Trading.TV Community Guidelines
Trading.TV was designed to assist you, the “User,” in learning about investing, the stock market, and the securities industry, and in making your own investment decisions through live streaming trading activity and providing a forum for User interaction. In addition to viewing any information, text, links, graphics, photos, audio, videos (including live stream videos), or other materials or arrangements of materials uploaded, downloaded or appearing (collectively “Info”), you may, at your sole discretion, contribute to the information provided on Trading.TV by posting Info that follows these Community Guidelines on Trading.TV. Doing so as a User is voluntary, meaning that there is no obligation to do so, and you will receive no compensation, monetary or otherwise, from Trading.TV for doing so. Trading.TV is available to you only if you are at least 13 years of age and agree to be bound by and abide with these Community Guidelines, in addition to the attached Privacy Notice. These Community Guidelines, as amended from time to time, will govern your participation in, use of and contribution to the Info available through Trading.TV. Each time you access Trading.TV you expressly agree to be bound by and abide with these Community Guidelines.
Amendments to these Community Guidelines. Trading.TV may unilaterally amend these Community Guidelines at any time by posting the amended Community Guidelines on Trading.TV. Your continued use of Trading.TV reaffirms your agreement to be bound by and to abide with these Community Guidelines. These Community Guidelines may not be otherwise amended or modified by you. These Community Guidelines were last revised in June 2021.
Term. We may remove or modify any content at any time without prior notice to you. We may terminate your use of Trading.TV at any time without prior notice to you. We will not be liable to you or anyone else for removal or modification of any content or termination of your use of Trading.TV. You acknowledge and agree that, on termination of your use of Trading.TV, we may, in our sole discretion, immediately delete and discard all information you have posted and bar any further access by you to that information.
Password/username. You are responsible for the confidentiality and use of your username, login name, login password, screen name and any access numbers, names or additional passwords. In selecting a username, login name and screen name, you may not impersonate or imitate any other person, entity or User, nor may you attempt to communicate anonymously with Trading.TV. You are responsible for all communications made through Trading.TV using your username, login name, login password, and screen name. You must immediately notify Trading.TV if you become aware of any unauthorized use, loss or theft of your username, login name, login password, and screen name.
Your responsibility for your computers, data, and third-party tools. You are solely responsible for the security and maintenance of your computer systems and data, the functionality and appropriateness of any third party-software or other analytical or related tools that you may choose to use with Trading.TV, ensuring that any programs, files and data that you transmit or upload to Trading.TV contain no malicious code. Malicious code refers to any code, program, or sub-program whose knowing or intended purpose is to damage or interfere with the operation of the computer system containing the code, program, or sub-program or to halt or interfere with the operation of the software, code, program, or sub-program itself, including any device, method, or token that permits any User to circumvent the normal security of the software or the system containing the code.
No endorsement of postings. You must use your best judgment and reasonable caution in evaluating all postings of other Users or information available on or through Trading.TV. We do not endorse, oppose or edit any point of view or opinion expressed by a User in Info, except if we edit Info by permanently or temporarily removing or deleting what appears to be potentially unlawful content or content otherwise prohibited under these Community Guidelines. We do not make any representation with respect to, nor do we endorse the reliability of any material on Trading.TV. We expressly disclaim all responsibility and liability for such materials.
No recommendations. Trading.TV does not recommend investments in securities or provide investment advice. You must use your own judgment in making investment decisions. Trading.TV does not act as an investment adviser, broker, dealer, underwriter, or placement agent. Trading.TV does not recommend or endorse any particular securities or investments or otherwise provide investment advice that is personalized in nature. You are responsible for determining the nature, potential value and suitability of any particular security or investment, transaction or investment strategy. You have an obligation to monitor your investments and to make any investment decisions independently and prudently, not to rely on information provided on Trading.TV when making any investment decision, and to consult investment, legal or tax professional professionals as appropriate.
Trading. TV is not responsible for your selection of securities or investments and does not guarantee the accuracy or completeness of any information provided on Trading.TV. You should consult with an investment professional before any trade. You assume any liability for any loss that results from information you obtained on Trading.TV. Past performance of any security or investment is not an indication of future performance. All investments involve risks, including the possible loss of capital.
