TERMS OF USE

Last Updated and Effective as of January 2, 2021

 

1. Terms of Use

 

Snowball Capital LLP (referred to as “The Snowball”) is the owner of the website http://www.thesnowball.info (our “Site”), a financial literacy website that seeks to promote sound investment knowledge to investors globally. 

 

Our Site offers users access to certain services (“Services”) including, but not limited to, access to articles, access to forums, access to electronic broadcast channels like social messaging apps and email, as well as access to live events.

 

These terms of use together with the policies identified in Section 2 below (collectively referred to as the “Terms of Use”) constitute a legally binding agreement between you and us and serve to define the terms on which you may make use of our Site and Services of The Snowball.

 

Please read these Terms of Use carefully before you start to use our Site, and we recommend that you print a copy of this for future reference.

 

2. Other Applicable Terms

 

These Terms of Use refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

  • Our Cookie Policy, which sets out information about the cookies on our Site.

 

3. Use of Site and Services

 

A. Use of our Site and Services

 

Use of our Site includes accessing, browsing, or registering to use our Site. The information on our Site is for personal, non-commercial use only. By using our Site, or any other products or services of The Snowball, you are indicating that you have read and accepted these Terms of Use and the documents referred to below.  If you do not agree to these Terms of Use you may not use the Site.

 

B. Subscription, Account, and Password

 

In order to access certain Site content and other products and services of The Snowball, you will have to create an account and become a paying member (referred to as “Member” or “Subscriber”). Membership is offered for a period of one month from the date of subscription and will be automatically renewed for a one-month term at the expiry of the initial term (unless you cancel your Membership prior to the automatic renewal taking place). If you are not a Member you may browse all areas of the Site or use the parts of the Services that are not limited to Members only. To become a Subscriber, you must provide a valid payment method and other payment information at the time of registration. Please refer to Fees, Automatic Renewal and Termination below for further billing information.

 

The Snowball shall have the right at any time to change or discontinue any aspect or feature of the Services, including (but not limited to) the content, hours of availability, publishing frequency of the content and frequency of live events.

 

When you register, you will be asked to provide a username, password and/or other piece of information as part of our security procedures. You must treat such information as confidential. In particular, you are responsible for the privacy and safety of your password and you agree not to disclose it to a third party. By becoming a Member (i) you agree to immediately notify us of any unauthorised use of your password, (ii) you warrant that all information provided by you (whether at time of registration or afterwards) is accurate, true and complete at the time it is given; (iii) you consent to the use of electronic means to provide you with any notices given pursuant to these Terms of Use, and (iv) you consent to the use of electronic records to store information related to our Site or Terms of Use.

 

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@thesnowball.info.

 

Your access to any forums or community pages are privileges and not an essential part of any Membership plan. We have the right to block/deny/restrict the usage of the same by you at any time for any reason, including without limitation, any misuse, use in any manner inconsistent with this Agreement or inappropriate conduct, including  conduct which (i) is defamatory, obscene, pornographic, vulgar or offensive; (ii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; (iv) promotes illegal or harmful activities or substances, or encourages any conduct that would violate, any applicable law or regulation or (v) misappropriates or violates a third party’s any rights, or rights of publicity or privacy.

 

C. Fees, Automatic Renewal, and Termination

 

The day that you register to use our Site is the first day of your billing cycle. Your Membership will be automatically renewed and billing will occur monthly on a recurring basis from the date of your registration on our Site. The Snowball makes no guarantee to notify you of your automatic renewal prior to the renewal date. Should we fail to notify you in advance of the automatic renewal (or if you do not receive that notice for any reason, including a failure on our part) that failure does not affect the automatic renewal process. Our legal agreement with you will automatically renew and we will automatically take payment for the renewed term of the agreement.

 

We reserve the right to adjust the price of Membership at any time. By purchasing a Membership you authorise us to charge the applicable fee amount at the time of purchase or activation (at our discretion) and monthly thereafter. You understand and agree to the terms of the automatic renewal payment, and accordingly, authorise all charges made to your payment method in accordance with the auto-renewal.

 

We use a third-party company to perform Membership payment functions on our behalf. In the event that we are informed by the third-party payment company that your renewal fee has not been paid in full, you may be contacted by our third party payment company to rectify the payment issue and be asked to provide an alternative method of payment. In the event of a default in payment for any reason, we reserve the right to cancel your Membership at any time thereafter or to continue your Membership until the payment default is resolved.

