1 1. Acceptance of Terms Welcome to s Social Trading (the Social Trading Features ). Social Trading Features provide an integrated solution of equity trading and exploration of interactions among investors sharing and trading performance. Social Trading Features are operated in an isolated Mobile Trading Portal. If you cannot accept the terms for Social Trading Feature, then the Mobile Trading Portal shall be suppressed accordingly. Your use of the Social Trading Features is subject to these Terms of Service ( TOS ). ( 8Sec ) reserves the right to update and change the TOS from time to time without notice or acceptance by you. By using the Social Trading Features, you ( You, Your, The User ) signify your irrevocable acceptance of this TOS. 2. Description of Service 8Sec s Mobile Trading Portal provides you with access to a collection of resources, including trading, research, news, investing tools, and the Social Trading Features. Upon activation of your account, you may access the Mobile Trading Portal after you securely log in from From the Mobile Trading Portal you can readily access the Social Trading Features that enable you to: (1) Create an Investing Profile, this includes a unique user name, an avatar and a visual overview of your experience level and preferred investing style. Your identity is private and not shared with other community participants. Only your anonymous Investing Profile is visible; (2) Share news stories, research and general educational content with other community members in English and Chinese; (3) Ask & answer questions or share opinions with other community members via the forum in English and Chinese; (4) View most the most actively traded stocks, holdings and aggregate trends of the community; and (5) View % gains and losses by a particular portfolio or stock (in percentage terms only). The Social Trading Features shall be provided to you free of charge. Unless explicitly stated otherwise, any new feature that augments or enhances the Social Trading Features, including the release of new tools and resources, shall be subject to the TOS. In order to use the Social Trading Features, you must obtain access to 8Sec s Mobile Trading Portal over the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. You also understand and agree that the Social Trading Features may include certain communications from 8Sec, such as service announcements and administrative messages, and that these communications are considered part of 8Sec s
2 membership and you will not be able to opt out of receiving them. You agree not to access the Social Trading Features by any means other than through the interfaces that are provided by 8Sec. 3. Ownership of Account and Security You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the Social Trading Features. You agree to immediately notify 8Sec of any unauthorized uses of the account or any other breaches of security. 8Sec cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 4. Content and Conduct Rules and Obligations You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials ( Contents ) are the sole responsibility of the person from which such Contents originated. You understand that the languages used in the Social Trading Features are restricted to English and Chinese. This means that you, not 8Sec, are entirely responsible for all Contents that you upload, post, transmit or otherwise make available via the Social Trading Features. 8Sec does not control the Contents posted by community members and, as such, does not guarantee the accuracy, integrity, quality or availability of such Contents. You understand that the content or any information included or posted to the Social Trading Features is provided for informational and educational purposes only, and does not constitute a recommendation by 8Sec and / or its service and information providers to enter in any of the securities transactions or to engage in any of the investment strategies presented in such content or information. You understand that the Contents may contain opinions from time to time with regard to securities and / or investment strategies, and that opinions in one section of the Contents may be different from those in another section of the Contents. You understand and agree that, other members of the Social Trading Features may write about securities and/or investment strategies in which they have a position, and that they may trade for their own account. You understand and agree that at the time of any transaction that you make, one or more registered users may have a position in the securities written about. You understand that performance data is supplied by sources believed to be reliable, that the calculations herein are made using such data, and that such calculations are not guaranteed by these sources, the information providers, or any other person or entity, and may not be complete. From time to time, reference may be made in the Contents to previously published Contents. These references may be selective, may reference only a portion of the previously published Contents, and are likely not to be current. As markets change continuously, previously published information and data may not be current and should not be relied upon. All Contents are presented only as of the date published or indicated, and may be superseded by subsequent market events or for other reasons.