No representations. Content on Trading.TV is provided on an “as is” and “as available” basis. To the fullest extent permitted under applicable law, Trading.TV and any third party providers expressly disclaim all warranties of any kind with respect to Info, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Trading.TV nor third-party providers guarantee the accuracy, timeliness, completeness or usefulness of any Info. You agree to use the Info only at your own risk. Neither Trading.TV nor the third party providers explicitly or implicitly endorse or approve any third party content. Third party content is provided for informational purposes only.
External Links. Trading.TV and third-party providers may provide links to other websites or resources. Because neither Trading.TV or the third-party providers have any control over such sites and resources, you acknowledge and agree that neither Trading.TV nor the third party providers are responsible for the availability of such external sites or resources. Trading.TV and the third party providers do not endorse and are not liable for any content, advertising, products, or other materials on or available through such sites or resources. You further acknowledge and agree that neither Trading.TV nor the third party providers shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
No obligation to pre-screen information. Trading.TV is not obligated to screen, police, edit or monitor information posted on Trading.TV. Trading.TV reserves the right to delete or take other action with respect to information that it determines violate these Community Guidelines. Users who violate these Community Guidelines may, in Trading.TV’s sole discretion, receive a warning from Trading.TV, or be terminated from Trading.TV without warning. If you become aware of information that violates these Community Guidelines, please let Trading.TV know.
Your posts. The Info you post on Trading.TV must not be tailored, or purport to be tailored, to the investment needs of any other User or other individual. Any information you post must also be genuine in nature. When posting Info, you must disclose:
- Any affiliations you have with any issuer, sponsor or promoter of a security or investment about which you post Info or make predictions (including, but not limited to, any viewpoints, opinions, and/or conclusions), and the nature of your affiliation.
- Any monetary benefit or other consideration (and the specific amount) you, or anyone with whom you are affiliated, have received or expect to receive by virtue of your posting Info, directly or indirectly, from an issuer, underwriter, or dealer.
- Any conflicts of interest that you may have that may incline you, consciously or unconsciously, to post certain Info.
If you post an endorsement, you must comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, http://ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, as the same may be amended from time to time.
There are also some limitations surrounding the Info you post on Trading.TV. Specifically, you must not submit or post any blogging and/or posting of posts, tweets, text, photographs, videos, music (including background music), audio/sound recordings, artwork and/or other material or information to Trading.TV, including to any forums, chat rooms or bulletin boards available on or through Trading.TV, if it:
- Violates or infringes any rights of any other party, including but not limited to copyright, trademark, privacy, publicity or any other intellectual property rights;
- Contains statements without reasonable factual basis or for the purpose of manipulating the price of a security, cryptocurrency or other investment;
- Contains information about issuer of securities, a cryptocurrency or other investment that is material and nonpublic, the disclosure of which is improper or unlawful;
- Contains information that is false, inaccurate or misleading;
- Contains statements or materials that are inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that defame, harass, abuse, stalk, threaten or in any way infringe on the rights of others;
- Contains statements or materials that contain vulgar, obscene, profane or otherwise objectionable language or images that typically would not be considered socially or professionally appropriate;
- Contains content that is, or may reasonably be considered to be, hate speech, or promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
- Contains statements or materials that encourage criminal conduct that would give rise to civil liability or that otherwise violate or run contrary to any law or regulation, including but not limited to securities laws or regulations of the United States or of any other jurisdiction;
- Contains chain letters or pyramid schemes;
- Contains statements or materials that solicit or encourage Users to do business with competitors of Trading.TV;
- Disparages TTV or any other person or party;
- Contains material not consistent with the image and values of TTV; or
- Contains files that contain viruses or malicious codes or are otherwise corrupted, or contains programs that may damage the operation of another’s computer.
