The legal agreements set out below govern your use of http://www.dailydelphi.com. Your continued use of http://www.dailydelphi.com and its Services means that you accept any new or modified terms and conditions. These terms are subject to change at any time, but Daily Delphi will post a notice on this website of any material changes. Check back regularly.
Except as expressly provided in these Terms and Conditions, members may only maintain one active registration with http://www.dailydelphi.com. Any use of multiple accounts or aliases on our Site, including attempts to mislead, defraud, confuse or otherwise trick us or our members, is a breach of these Terms and Conditions.
You will be asked to create a user name and password, which you'll need to access the Site.
As a registered member, you can update your account settings, including your email address, by going to profile tab. There, you can also change your password at any time. Also, if you forget either your password or user name, you can send an email to [email protected] for help.
When becoming a member on http://www.dailydelphi.com you will need to provide us with your name and email address. You certify that all information you provide is accurate. You also agree to maintain and update your information as necessary so that it remains accurate and current. In the event that any information you provide is inaccurate or not up-to-date, DailyDelphi.com reserves the right to cancel your membership.
3. Premium Membership
For premium memberships or services Daily Delphi may charge a fee. These membership or service offers may provide a free trial or introductory offer. If such an offer is provided, only one per household or email address is allowed at any given point in time. In addition, there is a limit of one trial per person and per email address in any given six-month period unless otherwise stated in the offer.
If you don't cancel your membership within the trial or introductory offer period, we will charge the credit card you provided during the sign-up process. You agree to pay the applicable subscription fee as set forth on this site. Daily Delphi reserves the right to increase a membership's fees or institute new charges upon reasonable notice. Premium Membership fees are due in advance. You may cancel your membership at any time and receive a pro-rated refund by emailing [email protected] .
From time to time, Daily Delphi may offer premium services through third party vendors. In such cases, the vendors refund policy would apply and may differ from Daily Delphi's standard policy.
Your premium membership will automatically renew for the monthly, quarterly, annual or other subscription period you originally signed up for, until you notify us of your decision to terminate your membership. Accordingly, you agree that your membership fee or subscription will be billed automatically at the beginning of each renewal period at the then-current rate to the credit card you used in your most recent transaction with us. You may cancel your membership at any time and receive a pro-rated refund.
4. Intellectual Property
All of the Content on our websites and any service we provide is protected by U.S. and international copyright laws and is the property of The Daily Delphi and/or providers of the content under license. By "Content" we mean any information, mode of expression, or other materials and services found on DailyDelphi.com. This includes market forecasts, message boards, blogs, podcasts, chats, software, our writings, graphics, videos and any and all other features. You can find out more information on copyright law and the Internet at http://www.templetons.com/brad/copymyths.html .
You may make one copy of the Content for your personal, non-commercial use. All rights reserved. Any other copying, distribution, storing, or transmission of any kind, or any commercial use of our Content, is prohibited without Daily Delphi's prior written permission. You may not sell, auction, transfer or barter your subscription or any individual publication. You can make or end your own daily forecasts at any time, but those picks, their scoring history, your scoring history, and data aggregated by Daily Delphi remain the property of Daily Delphi. You also may not republish, post, transmit or distribute the Content to online bulletin and message boards, blogs, chat rooms, intranets or anywhere else without our consent. You further agree not to create abstracts from or scrape our Content, including all forecasts, for use on another website or service. Aside from opening yourself up to liability, distributing our forecasts to other sites and forums is unfair to our members who participate to receive our Content. So please don't do it.
When you make a forecast or add content to DailyDelphi.com you are granting us an unlimited license to use it. Specifically, by posting content, you agree that Daily Delphi has an irrevocable, perpetual and worldwide license to use republish, distribute, reproduce, display, communicate to the public, adapt, perform, store, translate, sublicense and promote anything you post on our websites. This includes the rights to syndicate and make derivative works out of your content. If you don't want us to use or republish your content, then please don't post it on our websites. We won't republish your posts in advertising without your permission.
You agree not to display any of Daily Delphi's trademarks or use them in any manner without our express written permission.
