Section 2: Participation and Use of Content
Warning
The risk of loss in trading securities, including options and equities, is substantial. There is a risk of loss in all trading and investment strategies that are discussed on Food for Theta. When trading options, you may lose more than your initial investment. Options trading is not suitable for all investors. Please consider the information provided in Characteristics and Risks of Standardized Options before deciding to invest in options. The trades may not be suitable for you and do not take into account your particular financial situation, your investment objectives or your personal circumstances. None of the trades discussed on the Site are being recommended to you. The trades discussed on Food for Theta are for educational and informational purposes only. Before engaging in any trading based on any information you receive from the Food for Theta you should conduct and independent analysis to determine whether the trades are suitable for your circumstances. If you are unsure about how trades you may make will affect your overall financial portfolio or the level of risk that is involved, you should consult with your financial adviser prior to making those trades.
Accessing Content
Accessing Content requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of the required software is recommended to access Content and may be required for certain transactions or features. You agree that meeting these requirements, which may change from time to time, is your responsibility.
Content Availability
Food for Theta reserves the right to change Content options (including eligibility for particular features) without notice.
Content Accuracy
The Content provided by the Site represents the opinions and assumptions of the Author. While factual accuracy is the highest priority of the Author, errors may still occur within the Content, Content may become obsolete, and opinions and assumptions may change and develop over time. It is up to you to research and verify the accuracy and merit of any and all information from the Site or in any correspondence. You agree that any financial risks you take based on Content received from the Site is purely and entirely at your own discretion and risk and that you will in no way hold the Author, nor Food for Theta, nor any affiliates of FFT liable for for any loss or damage, of any kind, direct or indirect, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
Third-Party Content
Food for Theta may reference third-party (outside sources unaffiliated with Food for Theta) sources, information, services, technology, and other materials (hereafter collectively referred to as “Third-party Material”) within the Content. Accessing Third-party Montent shall be done so at your own risk. You agree that the Food for Theta Team cannot be held responsible for the accuracy or reliability of Third-party Materials. You also agree that the Food for Theta Team shall not be liable for any losses or damages of any kind that result from any advice or information received from any Third-party Materials. You agree that you will not use any Third-party Material in a manner that would infringe or violate the rights of any other part and that Food for Theta is not in any way responsible for any such use by you.
Objectionable Material
You understand that by using the Site, you may encounter material that you may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Site at your sole risk and Food for Theta shall have no liability to you for material that may be found to be offensive, indecent or objectionable. Content and all Food for Theta produced material that is provided via the Site, email or any other distribution channel is provided for convenience, and you understand and accept that Food for Theta does not guarantee complete accuracy.
Trade Journal
The Trade Journal feature allows you to view the Author’s personal reflection on past and present trades and investments. The trades are being disclosed to you for educational and informational purposes to help give you an understanding of the types of trades that are discussed on Food for Theta. No entry in the Trade Journal should be considered an endorsement of any product or security, nor should it be considered an investment recommendation or advice. The opinions expressed by the Author are not intended to influence you to make a particular trade or follow any specific trading strategy. Neither Food for Theta, nor the Author, are implying that any of the trades discussed in the Trade Journal are suitable for you. There is no guarantee that the Author will post every phase of any trade, nor will he post them on any set schedule, or within any specific time frame from which the trade was placed. You should NOT rely on information posted in the Trade Journal to manage your own financial risks. The Author’s opinions about the stock market and on specific securities and trading strategies are subject to change without notice. The Food for Theta Team does not guarantee any particular results or profits from the trades discussed in the Trade Journal.
You agree NOT to make investments or place trades based on the entries posted by the Author in the Trade Journal. Any financial risks you take that resemble an entry in the Trade Journal is purely coincidental and entirely at your own discretion and based solely on your personal opinions and strategic knowledge. You agree that De’Shan Perry, and the Food for Theta Team shall not be held liable for any losses or damages that result from any financial risks you take that appear to mirror entries posted in the Food for Theta Trade Journal.
Intellectual Property
This Site and all the content and materials available on the Site are the property of De’Shan Perry and/or our affiliates or licensors, and are protected by copyright, trademark, international treaties and other intellectual property laws. The Site is provided solely for your personal non-commercial use. We are granting to you a personal, nontransferable, limited, revocable license to use this Site, subject to these Terms of Use. Because the right to use this Site is personal to you, you may not transfer that right to any other person or entity. Unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, port, sell, transfer, sublease, broadcast, publicly perform or display, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without our written consent. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE SITES HYPERLINKED TO THIS SITE WITHOUT THE EXPRESS WRITTEN PERMISSION OF DE’SHAN PERRY IS STRICTLY PROHIBITED. In addition, you may not decompile, reverse engineer, disassemble or reduce any portion of the Site to a human-readable form. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use. If you do so, you must retain all copyright and other proprietary notices on such materials. By downloading and or printing such materials, you do not acquire any ownership rights to them. You acknowledge and agree that you are solely responsible for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other liability resulting from your improper use of this Site.