You further agree to not use Trading.TV to: impersonate any person or entity, including, but not limited to an official of Trading.TV, a celebrity, a well-known financial expert or influencer, or any other User of Trading.TV, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Permissions and Restrictions. You may access and use Trading.TV as made available to you, as long as you comply with these Community Guidelines and applicable law. You may view or listen to Info for your personal, non-commercial use.
The following restrictions apply to your use of Trading.TV. You are not allowed to:
- access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify or otherwise use any part of Trading.TV or any Info except: (a) as expressly authorized by Trading.TV; or (b) with prior written permission from Trading.TV and, if applicable, the respective rights holders;
- circumvent, disable, fraudulently engage with, or otherwise interfere with any part of Trading.TV (or attempt to do any of these things), including security-related features or features that (a) prevent or restrict the copying or other use of Info or (b) limit the use of Trading.TV or Info;
- access Trading.TV using any automated means (such as robots, botnets or scrapers) except with Trading.TV’s prior written permission;
- collect or harvest any information that might identify a person (for example, usernames or faces), unless permitted by that person;
- use Trading.TV to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations;
- cause or encourage any inaccurate measurements of genuine user engagement with Trading.TV, including by paying people or providing them with incentives to increase a video’s views, likes, or dislikes, or to increase a channel’s subscribers, or otherwise manipulate metrics in any manner;
- misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;
- run contests on or through Trading.TV that do not comply with these Community Guidelines;
- use Trading.TV to view or listen to Info other than for personal, non-commercial use (for example, you may not publicly screen videos or stream music from Tradding.TV); or
use Trading.TV to (a) sell any advertising, sponsorships, or promotions placed on, around, or within Trading.TV or the Info, other than those expressly permitted by Trading.TV (such as compliant product placements); or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains content from Trading.TV or where content from Trading.TV is the primary basis for such sales (for example, selling ads on a webpage where Trading.TV videos are the main draw for users visiting the webpage).
Permission to use your postings. By agreeing to these Community Guidelines, you grant us the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display such content (in whole or part) worldwide and to incorporate it in other works in any form, media or technology now known or later developed.
Right to Monetize. You grant us the right to monetize your Info (and such monetization may include displaying ads on or within Info or charging users a fee for access). You are not entitled to any payments related to our use of the Info. Any payments you may be entitled to receive from us under any other agreement between you and us will be treated as royalties. If required by law, we will withhold taxes from such payments.
Disputes between Users. Because Trading.TV does not and cannot be involved in dealings between Users, in the event you have a dispute with one or more Users, you will not involve Trading.TV, and you release Trading.TV (and our directors, officers, employees, representatives, agents, successors or assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Advertisers or other third parties. Trading.TV, in its sole discretion, may post content or advertisements of third parties on Trading.TV. A User’s correspondence or any other dealings with advertisers or such third parties is solely between the User and such advertisers or third parties. Likewise, Trading.TV does not endorse, oppose or edit any opinion or analysis expressed by any third party. You agree that Trading.TV will not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or third parties on Trading.TV. Moreover, Trading.TV will not be responsible or liable for the settlements or conduct of any advertiser or third parties.
Security of communications on the Internet and events beyond our control. Use of the Internet is solely at your own risk and is subject to all applicable local, state, national and international laws and regulations. Trading.TV is not responsible for the security of information transmitted via the Internet, the accuracy of the information contained on Trading.TV, or the consequences of any reliance on such information. You must make your own decisions as to these matters. We will not be liable for any loss resulting from a cause over which we do not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines.
Security and confidentiality of Trading. TV. For your protection, Trading.TV reserves the right to view, monitor and record activity on Trading.TV. Any information obtained is subject to review by law enforcement and regulatory organizations. Trading.TV will also comply with all court orders involving requests for information. You agree to use Trading.TV only for the purposes for which it is intended.
Limit of liability and warranty. None of Trading.TV or any of its directors, officers, employees, representatives, agents, successors or assigns will be liable for any indirect, incidental, special or consequential damages (including but not limited to lost profits, trading losses and damages that result from inconvenience, delay or loss of the use of Trading.TV) arising out of the use of Trading.TV, the information contained on or available through Trading.TV, even if Trading.TV has been advised of the possible of such damages or losses.
