BP NETWORKS, INC. – MEMBER AGREEMENT – TERMS OF SERVICE
Welcome to Duedee! A social network that connects investors and finance enthusiasts like you with others around you. We hope you enjoy the services offered and continue to interact with the community of Duedee members.
Duedee services and networks are operated by BP Networks, Inc. (“BP”, “we”, “us” or the “Company”), its divisions, subsidiaries and business partners (collectively “Affiliates”). By accessing or using this site and all sub-domains (the “Sites"), or by posting a BP widget on your own site, or by using any BP powered application or services available outside of the Sites (collectively the “Services”), you ("User", “your”, “you”) indicate that you read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of BP. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for BP to provide you with the Services.
We reserve the right to change, modify, add, or delete portions of these Terms of Service at any time without further notice. We will; however, post advance notice of the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Sites or the Services after any such changes constitutes your acceptance of the new Terms of Service.
If you do not wish to be bound by these or any future Terms of Service, do not use or access (or continue to use or access) the Sites or the Services. It is your responsibility to regularly check this Agreement to determine if there have been changes to these Terms of Service and to review such changes.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT LEGAL INFORMATION, REMEDIES AND OBLIGATIONS, AND VARIOUS LIMITATIONS AND EXCLUSIONS. BY COMPLETING THE ENROLLMENT PROCESS, YOU AGREE TO THE TERMS OF SERVICE, JUST AS IF YOU HAD SIGNED THE MEMBER AGREEMENT.
1. ELIGIBILITY
Membership in the Services is void where prohibited.
Use of the Services are only intended for members who are sixteen (16) years of age or older. Any registration by, use of or access to the Services by anyone under or assumed to be under the age of 16, may have their account and profile suspended or terminated without notice as a violation of these Terms of Service. By using the Services, you represent and warrant that you are 16 years of age or older, that you are not a person barred from receiving the Services under the laws of your Country of residence, or any applicable jurisdiction, and that you agree to and abide by all of the terms and conditions of this Agreement.
2. REGISTRATION
By use and in consideration of the use of the Services you agree to:
a) Provide accurate, current and complete information about you during registration;
b) Keep accurate, current and complete the information about you after registration, and any other information you provide to BP;
c) Maintain the security and confidentiality of your password and identification;
d) Immediately notify BP of any unauthorized use of your password or account or any other breach of security;
e) Maintain only one personal registration with BP;
f) Be fully responsible for all use of your account, any information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (collectively “Content”) contributed and for any actions that take place using your account;
Additionally, you agree not to select, create or use:
g) A username, profile or email address with the intent to impersonate another person or entity;
h) A username, profile or email address subject to the rights of any person other than you without authorization;
i) A username or profile in violation of intellectual property rights of any person or entity; and/or
j) A username or profile that BP, at its sole discretion, deems offensive.
The right to use the Services is personal to you and is not transferable by assignment, sublicense, or any other method to any other persons or entities. If information provided by you is untrue, inaccurate, not current or incomplete, or BP has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or if you do not meet any of (c) to (g) above, BP has the right to suspend, withhold or terminate your account and refuse any or all current or future use of the Services (or any portion thereof).
3. TERM & TERMINATION
This Agreement will remain valid and in effect during your use of the Services and/or are a registered member. You may terminate your membership for any reason, at any time by contacting BP with your user details and request through the contact form.
You agree that BP may, under any reasons and without prior notice, immediately suspend, withhold and/or terminate your BP account, any associated files and Content, and access to the Services. Reasons for a suspension, withholding or termination may include, in addition to those explicitly addressed throughout this Agreement, but not limited to:
(a) Breaches or violations of the Terms of Service or other incorporated agreements, terms and conditions or guidelines made in addition to this Agreement;
(b) Requests by law enforcement or other government agencies;
(c) Requests by you (self-initiated account deletions);
(d) Discontinuance or material modification to the Services (or any part thereof);
(e) Unexpected technical, administrative or security issues or problems;
(f) Extended periods of inactivity; and/or
(g) Engagement by you in fraudulent or illegal activities;
Further, you agree that all suspensions, withholdings and/or terminations shall be made in BP's sole discretion and that BP and Affiliates shall not be liable to you or any third party for any suspension, withholding and/or termination of your account, any associated files and Content, or access to the Services.
All provisions of this Agreement, except for any licenses granted to you, survive any suspension, withholding or termination of your account.
4. NATURE OF SERVICES
BP provides you with delayed and real-time financial market information, which may include but not limited to, stock quotes, market news, and other company information that may be provided by external data providers or that of other members, as well as analysis of the information using BP proprietary processes. Member specific services includes various publishing and community features, including but not limited to the capability to post information through the Services, participate in web-based discussions and interact with other BP members. BP provides members with virtual portfolios and allows members to perform virtual transactions of real-life securities in a simulated market environment. Members are also able to actively participate in community features, including voting, commenting on and/or contributing to other members’ generated Content. Some of the Services are free of charge; others may require payment or subscriptions and/or may include certain requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Users implement the options, if any.
