ProphetShares Website Terms of Use
At ProphetShares, LLC (“ProphetShares”), user privacy is an important concern. We are committed to privacy and security and to providing the best possible user experience for our users and online customers. We also strive to protect the personal and confidential information of those who use our online services and website. Click here- http://support.prophetshares.com/legal/privacy for our entire Privacy Policy. This policy may be updated by us from time to time, so please check here frequently.
Please read this agreement ("Agreement") carefully before using our website at https://www.prophetshares.com including the ProphetShares platform (the "Platform"). By accessing or using our website or the Platform, you agree to be bound by this Agreement and all of its terms. This Agreement is between ProphetShares and you the user. THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES AND A WAIVER OF YOUR CLASS ACTION RIGHTS.
THE TERMS SET FORTH IN THIS AGREEMENT ARE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF OUR WEBSITE AND THE PROPHETSHARES PLATFORM. BY ACCESSING OR USING OUR WEBSITE OR THE PLATFORM, YOU ARE ACCEPTING THESE TERMS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS. YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE PLATFORM OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THESE TERMS, DO NOT ACCESS AND/OR USE OUR WEBSITE OR THE PLATFORM. YOUR ACCESS AND USE OF THE PLATFORM IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS. IN ORDER TO USE THE WEBSITE OR THE PLATFORM, YOU MUST FIRST ACCEPT THIS AGREEMENT. BY ACCESSING OR USING ANY PART OF THE WEBSITE OR THE PLATFORM, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MAY NOT USE THE WEBSITE OR THE PLATFORM. THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY AT ANY TIME, EFFECTIVE WHEN POSTED ON THE WEBSITE. YOUR CONTINUED USE AFTER SUCH NOTICE WILL CONSTITUTE ACCEPTANCE BY YOU OF SUCH CHANGES.
PLEASE NOTE THAT THE PLATFORM AND THE SERVICES ON THE PLATFORM ARE NOT INTENDED FOR DISTRIBUTION TO OR USE BY ANY PERSON OR ENTITY IN ANY JURISDICTION OR COUNTRY WHERE SUCH DISTRIBUTION OR USE WOULD BE CONTRARY TO LAW OR REGULATION OR WHICH WOULD SUBJECT COMPANY TO ANY REGISTRATION REQUIREMENT WITHIN SUCH JURISDICTION OR COUNTRY, AND THE USE OF THE SERVICES IS UNAUTHORIZED IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE NOT TO ACCESS OR USE THE PLATFORM IN ANY SUCH JURISDICTION OR COUNTRY. YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT THE USE OF THE SERVICE IS LAWFUL IN THE JURISDICTION OR COUNTRY WHERE YOU ARE LOCATED.
AS A CERTAIN ELEMENT OF THE PLATFORM, YOU CAN EARN VIRTUAL ASSETS AS PART OF CERTAIN CONTESTS. THE VIRTUAL ASSETS HAVE NO CASH VALUE OUTSIDE OF THE PLATFORM. YOU MAY NOT SELL, TRADE, TRANSFER, CASH OUT, REDEEM OR IN ANY OTHER WAY EXCHANGE THE VIRTUAL CURRENCY FOR REAL MONEY OR FOR ANY REAL GOODS EXCEPT AS OTHERWISE PROVIDED BY PROPHETSHARES. YOU ACKNOWLEDGE THAT ALL SERVICES PROVIDED ARE STRICTLY FOR ENTERTAINMENT PURPOSES ONLY AND MAY NOT BE USED IN CONNECTION WITH ANY ILLEGAL ACTIVITIES. YOU AGREE THAT COMPANY WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY USER ACTIVITY YOU TAKE THAT MAY VIOLATE ANY LAW OF THE USER’S JURISDICTION.
Neither ProphetShares nor its representatives are engaged in rendering legal services or other such advice. Your use of the website and Platform is subject to the additional disclaimers and notices that may appear throughout the website.
ProphetShares and its representatives assume no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on the website or Platform. While we strive to keep the information on this website accurate, complete and up-to-date, ProphetShares and its representatives cannot guarantee, and will not be responsible for any damage or loss related to, the accuracy, completeness, or timeliness of the information or services on the website or Platform.
From time to time, ProphetShares may offer you the opportunity to acquire digital or virtual assets (collectively, “Tokens”). You acknowledge and agree that you are granted a limited, non-exclusive license to use Tokens in connection with, and solely as a part of, your use of the website and Platform and then only for the duration permitted by ProphetShares, and you shall have no ownership or property right, title, or interest in or expectation of Tokens, and any use of Tokens other than as permitted by this Agreement will constitute a violation of this Agreement. Tokens have no cash value and may not be redeemed for cash, or credit, and may not be sold, auctioned, bartered, brokered, purchased outside of the website. Any Tokens obtained in this manner will be considered to have been fraudulently obtained and deemed void and may be confiscated or cancelled by ProphetShares in its sole discretion. Tokens will not be replaced, reissued or credited if lost, stolen or otherwise altered or destroyed. Once you have redeemed your Tokens, there are no refunds, returns or exchanges for additional Tokens, cash, credit, or other goods and services.