Intellectual property rights. Trading.TV respects the intellectual property of others and follows the requirements set forth in the Digital Millennium Copyright Act (“DMCA”) and other applicable laws. If you are the copyright owner or agent thereof and believe that content posted on Trading.TV infringes upon your copyright, please submit a notice to Trading.TV, 14 Wall Street, 20th Floor, New York, New York 10038, Attention: General Counsel.
Trading.TV, Trading.TV logos, and any other product or service name, logo, or slogan used by Trading.TV, and the look and feel of Trading.TV, including all page headers, custom graphics, button icons, and scripts, are trademarks of Trading.TV, and may not be used in whole or in part in connection with any product or service that is not Trading.TV’s, in any manner. All other trademarks referenced on Trading.TV are the property of their respective owners.
We will terminate the privileges of any User who uses Trading.TV to unlawfully transmit copyrighted or trademarked material without a license, express consent, valid defense or fair use exemption to do so.
No Endorsements. Reference on Trading.TV 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 by Trading.TV or any other affiliation.
Arrangements with Content Creators and Influencers. Trading.TV has arrangements with certain content creators and influencers pursuant to which they provide content on and otherwise promote Trading.TV in exchange for compensation or other benefits from Trading.TV. We require these content creators and influencers to comply with these Community Guidelines and the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, including by disclosing that they receive compensation or other benefits from us. We do not endorse any point of view or opinion or statement expressed by any creator or influencers by making their content available on Trading.TV.
Indemnity. To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Trading.TV, its affiliated companies, and each of our respective directors, officers, employees, representatives, agents, successors or assigns from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of Trading.TV, any Info you post, store, or otherwise transmit in or through Trading.TV, your violation of the rights of any third party, any violation by you of these Community Guidelines, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify Trading.TV of any third-party claim, and Trading.TV reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Trading.TV, and you agree to cooperate with Trading.TV’s defense of these claims. Trading.TV will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. For the avoidance of doubt, you expressly agree to hold Trading.TV harmless for any investment decisions made, in whole or in part, based on information obtained as a result of, either directly or indirectly, your use of Trading.TV.
Assignment. These Community Guidelines are binding on and will inure to the benefit of the parties’ respective successors and permitted assigns. You may not assign your rights or obligations under these Community Guidelines without prior written consent from Trading.TV. Any assignment attempted to be made in violation of these Community Guidelines will be void.
Governing law and arbitration. These Community Guidelines have been made in and will be construed and enforced in accordance with the substantive law of the State of New York. Should a dispute arise from these Community Guidelines which cannot be resolved in good faith negotiations, you agree to submit the dispute to arbitration in New York, New York, before a single arbitrator using the Commercial Rules of the American Arbitration Association. The arbitrator will award the prevailing party in any arbitration the costs of the arbitrators, including reasonable attorneys’ fees and all reasonable expenses. You and Trading.TV agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to Trading.TV will be sent to: Trading.TV, 14 Wall Street, 20th Floor, New York, New York 10038, Attention: General Counsel
If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Community Guidelines will be governed by and construed under the laws of your jurisdiction of residence, and will be resolved by competent civil courts within your jurisdiction of residence. Trading.TV makes no representations that the Info available on Trading.TV is appropriate for use in other locations outside the US.
Miscellaneous. The provisions of these Community Guidelines relating to indemnification, limitations on liability, unauthorized and improper use of Trading.TV, and licenses granted by you to your postings will survive the termination of these Community Guidelines. If Trading.TV fails to exercise or enforce any term or provision of these Community Guidelines, it will not constitute a waiver of such term or provision. Any waiver of any term or provision of these Community Guidelines will be effective only if in writing and signed by both parties. If a court of competent jurisdiction adjudges any portion of these Community Guidelines invalid or unenforceable, the remaining portions will remain valid and enforceable. Any modifications required by law will become effective immediately.
Headings to these Community Guidelines are for convenience of reference only, and neither the headings nor the placement of any provision under any particular heading will restrict or modify any provision of these Community Guidelines.