 

You may cancel your Membership at any time by contacting us using the details below under the heading “Contact Us.” We reserve the right to cancel your Membership in the event of non-compliance with any of these Terms of Use.

 

To cancel your Membership, email us at admin@thesnowball.info. Your cancellation notice will be deemed effective on the next business day.

 

You will not be entitled to a refund of the monthly Membership fee in the event that your Membership is terminated part way through the month.

 

D. Grant of Limited License

 

Subject to your compliance with the Terms of Use, if you are a Member, you are hereby granted a limited, personal, non-exclusive, non-assignable, non-transferable, non-sublicensable right and license to access our Site and Services. Our Site, Services, and content may be used only for your own personal purposes, and no part of our Site, Services, or content may be copied, downloaded, uploaded, republished, posted, transmitted, reproduced, or redistributed by you. You are joint and severally responsible for any further dissemination by any third-party resulting from your breach of the license you have been granted.  This right and license to access and use our Site, Services, and content is personal to you and is not transferable to any other person or entity, nor may it be shared, resold, rented, licensed or leased by you. You are responsible to ensure that your use of our Site, Services, and content is for lawful purposes only and is in conformity with the requirements of these Terms of Service. You shall be responsible for protecting the confidentiality of your password(s), if any.

 

E. Rights You License

 

When you upload or post content to our Site, you grant the following licenses to us:

  • to modify, electronically reproduce and distribute, and publicly perform and display the content on our Site;

  • to reproduce and distribute through any media now known, or hereafter developed, excerpts of the content in advertisements for, and in marketing and promotional materials related to, our Site and/or other current or hereafter developed products/services developed by The Snowball;

 

F. Site Access and Changes to our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

 

You are responsible for making all arrangements necessary for you to have access to our Site.

 

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with all of them.

 

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

 

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

 

4. Changes to these Terms

 

We may modify any of these Terms of Use at any time by amending this page and we may at any time amend any of our policies referred to in these terms under Other Applicable Terms. Such amended Terms of Use and any amended policies shall govern our relationship. By continuing to access or use our Site after such modification of these terms, you agree to be bound by the modified Terms of Use. If any modified Terms of Use or modified policies are not acceptable to you, your sole remedy is to cease using our Site.

 

Please check this page from time to time to take notice of any changes we made, as they are binding on you. 

 

5. Important Securities Disclaimer

 

The contents found on our Site are provided to you for information only and should not be used as a basis for making any specific investment, business, or commercial decision. No content on our Site should be regarded as investment recommendations. The content on this website is not tailored to the specific circumstances of any reader. The Snowball and our Site contributors do/does not purport to be in the business of providing financial advice and the contents of the Site should not be regarded as such.

Investments in financial products are subject to market risk. Some financial products, such as currency exchange and/or stocks, are highly speculative and any investment should only be done with risk capital. Past performance figures as well as any projection or forecast used in our Site, are not necessarily indicative of future or likely performance of any investment products. 

 

Trading on margin carries a high level of risk and may not be suitable for all investors. The high degree of leverage can work for you as well as against you. Before investing in the market, you should carefully consider your investment objectives, level of experience, and risk appetite. The possibility exists that you could sustain a loss of some or all of your initial investment and therefore you should not invest money that you cannot afford to lose. You should be aware of all the risks associated with foreign exchange trading or stock and seek advice from an independent financial advisor if you have any doubts. 

 

Our Site is an information site only. Accordingly, The Snowball makes no warranties or guarantees in respect of the Site content. The publications herein do not take into account the investment objectives, financial situation or particular making an investment decision on the basis of information on our Site. In addition, you are advised that past performance is no guarantee of future performance.

 

The information contained in our Site is not intended to provide professional advice and should not be relied upon in that regard. It also does not have any regard to your specific investment objective, financial situation, and any of your particular needs. The Snowball accepts no responsibility for any use made of the information provided on our Site. All intellectual property rights are the property of The Snowball. The Snowball will not be held responsible for the reliability or accuracy of the information available on our Site. The content herein is provided in good faith and believed to be accurate; however, there are no explicit or implicit warranties of accuracy, completeness or timeliness made by The Snowball liable for decisions that are based on information from our Site.