Downloads
Any Content Food for Theta offers for download in the “Downloads” section of the Site, or any other section of the Site, is free for you to use for non-commercial purposes, so long as it adheres to the “Usage Rules” specified later in this document. You must leave any and all logos intact, without alteration or obscuration. You may not alter, build upon, or remix the Content in any way without express written permission from the Author.
Watchlists
Food for Theta may at times post watchlists of various underlyings. Watchlists are meant only as educational examples to help the Viewer build their own watchlists and follow along with our Content. Watchlists are not endorsements or recomendations of any product, company, or industry, nor do they imply that any product, company, or underlying that appears on the watchlist is a suitable or appropriate investment or trading vehicle for any User.
Correspondence
When you voluntarily email or call to speak with the Author, any employee, or representative of Food for Theta, topics of conversation may include stock market technical analysis and trading techniques and strategies designed to minimize risk and enhance profitability, so that you may gain the skills and confidence to start managing your own investments.
The risk of loss in trading securities, options, futures and forex can be substantial. You must consider all relevant risk factors, including your own personal financial situation, before trading. Options involve risk and are not suitable for all investors.
The Food for Theta employee or representative is not a licensed financial advisor, registered investment advisor or registered broker-dealer and does not provide investment or financial advice or make investment recommendations. The Food for Theta employee or representative is not in the business of transacting trades, nor does he or she agree to direct your commodity accounts or give trading advice tailored to your particular situation. Nothing contained in the correspondence service constitutes a solicitation, recommendation, promotion, or endorsement of any particular security, other investment product, transaction or investment.
When speaking directly to a Food for Theta employee or representative, you acknowledge and agree that you are assuming the entire risk of any and all trades you place in the stock market. You agree, at all times, to indemnify, defend and hold Food for Theta, its employees, representatives and affiliates harmless from and against any and all claims, actions, demands, suits, losses, and costs (including attorneys’ fees) resulting from trades you place in the market.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, FOOD FOR THETA, DE’SHAN PERRY, ANY OF ITS AFFILIATES, OR ITS RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF ITS RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF EDUCATIONAL SERVICES PROVIDED, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
Content You Provide to Us
This Site may include a variety of features that allow you to give feedback to us and to submit materials to us. This Site
also may include other features that allow you to communicate with third parties. By accessing and using any such
features, you represent and agree:
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That you are the sole owner of any material you submit, or are making your submission with the express consent of the owner(s) of the material
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That you are 13 years of age or older
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That the materials will not violate the rights of, or cause injury to, any person or entity
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That you will defend, indemnify and hold harmless the Food for Theta Team, our affiliates, and each of our and their respective directors, officers, managers, subscribers, shareholders, partners, employees, agents, representatives and licensors, from and against any liability of any nature arising out of or related to any content or materials submitted to the Site by you or by others using your username and password. You also grant us a license to use the materials you submit via such features, as described below under the header “License to Content and Materials You Submit to Us.”
We have the right, but not the obligation, to monitor the content of the Site and any site that are hyperlinked to our Site at all times, including any social networking features, chat rooms and other similar mediums that may hereinafter be included as part of the Site, to determine compliance with these Terms of Use, any other applicable user rules, and any applicable laws, rules regulations or authorized government or self regulatory requests. We reserve the right at all times, in our sole discretion, to screen content submitted by users and Subscribers and to edit, move, delete, and/or refuse to accept any content that we believe in our sole discretion violates these Terms of Use or is otherwise unacceptable or inappropriate, for any reason. We may reject any content or any materials or content you submit in our sole discretion. You acknowledge and agree that we may preserve content and materials submitted by you, and may also disclose such content and materials if required to do so by law or if, in our judgment, such preservation or disclosure is reasonably necessary to:
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Comply with legal process
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Enforce these Terms of Use
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Respond to claims that any content or materials submitted by you violate the rights of third parties
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Protect the rights, property, or personal safety of our Site, us, our affiliates, and each of their officers, directors, managers, partners, subscribers, employees, shareholders, agents, representatives, our licensors, other users, and/or the public in general.
License to Content and Materials You Submit to Us
When you submit any material (including any photos, recordings or videos) to our Site, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, nonexclusive, unrestricted, worldwide license to use, reproduce, publish, copy, modify, transmit, edit, sell, port, broadcast, sublicense, transfer, assign, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any form, manner or medium (whether now known or hereafter developed), for any purpose that we choose without territorial or time limitations, and to sublicense such rights through multiple tiers of sub-licensees. The foregoing license grant includes the right to exploit any proprietary rights in the materials you submit, including, but not limited to, rights under copyright, trademark or patent laws that exist in any relevant jurisdiction.