You agree to use http://www.dailydelphi.com for lawful purposes only. You may not use or allow others to use your membership to:
Post or transmit any content that is disruptive, uncivil, abusive, vulgar, profane, obscene, hateful, fraudulent, threatening, harassing, defamatory, or which discloses private or personal matters concerning any person; post or transmit any material that you don't have the right to transmit under law (such as copyrights, trade secrets, or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements); post, transmit, or link to sexually explicit material; impersonate any person, or falsely state or otherwise misrepresent your affiliation with a person or entity;post or transmit any advertising, promotional materials, or other forms of solicitation, including chain letters and pyramid schemes; violate any applicable law or regulation while accessing and using our sites, including, without limitation, the rules and regulations of the U.S. Securities and Exchange Commission and the national or other securities exchanges (especially and including the rule against making false or misleading statements to manipulate the price of any security);
offer, sell, or buy any security; post or transmit any file that contains viruses, corrupted files, "Trojan Horses", or any other contaminating or destructive features that may damage someone's computer; forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through our sites or to manipulate your presence on our site(s); use any automated means, including without limitation, agents, robots, scripts, or spiders, to access, monitor, copy or harvest data from any part of our sites; take any action that imposes an unreasonably or disproportionately large load on our infrastructure or disrupts the functioning of our systems or Services; take any action that damages or disrupts the functioning of our systems or Services.
Unauthorized access of our site(s) is a breach of these Terms and Conditions and a violation of the law. You agree not to access our site by any means other than through the interfaces we provide for use in our accessing our sites.
Daily Delphi may at any time, without prior notice and at our sole discretion, remove any post, terminate any membership, remove any individual forecast or take any action for violating the above provisions or otherwise taking an action disruptive to the site. In the event of termination of a premium Membership or Service, you will receive a pro-rated refund.
You are responsible for statements made and actions taken through the use of your password, so please maintain the confidentiality of your password. You agree to immediately notify Daily Delphi of any actual or suspected unauthorized use of your username and password. We will not be responsible for any loss to you arising from unauthorized use of your data.
6. Disclaimer of Warranties and Liabilities
Daily Delphi is not an investment advisor and cannot provide personalized advice. We can't know all the relevant facts about you and your individual needs, and we cannot claim or represent that any particular Services are suitable for you. If you want personal advice, then you should seek a registered investment advisor.
Daily Delphi does not warrant the completeness or accuracy of the Content found on our site or its usefulness for any particular purpose. Daily Delphi makes no promises that our content or any of the Services will be delivered to you on an uninterrupted, timely, secure, or error-free basis. In fact, we're not making any promises or warranties except that we'll do our best to provide interesting and helpful information, education, and entertainment.
By using our site you agree that under no circumstances will Daily Delphi, its employees, or its agents be liable for direct, indirect, incidental or any other type of damages resulting from your use or downloading of any material on our sites, even if we have been advised of the possibility of such damages occurring. This includes, but is no way limited to, loss or injury caused in whole or in part by our negligence or by circumstances beyond our control in creating or delivering any of our Services.
By your use of our website or services, you're agreeing that you bear responsibility for your own investment research and investment decisions. You also agree that Daily Delphi its directors, its employees, and its agents will not be liable for any investment decision made or action taken by you and others based on news, information, opinion, or any other material published through our Services. But we can't and won't take responsibility for, or make any claims or representations about, the accuracy, completeness, or veracity of data, information, and opinion provided through our site. All information and content provided on or by DailyDelphi.com is to be used on an "as is, with all faults" basis.
Disclaimers of Liability:
NEITHER Daily Delphi NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN FROM THE USE OF OUR SERVICES WILL MEET YOUR EXPECTATIONS OR THAT ANY ERRORS WILL BE IMMEDIATELY CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR WEBSITES, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF OUR SERVICES AND THE ACCURACY OR COMPLETENESS OF THEIR CONTENT.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Federal or state law may require that we notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our websites or sending them to you via email. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.
If any provision in these Terms and Conditions is found to be invalid or unenforceable the remaining provisions will continue in full force and effect. This agreement is and always will be governed by the laws of the United States of America and the State of Illinois (except with respect to choice of law). You agree that the proper forum for any claim arising there under will be the U.S. Court for the Northern District of Illinois or the appropriate Illinois court.
Except as otherwise expressly stated in these Terms and Conditions, there are no third party beneficiaries to this agreement.
These Terms and Conditions, including those that are incorporated by reference, constitute the entire and only agreement between you and Daily Delphi and govern your use of our sites.
Last Updated: July 1, 2013