Complete details of any opportunity to earn Tokens, which are subject to change or preemption without notice, are available through the website. The number and type of Tokens can be earned by participating in any opportunity will be disclosed when the opportunity is presented.
You may redeem Tokens for gift cards from participating retailers exclusively through ProphetShares website. Tokens can only be used for activities on the website and Platform and cannot be converted to cash or any other fiat. To redeem Tokens, you may be asked to verify your identity. You shall provide true, accurate, current and complete information about yourself. Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update your registration data to keep it current and accurate. You may be required to sign an Affidavit of Eligibility/Publicity and Liability Release and report as taxable income the value of any such prizes received by you. To collect a prize, you may be required to provide a valid Social Security number or other tax identification number and any other information reasonably requested by ProphetShares. ProphetShares may report the value of the prize to federal and/or state taxing authorities.
ProphetShares reserves the right to modify, amend or revise its Tokens program. The amount of Tokens required to redeem any prizes may be substantially increased and restrictions on any redemption may be imposed by ProphetShares in its sole discretion. ProphetShares reserves the right, in its sole discretion, to determine and modify, at any time, the value of Tokens and the amount of Tokens that may be earned for any given activity.
All details and restrictions of Tokens not specified in these terms or on the Platform will be determined by ProphetShares in its sole discretion.
Information Provided
The services include an online platform for users to compete in free to play markets, competitions, challenge other users, or interact socially. In addition to core functionality of the games, ProphetShares also provides ancillary features and services to members such as app usage, statistics and social community. Unless explicitly stated otherwise, any new features that augment or enhance the Platform shall be subject to these Terms. Any information in the contests, including, but not limited to team statistics, individual player statistics, matchups, or game scores shall be made available on an “AS IS” or “AS AVAILABLE” basis. . All of this information is to be used for entertainment purposes only and should be considered unofficial. Historical information or past performance is not indicative of future results. ProphetShares shall use reasonable efforts to obtain and disclose timely information, but ProphetShares does not warrant or make any representations of any kind with respect to the information provided. ProphetShares is not responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available, and shall not be responsible or liable for any error or omissions in that information.
THE PLATFORM UTILIZES SHARE PRICES AS DETERMING CONTEST WINNERS, BUT PROPETSHARES DOES NOT OFFER ANY FINANCIAL PRODUCTS OR ADVICE. ALL OF THE PRICING INFORMATION PROVIDED ARE FOR EDUCATIONAL PURPOSES ONLY AND ARE NOT MEANT TO INFLUENCE OR OTHERWISE ASSIST IN ANY DECISION BY A USER TO PARTICIPATE IN ACTIVITIES AVAILABLE ON THE WEBSITE OR PLATFORM.
Promotional Activities
By registering for an account, you agree that ProphetShares may display your username throughout the website and Platform, including, but not limited to areas such as leaderboards, individual competition records, social pages, message boards, chat rooms, etc.
In addition to these Terms, any sweepstakes, contests, games or similar promotions (collectively, “Promotions”) made available through the Platform may be governed by specific rules that are separate from these Terms. By participating in any such Promotion, you will become subject to those rules, which may vary from the terms and conditions set forth herein. We urge you to review any specific rules applicable to a particular Promotion, which will be linked from such Promotion, and to review our Privacy Policy which, in addition to these Terms, governs any information you submit in connection with such activities. To the extent such rules conflict with these Terms, such rules shall control with respect to the particular Promotion. Some of the Promotions may have prizes for winners.
We grant you access to this website and the Platform during the term of this Agreement solely to participate in Promotions and other services on the Platform. You may access, download, and print materials as necessary to participate. You may not license, copy, distribute, create derivative works from, frame in another Web page, use on any other website, or sell any information, databases, or lists obtained from this website or the Platform. When we request, you agree to provide true, accurate, and complete user information. You will not access or attempt to access password-protected, secure or non-public areas of the website or Platform without our prior written permission. You will comply with all privacy laws.
All materials on this website and Platform (as well as the organization and layout of the website and Platform) are owned and copyrighted, licensed by, or used with permission that is granted to ProphetShares. No reproduction, distribution, or transmission of the copyrighted materials at this website and Platform is permitted without the prior written permission of ProphetShares.
