Terms and Conditions

This page sets out the special Terms and Conditions for The UpDown. By using The UpDown service, you are agreeing to abide by these Terms and Conditions.

We may change these terms at any time but will post a notice in advance on this website of any material changes; your continued use of The UpDown and its Services means that you accept any new or modified terms and conditions. So please check back here from time-to-time.

What is The UpDown?

The UpDown is a community for people interested in investing in the stock market.

We provide a platform where investors can view, share, and rate high-quality stock analyses and investment ideas. We then filter, aggregate, rank, and present the community's investment recommendations for the benefit of all UpDown members looking for valuable investment advice.

What is the purpose of The UpDown?

The purpose of The UpDown is to allow members to maintain virtual portfolios, analyze stocks, and compare performance with other users. Furthermore, you can learn from other members and test your ideas or investment strategies. You should not assume that the opinions that people express on The Updown are the opinions of The UpDown or anything other than the opinions of the members expressing them.

When you look at other people's stock picks and analyses, you should consider that those people may have interests in the stocks that they're writing about. For example, some people may hope a company's stock will go up because they own many shares of it. When you review other members' stock picks and analyses, you should not assume that the prediction is unbiased or independent.

What is not the purpose of The UpDown?

Neither The UpDown Corp. nor employees of The UpDown are investment advisors. The purpose of this website is not to give any advice on your personal investment strategy. If you base your investment decisions on content of this website, you may lose part or all of your money.

You should not violate any other law or regulation, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges, especially including the rule against making false or misleading statements to manipulate the price of a security or the rule requiring you to disclose any compensation you may receive for describing a security.

You should not access The UpDown by any means other than through the interfaces we provide for use in accessing our services or use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, copy, or harvest data from any part of our sites, except those automated means that we have approved in advance and in writing.

The UpDown, in its sole discretion, reserves the right to remove any postings, or deny access by any individuals, for any reason or no reason.

If you see something that you feel is a violation of the The UpDown Terms and Conditions, please notify us by emailing contact@updown.com.

We reserve the right to change the Terms and Conditions at any time. Changes will be posted on the applicable web page.

Registration

Members may only maintain one active registration with The UpDown. By accepting this agreement, you certify that you personally have no other registration with The UpDown.

Each member of The UpDown may select his or her own screen name. By becoming a member, individuals agree to have their screen name, portfolio performance, and stock analyses displayed on the site where The UpDown deems appropriate. Individuals desiring to become members must agree to be profiled both on and off the site. Members may not use any trademarked item in their fund names or screen names.

If you register, you agree to provide The UpDown with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms and Conditions, which may result in immediate termination of your account. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person. The UpDown reserves the right to refuse registration of, or cancel a user name in its discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user name and password. Any user name and password provided to you for your access to the service shall be for your personal use only.

Intellectual Property

All of the content on our websites and any service we provide is protected by U.S. and international copyright laws and is the property of The UpDown and/or providers of the content under license. By "content" we mean any information, mode of expression, or other materials and services found on The UpDown. This includes portfolios, stock analyses, software, our writings, graphics, entries and ratings, and any and all other features. Any copying, distribution, storing, or transmission of any kind, or any commercial use of our Content is prohibited without The UpDown's prior explicit, written permission. That means you may not sell, auction, transfer or barter your subscription or any individual publication. You may also not republish, post, transmit or distribute the Content to on-line bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our explicit consent. You further agree not to create abstracts from or scrape our content for use on another website or service.

By posting content on The UpDown, you agree to and hereby do grant, and you represent and warrant that you have the right to grant The UpDown an irrevocable, perpetual, non-exclusive, royalty-free, fully sub licensable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such posted content and to prepare derivative works of, or incorporate into other works, such posted content.

Services (incl. Portfolios and Analyses)

The UpDown may, from time to time, and at its sole discretion, offer its members financial rewards based on their activities on The UpDown. Any such reward program comes with no contractual obligations whatsoever on behalf of any party and is purely a voluntary promotional reward that The UpDown may decide, at its sole discretion, to offer to or withhold from certain users, and users will be free to accept or decline as they see fit. The criteria for selection may be changed at any time without notice. Members who fail to abide by The UpDown's rules, fail to follow instructions from staff members, or otherwise engage in behavior that would reflect poorly on the reputation of The UpDown may be, at The UpDown's sole discretion, disqualified from financial rewards and/or banned from the site without prior notice. All applicable taxes, if any, that may result from members choosing to accept financial rewards from The UpDown are the sole responsibility of the members.

Information on The UpDown is provided 'as is'. Some market data is provided for informational purposes only and is not intended for trading purposes. Quotes and calculated performances are delayed. The UpDown provides stock quotes and calculated performances solely for informational purposes and does not guarantee the accuracy of the information provided. The UpDown shall not be liable for any errors or delays in content, or for any actions taken or not taken in reliance thereon.

The UpDown reserves the right to modify these rules or terminate any program, feature, portfolio, report, site, offering or service at any time, and at its sole discretion, without prior notice.

Conduct

You may not or allow others to:

Disclaimer of Warranties and Liabilities

We can't and we don't warrant the completeness or accuracy of the Content found in our Services or its usefulness for any particular purpose.

The UpDown makes no promises that our content or any of the services will be delivered to you uninterrupted, timely, secure or error-free.

Under no circumstances will The UpDown, its employees or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages. This includes, but is in no way limited to, loss or injury caused in whole or in part by our negligence or by anything beyond our control in creating or delivering any of our services.

You are hereby agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that The UpDown, its directors, its employees and its agents will not be liable for any investment decision made or action taken by you and others based upon reliance on news, information, opinion or any other material published through our services. The UpDown does not take responsibility, or make any claims or representations, for the accuracy, completeness, or even the truth of every bit of data, information, and opinion provided through our services.

NEITHER THE UPDOWN NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS AND ANY ERRORS WILL BE IMMEDATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES, YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERIVCES AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABLITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Other

If any provision in this Agreement is found to be invalid, unenforceable, or nonsensical, the remaining provisions will continue in full force and effect. This Agreement is and always will be governed by the laws of the United States of America and the State of Delaware.

Our services are directed at a U.S. audience. We can not warrant that the Services are appropriate for users outside the United States or that use of the Services is permitted under the laws of other jurisdictions. All personal data are maintained in the United States under the terms of our Privacy Policy.