TradeInfluence software and services are designed to give you as much control and ownership over your social experience as possible and to encourage you to express yourself freely. However, be responsible in what you publish and use basic Internet safety procedures when posting. In particular, make sure that none of the prohibited items listed in the TradeInfluence Content Policy, appear on your profile or get linked to/from your squad (things like spam, malware, viruses, or illegal content or serious threats of violence.)
If you find content that is objectionable, then Unsubscribe, Block, Report or just swipe on by. TradeInfluence is an open, free and public commons where users respect the right to use free speech. Of course, you may find a violation of these Terms of Service as you traverse TradeInfluence, in which case please Report the content from the post menu or by email to [email protected].
These Terms govern your access to and use of the TradeInfluence social network, including https://www.tradeinfluence.com, and TradeInfluence mobile applications and any other online services (collectively, the “Services”) provided by us or our legal affiliates, including any content, functionality, features and applications offered on or through the Services to you as a guest or registered user of the Services (each, a “User”).
Please read these Terms carefully before you start to use our Services. By using any of the Services, you accept these Terms, which means that you are entering a legally binding contract with us. If you do not accept these Terms, or if you violate these Terms in any way, you may not be authorized to access or use the Services.
You understand that we may change these Terms from time to time in our sole discretion and in accordance with Section 21 below. It is your responsibility to periodically check these Terms posted so that you are aware of any changes, as they are binding on you.
2. Your TradeInfluence Username and Team
- If you create a squad on the TradeInfluence platform, you are responsible for maintaining the security of your squad, and you are fully and solely responsible for all activities that occur therein.
- TradeInfluence reserves the right to reclaim any username that has not been active for one year or longer, violates any terms or conditions of these Terms or that was created for the sole purpose to resell to a verified user with that same name (a.k.a. Cybersquatting squads.)
3. Responsibility of Registered Users
- You acknowledge that you are solely responsible for all activity that occurs through your squad or username and all of your activity on the TradeInfluence Network. You acknowledge that you are solely responsible for keeping your account information (including your access credentials) secret and secure. You shall not sell, rent, lease, lend, transfer, license or assign your account, credentials, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, TradeInfluence prohibits the creation of accounts on behalf of other persons or entities. Unless you are so authorized, you shall not create a TradeInfluence account on behalf of any other person or entity.
- You are solely responsible for your interaction with other Users of the Services, whether online or offline. You agree that TradeInfluence is not responsible or liable for the conduct of any User. TradeInfluence reserves the right, but has no obligation, to become involved in disputes between you and other Users.
- You shall not describe or assign keywords to your squad in a misleading or unlawful manner, including any manner which trades on the name or reputation of others. TradeInfluence reserves the right to change or remove any description or keyword that it considers unlawful or otherwise likely to cause TradeInfluence liability.
- You shall immediately notify TradeInfluence of any unauthorized uses of your username, account or channel, or of any other breaches of security by emailing [email protected].
- If you operate a squad, comment on a post, post material to TradeInfluence, post links or create (or allow any third party to create) or otherwise make material available by means of TradeInfluence, including any text, photo, video, audio, code or other work of authorship (any such material, “User Content”), you are entirely responsible for the content of, and any liability resulting from or relating to that User Content or your conduct.
- By using TradeInfluence, you represent and warrant that your User Content and conduct do not and will not violate these Terms (including our fication of these Terms of Service and all other operating rules, policies (including our Content Policy), infringe the rights of any other person or entity (including intellectual property rights and privacy rights), or violate any applicable law, rule, or regulation as detailed in section 26.
- By submitting User Content to TradeInfluence, you grant TradeInfluence a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, distribute, publish, process and adapt (each, a “Use”) your User Content for the purpose of providing the Services and promoting TradeInfluence and the Services, without any notice of, consent to or compensation for any such use, unless otherwise licensed by the User, through the Services.
- You grant other Users permission to share your User Content on other TradeInfluence squads and add their own User Content to it.
- All User Content, that is not otherwise marked by the license owner, is licensed under the All Rights Reserved license.
- If you delete User Content, TradeInfluence will use reasonable efforts to remove it from the TradeInfluence Network, but you acknowledge that caching or references to the User Content may not be made immediately unavailable.
