Terms of Use

IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.

Acceptance of Terms of Use

Blacksmith PTE, LTD owns and operates The Daily Bell, an Internet service located at www.TheDailyBell.com (the “Website”). Blacksmith PTE, LTD is dedicated to providing visitors to the Website with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users.

This Terms of Use Agreement (this “Agreement”) states the terms and conditions under which you may access and use the Website. By accessing and using the Website you are indicating your acceptance to be bound by the terms and conditions of this Agreement. If you are a minor, your parent or legal guardian has read and agreed to this Agreement on your behalf.

IF YOU DO NOT ACCEPT OR ARE DISSATISFIED WITH THE TERMS, CONDITIONS, RULES, POLICIES, GUIDELINES OR PRACTICES OF BLACKSMITH PTE, LTD OPERATING THE WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO EXIT THE WEBSITE.

Blacksmith PTE, LTD may revise this Agreement at any time by updating this posting. Use of the Website after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement.

This Agreement was last updated on March 4, 2016.

Ownership

All of the information, materials, content, services and software displayed on, transmitted through, or used in connection with the Website regardless of form, including without limitation, news articles, research and special reports, text, photographs, images, illustrations, audio clips, video clips, computer software, code, trademarks, and marks (collectively, the “Content”), including the collective work and/or compilation, selection and arrangement of the aforementioned and the “look and feel” of the Website, are protected under copyright, trademark or other laws, and Blacksmith PTE, LTD. (subject to the rights of Blacksmith PTE, LTD’s licensors and licensees under applicable agreements, understandings and arrangements) have all rights therein. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website.

The Website often uses images licensed from Getty Images. Wikipedia may be utilized for source material in developing the resources section of the Website. To request permission to reprint such material, please contact the author or creator directly.

Blacksmith PTE, LTD. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on the Website, please let us know by contacting the Service Contact below.

ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE WEBSITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF BLACKSMITH PTE, LTD..

Permitted Use

Solely for your personal and non-commercial use, you may use the Content online and download or print a single copy of any portion of the Content, provided you do not remove any trademark, copyright or other notice contained in such Content. No other use is permitted unless otherwise expressly permitted by Blacksmith PTE, LTD. Permission is granted to repost selections from material published at TheDailyBell.com only with proper attribution, including a link to the original URL.

Subscription

Blacksmith PTE, LTD respects your privacy and may use the information you provide to Blacksmith PTE, LTD/ The Daily Bell according to The Daily Bell’s Privacy Policy.

By providing Blacksmith PTE, LTD with your email address, you consent to Blacksmith PTE, LTD using the email address to send you information, especially publishing or subscription information, advertisements, changes to features of the Website, special offers, and website-related notices, including any notices required by law, in lieu of communication by postal mail. If you do not want to receive such email messages, you may opt out by following the instructions at the end of every email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers. We do not send unsolicited email. If you believe we may have done so in error, please let us know by contacting the Service Contact below.

User-Generated Content

Blacksmith PTE, LTD wishes to give users an interesting and stimulating forum to express their opinions and share their ideas and information. Therefore, the Website may provide features that allow you to post messages, submit articles, provide information and other content (regardless of the form or medium with respect to such content, whether text, videos, photographs, audio or otherwise) and to interact with Blacksmith PTE, LTD/ The Daily Bell and other users (collectively, “User Content”).

With the exception of personal information, you hereby grant to Blacksmith PTE, LTD the perpetual, unlimited, royalty-free, worldwide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any User Content you provide on or through the Website or which is sent to Blacksmith PTE, LTD by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Such license will apply with respect to any form, media or technology now known or later developed. Blacksmith PTE, LTD shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Blacksmith PTE, LTD in writing or required by law. By providing User Content you represent and warrant that you have the right to grant the license set out above.

In addition and without limiting the foregoing, you hereby:

  1. agree to waive all moral rights in any User Content in favour of Blacksmith PTE, LTD;
  2. consent to your name, address and e-mail appearing as the contributor of any User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a User Content;
  3. acknowledge and agree that Blacksmith PTE, LTD is not responsible for any loss, damage, or corruption that may occur to your User Contents;
  4. acknowledge and agree that any User Content you provide for display on the Website will be considered non-confidential;
  5. affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such User Content to enable inclusion and use of such User Content in the manner contemplated by Blacksmith PTE, LTD and this Agreement;
  6. affirm, represent, and/or warrant that you have the written consent, release, and/or permission of each and every identifiable individual person in such User Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such User Content in the manner contemplated by Blacksmith PTE, LTD and this Agreement; and
  7. agree that you are not under Blacksmith PTE, LTD’s direction or control and that you cannot hold yourself out as Blacksmith PTE, LTD’s agent or representative or attempt to bind Blacksmith PTE, LTD to any obligations.

