Terms Of Service
DisclosureTracker.com (“DisclosureTracker”) owns and operates the website located at www.disclosuretracker.com (the “Website”). These Terms of Use (this "Agreement"), which is a legal agreement between you ("You" or "you") and DisclosureTracker, shall govern Your use of and access to the Website. By submitting any text or content or simply by making any use of the Website, viewing the content on or available through the Website, You (a) accept this Agreement and agree to be bound by each of its terms, and (b) represent and warrant to DisclosureTracker that (i) this Agreement is binding and enforceable against You, (iii) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity. If you do not accept this Agreement or any of its terms, please do not use the Website or any of its content contained on the Website (“the Service”). DisclosureTracker may amend this Agreement from time to time without notice, each of which amendments shall be deemed to be effective immediately after posting the updated Agreement at the Website. You should check the Website and this Agreement regularly to ensure You remain current on the terms and agreements set forth herein. Your use of the Website after any amendments of this Agreement shall signify your assent to and acceptance of such revised terms. Any new features that may be added to the Website from time to time will be subject to this Agreement, unless otherwise stated.
1. Purpose
The purpose of this Agreement is to set forth the terms and conditions under which, among other things, DisclosureTracker will license to You use of certain of DisclosureTracker's technology, software and/or services such that you can access and/or use the Website (collectively, the "Purpose"). DisclosureTracker does not exert any control over any merchants, retailers, commercial ventures or other third parties, and as such is not liable or responsible for any actions taken or omitted to be taken by any such third party.
2. License
Except for Posted Information (as defined below) but not including any Non-User Content (as defined below), the Application, the Website, and the information and materials that it contains, are the property of DisclosureTracker and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, DisclosureTracker hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use the Website for your use; The Application is licensed to you and not sold. Nothing in this Agreement gives you a right to use the names, trademarks, logos, domain names, and other distinctive brand features of DisclosureTracker, the Application or the Website without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
3. Restrictions
You shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You shall use the Website solely for its intended purposes and shall not use the Website for the benefit of any third party except as specifically contemplated under this Agreement. You shall not share your account with any third party. You shall not violate or attempt to violate the security of the Application. You shall not reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the Website, including, without limitation, any of the software comprising or in any way making up a part of the Website. In addition, You will not export, re-export or permit any third party to export or re-export, directly or indirectly, the Website where such export or re-export is prohibited by applicable law without appropriate licenses and clearances. You shall defend and indemnify DisclosureTracker, at Your sole cost and expense, from and against any claims, damages, liabilities and/or expenses arising out of Your breach of any of Your obligations or representations set forth in this Section 3.
4. Content
You shall be solely responsible for all Posted Information you input into the Website; This means that the viewer or user, and not DisclosureTracker, is entirely responsible for all such Posted Information uploaded. DisclosureTracker does not control or actively monitor Posted Information and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using or viewing the Application or the Website, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will DisclosureTracker be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Application or the Website.
All Posted Information submitted by any non-user on the Website (“Non-User Content”), is the property of DisclosureTracker or its content suppliers and is protected by respective applicable laws. Unless otherwise agreed by DisclosureTracker or any of the respective parties, posting and/or publication of Non-User Content does not constitute assignment or transfer of ownership and any such copyright materials remain the property of their respective owners. DisclosureTracker reserves the right to change Non-User Content without further notice. Under no circumstance is DisclosureTracker liable to any loss or damage of any kind incurred as a result of any Non-User Content posted, emailed, transmitted or otherwise made available via the Website, or change of such content.
5. Rights
DisclosureTracker reserves the right at all times (but will have no obligation) to remove any Posted Information (including Non-User Content) and shall be entitled, at its sole discretion, to suspend, restrict and/or terminate, without notice of any kind, Your access to the Website or Your account for any reason. DisclosureTracker also reserves the right to access, read, preserve, and disclose any information as DisclosureTracker reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public. Notwithstanding the foregoing, DisclosureTracker shall not be required to review or monitor any Posted Information entered into the Website or otherwise submitted by You, and You shall be solely responsible for the veracity and accuracy of all such data, content and information.
6. Accounts
You must be a human. Accounts registered by bots or other automated methods are not permitted.
You must a valid email address and any other information requested to complete the signup process. Your login may only be used by one person
You are responsible for maintaining the security of your account and password. DisclosureTracker cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all content that you may post on the Website and activity that occurs under your account (even when content is posted by others who have accounts under your account)
You may not use the Website for any illegal or unauthorized purpose. You must not violate any laws in your jurisdiction.
