STONKS TERMS OF SERVICE
Effective as of October 16th, 2020
Welcome to Stonks! The website stonksapp.com (the “Website
”) and our mobile device application (the “App
”) allows users to compare their investments with those of others and to chat about investing. All information, tools and services (the “Services
”) available from the Website and the App and provided to you, the user, is operated by Roundhill Financial Inc. (“Roundhill
,” or “our
These Terms of Service (as amended from time to time, these "Terms of Service
") govern your access to and use of the Services and constitute an agreement between Roundhill and you. These Terms of Service take effect when you first click "I Accept", "Join", or any similar button or check box presented with these terms, or, if earlier, when you first use any Service.
Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of the Services, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of the Services.
Any new features or tools which are added to the current Services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
NO INVESTMENT OR FINANCIAL ADVICE
Roundhill is registered as an investment adviser (an “RIA
”) with the United States Securities and Exchange Commission. As an RIA, Roundhill may sponsor, manage, advise or otherwise have an economic interest in certain investment products that are held by users of the Website or App and that, as a result, appear in the Website or App. Roundhill does not receive a direct economic benefit merely by having its investment products shown in the App or on the Website.
Nothing contained in, featured by, or otherwise shown in the App or on the Website, whether created by Roundhill, representatives of Roundhill as users of the Website or App, or by users unrelated to Roundhill, is intended to be or shall be construed as investment advice, a recommendation to buy or sell securities, or an offer or sale of or a solicitation of an offer or sale of any securities in any jurisdiction where such offer, solicitation, purchase or sale would be unlawful under the laws of such jurisdiction.
ROUNDHILL DOES NOT PROVIDE LEGAL, TAX, FINANCIAL OR INVESTMENT ADVICE THROUGH THE WEBSITE OR THE APP. ROUNDHILL IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR. USERS OF THE WEBSITE AND THE APP HAVE NO INVESTMENT ADVISORY RELATIONSHIP WITH ROUNDHILL SOLELY AS A RESULT OF USING THE WEBSITE OR THE APP.
ROUNDHILL OWES NO FIDUCIARY DUTIES TO YOU. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER ANY INVESTMENT, INVESTMENT STRATEGY, SECURITY OR TRANSACTION IS APPROPRIATE FOR YOU BASED ON YOUR PERSONAL INVESTMENT OBJECTIVES, FINANCIAL CIRCUMSTANCES, AND RISK TOLERANCE. IF YOU ARE SEEKING WEALTH PLANNING, FINANCIAL, RETIREMENT, TAX, OR OTHER ADVICE TAILORED TO YOUR INDIVIDUAL FINANCIAL SITUATION AND LEVEL OF INVESTMENT SOPHISTICATION, YOU ARE STRONGLY ENCOURAGED TO SEEK SUCH ADVICE FROM A LICENSED LEGAL, INVESTMENT, FINANCIAL, OR TAX PROFESSIONAL IN YOUR LOCAL JURISDICTION. BY USING THE WEBSITE OR THE APP, YOU AGREE THAT YOU WILL BEAR ANY AND ALL RISK OF RELIANCE ON THE INFORMATION PROVIDED THEREIN.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
By agreeing to these Terms of Service, you represent that you are at least eighteen (18) years of age or the age of majority in your jurisdiction of residence, if greater than eighteen. Any registration by, use of or access to the Services by anyone under 18, is unauthorized and in violation of these Terms of Service. By using the Services, you represent and warrant that you are 18 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.
We reserve the right to refuse service to anyone for any reason at any time.
In order to use the Services, you will be required to provide information about yourself including your name, email address, username and password, and other personal information to create an account (the “Account
. You agree that any registration information you give to Roundhill will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Services, violate any laws in your jurisdiction.
You are responsible for all use of your Account and for any actions that take place using your Account. You shall use commercially reasonable efforts to prevent unauthorized access to or use of the Service and notify Roundhill promptly of any such unauthorized access or use. You agree to use the Services only in accordance with these Terms of Service and applicable laws and government regulations. You agree not to give or make available your username or password or other means to access your Account to any unauthorized individuals. You remain at all times responsible for all access to the Services via your designated username and password, even if not authorized by you. If you believe that your password or other means to access your Account has been lost or stolen or that an unauthorized person has or may attempt to use the Services, you must immediately notify Roundhill at firstname.lastname@example.org
USE OF SERVICES
Subject to these Terms of Service, Roundhill hereby grants you a personal, limited, non-exclusive, nontransferable license to access and use the Services, including the software that enables the Services, together with any updates, bug fixes, help content, and other related materials that Roundhill provides to you (collectively, the “Software
”) during the term of this Agreement.
