Terms and Conditions

Please read these Terms and Conditions (“Terms”) carefully before accessing or using the website at www.stockcircle.com and all related websites, software, apps, and/or plug-ins (together the “Service”) made available by Stockcircle (“Stockcircle”, “us”, “we” or “our”).

1. Acceptance of Terms

1. Stockcircle operates the website www.stockcircle.com (“Website”), a platform that allows you to create a virtual stock portfolio and get information about potential stock transactions. Stockcircle does not provide financial advice or recommendations to buy specific stocks. All material delivered through the Website and Service is intended for informational purposes only.
2. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access and/or use the Service.
3. By accessing or using the Service, whether as a visitor or user of the Website, you agree to be bound by these Terms. These Terms serve to protect and safeguard your rights, the rights of other users, our rights and the rights of third parties in the course of operating the Website. If you do not agree to the terms of use, you must immediately stop using any part of the Service.
4. We reserve the right to change or adapt these Terms at any time and without giving reasons with effect for the future. You will be notified of these changes at least two weeks before they take effect by posting them on the Website and should you have created a user account on our Website by notifying your registered email address. You have the right to immediately cancel and terminate your account on our Website if you do not agree to the changes to the Terms. Changes shall be deemed approved by you if you continue to use the Service after the new Terms come into effect.
5. The use of the Service is subject to the Terms in force at the time of use.

2. Accounts and Registration

1. You have the option of creating a user account on our Website so that you can use the additional functions of the Website, in particular to create a virtual stock portfolio and get information about potential stock transactions. The opening of a user account can only take place with the agreement to these Terms.
2. Upon registration, Stockcircle and you enter into a contract for the use of the Website and the Services. There is no claim to the conclusion of this contract. Stockcircle is entitled to refuse your registration without giving reasons.
3. You may only register with Stockcircle if you are 18 years of age or if you act with the consent of your parents or guardian to register under these Terms. Stockcircle reserves the right to verify the consent of your parents or guardian. Therefore, you must provide an email address of your parents or guardian when you register, so that we can obtain a declaration of consent from your parents or guardian.
4. When you create an account with us, you must provide us with the information and data requested by Stockcircle that is accurate, complete, and current at all times. If your data changes after registration, you are obliged to correct the information in your account immediately.
5. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without authorization, or a name that is otherwise offensive, vulgar or obscene.
6. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. If you are not responsible for the misuse of your member account, you are not liable. You agree not to disclose your password to any third party. You must notify us immediately at [email protected] upon becoming aware of any breach of security or unauthorized use of your account.

3. Restrictions on use of the Service and Content

3.1. You represent and warrant to Stockcircle that by using the Service you will NOT:

1. impersonate any other person on the Services, e.g. a representative of Stockcircle or any other person responsible for the Services, or impersonate any non-existent relationship with such persons;
2. use the Service and/or Website for the storage, publication and/or transmission of "junk mails", chain letters, unsolicited bulk e-mails, etc., or for any other purpose. "("spamming");
3. send any data or store any data on a Stockcircle data carrier which, by its nature or nature (e.g. viruses), size or reproduction (e.g. spamming), is intended to impair or endanger the existence or operation of the Services and the Stockcircle data network;
4. make any electronic attacks of any kind on the Service or network; in particular, the use of computer programs to automatically read out data such as robots, spiders, etc. is prohibited;
5. use or exploit any metatags or other hidden texts containing the name or trademark of Stockcircle without the express written consent of Stockcircle;
6. collect, store or use any personal information, including member names and profiles, about other users;
7. copy the look and feel of the Website.

4. Violation of Terms and Termination of Use

1. Stockcircle reserves the right to restrict or suspend your access to the Services in whole or in part at any time, without prior notice and excluding any claim for damages on your part ("Suspension"), if there are reasonable grounds for suspecting violations by you of these Terms and/or the applicable Conditions of Participation.
2. If you prove within twelve (12) months after the Suspension that you have not violated the Terms the applicable Conditions of Participation, Stockcircle will lift the Suspension. If such proof is not provided within the 12-month period, Stockcircle is entitled to delete your member account including all its data.
3. Stockcircle expressly reserves the right to take legal action, in particular to assert claims for damages or to file criminal charges.

5. Disclaimer of Warranty; Links to other third party sites

1. The use of the Service is at your own risk. The Website and the Service are offered to you on an “as is” and “as available” basis. We do not warrant that the Website or the Services will always be uninterrupted, current, timely, secure, error-free or suitable for use for any particular purpose or to achieve any particular result.
2. Stockcircle does not guarantee that the content on the Website or on linked other sites is correct or complete. The content of the users or external parties does not reflect our opinions or views on life. The presence of links to other websites does not imply that Stockcircle endorses or recommends the linked website. Stockcircle has no influence on the contents of the linked external sites and is not responsible for them. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. Stockcircle is also not responsible for the advertising of third parties published on the Website or for the goods or services offered therein.
3. If Stockcircle becomes aware of any violations of the law through content, links to third-party websites or advertising published on the website, Stockcircle will immediately delete such content, links or advertising.
4. Stockcircle accepts no responsibility for errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures or unauthorized access or theft, destruction or modification of user communications. Likewise, Stockcircle is not liable for problems or technical malfunctions in connection with telephone networks or lines, online systems, servers or providers, computer equipment, software or for failures of e-mails or players due to technical problems or data jams on the internet and/or one of the Service, unless these are within the sphere of influence of Stockcircle.

6. Liability

1. We are liable for damages according to the statutory provisions unless otherwise stated below. In the case of breach of obligation – on any legal ground whatsoever – we are responsible for intent and gross negligence. In the case of simple negligence, we are liable only for (i) damage due to injury to life, body or health, and or (ii) damage due to serious breach of a fundamental contractual obligation (obligation the performance of which at all enables the due performance of the agreement and on the compliance on which the contractual partner usually relies and is entitled to rely). In that case, the liability is, however, limited to reimbursement of foreseeable and typical loss.
2. The above limitations of liability also apply in favour of our employees, staff, representatives and agents.
3. For claims under the Product Liability Act, the statutory provisions apply exclusively.
4. Claims for damages against Stockcircle shall become statute-barred after twelve (12) months from the date of their creation, unless they are based on intentional or grossly negligent acts.

7. Indemnification

You agree to defend, indemnify and hold Stockcircle and its affiliates harmless from and against any and all claims, damages, liabilities, losses or demands arising out of or in connection with (i) your use and access to the Website and/or Service; (ii) your violation of these Terms; (iii) infringement of third party rights (copyrights, trademark rights, personal rights, etc.) by you. The indemnity obligation includes the reasonable costs of legal defence, in particular lawyer's fees, necessary to defend against such claims.

8. Data Protection

Use of the Website and Service is subject to our Privacy Policy, which is available at https://www.stockcircle.com/privacy.

9. Choice of law, place of jurisdiction

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law and special funds under public law, the place of jurisdiction is Berlin.

10. Miscellanous

1. These Terms, our Privacy Policy, and any other legal provisions published by us on the Website, constitute the sole agreement between you and Stockcircle regarding your use of the Website and the Services.
2. Should individual clauses of these Terms be wholly or partially invalid or should these Terms contain gaps, this shall not affect the validity of the remaining Terms.