7. Payment
The Service is billed in advance on a monthly basis (for monthly plan) and on a yearly basis (for yearly plan) and is non-refundable. There will be no refunds or credits for partial months (years) of service, or refunds for months (years) unused with an open account. In order to treat everyone equally, no exceptions will be made.
8. Indemnification
DisclosureTracker will indemnify all paying accounts against and hold them harmless from: (a) any claim by a third party that any part of the Service or its use, manufacture, sale, distribution, or reproduction infringes or misappropriates any copyrights, trade secrets, patents or other intellectual property; (b) any claim by a third party that this Terms of Service is in conflict, violation or breach of or with any contract, assignment, license, sublicense, security interest, or other obligation to which DisclosureTracker is a party or has knowledge; (c) any claim relating to any past, present or future use, licensing, sublicensing, distribution, marketing, disclosure or commercialization of any part of the Service; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses and expenses relating to or arising from (a), (b) or (c) above.
9. Privacy
DisclosureTracker stores, processes and maintains your data in order to provide the Service to you. When you use the Service, the Service’s servers automatically record certain information about your use of the Service, such as account activity, data (including UI elements, links) clicked on and other log information including browser type, IP-address, date and time of access, cookie ID and referrer URL.
DisclosureTracker will only use aggregated non-personal data such as number of times a link was clicked. We do not sell, rent or otherwise share your data with any third parties except:
(a) We have your opt-in consent;
(b) We provide such information to our subsidiaries, affiliated companies for the purpose of processing data on our behalf. We require that these parties agree to process data based on our instruction and in compliance with this terms and services and any other appropriate confidentiality and security measures;
(c) We have a good faith belief that access to the data is necessary to satisfy any applicable law, regulation, legal process or enforceable government request;
(d) We have a good faith belief that access to the data is necessary to enforce applicable Terms of Service, including investigation of potential violations, or to detect and prevent fraud, security or technical issues;
(e) We have a good faith belief that access to the data is necessary to protect against harm to the rights, property or safety of DisclosureTracker.
10. Violation of these Terms of Service
DisclosureTracker reserves the right to investigate and prosecute violations of any of these Terms of Service to the fullest extent of the law. DisclosureTracker may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that DisclosureTracker has no obligation to pre-screen or monitor your access to or use of the Service or any information, materials or other content provided or made available through the Service, but has the right to do so. You hereby agree that DisclosureTracker may, in the exercise of DisclosureTracker’s sole discretion, remove or delete any entries, information, materials or other content that violates these Terms of Service or that is otherwise objectionable.
11. Termination
This Agreement shall continue in full force until the earlier to occur of (i) either party providing written or electronic notice of termination to the other party (at which point You shall no longer be entitled to access or use the Application and the non-public portions of the Website), or (ii) DisclosureTracker electing to terminate Your access to the Application or the Website, with or without notice (the "Term"). For purposes of clarity, You are entitled to terminate your account at any time. Upon termination of this Agreement for any reason, You shall no longer be entitled to access or use the Application or any other non-public portions of the Website. In addition to the foregoing, in the event that DisclosureTracker determines, in its sole and absolute discretion, that You have breached this Agreement, threatened to breach this Agreement, committed any fraud or deception, breached any DisclosureTracker policy in effect from time to time or otherwise failed to perform to the standards required of DisclosureTracker, DisclosureTracker shall be entitled, at its discretion and in addition to any other remedies it may have hereunder and/or at law, to terminate, cancel or suspend Your access to the non-public portions of the Website, in each of the foregoing cases at any time and for any period of time. DisclosureTracker shall not be responsible for the return of any Posted Information of any kind to You upon any termination of this Agreement or suspension of Your access to the Application and/or the non-public portions of the Website, including without limitation any information input into the Application and/or the Website by You. You acknowledge and agree that all terminations may be made by DisclosureTracker in its sole discretion and that DisclosureTracker shall not be liable to You or any third-party for any termination of Your access to the Website or for the removal of any of the materials uploaded by You to the Application and/or the Website.