In order to use certain features of the website and Platform, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. If you use this website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. If your status as a user of the Platform is terminated, you will (i) stop using the website and any information obtained from the website or Platform, and (ii) destroy all copies of your account information, password and any information obtained from this website or the Platform. ProphetShares is not responsible for any loss or damage arising from your failure to comply with the above requirements.
As a condition of your use of this website and Platform, you warrant to ProphetShares that you will not use this website for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this website automatically ends.
You may not without our prior written permission use any computer code, data mining software, "robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this website or the Platform or accessed through this website or the Platform. You may not republish ProphetShares content or other content from this website or the Platform or any email content provided by us, on another website or use in-line or other linking to display such content without our permission. You may not introduce viruses, spyware, or other malicious code to this website. You represent and warrant that you use frequently updated, commercially-standard virus protection software to ensure that the system you use to access our website and the Platform is virus free.
If you are under the age of 18, you may not use this website or the Platform.
You further agree not to:
1. delete or revise any material or other information of any other user or ProphetShares;
2. harvest or otherwise collect information about others, including e-mail addresses, without their consent;
3. take any action that imposes an unreasonable or disproportionately large load on the website's infrastructure;
4. use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on this site;
5. use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar's or intelligent agents) to navigate or search the website other than the search engine and search agents available from ProphetShares on the website and other than generally available third-party web browsers;
6. allow any other person or entity to use your username or password for posting or viewing comments or sending or receiving materials;
7. attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website;
8. use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices;
9. use the website in any manner that could damage, disable, overburden, or impair any ProphetShares server, or the network(s) connected to any ProphetShares server;
10. interfere with any other party's use and enjoyment of any website;
11. attempt to gain unauthorized access to the website, services, other accounts, computer systems or networks connected to any ProphetShares server or to any of the services, through hacking, password mining or any other means; or
12. obtain or attempt to obtain any materials or information through any means not intentionally made available through the website or the Platform.
13. collude or coordinate with with any other account holder in order to manipulate the results of any of the Contests on the platform.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND PLATFORM AND THE SERVICES OFFERED AT THE WEBSITE AND PLATFORM IS AT YOUR SOLE RISK. THE WEBSITE AND PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ProphetShares EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS DISCLAIMER OF LIABILITY AND WARRANTY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
PROPHETSHARES DOES NOT WARRANT THAT THE WEBSITE, PLATFORM OR SERVICES ON THE WEBSITE OR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DOES PROPHETSHARES MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, PLATFORM OR RELATED SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED OR PURCHASED THROUGH THE WEBSITE OR PLATFORM.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ProphetShares SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, PLATFORM OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE OR PLATFORM; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, PLATFORM OR THE SERVICES. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES OR $100, WHICHEVER IS GREATER.
This website may contain hyperlinks to websites operated by parties other than ProphetShares or its affiliates. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their content. If we post hyperlinks to other websites, this does not mean that we endorse the material on such websites or associate ourselves with its operators. Your access to and use of such websites, including information, material, products and services on such website, is solely at your own risk. Furthermore, because ProphetShares privacy policy is applicable only when you are on our website, once linked to another website, you should read that site’s privacy policy before disclosing any personal information.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as (i) the link or your linking website does not portray ProphetShares, our affiliates, or our products or services in a false, misleading, derogatory, or otherwise offensive matter; (ii) your linking website complies with all applicable laws and does not otherwise violate this Agreement or the rights of others; and (iii) your website has, maintains and follows a privacy policy no less protective of user data than the privacy policy of this website. You may not use any ProphetShares logo or other proprietary graphic or trademark as part of the link without express written permission. We may revoke this license at any time, with or without cause, in which case you agree to immediately remove the hyperlink. You may not link to any page other than the home page of this website. Any link to our website should be a full forward link that passes the client browser to our home page without barriers. The "back" button should return the visitor to the original site if the visitor wishes to back out.
Should you respond with information including, feedback or data such as questions, comments, suggestions, or the like regarding the content of this website, such information will be deemed to be non-confidential. We will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute the information to others without limitation. We will be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products incorporating such information.
We may offer the opportunity for you to contribute your ideas, comments, questions and other communications to or from the website (the "User Content") in message boards, chat rooms, email and other features of the website ("User Areas") that may be offered from time to time and may be operated by ProphetShares or by a third party.
We provide email discussion lists and interactive forums for the convenience of ProphetShares, staff and certain other authorized individuals. These areas are merely provided as a forum for enabling participants to communicate about the subjects of interest. ProphetShares does not exert editorial control over information or materials posted by third parties in these areas or in materials that are emailed by third parties using email discussion lists. ProphetShares is not responsible for monitoring any materials posted by any third party or for verifying that such information or material is accurate, timely, reliable, suitable, complete, non-infringing, or free from technical defects. These limitations of warranties and liability apply to all email discussion lists and interactive forums.
