Up Market News (Inception Media LLC) Terms & Conditions
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS YOUR RESPONSIBILITY, AS A USER, CUSTOMER, OR POTENTIAL CUSTOMER, TO READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES.
PART I. GENERAL
The following terms and conditions (the “Terms of Service”) apply to your use of the emails, websites, publications, pages, and services across all media where these Terms of Service are referenced or where the URL for these Terms is provided, and that are owned or operated by Inception Media LLC and its subsidiaries and affiliates (“Up Market News,” “we,” or “us”) (collectively, the “Services”). This includes all subdomains of our websites and any content, code, data, services, features, or functionalities made available through the Services. Certain third-party subscription pages for publications or other third-party sites or apps where these Terms of Service are posted and where Up Market News provides information or services are considered part of the “Services,” but these Terms do not apply to other activities on those third-party websites.
We reserve the right to modify the Terms of Service at any time without prior notice by posting changes on the Services. Changes to the Terms will become effective upon posting, and your continued use of the Services and/or any services made available through the Services after such changes are posted will be deemed acceptance of those changes. BY USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RELATION TO YOUR USE OF THE SERVICES, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. If you do not agree to these Terms of Service, you must not access or use the Services.
PART II. EDITORIAL CONTENT
Up Market News functions as a publisher. All content provided on the Up Market News site and through email communications is generic, non-specific, and meant solely for general informational purposes. We do not endorse or recommend the buying or selling of any securities or investments tailored to specific individuals, and none of the financial information provided should be taken as personalized advice. Engaging in stock, futures, currencies, commodities, CFDs, options, and other types of investments involves potential rewards but also significant risks.
PART III. LINKS
Certain sections of Up Market News publications and/or websites may feature “Sponsored Content” advertisements provided by external entities or individuals not affiliated with Up Market News. All information, data, images, or other content contained in those ads, or on the websites and publications linked to them, are solely the responsibility of the entity or person providing them and are based on their own opinions, forecasts, or philosophy, which may differ from those of Up Market News. You acknowledge that Up Market News is not responsible for external sponsorships and does not guarantee their accuracy, integrity, or quality.
Up Market News may also sell paid advertising in an online format known as co-registration, where advertisers’ offers are presented to users. You acknowledge that any business dealings you have with advertisers found on or through Up Market News, including both free offers and offers requiring payment for goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are strictly between you and the advertiser. You agree that Up Market News is not liable for any loss or damage incurred as a result of such dealings or the presence of third-party advertisers on the Services. We do not endorse or verify claims made by third-party advertisers, and you may wish to consult with an independent, registered financial advisor or a licensed broker before buying or selling any security or investment recommended by an external advertiser.
PART IV. ACCESS TO THE SITE
You are responsible for ensuring that you have the necessary means to access the Site, which may include, but is not limited to, your personal computer or mobile device, as well as connectivity hardware and telecommunication lines. You are also responsible for covering all access and service fees required to connect to the Site and agree to bear all charges incurred through the use of such connectivity services. Additionally, you assume all risks associated with the use and storage of information on your personal computer, mobile device, or any other computer or device through which you access the Site and its Services (hereinafter referred to as “Computer”).
You confirm and assure that you have implemented and will maintain appropriate security measures to safeguard and control your Computer and any associated information and data. You acknowledge that Up Market News is not liable to you in the event of any failure, damage, or destruction of your Computer systems, data, or records, or any portion thereof. This includes any delays, losses, errors, or omissions arising from the failure or mismanagement of telecommunications or Computer equipment or software. You agree not to expose Up Market News or any of its online service providers to any computer virus or other harmful or inappropriate material or device, whether directly or indirectly.
PART V. TECHNICAL PROBLEMS
You acknowledge that while the Internet and the World Wide Web are generally reliable, technical issues or other circumstances may arise that could delay or prevent your access to the Site. Up Market News is not liable, and you agree not to hold Up Market News or any of its agents or service providers responsible, for any technical problems, system failures, malfunctions, communication line disruptions, equipment or software malfunctions, access issues, capacity limitations, high Internet traffic, security breaches, unauthorized access, or other computer-related issues and defects.
Up Market News does not guarantee that you will be able to access or use the Site at your preferred times or locations, nor does it guarantee adequate capacity for the Site as a whole or in specific geographic regions. Furthermore, Up Market News does not promise uninterrupted or error-free service. No warranties or guarantees are made regarding the Site and its content, including but not limited to warranties of merchantability or fitness for a particular purpose.
PART VI. BREACH
Without limiting the foregoing, Up Market News will not be held responsible for the inability to execute orders and fulfill requirements due to failures in the operation of information systems caused by technical faults beyond its control. You agree to fully indemnify, defend, and hold harmless Up Market News, its corporate affiliates, and their respective officers, directors, and employees upon immediate demand from all claims, liabilities, damages, losses, costs, expenses, including legal fees and other charges, however caused, arising from: (i) any breach of these Terms and Conditions by you, or (ii) your violation of any law or the rights of any third party.
Without prejudice to any other rights contained herein, in the event of a breach, whether in whole or in part, of any provision within these Terms and Conditions, Up Market News or any of its corporate affiliates providing Services to you reserves the right to take appropriate action, including (but not limited to) terminating any existing agreement, terminating or blocking the Services offered via the Site, and/or pursuing legal action against you.
PART VII. DISCLAIMER
EARNINGS DISCLAIMER: THERE IS NO GUARANTEE THAT YOU WILL EARN ANY MONEY USING THE TECHNIQUES, IDEAS, OR PRODUCTS PRESENTED ON OUR WEBSITE OR NEWSLETTER. EXAMPLES ON OUR WEBSITE OR NEWSLETTER ARE NOT TO BE INTERPRETED AS A PROMISE OR GUARANTEE OF EARNINGS.
CFTC RULE 4.41: HYPOTHETICAL OR SIMULATED PERFORMANCE RESULTS HAVE CERTAIN LIMITATIONS. UNLIKE AN ACTUAL PERFORMANCE RECORD, SIMULATED RESULTS DO NOT REPRESENT ACTUAL TRADING. ALSO, SINCE THE TRADES HAVE NOT BEEN EXECUTED, THE RESULTS MAY HAVE UNDER-OR-OVER COMPENSATED FOR THE IMPACT, IF ANY, OF CERTAIN MARKET FACTORS, SUCH AS LACK OF LIQUIDITY. SIMULATED TRADING PROGRAMS, IN GENERAL, ARE ALSO SUBJECT TO THE FACT THAT THEY ARE DESIGNED WITH THE BENEFIT OF HINDSIGHT. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE SHOWN.
RISK DISCLAIMER: ALL FORMS OF TRADING CARRY A HIGH LEVEL OF RISK, SO YOU SHOULD ONLY SPECULATE WITH MONEY YOU CAN AFFORD TO LOSE. YOU CAN LOSE MORE THAN YOUR INITIAL DEPOSIT AND STAKE. PLEASE ENSURE YOUR CHOSEN METHOD MATCHES YOUR INVESTMENT OBJECTIVES, FAMILIARIZE YOURSELF WITH THE RISKS INVOLVED, AND IF NECESSARY, SEEK INDEPENDENT ADVICE.
LIMITATION OF LIABILITY: IN NO EVENT SHALL UP MARKET NEWS, ITS EMPLOYEES, OFFICERS, DIRECTORS, AFFILIATES, AGENTS, OR LICENSORS BE LIABLE TO YOU, ANY THIRD PARTY, OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT ON THE SITE OR THE SITE ITSELF.