- By registering an account and making User Content available, you further represent and warrant that the user content does not violate the TradeInfluence Content Policy referenced in Section 13;
- Your use of the Services and User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
- Any Use by TradeInfluence of any User Content will not infringe the rights of any other party (including intellectual property rights and privacy rights) or violate any applicable law, rule, or regulation;
- If any other party has rights to intellectual property you incorporate into any User Content, you have either (i) received permission from such other to so incorporate such intellectual property into such User Content, including but not limited to any software, or (ii) secured from such other party a waiver as to all rights in or to such User Content;
- You have fully complied with any third-party licenses relating to all User Content and have done all things necessary to grant to TradeInfluence the license set forth under section 2(f) and to successfully grant to others any relevant rights under any such third-party licenses;
- You also give other Users permission to share your Content under the legal terms outlined in the license you select, whether Creative Commons, All Rights Reserved, or any other available license.
4. Prohibited Uses
You shall not use or access any of the Services:
- In any way that violates any applicable United States federal, state or local law, rule, or regulation (including, without limitation, any intellectual property laws or privacy laws or laws regarding sanctions, or the export of data or software to and from the United States or other countries);
- To post unlawful, infringing, or other content not allowed under these Terms.
- To impersonate, attempt to impersonate, or falsely imply that you are associated with TradeInfluence, another User, or any other person or entity;
- In any manner that could disable, alter, overburden, damage, or impair the Services or the TradeInfluence Network, or engage in any other conduct that restricts or interferes with any other party’s use, which, as determined by us, may harm TradeInfluence or Users of the Services or expose them to liability, including but not limited to transmitting any worms, viruses, spyware, malware or any other code of a destructive, malicious, intrusive, or disruptive nature intended to cause denial of service;
- To use, distribute, modify, create derivative works from, or copy the Services or any feature of the Services or any User account or Team (including any User Content) in whole or in part, or decompile, reverse engineer, disassemble, attempt to derive the source code or underlying algorithms of the Services or any feature of the Services.
- To create accounts or access data (including User information) through unauthorized means, by using an automated device, caching, script, bot, spider, crawler or scraper or any such weaponized capability intended as a malware threat to TradeInfluence;
- To attempt to gain unauthorized access, or permit unauthorized access, to the Services or any feature of the Services (including any User account or squad) or any of our related systems or networks, or bypass any measures we take to restrict access to the Services or related systems or networks;
- To substantially replicate products or services offered by TradeInfluence in an impersonating manner, including by republishing TradeInfluence content or creating a separate publishing platform; or
- Without limiting any of the above representations or warranties or obligations, TradeInfluence reserves the right to, in TradeInfluence’ sole discretion, (i) reject or remove any User Content that, in TradeInfluence’ reasonable opinion, violates any term or condition of these Terms or policies of TradeInfluence or is in any way unlawful under Connecticut state law (ii) ban and remove any channel that, in TradeInfluence’ reasonable opinion, violates any term or condition of these Terms or policies of TradeInfluence or is in any way unlawful or (iii) terminate or deny access to and use of the Services to any person or entity whose use of TradeInfluence and its Services is unlawful.
- We support HTTPS and encrypt all sensitive information stored at rest on TradeInfluence.com, and we offer free HTTPS on all TradeInfluence.com sites or mobile apps by default.
6. Intellectual Property Rights
- We grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Services for lawful purposes in accordance with these Terms. The Services contain materials owned or licensed by TradeInfluence, including name, logo, source code and executable code, text, images, audio/visual works, icons and scripts and other intellectual property (collectively, “TradeInfluence Content”). TradeInfluence Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and TradeInfluence, TradeInfluence owns and retains all rights in TradeInfluence Content and the Services.
- You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying TradeInfluence Content, and you shall not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any TradeInfluence Content or the Services, except as may be permitted by these Terms.
- You will own all intellectual property rights in User Content you create using the Services except to the extent they incorporate TradeInfluence Content or other intellectual property owned or licensed by TradeInfluence.