All member Content displayed in the form of a web log, forecast, forum, virtual trade, message, discussion board, or any other means to share Content through the Services are solely the opinions of the contributors of the Content, and do not in any way reflect the opinions of BP, Affiliates or that of any other member. Further, virtual portfolio transactions are simulated transactions only, and do not represent actual ownership and/or actual trading of the corresponding securities. Any information displayed through the Services are for discussion and informational purposes only and although BP will make all reasonable efforts to ensure that content from data providers are accurate at the time of inclusion, there may be inadvertent and occasional errors. BP, Affiliates and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services.
Information displayed through the Services are not intended in any way as an advice, a reliance or a recommendation and should not replace the due diligence process that every member should undertake before making an investment decision. BP and Affiliates are neither investment advisory service providers nor investment advisors, and do not purport to say to, or suggest to what securities to transact. Neither BP, Affiliates, any persons under their employment, contracted by, or managed by, licensors or other entities affiliated with BP are responsible or liable for any trading or investment decisions based on such information displayed on the Sites and through the Services. BP advises that you always consult an authorized financial professional to verify the accuracy of stock prices and any other related information rather than relying on any information on the Sites and the Services.
BP reserves the right at any time and from time to time to modify, limit or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that BP and Affiliates shall not be liable to you or any third party for any modification, suspension or discontinuance.
5. PROPRIETARY RIGHTS & OWNERSHIP
You acknowledge and agree that the Services and any necessary software and application used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by BP or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part.
BP grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by BP for use in accessing the Services.
All contributed Content contained within the Sites and through the Services are by natural right the property of the contributing member. While BP strives to present accurate and useful information, BP makes no guarantee of the accuracy, truthfulness, intent or completeness of member contributed Content. Unless otherwise stated for specific services, you shall retain copyright ownership and all related rights to the Content you contribute on the Sites or through the Services. However, you agree to grant BP the world-wide, irrevocable, royalty-free, indefinite, and non-exclusive right and license, but not the ownership, to reproduce, modify, publish, and use for any other reasons that BP chooses, your Content. You agree not to modify, reproduce, duplicate, copy, transmit, republish, sell, license, trade, resell, create derivative works from, transfer, unrightfully claim ownership or exploit for any commercial purposes, all or any portion of other member contributed Content without their express consent.
Additionally, through continued development of Internet technology, you agree to have your Content copied, distributed, used and displayed through RSS aggregators, search engines optimizers, and any future related distribution technology.
You acknowledge and agree that data provided to you by BP proprietary processes and that other market data provided is the property of BP, the various data-source providers and exchanges, respectively, and therefore subject to modifications from BP and these sources and to all copyright and other interests maintained by BP and the sources.
6. CONTENT RESPONSIBILITY & CONDUCT
You acknowledge and agree that BP neither endorses your contributed Content or communications or that from any other member, nor does BP pre-screen or assume liability and responsibility for any threatening, libelous, obscene, harassing or offensive material contributed by you, or those contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby. You are solely responsible and agree to accept responsibility for all contributed Content on the Sites and through the Services.
By use of the Services you agree not to engage in or contribute threatening, libelous, obscene, harassing or offensive information, and that contributed are not for the purpose of deceiving, cheating, leading, generating false intentions or carrying out of illegal acts. You agree to comply with all applicable local, state, national and/or international laws and regulations, not to interfere or disrupt networks connected to the Services, comply with all regulations, policies and procedures of networks connected to the Services. You further agree, represent and warrant that you will not:
a) upload, post or transmit any Content that infringes any patent, trademark, trade secret, insider information, copyright, rights of privacy or publicity, or any other proprietary or non-public material information;
b) upload, post or transmit unsolicited commercial email or “spam” (including, but not limited to, unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as i) mass emailing recipients, ii) promoting of a site, service or product not affiliated with or authorized by BP, and iii) advertising of a site, service or product through submissions on public web logs, forums, threads or any other communication means);
c) upload, post, transmit or otherwise make available any Content as mentioned above, or in addition unlawful, harmful, inappropriate, abusive, tortuous, defamatory, pornographic, obscene, hateful, racially, ethnically, or otherwise discriminatory and invasive to another member;
d) upload, post or transmit any Content 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;
e) support or provide resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any person, entity or parties designated by the government of the United States as a criminal or a terrorist organization pursuant to section 219 of the Immigration and Nationality Act, or any designations by the government of the country or region in which you reside;
f) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the United States Securities and Exchange Commission, the Ontario Securities Commission, any rules of any national or other securities exchange, including without limitation the New York Stock Exchange, the American Stock Exchange, the NASDAQ or the Toronto Stock Exchange, and any regulations having the force of law;
g) harm any minors in any way;
h) collect or store personal data about other users of the Services;
i) use the Services to solicit users to participate in or use services that compete with the Services;
j) use web logs, forums, threads or any other communications medium to forward service to another website; and/or
k) use the Services in bad faith.
