Last updated: March 15, 2016
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You understand that the Site may contain opinions from time to time with regard to securities or currencies mentioned in other Axoni products, and that opinions in one publication or product may be different from those in another blog or product. You understand and agree that, Content contributors or their affiliates may write about assets in which they or their firms have a position, and that they may trade for their own account, and that they may or may not be subject to a disclosure policy. In cases where Axoni becomes aware that one of its employees has violated his or her disclosure obligation, Axoni will take appropriate action. In addition, outside bloggers or Content contributors may be subject to certain restrictions on trading for their own account. However, you understand and agree that at the time of any transaction that you make, one or more Content contributors or their affiliates may have a position in the securities or digital currency assets written about.
You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete.
From time to time, reference may be made on our Site to prior articles and opinions we have published. These references may be selective, may reference only a portion of an article or opinion, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon.
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The Site permits the submission of Content by users of the Site (a “User Submission”), including without limitation comments, articles, links, private messages sent to other registered users through the Site's comment system. Axoni has the right in its sole discretion and without further notice to you, to monitor, censor, edit, move, delete, and/or remove any and all Content posted on its Site or any Content transmitted by direct messaging or by any other method to or from your Axoni user account at any time and for any reason. Without limiting the foregoing, Axoni has the right to delete any comment or Content that it believes, in its sole discretion, does or may violate the TOU of the Site by you.
Axoni reserves the right to remove Content that violates one of the following principles, as determined by Axoni, at our discretion:
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When you post any User Submission on the Site or give Axoni permission to post your Content, you agree to:
- Post comments in both tone and Content that contribute in a positive and high quality manner to the substantive exchange of information and the subject matter of the Site.
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Axoni will use commercially reasonable efforts to attribute material User Submissions to the author.
When you post any User Submission on the Site, you also agree to abide by the following disclosure rules:
- To disclose the existence at the time of writing of a long or short position (including digital currencies, stocks, options or other instruments) in any asset mentioned in any User Submission (except for “Comments”).
- You may not write about an asset with the intention to boost or reduce the asset's price and sell (or buy) the asset into the resulting strength or weakness.
- If you intend at the time or writing to sell or buy an asset within three days of publication of a User Submission that discusses that stock, you must disclose this.
- Abide by the following conflict of interest rule: You will disclose any material relationships with companies you write about in a User Submission or parties that stand to gain in any way from the viewpoint you are outlining. Examples: You must disclose if you are employed by a company who you are writing about; perform consulting for a company you write about; receive paid advertising revenue or any other form of sponsorship fee from a company you write about. This applies to narrow asset classes as well. For example, if you are paid to promote a digital currency exchange, that must be disclosed in any User Submission about that exchange.
- If you choose an alias, be responsible for all statements made and acts or omissions that occur by use of your alias.
- Waive any and all rights against Axoni and hold Axoni harmless in connection with any claims relating to any action taken by Axoni as part of its investigation of a suspected violation or result of its conclusion that a violation of these TOU has occurred, including but not limited to the removal of User Submission from the Site or a suspension or termination of your access to the Site.
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You agree not to:
- Choose an alias that is threatening, abusive, offensive, harassing, derisive, defamatory, vulgar, obscene, libelous, hatefully, racially, ethnically or otherwise or objectionable.
- Post or transmit any Content that you either know or should know is false, deceptive or misleading, or misrepresent or deceive others as to the source, accuracy, integrity or completeness of any comment you post.
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- Post or transmit any Content that does or may invade the privacy or violate or infringe on any rights of others, including, without limitation, copyrights and other intellectual property rights.
- By use of your alias or in any comment, impersonate any person or entity, falsely or deceptively state, infer or otherwise misrepresent your affiliation with or connection to any person or entity.
- Post or transmit any Content which, either the act of posting or the comment itself, you do not have a right to do under any law, regulation or order of any court, or as a result of an employment, contractual, fiduciary or other legal obligation or relationship.
- Post or transmit any advertising, promotional materials, so called “chain letters,” “pyramid” or other schemes or invitations to participate in these or any other form of solicitation or promotion.
- Post or transmit any non-public or otherwise restricted, confidential or proprietary information without authorization.
- Violate any local, state, national or international law, regulation or order of any court, including but not limited to regulations of the U.S. Securities and Exchange Commission or any rules of any exchanges.
Each individual who submits a User Submission, whether published on the Site or not, is solely responsible for her or his own acts, including the content, context or information in the User Submission he or she submits. This means that each individual, and not Axoni, is entirely responsible for anything and everything she or he posts on the Site. Axoni does not, and does not intend to, pre-screen any comments posted on its Site, and Axoni cannot and does not guarantee the accuracy, integrity or quality of anything that may appear on its Site.
While we believe that the Site can and should be a positive environment for the exchange of information, you understand that the Site is open for posting to all users. Some individuals may post comments that may be offensive, indecent, objectionable, false, misleading or simply inappropriate.
Axoni encourages civil, thought-provoking debate and idea-sharing among investors and digital currency market followers. In order to maintain a level of discourse appropriate to our user base, we are strongly opposed to trolling, uncivilized discussion, mudslinging, inappropriate language, and blanket dismissal of others' ideas. We reserve the right, but have no obligation, to delete comments and block/delete accounts of users we believe, in our sole discretion, lower the level of discourse and courtesy we strive to engender.
