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tos.txt
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tos.txt
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TERMS OF SERVICE
================
PKScreener (“PKScreener”), acting through its MIT Open Source License, offers content via online platforms, including the open-sourced online desktop/console platform as well as including the telegram bot ("Software") developed by PKScreener. Please read these Terms of Service ("TOS") and the MIT LICENSE and Privacy Policy prior to registering or using any portion of PKScreener (the "Software," which consists of all content, data and screens located within the PKScreener GitHub repo and/or distributed to users via the online desktop/console platform or telegram bot), including accessing any downloaded data, reading material, chat rooms, telegram/WhatsApp channel and groups, telegram/WhatsApp bots or other electronic services. These TOS, and the Privacy Policy are agreements (the "Agreements") between you and PKScreener setting forth the terms under which you may access and use the Software. By using the Software, you accept and agree to be legally bound by the Agreements, whether or not you are a registered user. If you do not understand or do not wish to be bound by the terms of the Agreements, you should not use the Software. As used in this Terms of Service, "we," "us," and "our" refer to PKScreener.
We reserve the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page (text file), with an updated effective date. By accessing the Software after any changes have been made, you signify your agreement on a prospective basis to the modified TOS. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
RULES FOR ONLINE CONDUCT
========================
You agree that you are responsible for your own use of the Software. You agree that you will use the Software in compliance with these TOS and all applicable local, state, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all Indian (Bharat) and the United States export control laws.
As a condition of your use of the PKScreener and Software services, you will not use the Software in any manner intended to damage, disable, overburden, or impair any PKScreener server or the network(s) connected to any PKScreener server, or to interfere with any other party's use and enjoyment of the Software. You may not attempt to gain unauthorized access to the Software, other accounts, computer systems, or networks connected to any PKScreener server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Software, its servers, or associated computers through any means not intentionally made available through the Software.
THE FOLLOWING TYPES OF CONTENT ARE STRICTLY PROHIBITED ON the Software:
=======================================================================
1. Content that defames, harasses, or threatens others;
2. Content that discusses illegal activities with the intent to commit them;
3. Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
4. Profane, pornographic, obscene, indecent, or unlawful content;
5. Advertising or any form of commercial solicitation;
6. Content related to partisan political activities;
7. Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
8. Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
9. Furthermore, you agree not to scrape, or otherwise download in bulk, any Software content, including but not limited to a list or directory of users on the system, on-line analysis reports, images, excel workbooks or telegram bot/channel/group content, User Postings, user information, or videos. You agree not to misrepresent or attempt to misrepresent your identity while using the Software (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
10. Furthermore, you agree not to misrepresent or attempt to misrepresent your identity while using the Software.
USER ACCOUNTS AND AUTHORITY
===========================
In order to create a user account ("User Account") and to participate fully in Software activities, you must provide certain information about yourself. The Software will ask you details about you related to your User Account creation,maintenance,updation,deletion and/or sharing with other 3rd parties, from time to time or on a need-basis. You agree that you will never share access to or access information for your User Account with any third party for any reason, except when requested by PKScreener. In setting up your User Account, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
We care about the confidentiality and security of your personal information. Please see our Privacy Policy for more information about what information about you we collect and how we use that information.
Your right to use content on the Software
=========================================
For the purposes of these TOS, the term “Software Content” includes all content posted to/by the Software, including but not limited to texts, video, images, documents, excel workbooks and any other instructional, analytical or financial materials provided.
Unless otherwise indicated, Software Content is protected by Indian and the United States and foreign copyright laws, and you may engage only in personal, noncommercial use of the Software Content. You may not otherwise reproduce, retransmit, distribute, display, publish, commercially exploit or otherwise make available any Software Content in print, electronic, or any other medium. You may not record any portion of any content provided by the Software. Any additional presentation of any content or of materials derived from any content that was originally created by the Software is also strictly prohibited.
