Welcome to KaChing

KaChing, Inc. ("KaChing") provides services for the sharing of finance and investment oriented content on the Internet (collectively, the "Services") by our users through our website accessible at www.KaChing.com (the "Site"). Please read the following important terms and conditions ("Terms of Use") carefully. These Terms of Use and our Privacy Policy (www.KaChing.com/privacy), incorporated herein by reference, govern your access to and use of the Site, including any content, information, products or Services therein. This is a legal agreement between you and KaChing.

YOU UNDERSTAND THAT BY CHECKING THE "I have read and accept the Terms of Use" CHECKBOX, OR BY USING THE SITE, SERVICES (INCLUDING ANY CONTENT PROVIDED THEREIN), OR YOUR ACCOUNT, YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE OR SERVICES.

The KaChing website (the “Site”) provides only specific applications to simulate fantasy securities portfolios of the users, other information posted by the Site’s users and general market information. It does not in any way provide financial or investment advice, and you agree that you will not rely on information on the Site to make any investment decision. In accessing the Site you agree that (1) the Site may publish to other users any content you post on the Site, (2) you will not use the Site in any way to violate insider trading laws or other the federal or state securities laws and regulations of the United States, any state or any other country, as applicable, relating to securities disclosure, securities trading, or investment advisory or brokerage services, (3) without limiting the general scope of the foregoing, you will not attempt to trade in a security in advance of posting information concerning that security or publish defamatory or misleading information concerning any security or issuer, and (4) you will not post any advertisement, solicitation or information that otherwise violates any applicable local, state, national or foreign law or regulation.

You acknowledge that: (1) the Site is provided for game and information purposes only and is not intended for trading purposes; (2) the Site may include information it obtains from other sources, such as stock exchanges, other financial markets and news sources, and the Site does not review or analyze such third-party information; (3) the Site does not guarantee the accuracy, completeness, or timeliness of any information on the Site; (4) none of the information on the Site constitutes a solicitation, offer, opinion, or recommendation to buy or sell any security, or to provide investment or other advice regarding the profitability or suitability of any security or investment; and (5) the information provided on the Site is not intended for use by, or distribution to, any person or entity in any jurisdiction or country where such use or distribution would be contrary to law or regulation. Accordingly, the Site and its owners, sponsors, directors, officers, employees, successors, and assigns shall not, directly or indirectly, be liable, in any way, to you or any other person for any: (a) inaccuracies or errors in or omissions from the Site including, but not limited to, any information or analysis posted by any other user, prices of securities and financial data; (b) delays, errors, or interruptions in the transmission or delivery of the Site; or (c) loss or damage arising from your use of the Site or occasioned thereby, or by any reason of nonperformance.

1. Modification of the Site or Terms of Use

KaChing reserves the right, in its sole discretion, at any time to modify, discontinue or terminate the Site and Services, or modify these Terms of Use without notice. All modified terms and conditions will be effective after they are posted on the Site (unless a longer notice period is required by applicable law). If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your KaChing account. By continuing to access or use the Site and Services after KaChing makes any such revision, you agree to be bound by the revised Terms of Use.

2. Content

Certain types of content are made available through the Site. "Content" as used in these Terms of Use means, collectively, the text, data, graphics, images, reports, analysis, performance charts, investment portfolios AND stock quotes, made available through the Site, excluding User Submissions. "User Submissions" as used in these Terms of Use means, collectively, the text, data, reports, your user name, analysis, performance charts, investment portfolios, stock quotes and other content and information which Members post, upload and otherwise submit to the Site, including without limitation, in discussion groups, message boards and Member created profile pages. KaChing reserves the right to remove and permanently delete any Content or User Submissions from the Site without notice.

3. Registration

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a KaChing account and become a "Member". To become a Member you must be at least 18 years of age or are otherwise capable of forming legally binding contracts under applicable law. When you register, you will be asked to choose a user name and a password. You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify KaChing of any unauthorized use of your password. You agree that the information that you provide to us upon registration, and at all other times will be true, accurate, current and complete.

This Site is not directed to children under 13. If a parent or guardian becomes aware that his or her child has provided us with personally identifiable information without their consent, he or she should contact us at privacy@KaChing.com. If we become aware that a child under 13 has provided us with personally identifiable information, we will delete such information from our files.

4. Termination; Cancellation

We may terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in our sole discretion, at any time for any reason without notice to you. Further, if we believe, in our sole discretion, that a violation of these Terms of Use has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms of Use, including without limitation any violation arising from any User Submissions. We may seek to gather information from a Member or user who is suspected of violating these Terms of Use (or from any other Member or user) and you agree to provide us with such information. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails, or other materials that are believed to violate these Terms of Use.