In accordance with the Termination clause, you agree that any breaches of or in combination of, but not limited to, (a) to (i), BP reserves the right to suspend, withhold and/or terminate your account.
7. PRIVACY POLICY
Your personal information and certain other information about you are subject to our Privacy Policy, which are incorporated into this Agreement by reference. BP does not bear any liability and responsibility for any actions or policies of third parties. You should also be aware that when you voluntarily disclose personal information in your contributed Content, that information can be collected and used by others and may result in unsolicited messages from other members or third parties.
Your personal information and certain other information about you are subject to our Privacy Policy, which are incorporated into this Agreement by reference. BP does not bear any liability and responsibility for any actions or policies of third parties. You should also be aware that when you voluntarily disclose personal information in your contributed Content, that information can be collected and used by others and may result in unsolicited messages from other members or third parties.
8. STORAGE
BP assumes no responsibility for the deletion or failure to store information entered through the Services.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States, Canada, the Special Administrative Region of Hong Kong or the country and region in which you reside.
10. TRADEMARKS
The Duedee Logo, Duedee and Design, Duedee.com, Duedee.ca, Duedee.com.cn, Duedee.cn, Duedee.com.hk, Duedee.hk, www.duedee.com, www.duedee.ca, www.duedee.com.cn, www.duedee.cn, www.duedee.com.hk, www.duedee.hk, and other Duedee logos, graphics, products and services names are trademarks of BP Networks, Incorporated, and may not be used without the prior express written consent of the Company.
11. EQUIPMENT & ACCESS
You agree to be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Internet in order to access the Sites and the Services, and shall further be responsible for all charges related thereto.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY AGREE THAT USE OF THE FORUMS AND THE SITES ARE AT YOUR SOLE RISK. NEITHER BP AND AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THE SERVICS WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH THE SERVICES OR THE FORUMS.
B. THE SERVICES AND THE FORUMS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT BP IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS OF FORUMS AND THAT RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH YOU.
D. IN NO EVENT WILL BP OR ANY PERSONS OR ENTITIES INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR TRADING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR OUT OF THE BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SERVICES AND THE FORUMS.
E. BP NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SERVICES AND FORUMS, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE FORUMS BY ANYONE OTHER THAN AUTHORIZED BP EMPLOYEE SPOKESPERSONS WHILE ACTING IN THEIR OFFICIAL CAPACITIES. UNDER NO CIRCUMSTANCES WILL BP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SERVICES AND/OR ANY POSTING ON THE FORUMS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE SITES AND/OR THE FORUMS. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, OPINION, ADVICE, OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO FINANCIAL, BUSINESS, ECONOMIC NEWS, OPINION, ADVICE, OR OTHER CONTENT.
F. BP DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SITES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
G. YOU SPECIFICALLY ACKNOWLEDGE THAT IN NO EVENT WILL BP AND AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY YOU OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICES.
H. YOU AGREE THAT THE LIABILITY OF BP AND AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THE SERVICES OR THE INFORMATION ON THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID TO BP, FOR USE OF THE WEB. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
13. INDEMNIFICATION
You agree to indemnify and hold BP and Affiliates, their employees, officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of the Services or from your violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and your use of the Services.
14. LINKS TO THIRD-PARTY SITES
The Sites and the Services may contain hyperlinks to other domains operated by parties other than BP, and other resources and advertisers. Such hyperlinks are provided for your reference only. BP is not responsible for the availability of these external sites, nor is it responsible for any of the content, advertising, products, or other materials on such external sites. BP’s inclusion of hyperlinks to such domains does not imply any endorsement of the material on such domains or any association with their operators. Under no circumstances shall BP be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external domains. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.
15. MISCELLANEOUS
This Agreement and any operating rules for the Sites and the Services established by BP constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. You agree to submit to the personal and exclusive jurisdiction of the Special Administrative Region of Hong Kong, and that this Agreement and the relationship between you and BP shall be governed by and construed in accordance with the laws of the Special Administrative Region of Hong Kong, without regard to its conflict of laws or regulations. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
If any provisions of this Agreement or incorporated documents are found by a court of competent jurisdiction to be invalid or unenforceable, you and the parties agree that the court shall endeavor to give effect to the intentions as reflected in such provision to the maximum extent permitted by law, and the other provisions of this Agreement remain in full force.
The failure of BP to exercise or enforce any right or provision of this Agreement or any additional agreements thereto at any time shall not constitute a waiver of such right or provision in the future.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within a statute of limitation of one (1) year after such claim or cause of action arose or be forever barred.
Neither BP, Affiliates, any third party data provider nor any of their respective agents shall be liable in any way whatsoever under any theory of claim of law or in equity for or due to any act or circumstances beyond their reasonable control, including but not limited to acts of God, power failures, equipment and software malfunctions, war, terrorism, fire, earthquake, floods or other natural disasters, internet interruption or failure, organized labor strikes, or new government regulations and laws, even if such party has been advised of the possibility of such damages.