Certain reference documents, digital text, articles, and other information on the Software are used with the permission of third parties, and your use of that information may be subject to certain additional rules and conditions, which will be posted along with the information. By using this Software, you agree to abide by all such rules and conditions.
You are free to:
Share — copy and redistribute the analysis reports and/or content in any medium or format as long as you meet the guidelines of attribution noted in this Terms Of Service.
Adapt — remix, transform, and build upon the material as long as you meet the guidelines of attribution noted in this Terms Of Service.
Under the following terms:
Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use.
Noncommercial — You may not use the content and/or material for commercial purposes unless you have taken explicit permission from PKScreener in writing that is signed and endorsed by PKScreener. Such permission when given and/or endorsed by PKScreener must be taken periodically every month at the beginning of a calendar month, failing which you will be treated as non-compliant to this Terms OF Service and any/all permissions or endorsements given/issued earlier will no longer remain valid.
No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits.
Notices:
========
No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.
You agree to lose all copyright and other notices on any content you obtain from the Software. All rights in the Software and its content, if not expressly granted, are reserved.
Use of PKScreener Names, Trademarks and Service Marks
=====================================================
The “PKScreener ” names, logos and seals are trademarks ("Trademarks") of PKScreener. You may not use any of these Trademarks, or any variations thereof, without PKScreener’s prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in PKScreener’s sole judgment, gives the appearance or impression of a relationship with or endorsement by PKScreener.
All trademarks not owned by PKScreener that appear on the Software on or through the services made available on or through the Software, including the 3rd party trademarks, are the property of their respective owners.
Nothing contained on the Software should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark or Trademark displayed on the Software without the written permission of its owner.
Indemnification
===============
You agree to defend, hold harmless, and indemnify PKScreener and Collaborators, and their respective subsidiaries, affiliates, developers, programmers, officers, faculty, students, fellows, governing board members, agents, and employees from and against any third party claims, actions or demands arising out of, resulting from or in any way related to your use of the Software, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys' fees, of every kind and nature. In such a case, PKScreener or a Participant will provide you with written notice of such claim, suit, or action.
Choice of Law/Forum Selection
=============================
You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Software will be governed by the laws of the Courts of the Republic of India, excluding its conflicts of laws provisions. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving any of the Indian states that will be decided by PKScreener and will be binding on you. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive, and agree not to assert, any objection to such proceedings in those courts (including any defense or objection for lack of proper jurisdiction or venue or inconvenience of forum).
Privacy
=======
PKScreener respects your privacy. We do not collect personally identifiable information about you unless you voluntarily provide it, such as when you provide email contact information to subscribe to the newsletter, Software alerts via WhatsApp/Telegram or any other means provided by the Software, send feedback to PKScreener, or respond to a survey. If you voluntarily provide your email address or other contact information, we might also use it to inform you of changes to PKScreener, to survey you about your use or opinion of the Software, or to ask for your support. At your request, we will remove your contact information from our files.
We do not make your contact information or any other personally identifiable information available to anyone outside the Software or its service providers (who use the information only for authorized the Software purposes) unless we are legally required to do so.
In addition to the above, we collect certain anonymous (non-personally identifiable) information, as well as your location/IP information, your currently used operating system and/or platform as well as the currently logged-in username to help us improve the the Software and to evaluate the access and use of the Software and the impact of the Software on the worldwide FinTech community. Please choose your username such as not to divulge your identity. If your username or location or IP divulges your identity, you indemnify PKScreener by this TOS.
We collect information you provide about your use of and satisfaction with the Software through email you send us, through the the Software feedback form, and through the Software surveys, whether or not you voluntarily include your contact information.
We use the custom developed Analytics service, which collects certain data about this Software's traffic via a custom implementation that is open sourced under the PKScreener code repository.
When we report information about the Software access, use, and impact, we report aggregate, non-personally identifiable data. Occasionally, we report quoted feedback from users. We do not attribute feedback to specific individuals unless we obtain permission to use that person’s name along with the feedback.
Last Updated: 26 September 2024