availability of the Site or use the Site to compromise the availability or stability of any third party site or service;
- not to reverse engineer, hack, spam, block, disrupt, or otherwise change or alter, or attempt to change or alter, the Site; and
- not to circumvent any security measures or any payment collections methods employed on the Site or access the Site or submit UCC after your account, access or contributing privileges have been terminated by us.
d. Disclosure of Conflicts of Interest
When you submit any UCC to us, you also agree to abide by the following disclosure rules:
- You agree to disclose any conflict of interest, ownership interest, business, employment, or other financial relationship you have with any company or stocks named in any UCC you submit including, without limitation, the existence at the time of writing of a long or short position (including stocks, options or other instruments).
- You agree not to submit UCC with the intent to increase or decrease a stock's price and sell or purchase the stock as a result of such increase or decrease.
- You agree to disclose any intent to purchase or sell a stock within three trading days of submitting UCC that discusses that stock.
e. Responsibility for UCC
Comments and views expressed on UCC are those of the contributors only and do not necessarily represent our views. We do not endorse and specifically disclaim all responsibility and liability for any UCC. We have no obligation to pre-screen or monitor UCC; however, we reserve the right to monitor, delete, move or edit UCC, in whole or in part, in our sole discretion at any time without notice to you. We also reserve the right to terminate your access to or ability to submit UCC at any time, without notice, for any reason whatsoever.
f. Copyright Infringement Notices
We respect the intellectual property rights of others and it is our policy to respond expeditiously to claims of intellectual property infringement. We will promptly process and investigate notices of alleged infringement and take appropriate actions under applicable intellectual property laws.
Upon receipt of notices complying or substantially complying with the US. DMCA (Digital Millenium Compliance Act), we will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We will terminate access for subscribers who are repeat infringers.
7. International Use
Information published in connection with our Services may contain references to information and materials that are not appropriate or available in countries or regions outside Switzerland. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with local laws, if and to the extent applicable.
8. Disclaimer of Warranties
The Services and any content distributed through the Services is provided "as is" without representations or warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we, our officers, managers, members, employees, affiliates and agents disclaim all warranties, express or implied, including but not limited to implied warranties of title, non-infringement, merchantability and fitness for a particular purpose or use, and all warranties relating to the accuracy or completeness of any information contained in the Services. Your use of the Services and the information contained therein are entirely at your own risk. No opinion, advice or statement made in our Services or otherwise shall create any warranty.
Neither us nor our officers, managers, members, employees, affiliates and agents will have any liability, contingent or otherwise, to you or to third parties, or any responsibility whatsoever, for the failure to maintain your access to the Services, or for any interruption or disruption of such access. We shall have no liability, contingent or otherwise, to you or to third parties, for the correctness, quality, accuracy, timeliness, reliability, performance, continued availability, completeness or delays, omissions, or interruptions in the Services. Under no circumstances shall we be held liable for any delay or failure in performance or other default or damage where such has been caused by acts of nature, forces, or causes beyond our reasonable control including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, an act of God, war, major disaster, terrorism, third-party criminal acts, insurrection, riot, flood, earthquake, fire, strike, lockout or other labor disturbance, delay by carriers, shortage of fuel, power, materials or supplies, operation of statutes, laws, rules or rulings of any court or government, non-performance of third parties or any other cause beyond our control.
9. Limitation of Liability
In no event will TwoNuggets AG or any of our principals, officers, managers, members, employees, affiliates, consultants, contractors or third-party content providers be liable for any special, indirect, incidental, consequential, EXEMPLARY OR PUNITIVE damages, LOST PROFITS OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL THEORY RELATED TO youR usE OF OR INABILITY TO USE the SERVICES even if WE haVE been advised of the possibility of such damages. Your sole remedy for dissatosfaction with the services is to STOP USING it and seek a refund per the terms described in section 4. In no event shall our total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount piad by you, if any, for using our services in the current calendar year of your subscription.
You agree to indemnify, defend and hold harmless us and our current and former officers, managers, members, employees, affiliates, consultants, contractors, third-party content providers and their successors and assignees from and against any and all liabilities, claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses associated with or incurred as a result of or from (a) your violation of these Terms; (b) your use of the Sites or the Services; (c) the actual or alleged infringement of any of our or third party proprietary or intellectual property right arising out of your copying, republishing, uploading, posting, transmitting, distributing, selling or using the Services in any manner not authorized by us; or (d) any UCC submitted by you.
11. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Switzerland. You and we irrevocably consent to the sole and exclusive jurisdiction of kanton of Nidwalden in connection with any action, suit or other proceeding arising out of or related to these Terms or your use of the Services. You and we waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non conveniens in any such action.
These Terms represent the entire agreement between you and us relating to your use of the Services and supersedes any and all prior or contemporaneous written or oral agreements on that subject between us. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the remaining Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver by either party of any breach or default under these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. We reserve all legal rights and remedies available to us.
Please see our Privacy Statement for information regarding our collection and use of your personal information.
Appendix - Regulamin forum TwoNuggets
Motto: forum 2N jest moderowane. Moderacja nie oznacza cenzury merytorycznej – różnica opinii stanowi esencję dyskusji. Chodzi o jej formę i o nie mylenie 2N z bezpańskim murem który pokryć można dowolnym grafiti, w tym reklamą. Noblesse oblige.