Moderating decisions are subjective, and we strive to make them carefully and consistently. Due to the volume of content, we cannot review moderation decisions with users and cannot reverse decisions.
The Content available on the Site is intended to serve as a discussion center for thoughtful users who make their own investment decisions, with or without the help of a broker. The Site is not the place for alternative currency touters, cheerleaders or hypesters. We require all participants to disclose any positions they have in assets being discussed.
Without derogating from the above, Axoni editors, at their discretion, may refrain from posting or remove User Submissions that violate these standards or which are otherwise inappropriate. These standards are designed to promote credible, responsible, intelligent and informative dialogue. We cannot guarantee the credibility or honestly of users, and we cannot and will not monitor the veracity of names and positions or the Content of any posts. However, by setting out the above guidelines, we hope to raise the credibility of the discussion and foster a spirit of open, honest exchanges of information.
If an author has a business relationship with a company named in an article that he or she has authored, that relationship must be fully and accurately disclosed.
If you have any comments on our policies, or complaints or concerns of any kind about any posts, please contact us at email@example.com. We will do our best to review all of the information that you communicate to us, but we may not be able to take action or respond directly to each email.
We reserve the right to access, read, preserve, and disclose any User Submissions (whether published or not) or any other information we believe is reasonably necessary to (a) comply with any applicable law, regulation, legal process, subpoena or governmental or regulatory request, (b) enforce these TOU, including investigation of potential violations of it, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Axoni, its users, yourself or the public.
If a Dispute (as defined below) of any kind arises, we want to understand and address your concerns quickly and to your satisfaction. Please contact us in the event of any Dispute. If we cannot resolve your concerns, we agree to an informal and inexpensive dispute resolution process requiring individual arbitration. For the purpose of this Agreement “Disputes” include any claim, controversy, or dispute (whether involving contract, tort, equitable, statutory, or any other legal theory) between you and Axoni including but not limited to any claims relating in any way to this Agreement (including its breach, termination, or interpretation), any other aspect of our relationship and any use of Axoni Content, software or services. “Disputes” also include any claims that arose before this Agreement and that may arise after termination of this Agreement.
You and Axoni agree to arbitrate all Disputes. Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ONLY BE ON A INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED, AND YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS ACTION AGAINST Axoni. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration). All Disputes shall be resolved finally and exclusively by binding individual arbitration with a single arbitrator administered by the American Arbitration Association (www.adr.org) or JAMS (www.jamsadr.org) according to this provision and the applicable arbitration rules for that forum. The Federal Arbitration Act, 9 U.S.C. §§ 1-16, fully applies. Unless otherwise required by law, any arbitration hearing will occur in New York, New York. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. For any Dispute, Axoni will pay all the arbitration fees. If you prevail on any claim for which you are legally entitled to attorney’s fees, you may recover those fees from the arbitrator. For any claim where you are seeking relief, Axoni will not seek to have you pay its attorney’s fees, even if fees might otherwise be awarded, unless the arbitrator determines that your claim was frivolous. For purposes of this arbitration provision, references to you and Axoni also include respective subsidiaries, affiliates, agents, employees, predecessors, successors and assigns as well as authorized users or beneficiaries of Axoni services. Subject to and without waiver of the arbitration provisions above, you agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state courts in the City and County of New York, New York, or federal court for the Southern District of New York.
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Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
Axoni AND ITS AFFILIATES, SUPPLIERS, AGENTS AND SPONSORS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT THE SITE OR THE SERVER(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF Axoni OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.
NEITHER Axoni NOR ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUPPLIERS, ADVERTISERS, AGENTS AND SPONSORS ARE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR ANY CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE USED OR PURCHASED THROUGH Axoni. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO Axoni FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SITE OR ANY SERVICES, DURING THE PREVIOUS SIX (6) MONTHS PRIOR TO BRINGING THE CLAIM.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
As a condition of your use of the Site, you agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your violation of the TOU; (b) your use of the Site; (c) your violation of the rights of any third party, or (d) any claim that one of Your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these TOU and your use of the Site.
You understand and agree that Axoni may, under certain circumstances and without prior notice to you, terminate your access to and use of the Site. Cause for such termination shall include, but not be limited to, (i) breaches or violations of the TOU or other agreements or guidelines, (ii) requests by law enforcement or other government or regulatory authorities or (iii) repeat violators of third party copyrights or other intellectual property.
Axoni respects the intellectual property of others, and we ask our users to do the same. Axoni may, in appropriate circumstances and at its discretion, terminate the account or access of users who infringe the intellectual property rights of others.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- A description of where the material that you claim is infringing is located on the site, including the URL;
- Your address, telephone number, and email address;
- 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 law; and
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Axoni's Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
By mail: 300 Park Ave, Fl 13, New York, NY, 10022
By email: firstname.lastname@example.org
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site's Content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
Even after your access to the Site is terminated, or your use of the Site discontinues, these TOU will remain in effect. All terms that by their nature may survive termination of these TOU shall be deemed to survive such termination.The Agreement does not limit any rights that we may have under trade secret, copyright, patent, or other laws. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
You agree that, except as otherwise expressly provided in these TOU there shall be no third party beneficiaries. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these TOU.
If you have any questions, complaints, or claims with respect to the Site or any of our policies or agreements, you may contact us using the following:
- By mail: Axoni, 300 Park Ave, Fl 13, New York, NY, 10022
- By email: email@example.com
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