3 In addition, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. You acknowledge that 8Sec provides self-directed investors with discount brokerage services, and does not make recommendations or offer investment advice. You alone are responsible for evaluating the merits and risks associated with the use of 8Sec systems, services or products. You understand that all investments involve risks, losses may exceed the principal invested, and the past performance of a security, industry, sector, market, or financial product does not guarantee future results or returns. You acknowledge that you have read, understood and accepted the Terms and Conditions (located at Terms and Conditions) that apply to your use of 8Sec s products and services. You understand that for any questions or concerns regarding a particular trade, service or transaction related to your securities trading account, you must contact 8Sec s customer service directly. You understand that certain regulations prevent 8Sec from publicly responding to individual customer issues. Complaints or grievances relative to a specific transaction or service of 8Sec posted in the Social Trading Features will be removed immediately. You understand that by using the Social Trading Features, you may be exposed to Contents that are offensive, indecent or objectionable. Under no circumstances will 8Sec be liable in any way for any Contents, including, but not limited to, for any errors or omissions in any Contents, or for any loss or damage of any kind incurred as a result of the use of any Contents posted, transmitted or otherwise made available via the Social Trading Features. You acknowledge that 8Sec does not pre-screen any Contents, but that 8Sec and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Contents that are available via the Social Trading Features. Without limiting the foregoing, 8Sec and its designees shall have the right to remove any Contents that violate the TOS or are otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Contents, including any reliance on the accuracy, completeness, availability or usefulness of such Contents. In this regard, you acknowledge that you may not rely on any Contents created by, or submitted to 8Sec. You acknowledge and agree that 8Sec may preserve Contents and may also disclose Contents if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Contents violates the rights of third-parties; or (d) protect the rights, property, or personal safety of 8Sec, its users and the public. You understand that the technical processing and transmission of the Social Trading Features, including your Contents, may involve
4 (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Should Contents be found or reported to be in violation with, but not limited to, the following terms, it will be in 8Sec s sole discretion as to what action should be taken. You agree that you will not: (a) upload, post, transmit or otherwise make available any Contents that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another s privacy (up to, but not excluding any address, , phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable; (b) impersonate any person or entity, including, but not limited to, an official 8Sec s forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Social Trading Features; (d) upload, post or otherwise transmit any Contents that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Contents that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party; (f) upload, post, or transmit unsolicited commercial or spam (including, but not limited to, (i) unethical marketing, advertising, or any other practice that is in any way connected with spam, such as sending mass to recipients who haven t requested from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical; (g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Social Trading Features or servers or networks connected to the Social Trading Features, or disobey any requirements, procedures, policies or regulations of networks connected to the Social Trading Features; (i) intentionally or unintentionally violate any applicable laws, including, but not limited to, regulations promulgated by the Securities and Futures Commission, and any rules of any stock exchange, including, but not limited to, the Hong Kong Stock Exchange, and any regulations having the force of law; (j) conduct Insider Dealing and other market misconduct including, but not limited to, False Trading, Price Rigging, Disclosure of information about prohibited transactions, Disclosure of false or misleading information inducing transactions and Stock market manipulation under Part XIII of the Securities and Futures Ordinance (Chapter 571 of Hong Kong Law); (k) stalk or otherwise harass another; (l) collect or store personal data about other users of the Social Trading Features; (m) promote, offer for sale or sell
5 (1) any security, financial or investment product or service; (2) item, good or service that (i) violates any applicable laws or regulations, (ii) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (iii) 8Sec or the Service and Information Providers determine, in their sole discretion, is inappropriate for sale; (n) use the Social Trading Features as a forwarding service to another website. (o) when discussing a particular company, stock or security, you will reveal any ownership interest in such company, stock or security. If any user is reported to be in violation with the letter or spirit of these terms, 8Sec retains the right to terminate such account at any time without further warning. 5. Additional Software With respect to any additional software that may be made available by 8Sec in connection with the Social Trading Features, if you elect to download or access such additional software, you understand that you may have to agree to additional terms and conditions before you use such software. 6. International Use Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Contents. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside. 7. Links The Social Trading Features may provide, or third parties may provide, links to other World Wide Web sites or resources. Because 8Sec does not have any control over such sites and resources, you acknowledge and agree that 8Sec is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Contents, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that 8Sec shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Contents, goods or services available on or through any such site or resource. 8. Indemnity You agree to indemnify and hold 8Sec and its parents, subsidiaries, affiliates, directors, officers, agents, co-branders or other partners, employees and shareholders, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Contents, your use of the Social Trading Features, your connection to the Social Trading Features, your violation of the TOS, or the infringement or violation by you of any intellectual property or other rights of any person or entity, whether you are a registered user or not. The User is solely responsible for his or her actions when using the Social Trading Features, including, but not limited to, costs incurred for Internet access.
6 9. Resale of Service You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Social Trading Features without the express permission by 8Sec. 10. General Practices Regarding Use and Storage You acknowledge that 8Sec may establish general practices and limits concerning use of the Social Trading Features and may modify such practices and limits from time to time. 11. Modifications to Service 8Sec reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Social Trading Features (or any part thereof) with or without notice at any time. You agree that 8Sec shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Social Trading Features. 12. Proprietary Rights You acknowledge and agree that the Social Trading Features and any necessary software used in connection with the Social Trading Features ( Software ) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Contents presented to you through the Social Trading Features are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by 8Sec, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Social Trading Features or the Software, in whole or in part. 8Sec does not want to receive any confidential or proprietary information from you through the Social Trading Features or by . Unless otherwise agreed in writing by an authorized representative of 8Sec, any material, information or idea you transmit to 8Sec by any means may be disseminated or used by 8Sec, or its affiliates without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Contents (as defined herein), or to personal information that is subject to 8Sec s Notice to Customers relating to Personal Data (Privacy) Ordinance. 13. General (a) Notices to you may be made via either or regular mail. (b) The Social Trading Features may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Social Trading Features. (c) The TOS and the relationship between you and 8Sec shall be governed by the laws of Hong Kong and 8Sec s obligations to adhere to the rules and regulations as a licensed corporation under the Securities and Futures Commission of Hong Kong (d) You and 8Sec agree to submit to the personal and exclusive jurisdiction of the courts located in Hong Kong. (e) The failure of 8Sec to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
7 (f) The TOS constitutes the entire agreement between you and 8Sec and govern your use of the Social Trading Features, superseding any prior agreements between you and 8Sec (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other 8Sec s services, third-party content or third-party software. (g) If any provisions of the TOS or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. (h) You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of The Social Trading Features or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 14. Violations The section titles in the TOS are for convenience only and have no legal or contractual effect. Please report any violations of the TOS to 8Sec by sending an to
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