Posting Rules

Any features of the Website that allow users to provide User Content are intended to encourage freedom of speech, a marketplace of ideas and public discussion. Therefore, it is a condition of your use of the Website and provision of User Content that you observe the rules of etiquette and that you do not:

  1. restrict or inhibit any other user from using and enjoying the Website,
  2. interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Blacksmith PTE, LTD imposes an unreasonable or disproportionately large load on Website’s infrastructure;
  3. knowingly impersonate any person;
  4. post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any User Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
  5. post or transmit any User Content, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
  6. post or transmit any User Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;
  7. post or submit any User Content which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  8. post or transmit any User Content which contains a virus or other harmful component, or provides or creates computer viruses;
  9. promote, discuss or otherwise debate, positively or negatively, the specific investment merits of any particular security or investment idea;
  10. post or transmit junk mail, chain letters, unsolicited mass mailing or spam;
  11. use the Website for commercial purposes, including, without limitation, posting or transmitting any User Content which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
  12. use the Website for self-promotional purposes by posting User Content that contains links to User’s own website or contact information for User’s business.

Blacksmith PTE, LTD may review User Content before it is posted. Blacksmith PTE, LTD may refuse to post in the Website any User Content. Blacksmith PTE, LTD reserves the right, in its sole discretion, to edit or remove any User Content, whether or not it is in violation of the provisions hereof or otherwise objectionable. You acknowledge and agree that Blacksmith PTE, LTD may, in its sole discretion, monitor the Website periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Website properly or to protect itself or other users of the Website. Any such disclosure shall be in accordance with Blacksmith PTE, LTD/The Daily Bell’s Privacy Policy.

Blacksmith PTE, LTD is not responsible for the content of any User Content. User Contents represent the views and opinions of the person(s) posting each User Content and do not represent the views or opinions of Blacksmith PTE, LTD.

While Blacksmith PTE, LTD is under no obligation to investigate any complaint regarding any User Content, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party’s right to access and use the Website (or any portion thereof).

You may use a pseudonym to provide User Content. However, in the event that you require a direct response from Blacksmith PTE, LTD/The Daily Bell, you must provide your true identity and contact information including your telephone number (which must not be a fax number). Blacksmith PTE, LTD reserves the right to verify such information before any response will be generated.

Communications with Third Parties through the Website

Your dealings or communications through the Website with any party other than Blacksmith PTE, LTD/the Daily Bell are solely between you and that third party. For example, certain areas of the Website may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by Blacksmith PTE, LTD’s third-party partners and vendors. Under no circumstances will Blacksmith PTE, LTD be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party’s policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.

Content Feeds

Blacksmith PTE, LTD may provide content feeds on or through the Website including but not limited to, a selection of headlines, summaries or text blurbs, links to full stories, links to audio/video streams, which are available to users in various formats such as HTML, Really Simple Syndication, other XML (eXtensible Markup Language) technology, or other syndication technology (collectively, the “Content Feeds”).

The Content Feeds are available for personal, non-commercial use. You may display, excerpt from, and link to the Content Feeds on your personal Website, weblog, or similar application for personal, non-commercial purposes, provided that:

  1. the links redirect the user to the Website when the user clicks on them,
  2. you do not insert any intermediate page, splash page or other content between the links and the applicable Website page,
  3. the use or display does not suggest that Blacksmith PTE, LTD promotes or endorses any third party causes, ideas, websites, products or services,
  4. the fundamental meaning of the content contained in the Content Feeds, including the headlines and summaries, is not changed or distorted, and
  5. you do not modify the stories or other content that are linked to by the Content Feeds.

If you display an entire Content Feed on your personal Website, weblog or similar application, you may not redistribute the Content Feed, and you must provide attribution to Blacksmith PTE, LTD by including “The Daily Bell © Copyright 2016. All Rights Reserved. Blacksmith PTE, LTD” in text adjacent to the Content Feed. Any other use of Blacksmith PTE, LTD trademarks or service marks or of the Content Feeds requires the prior written permission of Blacksmith PTE, LTD.