12. Intellectual Property and License of Content
(a) General Ownership. All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and DisclosureTracker, You shall be deemed to be the sole owner of all Posted Information entered into the Application and/or the Website or otherwise posted by You; and (ii) DisclosureTracker is the sole owner of the name "DisclosureTracker", “HKstockpick”, as well as the Website and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, comments, recommendations, bug-fixes, error-fixes or other communications from You to DisclosureTracker regarding the Website shall, upon submission to DisclosureTracker, be owned solely and exclusively by DisclosureTracker. DisclosureTracker may use such Feedback for the Website and/or in any other DisclosureTracker products or services (collectively, the “DisclosureTracker Offerings”). Accordingly, You agree that: (i) DisclosureTracker is not subject to any confidentiality obligations in respect to the Feedback, (ii) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to DisclosureTracker, (iii) DisclosureTracker (including all of its successors and assigns and any successors and assigns of any of the DisclosureTracker Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any DisclosureTracker Offerings, and (iv) You are not entitled to receive any compensation or re-imbursement of any kind from DisclosureTracker or any of the other users of the Website and the Application in respect of the Feedback. In addition, DisclosureTracker shall be entitled to post feedback at the Website and within the Application (and/or allows others to do so), both positive and negative, regarding any user. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Application shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein), subject to such suppliers' license, if any, of such third party software to DisclosureTracker.
(b) Use of Posted Information. In exchange for Your use of the Website and/or the Application, You hereby grant to DisclosureTracker (and agents of DisclosureTracker) an unlimited, perpetual, irrevocable, fully-paid, royalty-free, transferable, assignable, sub-licensable, worldwide license to use, reproduce, modify, publish, edit, translate, distribute, commercially exploit, repurpose, perform, transmit and display any and all Posted Information You post to the Website, submit to DisclosureTracker or post through the Website, alone or as part of other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights. Finally, You irrevocably waive, and cause to be waived, against DisclosureTracker and its users any claims and assertions of moral rights or attribution with respect to Your Posted Information. DisclosureTracker shall be entitled to display advertising and/or any other content at locations of its choosing within the Website, including without limitation adjacent to Your Posted Information. DisclosureTracker will not be responsible or liable for any use of Posted Information in accordance with this Agreement. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Posted Information that You submit.
13. Confidentiality
You agree to treat as confidential all confidential information of DisclosureTracker, not to use such confidential information for any purpose other than to the limited extent necessary to use the Application and not to disclose such confidential information to any third party except as may be reasonably required pursuant to this Agreement and subject to confidentiality obligations at least as protective as those set forth herein. Without limiting the generality of the foregoing, You shall use at least the same degree of care which You use to prevent the disclosure of Your own confidential information of like importance to prevent the disclosure of confidential information disclosed by DisclosureTracker, provided, however, that in no event shall such degree of care be less than reasonable in light of general industry practice.
14. Advertising
You acknowledge and agree that the Website may contain advertisements. If You elect to have any business dealings with anyone whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that DisclosureTracker shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and the Application and acknowledge that such access may involve third-party fees (such as internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is Your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
15. Emails
You acknowledge and agree that DisclosureTracker may occasionally send You emails. These emails may include, but not limited to, newly listed or updated events and places, welcome emails, and emails describing updates to the Website or the DisclosureTracker Offerings.
16. Links & Third-Party Websites and Services
The Website may contain links to other websites that are not owned or controlled by DisclosureTracker. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by DisclosureTracker of that third party, third party product or service. DisclosureTracker is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website or the Application are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website or the Application of a link to any other website(s) does not imply that DisclosureTracker endorses or accepts any responsibility for the content or use of such websites, and You hereby release DisclosureTracker from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites. While DisclosureTracker does not prohibit linking to third party website and content, it does not wish to be linked to or from any third-party website or mobile application which contains, posts or transmits any of the prohibited content in Section 3 of this Agreement. DisclosureTracker reserves the right to prohibit or remove (or require You to remove) any link to the Website or the Application, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
17. Third Party Content
DisclosureTracker is a publisher of content collected from public information. Accordingly, DisclosureTracker has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers or any other user of DisclosureTracker, are those of the respective author(s) or distributor(s) and not of DisclosureTracker. Neither DisclosureTracker nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
DisclosureTracker encourages you to exercise discretion while browsing the Internet. DisclosureTracker makes no representations concerning any endeavour to review the content of the DisclosureTracker or any of the Materials, and so DisclosureTracker is not responsible for the accuracy, copyright compliance, or legality of material contained in the DisclosureTracker or in the Materials. DisclosureTracker is not directed at persons who are residents of any country where dissemination of any of the information contained on the DisclosureTracker is not permitted.
18. Eligibility for Membership
Our services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to individuals under the age of 18, or age of majority in your jurisdiction of residence. If you do not qualify, please do not use our services.