You may terminate your KaChing account at any time and for any reason by sending an email to cancel@KaChing.com. Any suspension, termination or cancellation shall not affect your obligations to KaChing under these Terms of Use (including but not limited to ownership, indemnification and limitation of liability), which by their sense and context are intended to survive such suspension, termination or cancellation.

5. Third Party Links

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that KaChing is not responsible or liable for the availability or accuracy of, and KaChing does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

6. Intellectual Property Rights and Ownership

  • Content. You may access and use the Site, Services and Content for your own personal non-commercial use. Company hereby grants you permission to use the Website as set forth in this Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium, and in any manner, without Company's prior written authorization; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," and the like, that accesses the Website in a manner that sends more request messages to the Company servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. In addition, you agree not to use spiders to copy materials from the site for any purpose, including, without limitation, for the purpose of creating publicly available searchable indices of the materials, or for making caches or archives of such materials. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions (other than your User Submissions). KaChing and its licensors own all right, title and interest, including all worldwide intellectual property rights in the Site, Content and the trademarks, service marks and logos contained therein other than your User Submissions.

  • User Submissions.
    • License Grant. KaChing does not claim ownership rights in your User Submissions. However, by uploading, submitting, emailing, posting, publishing or otherwise transmitting any User Submission to KaChing or on the Site, you hereby grant KaChing a non-exclusive, worldwide, royalty-free, sublicensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the Site and third party websites. You represent and warrant that you own or have the necessary licenses, rights, consents, and permissions to grant the foregoing licenses to KaChing. KaChing shall own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by KaChing, including all worldwide intellectual property rights therein. You agree to execute and deliver such documents and provide all assistance reasonably requested by KaChing to give to KaChing the full benefit of the rights granted to KaChing by you.
    • Limitations. You acknowledge and agree that KaChing may, at its option, establish limits concerning User Submissions, including without limitation the maximum number of days that User Submissions will remain on Site, the maximum size of any files that may be stored on or uploaded to the Site, and the maximum disk space that will be allotted to you for the storage of User Submissions on KaChing's servers. KaChing shall have no responsibility or liability and you are solely responsible for creating back-ups of your User Submissions.
    • Disclaimer. KaChing has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose. KaChing does not endorse any User Submission or any opinion, recommendation, or advice expressed therein and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against KaChing with respect thereto.

7. Restrictions

You agree you will not do any of the following while using or accessing the Site or Services:

  • Circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any Content.
  • Upload, email, or otherwise transmit (i) any User Submission to which you do not have the lawful right to copy, transmit and display (including any User Submission that would violate any confidentiality or fiduciary obligations that you might have with respect to the User Submission); (ii) any User Submission that infringes the intellectual property rights or violates the privacy rights of any third party (including without limitation copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity);
  • Use any meta tags or other hidden text or metadata utilizing a KaChing name, trademark, URL or product name;
  • Upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, "pyramid schemes," or any other form of solicitation;
  • Forge any TCP/IP packet header or any part of the header information in any posting, or in any way use the Site or Services to send altered, deceptive or false source-identifying information;
  • Upload, email, or otherwise transmit, via the Site or Services, any User Submissions that are unlawful, obscene, harmful, threatening, harassing, defamatory, or hateful, or that contains objects or symbols of hate, invades the privacy of any third party, contains nudity is deceptive, threatening, abusive, inciting of unlawful action or is otherwise objectionable in the opinion of KaChing;
  • Upload, email, or otherwise transmit any User Submissions that contains software viruses or any other computer code, files, or programs designed to (i) interrupt, destroy, or limit the functionality of any computer software; or (ii) interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site;
  • Upload, email or otherwise transmit any User Submissions that include code that is hidden or otherwise surreptitiously contained within the images, audio or video of any User Submissions that is unrelated to the immediate, aesthetic nature of the User Submissions;
  • Interfere with or disrupt (or attempt to interfere with or disrupt) any web pages available at the Site, servers or networks connected to the Site, or the technical delivery systems of KaChing's providers or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • Attempt to probe, scan or test the vulnerability of any KaChing system or network or breach or impair or circumvent any security or authentication measures protecting the Site or Services;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site or Services;
  • Attempt to access, search or meta-search the Site with any engine, software, tool, agent, device or mechanism other than software and/or search agents provided by KaChing or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari, or Opera), including without limitation any software that sends queries to the Site to determine how a website or web page ranks.
  • Collect or store personal data about other users without their express permission;
  • Impersonate or misrepresent your affiliation with any person or entity, through pretexting or some other form of social engineering, or otherwise commit fraud;
  • Solicit any User for any investment or other commercial transaction;
  • Violate any applicable law, regulation, or ordinance; or
  • Use the Site or Services in any manner not permitted by this Agreement.