7. Reporting Copyright Infringement, DMCA Policy and Other Violations
- TradeInfluence prohibits Users of our Services from submitting, uploading, posting or otherwise transmitting any materials that violate another person’s intellectual property rights. To report allegations of infringement, please contact TradeInfluence at [email protected].
- As TradeInfluence asks others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe that material located on or linked to by TradeInfluence violates your copyright, you are encouraged to notify TradeInfluence in accordance with TradeInfluence’ Digital Millennium Copyright Act (“DMCA”) Policy, available at https://home.tradeinfluence.com/site/dmca. TradeInfluence will respond to all such notices in accordance with applicable law. TradeInfluence will ban or terminate a channel’s access to and use of the Services if, under appropriate circumstances, that channel is determined to be a repeat copyright or intellectual property rights infringer. In the case of such ban or termination, TradeInfluence will have no obligation to provide access to any Services, TradeInfluence Tokens or any refund including any amounts previously paid to TradeInfluence.
8. Monitoring and Enforcement; Ban and Termination
We have the right to:
- Modify, ban or terminate the Services for any reason, without notice, at any time, and without liability to you;
- Refuse, terminate, or suspend your access to all or part of the Services for any or no reason, including, without limitation, any violation of these Terms; and
- Force forfeiture of any username for any reason.
- Upon any such refusal, termination or suspension of your access to the Services, all licenses and other rights granted to you under these Terms will immediately cease.
9. Linking to the Services
- You may link to our website homepage, provided you do so in a way that is fair and legal, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent, which may be withheld for any reason or no reason in our sole discretion.
- You may use these features solely as they are provided by us, and must not otherwise: establish a link from any website that is not owned by you; cause the Services or portions of it to be displayed on, or appear to be displayed by, any other site (for example, scraping, framing, deep linking, or in-line linking); or take any action with respect to the Services that is inconsistent with these Terms.
10. Links on TradeInfluence Services
- If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. You acknowledge that we have no control over the contents of those sites or resources, and accept no responsibility, and we disclaim any liability, for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
11. Services Content
- We may update our Services from time to time, but they will not necessarily be complete or up-to-date at any given time. Any of the material in the Services may be out of date at any given time, and we are under no obligation to update such material.
- You acknowledge that we may not always identify paid services, sponsored content, or commercial communications as such, except as may be required by applicable law.
- Although it is TradeInfluence’ intention for the Services to be available as much as possible, there will be occasions when the Services may be interrupted, including, without limitation, for scheduled or unscheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or software or hardware.
- TradeInfluence reserves the right to remove any content from the Services that is deemed in violation of these Terms, without prior notice. Content removed from the Services may continue to be stored by TradeInfluence, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order.
12. Geographic Restrictions
- TradeInfluence is based in the United States and provides its Services for use to persons located all over the world with the exception of those countries that are sanctioned by OFAC (https://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, though these Terms are governed solely by United States law.
13. Content Policy
- The TradeInfluence Content Policy (the "Content Policy"), as may be amended from time to time, is hereby incorporated by reference and made a part hereof in its entirety. TradeInfluence will notify users of any changes to the Content Policy through the notice section on https://www.tradeinfluence.com.
14. Responsibility of Visitors
- TradeInfluence has not reviewed, and cannot review, all of the material, including computer software, posted to our website, and cannot therefore be responsible for that material’s content, use or effects. By operating our website, TradeInfluence does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful.
- You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Our website may contain content posted by others that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, fake news, propaganda, satire, or other errors.
- Our Website may also contain material posted by others that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated.
15. Restricted Use
- You may not use the Services or any associated API access to impersonate or attempt to impersonate TradeInfluence or any products or services offered by TradeInfluence; to falsely imply that you are associated with TradeInfluence, another User, or any other person or entity; or for any other fraudulent or misleading purpose. Any product or service created through any API of TradeInfluence must include a disclaimer that substantially sets forth that such product or service is not offered by TradeInfluence and that TradeInfluence does not condone sharing account credentials with any third party.
- You may not farm, automate voting chains, game, manipulate or spam the site in order to gain TradeInfluence points in an unfair or deceitful manner.