For commercial use of The Daily Bell’s content feeds and for permission requests, please e-mail the Service Contact.

You agree to remove any link to the Website and/or access to a Content Feed upon the request of Blacksmith PTE, LTD.

Linking

The Website may contain links to other sites. Blacksmith PTE, LTD does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when you access such sites, you are doing so at your own risk. In providing links to the other sites, Blacksmith PTE, LTD is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Blacksmith PTE, LTD is affiliated or associated with the same. BLACKSMITH PTE, LTD DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND ON, OTHER WEBSITES. The mention of another party or its product or service on the Website should not be construed as an endorsement of that party or its product or service, unless expressly stated otherwise.

Limitation of Liability and Disclaimers, Disclaimers and Disclosures

THE WEBSITE AND ITS CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO PROVIDE OR SUBSTITUTE ANY KIND OF LEGAL, ACCOUNTING, TAX, INVESTMENT, FINANCIAL, MEDICAL OR OTHER ADVICE TO YOU. YOU SHOULD NOT ACT OR RELY UPON THE INFORMATION TO PROVIDE ANY SUCH ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL.

The opinions expressed and information in all User Content and third party materials reflect those, and is the sole responsibility, of the person making the statement and not Blacksmith PTE, LTD. Blacksmith PTE, LTD assumes no obligation with respect to such materials.

BLACKSMITH PTE, LTD, PERSONS AFFILIATED WITH OR RELATED TO BLACKSMITH PTE, LTD MAY (I) HAVE A FINANCIAL INTEREST IN THE COMPANIES INTRODUCED, PRESENTED OR DISCUSSED ON THE WEBSITE OR IN ANY CONTENT AND/OR (II) HAVE BEEN OR MAY IN THE FUTURE BE RETAINED BY SUCH COMPANIES TO PROVIDE SERVICES IN EXCHANGE FOR COMPENSATION.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THE WEBSITE OR MADE AVAILABLE THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE WEBSITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. YOUR USE OF THE WEBSITE AND THE CONTENT IS AT YOUR OWN RISK AND BLACKSMITH PTE, LTD ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION.

IN NO EVENT WILL BLACKSMITH PTE, LTD, ITS AFFILIATES, SUBSIDIARIES, AGENTS, LICENSORS, SUPPLIERS, CONTRACTORS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (COLLECTIVELY “BLACKSMITH PTE, LTD PARTIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED AND IN ANY WAY RELATED TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF BLACKSMITH PTE, LTD OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL BLACKSMITH PTE, LTD PARTIES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THE WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF BLACKSMITH PTE, LTD, EVEN IF BLACKSMITH PTE, LTD OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO CASE WILL BLACKSMITH PTE, LTD PARTIES’ CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN ONE HUNDRED US DOLLARS (USD$100) EVEN IF BLACKSMITH PTE, LTD OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

BLACKSMITH PTE, LTD ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. BLACKSMITH PTE, LTD IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. BLACKSMITH PTE, LTD DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

Indemnity

You agree to defend, indemnify and hold harmless Blacksmith PTE, LTD Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from: (i) your use of and access to the Website, including any data or content transmitted or received by you; (ii) your violation of any provision of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account or email address.

Termination

Blacksmith PTE, LTD may terminate your right to access and use the Website, or any part of the Website, at any time, without notice, in its sole discretion and without cause.

In this Agreement, the disclaimers, limitations on liability, ownership, termination, interpretation, your license to Blacksmith PTE, LTD, your warranty, the indemnity provisions, and all other provisions for which survival is equitable or appropriate, shall survive the termination or expiry of this Agreement.

Governing Law and Jurisdiction

By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of Liechtenstein, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.

General

This Agreement as it may be amended from time to time in accordance with the provisions of this Agreement, and any and all other legal notices and policies on the Website, constitute the entire agreement between you and Blacksmith PTE, LTD with respect to the use of the Website and the Content.

Any failure of Blacksmith PTE, LTD to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.

Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.

If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way.

This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties.

Blacksmith PTE, LTD may assign its rights and duties under this Agreement to any party at any time without notice to you. You may not assign or transfer this Agreement or any right or obligation hereunder.

You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.

Service Contact

Please contact customerservice@thedailybell.com (the “Service Contact”) with questions, feedback or problems with the Website.

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