 

8. Copyrighted Materials: No Unauthorized Use

YOU SHALL NOT USE THE SITE OR ITS SERVICES TO TRANSMIT, ROUTE, PROVIDE CONNECTIONS TO OR STORE ANY MATERIAL THAT INFRINGES COPYRIGHTED WORKS OR OTHERWISE VIOLATES OR PROMOTES THE VIOLATION OF THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. KaChing has adopted and implemented a policy, stated below, that provides for the termination in appropriate circumstances of KaChing Members who infringe or are believed to be infringing the rights of copyright holders:

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide KaChing's Copyright Agent listed below with the following information required under 17 U.S.C. § 512:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at the Site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit KaChing to locate the material;
  • Information reasonably sufficient to permit KaChing to contact the complaining party, including a name, address, telephone number and, if available, an email address at which the complaining party may be contacted;
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • KaChing's Copyright Agent for notice of claims of copyright infringement on or regarding this Site can be reached as follows:

    Copyright Agent
    c/o KaChing, Inc.
    3130 Alpine Rd.
    Suite 288-152
    Portola Valley, CA 94028

 

Upon receipt of notice as described above, KaChing will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Site, and/or termination of the KaChing Member's account.

9. Financial Nature of the Services.

You understand that the Services involve matters with respect to finance, such as investment strategies, stock quotes and in particularly the performance of certain stocks, stock portfolios and investors. The Services merely provides information for you. KaChing and its licensors are not responsible for the performance of or accuracy of any information provided by the Services. As described in Sections 11 and 12 below, KaChing makes no promise, express or implied as to the quality, accuracy or utility of the information provided as part of the Services and is in no way liable or otherwise responsible for any investment decisions made on the basis of such information.

10. KaChing Rules

The Services are also governed by the rules created by KaChing from time to time. The current rules governing the Services are set forth here (www.KaChing.com/rules). You agree not to take any steps designed to gain any improper advantage in using the Services, including, but not limited to, delaying the reporting of trades or other transactions so as to have the benefit of hindsight, making use of material, non-public information or any other deceptive or unlawful practice. KaChing reserves the right to monitor your usage of the Services and investigate suspicious activity. KaChing may terminate the account of any User who KaChing determines, in its sole discretion, has acted unethically or illegally or otherwise violated the rules or these Terms of Use.

11. Disclaimer of Warranties

Your use of the Site, Services, Content and User Submissions is at your sole discretion and risk. The Site, Services, Content and User Submissions, and all materials, information, products and services included therein, are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind. KaChing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. KaChing disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Site; or (ii) that the Site, Services, Content and User Submissions will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from KaChing, shall create any warranty not expressly stated in this Agreement. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

12. Limitation of Liability

IN NO EVENT SHALL KaChing, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT KaChing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL KaChing'S CUMULATIVE LIABILITY TO YOU EXCEED $100.

13. Indemnification

You agree to defend, indemnify, and hold KaChing, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of these Terms of Use; (iii) your violation of any third party right, including without limitation any intellectual property right, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party.

14. General

In the event that any provision in these Terms of Use is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The failure of a party to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. You may not assign this Agreement (by operation of law or otherwise) without the prior written consent of KaChing and any prohibited assignment will be null and void. KaChing may assign these Terms of Use or any rights hereunder without your consent. The relationship of the parties under this Terms of Use is that of independent contractors, and this Terms of Use will not be construed to imply that either party is the agent, employee, or joint venturer of the other. This Terms of Use shall be governed by and interpreted in accordance with the laws of the State of California excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Terms of Use will be brought exclusively in courts located in California and the parties hereby irrevocably consent to the personal jurisdiction and venue therein. You agree that this Terms of Use and the rules, restrictions and policies contained herein, and KaChing's enforcement thereof, are not intended to confer and do not confer any rights or remedies upon any person other than you and KaChing. This Terms of Use together with the rules and policies of KaChing constitutes the entire agreement between KaChing and you with respect to the subject matter hereof. Any notice or other communication to be given hereunder will be in writing and given (a) by KaChing via email (in each case to the address that you provide), (b) a posting on the Site, or (c) by you via email to notice@KaChing.com or to such other addresses as KaChing may specify in writing. The date of receipt shall be deemed the date on which such notice is transmitted.

15. Feedback

Your feedback is welcome and encouraged. You may submit feedback by emailing us at feedback@KaChing.com. You agree, however, that (i) by submitting unsolicited ideas to KaChing or any of its employees or representatives, you automatically forfeit your right to any intellectual property rights in these ideas; and (ii) unsolicited ideas submitted to KaChing or any of its employees or representatives automatically become the property of KaChing. You hereby assign and agree to assign all rights, title and interest you have in such feedback and ideas to KaChing together with all intellectual property rights therein.

If you have questions about these Terms of Use or about the Services, please contact KaChing at support@KaChing.com.

(c) 2007 KaChing, Inc. All rights reserved.