The Services and the Software made available to you by Roundhill are licensed, not sold, to you. Subject to these Terms of Service, Roundhill grants the User a personal, worldwide, royalty-free, non-exclusive, non-transferable, limited and revocable license to use the Services for personal use only (“User License
”). You may not copy, modify, distribute, sell, or lease any part of the Services or Software, nor may you reverse engineer or attempt to extract the source code of the Software, unless laws prohibit those restrictions or you have Roundhill’s written permission to do so. Any use of the Services by the user in any other manner, including, without limitation, resale, transfer, modification or distribution of the Services or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Services (“Content
”) is prohibited, except that the sharing (including without limitation by posting on social media) of images of Content that includes Content from User and that does not violate third-party rights is permitted. These Terms of Service also govern any updates to, or supplements or replacements for, any of Roundhill’s existing or future application made available to you, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
By submitting Content you grant Roundhill a non-exclusive, non-transferable (except to Roundhill’s affiliates and sub-suppliers), royalty-free limited license to store, copy (including the right to make temporary cache and storage copies), modify, reformat, excerpt, analyze, use to create algorithms and binary representations, and otherwise use those files in connection with the Services. Roundhill is responsible for the organization of the Content you deliver to Roundhill and has sole editorial control in respect of your Content on the Services. Roundhill has the sole right and decision-making authority with respect to the design, appearance, functionality, hosting, performance, and maintenance of the Services, including but not limited to the Website, the App and other Services. Except for the licenses granted above, all of your intellectual property rights in the works and Content you provide remain with you.
You agree to provide such cooperation to Roundhill as Roundhill may reasonably request to resolve technical and other issues relating to the intake, encoding, prioritization, utilization, and maintenance of your Content and the generation by Roundhill of identifier files unique to your Content to ensure the proper functioning and scaling of the Services.
Permitted use of the Services is limited to its contemplated functionality. You represent, warrant and agree that no materials of any kind submitted through your Account or otherwise posted, transmitted, or shared by you through the Services will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory, obscene or otherwise unlawful material. To the extent that you provide third-party materials for publication through the Services, you represent and warrant that you have the right to place such third-party materials for publication through the Services. You may not use Content from the Services unless you obtain permission from the owner of such Content or are otherwise permitted by law.
In addition, neither the Services or the Software shall be used in any way that, is unlawful, fraudulent, deceptive, or invasive of privacy or publicity rights; uses technology or other means to access unauthorized content or non-public spaces; attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; attempts to damage, disable, overburden, or impair Roundhill’s servers or networks, or the proper operation or appearance of the Services; violates the terms of the Agreement in any manner; or fails to comply with applicable third-party terms and conditions or other third-party policies. You may not, nor allow anyone to, use the Services (a) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; to submit false or misleading information; or to spam, phish, pharm, pretext, spider, crawl, or scrape or otherwise collect or track the personal information of others.
SUSPENSION OF SERVICE
Roundhill reserves the right, in its sole discretion, to suspend or terminate any User License, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to use of the Services that Roundhill reasonably believes is or might be in violation of these Terms of Service or while Roundhill is investigating suspected misconduct, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce the terms herein.
We reserve the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, any feature associated with the Services, including, but not limited to, maintenance, repairs or installation of upgrades, and shall strive to provide reasonable notice prior to any such suspension, with or without notice. Continued use of the Services following any modification constitutes your acceptance of such modification.
The Services including the Software is a valuable property and trade secret. The Services are protected by U.S. and international copyright laws and treaties, as well as other laws and treaties. Except for the non-exclusive license granted pursuant to this Agreement, you acknowledge and agree that all ownership, license, intellectual property and other rights and interests in and to the Services (including all Website and App Content) shall remain solely with Roundhill. The Software is licensed and not sold, and Roundhill retains all rights not expressly granted to you in this Agreement. This Agreement does not give you any rights in Roundhill's (or its licensors’) trademarks or service marks.
Your information, or any derivatives thereof, contained in any Roundhill repository (the “User Data
You agree to remove promptly upon Roundhill’s request any content or data from the Services that a third-party licensor requires Roundhill to remove or which may violate third party rights or applicable laws, and you agree that Roundhill may disable the Services if it fails to do so.
You represent, warrants and covenants that at all times you have the full right, license and authority to transmit any User Content and User Data containing any trademarked or copyrighted materials or images or other proprietary information of any third party over Roundhill’s systems in connection with your use of the Services. In addition to any other indemnity obligations of User hereunder, you shall indemnify, defend and hold Roundhill harmless from and against any and all Claims (hereinafter defined) of any third party relating to any allegation that third party content transmitted, reproduced, disseminated or stored by Roundhill in connection with the Services violated such third party’s rights.
The materials derived from use of these Services may be used in connection with your marketing and sales efforts with proper attribution to Roundhill.
Our lawful ground of processing your personal data to send you marketing communications is either your consent or our legitimate interests (namely to grow our business).