We are not liable for any harm caused by the transmission, via the use of a list, of a computer virus, or other computer code or programming device affecting your software, hardware, data, or property.
You agree to abide by all applicable local, state, and federal laws and regulations and are solely responsible for all acts or omissions that occur under your account or password, including without limitation any User Content you create or upload.
You acknowledge that User Content is not endorsed by ProphetShares and such user content should not be considered to have been reviewed, screened, or approved by ProphetShares. You should exercise discretion before relying on information contained in user content.
We may, in our sole discretion, terminate your password, account (or any part thereof) or use of the website, and remove any User Content from a User Area, at any time and for any or no reason. ProphetShares will not be liable to you or any third party for any termination of your access to the website or deletion of any User Content on the website.
We may preserve and disclose User Content if required to do so by law or we believe in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of ProphetShares, any users of the website, and the public.
We will not be liable for the collection, use, or disclosure of any personal information by, in, or through a User Area offered by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party offering the User Area.
Subject to applicable law and privacy policy, any communications posted by you in a User Area (including, without limitation, User Content) are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. We are free to use the content of any such communication, including, without limitation, any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including, without limitation, developing, manufacturing, and/or marketing goods and services. You will be responsible for the content and information contained in any communication sent by you to this website or otherwise to ProphetShares, including, without limitation, for its truthfulness and accuracy.
We may make improvements or changes in the information, services, products, and other materials on this website, or terminate this website at any time. We may modify this Agreement at any time, and such modifications will be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this website will be deemed your acceptance of the modified Agreement.
You agree that: (1) Any claim, dispute, or controversy (whether in contract, tort, or otherwise) arising out of, relating to, or connected in any way with the website or the services provided on the website or the Platform will be resolved exclusively by final and binding arbitration conducted pursuant to the American Arbitration Association (“AAA”) Procedures for Consumer-Related Disputes in conjunction with the AAA Commercial Arbitration Rules (if and as applicable depending on the amount in controversy); (2) This arbitration agreement is made pursuant to a transaction governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (3) The arbitration will be held at the AAA regional office nearest you; (4) The arbitrator’s decision will be controlled by the terms and conditions of this Agreement; (5) The arbitrator will apply Kansas law consistent with the FAA and applicable statutes of limitations and will honor claims of privilege recognized at law; (6) There will be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only your individual claims and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) The arbitrator will not have the power to award punitive damages against any party; (8) In the event that the administrative fees and deposits you are required to pay under the AAA rules exceed $125, and you are unable to pay the additional fees and deposits, ProphetShares retains the right to forward them to the AAA on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, ProphetShares retains the right to pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision will remain in full force and effect and will be construed in accordance with its terms as if the invalid or illegal provision were not contained herein. You understand that, in the absence of this provision, you would have had a right to litigate disputes through a court, including the right to litigate claims on a class-wide or class-action basis, and that You have expressly and knowingly waived those rights and agreed to resolve any disputes through binding arbitration in accordance with the provisions of this paragraph.
This website is intended to and directed to residents of the United States and all advertising claims contained in this website are valid only in the United States. This Agreement and the resolution of any dispute related to this Agreement or this website will be governed by and construed in accordance with the laws of Kansas, without giving effect to any principles of conflicts of law. Failure by ProphetShares to insist upon strict enforcement of any provision of this Agreement will not be construed as a waiver of any provision or right. 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 this website or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any of these terms will be deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining term. You may have greater rights, or some of the provisions may be prohibited, by virtue of state or federal consumer protection laws. In such a case, to such extent, the subject provisions shall not apply to you.
ProphetShares and other logos, product and service names are trademarks and service marks owned by or licensed to ProphetShares or its affiliates (the "Marks"). Without the prior written permission of ProphetShares, or its appropriate affiliates, you agree not to display or use in any manner, the Marks.
All other trademarks are the property of their respective owners.
© Copyright 2024, ProphetShares, LLC. All rights reserved.
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify ProphetShares of your copyright infringement claim in accordance with the following procedure. ProphetShares will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
| By mail: | DMCA Copyright Agent c/o ProphetShares 13725 Metcalf Ave Suite 425 Overland Park, KS 66223 |
| By fax: | (913) 423-8240 |
| By email: | DMCAcopyrightagent@ProphetShares.com |
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. § 512(c)(3)):
· 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 copyrighted 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 that 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 the service provider to locate the material;
· Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail 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.
Emails sent to DMCAcopyrightagent@ProphetShares.com for purposes other than communication about copyright claims may not be acknowledged or responded to.
We will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact ProphetShares and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.