 

You understand that performance data is supplied by sources believed in good faith to be reliable, that the calculations therein 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.  Employees of The Snowball and other contributors to the Site may hold or trade in positions in securities, currencies, commodities, and other financial investments mentioned on the Site for their own account.

 

Certain of the Site content constitutes “forward-looking statements” which can be identified by the use of forward-looking terminology such as “may,” “will,” “should,” “expect,” “anticipate,” “project,” “continue” or “believe” or the negatives thereof or other variations thereon or comparable terminology. Any projections, market outlooks or estimates on the Site are forward-looking statements and are based upon certain assumptions. Due to various risks and uncertainties, actual market events, opportunities or results or strategies may differ materially from those reflected in or contemplated by such forward-looking statements and any such projections, outlooks or assumptions should not be construed to be indicative of the actual events that will occur.

 

Any views, opinions, references or other statements or facts provided in this website are personal views of The Snowball and/or the relevant authors and contributors and are not supported, sanctioned or endorsed by any group or corporation.

 

6. Intellectual Property Rights

 

We are the owner or the licensee of, or otherwise have permission to use, all intellectual property rights on our Site and the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

 

If any pages are permitted to be downloaded from our Site, you agree to not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you agree not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

 

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

 

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us.

 

If you print off, copy or download any part of our Site in breach of these Terms of Use, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

 

You must instruct all persons who access our Site through your internet connection to comply with these rules.

 

7. Limitation of our Liability

 

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site, its content and our Services, whether express or implied.

 

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or

  • use of or reliance on any content displayed on our Site.

 

If you are a business, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;

  • business interruption;

  • loss of anticipated savings;

  • loss of business opportunity, goodwill or reputation; or

  • any indirect or consequential loss or damage.

 

If you are a consumer, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

 

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

The views, opinions, comments and information expressed by other users on our Site/community pages do not represent our views or values. Notwithstanding anything else in these Terms of Service, The Snowball should not be seen as endorsing any user content in any way. The user providing content is solely responsible for his/her own user content and is entirely responsible for any claims, loss or damages relating to such user content. The Snowball and its officers, directors, partners, employees, subsidiaries and/or affiliates, are not responsible for any content posted by any user. We do not investigate, monitor or check for accuracy or completeness of such content. You understand that by using the Site/community pages, you may be exposed to other users content that is offensive, indecent, or objectionable.

 

8. Viruses

 

We do not guarantee that our Site will be secure or free from bugs or viruses.

 

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

 

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

9. Linking to our Site

 

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

 

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

 

You must not establish a link to our Site in any website that is not owned by you.

 

Our Site must not be framed on any other Site, nor may you create a link to any part of our Site other than the home page.

 

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site other than that set out above, please contact admin@thesnowball.info.

 

10. Third Party Links and Resources in our Site

 

Where our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only.

 

We have no control over the contents of those Sites or resources and cannot accept any responsibility for any use made of the information from third party links and resources.

 

11. Indemnification

 

You agree to defend, indemnify, and hold us (and our officers, directors, partners, employees and agents), harmless from and against any claims, liabilities, damages, losses and expenses, including without limitation reasonable attorney’s fees and costs, arising from of or in any way connected with (i) access to or use of our Site by you (ii) violation by you of these Terms of Use or of any third party right (for example but without limitation, an intellectual property right, publicity, confidentiality, property or privacy right).

 

12. General

 

For subscribers located in the United States: You agree that we have the exclusive legal and marketable rights to our Site’s content, which may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Nothing in these terms of use can be construed to provide any transfer of a copyright right or other intellectual property right regarding content from us to you. For purposes of this paragraph, a transfer of a copyright right includes, but is not limited to, a license or sale of content from us to you.

 

You may only view, print, download, or temporarily store content for personal use and may not sell or alter any content created by us. No license of our content is granted by the use of our Site by you.

 

You understand that we are providing our contents from our headquarters outside the United States. Nothing in these terms of use should be construed by you in such a way that the services are being performed in the United States by us or any permanent establishment of ours.

 

Applicable Law: These Terms of Use, its subject matter and its formation, are governed by the laws of Singapore. You and we both agree to that the courts of Singapore will have exclusive jurisdiction.

 

Severability and Waiver: If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions will continue to be of full force and effect. Our election not to enforce (immediately or otherwise) any right or provision of these Terms of Use will not constitute a waiver of such right or provision.

 

13. Contact Us

To contact us, please email admin@thesnowball.info.

 

Thank you for visiting our site.