You can ask us or third parties to stop sending you marketing messages at any time by following the opt-out links at the bottom of any marketing message sent to you OR by emailing us at email@example.com
at any time.
If you opt out of receiving marketing communications this opt-out does not apply to personal data provided as a result of other transactions, such as purchases, warranty registrations etc.
You agree to hold all Roundhill’s Confidential Information in strict confidence and not to copy, reproduce, sell, transfer, or otherwise dispose of, give or disclose such Confidential Information to third parties other than employees, agents, or subcontractors of a party who have a need to know in connection with the Services or to use such Confidential Information for any purposes whatsoever other than the performance of the Services.
The term “Confidential Information
” shall mean all information and documentation of a party that: (a) has been marked "confidential" or with words of similar meaning, at the time of disclosure by such entity; (b) if disclosed orally or not marked "confidential" or with words of similar meaning, was subsequently summarized in writing by the disclosing entity and marked “confidential” or with words of similar meaning; (c) whether marked “Confidential” or not, consists of information and documentation included within any of the following categories: (i) customer, supplier, or contractor lists; (ii) customer, supplier, or contractor information; (iii) information regarding business plans (strategic and tactical) and operations (including performance); (iv) information regarding administrative, financial, or marketing activities; (v) pricing information; (vi) personnel information; (vii) products and/or and services offerings (including specifications and designs); or, (viii) processes (e.g., technical, logistical, and engineering); or, (d) any Confidential Information derived from information of a party. The term "Confidential Information" does not include any information or documentation that was: (A) already in the possession of the receiving entity without an obligation of confidentiality; (B) developed independently by the receiving entity, as demonstrated by the receiving entity, without violating the disclosing entity’s proprietary rights; (C) obtained from a source other than the disclosing entity without an obligation of confidentiality; or, (D) publicly available when received, or thereafter became publicly available (other than through any unauthorized disclosure by, through or on behalf of, the receiving entity).
CLAIMS OF COPYRIGHT INFRINGEMENT
Roundhill believes in the protection of the intellectual property of others and expects its users to do the same. The Digital Millennium Copyright Act of 1998 (the “DMCA
”) provides recourse for copyright owners who believe that material appearing on the Internet infringes upon their rights under U.S. copyright law. If you believe in good faith that any material available on or accessible through the Services infringes upon your copyright, then you (or your agent) may send Roundhill a notice requesting that the material be removed or its access be blocked from the Services. Similarly, if you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, then the DMCA permits you to send Roundhill a counter-notice. Notices and counter-notices and be sent to Roundhill, 575 5th Avenue, Fl. 14, New York, NY, 10017
, and must include the following information.
- a description of the copyrighted work that you claim has been infringed, including the URL (Internet address) or other specific location on the Services where the material you claim is infringed upon is located. Please include enough information to allow Roundhill to locate the material, and explain why you think an infringement has taken place;
- a description of the location where the original or an authorized copy of the copyrighted work exists – for example, the URL (Internet address) where it is posted or the name of the book in which it has been published;
- your address, telephone number, and e-mail 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;
- a statement by you, made under penalty of perjury, that the information in your notice if accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic of physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
Please note, notices and counter-notices must meet then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/
for details. We suggest that you consult your legal advisor before filing a notice or counter-notice.
OPTIONAL TOOLS; NEW TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
Certain content, products and services available via our Services may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Occasionally there may be information on our site or in the Services that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions. We undertake no obligation to update, amend or clarify information in the Service or on any related website except as required by law. No specified update or refresh date applied in the Services should be taken to indicate that all information in the Services or on any related website has been modified or updated.
We are not responsible if information made available on the Services is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
THIRD PARTY HOSTING
We contract with a third-party hosting provider to store the Content at such third-party hosting provider's offsite facilities. You hereby agree and acknowledge that Roundhill shall not be liable for any actions with respect to the loss of any Content, whether or not such loss of Content is caused by Roundhill or such third-party hosting provider.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
IN NO CASE SHALL ROUNDHILL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
This Section shall survive the termination of this Agreement.
You agree to indemnify, defend and hold harmless Roundhill and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
You may terminate the Services at any time by submitting an Account cancellation request through the Website or the App or by contacting Roundhill’s customer support, provided that all payments owed to Roundhill have been paid.
We may terminate this Agreement at any time for any reason upon notice to you, which may be delivered via email to your email address reflected in our records.
Roundhill may, in its sole discretion, permit you to continue accessing your Account data through the Services for a limited period of time after termination. Thereafter, Roundhill may destroy or otherwise dispose of any such data in its possession. Roundhill will invoice you for the cost of returning the data at Roundhill’s then-current rates.
ENTIRE AGREEMENT; SEVERABILITY
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to conflict of laws principles.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org