Also, in connection with the exercise of these rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your submissions by name, e-mail address or screen name, as we deem appropriate. You understand that the technical processing and transmission of the Site, including content submitted by you, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation of any kind for the use of any materials submitted by you. By submitting material to this Site, you have agreed to grant us the rights described herein or the owner(s) of such material has agreed to grant to us the rights described above. You agree that the rights granted herein also apply to our parent, subsidiary corporations and our affiliates.
Use of Content
You agree that the Site and certain Food for Theta products include security technology that limits your use of content and that, whether or not Content is limited by security technology, you shall use content in compliance with the applicable usage rules below established by Food for Theta (“Usage Rules”), and that any other use of the Content may constitute a copyright infringement. Food for Theta reserves the right to modify the Usage Rules at any time.
You agree not to violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to such Usage Rules for any reason-or to attempt or assist another person to do so. You agree not to access the Content by any means other than through www.foodfortheta.com. You shall not access or attempt to access a Login that you are not authorized to access.
Usage Rules
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You shall be authorized to use Content only for personal, noncommercial use.
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You will be able to access your Content on any computer, device, or mobile device that permits you to successfully enter your Login and verify your registration status.
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You shall not be entitled to burn any Content.
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You must be connected to an approved Food for Theta source, when viewing Content and you may do so on your computer, devices, or mobile devices.
Food for Theta’s Content is licensed under a Creative Commons Attribution-NonCommerical-NoDerivatives 4.0 International License. Please reference the guidelines below for proper use of Food for Theta’s Content and downloadable materials. If you need any further clarifications, please email us at deshan@foodfortheta.com.
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Attribution : You must give Food for Theta appropriate credit by displaying a visible link back to foodfortheta.com and by explicitly referencing Food for Theta as the original source of the content and materials. Logos within the visuals must remain untouched and unedited.
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Non Commercial : Bloggers, news/information websites and nonprofits may make Food for Theta available under a Creative Commons (CC) license. You may not under any circumstances use any of Food for Theta’s Content and Materials, in whole or in part, for commercial purposes.
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Non Derivative : You cannot alter Food for Theta’s Content and Materials in any way. This means you cannot edit,
remix, cut, shorten, transform, or build upon our Content or Materials.
The delivery of Content does not transfer to you any commercial or promotional use rights.
You acknowledge that if Food for Theta changes any part of or discontinues the Content or services, which it may do at its election, you may not be able to use Content or services to the same extent as prior to such change or discontinuation, and that Food for Theta shall have no liability to you in such case.
Restrictions on Conduct
Your use of this Site and/or the sites that are hyperlinked to this Site must comply with these Terms of Use. Your use of this Site and the sites hyperlinked to this Site must be limited to lawful non-commercial activities. You may not access or use this Site or otherwise engage in conduct that violates or infringes in any way upon the rights of others that is threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable. You may not use someone else’s image or personal information without such person’s express authorization, and you may not impersonate any party related to Food for Theta or any third- party on this Site.
You may not access or use this Site in a manner that constitutes a criminal offense or encourages such conduct, gives rise to civil liability or otherwise violates any law or encourages such conduct. You may not access or use this Site to advertise or solicit products or services.
You may not use any unauthorized means to access this Site. At our sole discretion you may not access this Site with any automated system, including “robots,” “spiders,” or “offline readers.” You may not introduce or attempt to introduce viruses or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any equipment, including telecommunications equipment. You may not attempt to gain unauthorized access to our computer network or our registration or Registrant information. You may not engage in conduct designed to damage, disable, overburden or impair our systems. You are prohibited from engaging in any conduct with respect to this Site that we, in our sole discretion, believe restricts or inhibits any other person or entity from using or enjoying this Site and/or any of the sites hyperlinked to this Site.
Linking and Framing
You may not establish a hypertext link or inline link to our Site or any of the content of our Site, if such link could result in the use of our Site in a manner prohibited by these Terms of Use. You may not, without our prior written permission, frame or imbed any of the content of our Site, or incorporate into another website or other service any of our material, content or other intellectual property.
The provisions above apply to and are for the benefit of us and our parent, our affiliates and our licensors.
Trademarks
Food for Theta and its design logo are trademarks of Food for Theta. We expressly reserve all rights in respect of this trademark. Unless otherwise indicated, all other trademarks appearing on this Site are either our property or the property of third parties. You are not granted any rights with respect to any such trademarks.
Notice of Copyright Infringement
If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform the Author by sending an email to deshan@foodfortheta.com. Please include the following information in your written notice:
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A detailed description of the copyrighted work that is allegedly infringed upon
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A description of the location of the allegedly infringing material on the Site
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Your contact information, including your address, telephone number, and, if available, e-mail address
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A statement by you indicating that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law
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A statement by you, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf
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An electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement regarding alleged infringement