16. TradeInfluence Content Review Policy
- We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TradeInfluence.com links, and that link to TradeInfluence.com. TradeInfluence does not have any control over such other websites and is not responsible for their contents or their use. By linking to any such other website, TradeInfluence does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. TradeInfluence disclaims any responsibility for any harm resulting from your use of such other websites and webpages.
- We may change or update the Services in whole or in part at any time and we reserve the right to change these Terms at any time. If we make changes to these Terms that are material, we will let you know by posting in the “Notice” section on the newsfeed of the web version of TradeInfluence, or by sending you an email or other communication. The notice will designate a reasonable period of time after which the changes to these Terms will take effect. If you disagree with our changes, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such changes, your continued use of the Services will be subject to these Terms, as changed. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in effect when the dispute arose.
- If we adopt a new policy relating to the Services that is material, we will let you know by posting on one of our blogs, or by sending you an email or other communication before the new policy takes effect. The notice will designate a reasonable period of time after which such new policy will take effect. If you disagree with such new policy, then you should stop using the Services within the designated notice period. Your continued use of the Services indicates your acceptance of such new policy, and your continued use of the Services will be subject to such new policy.
19. Disclaimer of Warranties and Limitation of Liability
- YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE SERVICES WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DTradeInfluence INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SITE FOR ANY RECONSTRUCTION OF ANY LOST DTradeInfluence.
- VIOLATION OF THESE TERMS MAY, IN MINDS’ SOLE DISCRETION, RESULT IN TERMINATION OF YOUR ACCOUNT. YOU UNDERSTAND AND AGREE THAT MINDS CANNOT AND WILL NOT BE RESPONSIBLE FOR THE CONTENT POSTED ON THE SERVICES AND YOU USE THE SERVICES AT YOUR OWN RISK. IF YOU VIOLATE THE LETTER OR SPIRIT OF THESE TERMS, OR OTHERWISE CREATE RISK OR POSSIBLE LEGAL EXPOSURE FOR MINDS, WE CAN STOP PROVIDING ALL OR PART OF THE SERVICES TO YOU.
- TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, MINDS OFFERS THE SERVICES “AS-IS” AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING THE SERVICES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COMPATIBILITY WITH ANY SOFTWARE OR HARDWARE.
- MINDS DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT MINDS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES.
- MINDS DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE OR THE RESULT OF USE OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE.
- YOUR USE OF THE SERVICES AND ITS CONTENT IS AT YOUR OWN RISK. EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW AND THEN ONLY TO THAT EXTENT, IN NO EVENT WILL MINDS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES OR AGENTS (“THE MINDS PARTIES”) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON), EVEN IF THE MINDS PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- MINDS SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY CLAIMS OF INFRINGEMENT RELATING TO THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
- YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE MINDS PARTIES FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF THESE TERMS. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS THE MINDS PARTIES FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING OUT OF YOUR USE OF THE SERVICES.
21. Governing Law
- These Terms will be governed by and construed and enforced in accordance with the laws of the State of New Jersey, without regard to conflict of law rules or principles (whether of the State of Connecticut or any other jurisdiction) that would cause the application of the laws of any other jurisdiction.
22. Waiver and Severability
- No waiver by TradeInfluence of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of TradeInfluence to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
- To you: We may provide any notice to you under these Terms by: (A) posting a notice on our website; or (B) sending an email to the email address then associated with your account. Notices we provide by posting on our website will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive or read the email.
- To us: To give us notice under these Terms, you must contact TradeInfluence by email at [email protected]. We may update this email address for notices to us by posting a notice on our website or sending an email to you. Notices to us will be effective when received by us.
- Language: All communications and notices to be made or given pursuant to these Terms must be in the English language.
24. Entire Agreement
- These Terms of Service and, as applicable, constitute the sole and entire agreement between you and TradeInfluence regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.
25. Force Majeure
- TradeInfluence and its affiliates will not be liable for any delay or failure to perform any obligation under these Terms where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical, telecommunications, hardware, software or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, war, or any other force, event or condition outside of our control
26. Your Comments and Concerns
Please direct questions or concerns regarding these Terms or the Services to TradeInfluence at [email protected].
Last updated: February 12, 2021