In these Terms: “Charges” means the subscription charges payable by the Subscriber in respect of the Subscription Services; "Intellectual Property Rights" means all intellectual property rights wherever in the world arising, whether registered or unregistered, and including any application or right of application for such rights (including without limitation copyright and related rights, moral rights, registered and unregistered trademarks, patents, design rights and database rights); "Registered User" means a person who has created an account with the Website; "Divscreen Content" means news articles, blogs and other textual content that we write and publish for free on the Website, identified by being authored by either Divscreen or our staff; “Subscription Service” means one of the paid-for data and screening subscription services and data analysis (“Divscreen Data”) available on the Website from time to time; “Subscriber” means a Registered User who has subscribed to a Subscription Service; “Third Party Content” means financial news, articles, advertising and/or other content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) that is published on the Website, but is provided by third parties (for example content sourced from external publishers including news organisations and research houses), “Divscreen Data” means data that we source from third party data suppliers and any intermediate algorithms and calculations that we undertake in respect of that data; "Trial Period" means a period during which the Subscriber can access a Subscription Service without paying the Charges; "Use" means any use and includes, without limitation, viewing, storing, reproducing, displaying, publishing, distributing, broadcasting and/or creating derivative works; "User Content" means content (including without limitation video, textual, graphic, photographic, audio and audio-visual content) uploaded or otherwise provided for publication by a Registered User for Use on or in relation to the Website; and "Website" means the website at www.divscreen.com or any successor site operated by us from time to time. References in these Terms to "we" or "us" means the company Divscreen; and references in these Terms to "you" mean the person using the Website or holding a Registered User account with the Website.
We or our licensors own the Intellectual Property Rights in the Website and material on the Website. You may view, download for caching purposes only, and print material from the Website, in each case for personal use only, and subject to the restrictions set out below. Non-personal use is a violation of these Terms. Save to the extent that you own (or are properly licensed by a third party to exercise) the relevant rights, you must not: (a) republish or redistribute material from the Website (including republication or redistribution on another website or in any other format); (b) sell, rent or sub-license material from the Website; (c) edit or otherwise modify any material from the Website; (d) make any charge in relation to or carry on by way of business any activities in relation to any material obtained from the Website; or (e) show (whether for commercial purposes or not) any material from the Website in public. You must not use any material from the Website for any improper or unlawful purpose or conduct any scraping, data mining or automated data collection in relation to the Website. You must not use the Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website, or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The Website is designed for use in the EU only and the information on it relates to investments marketed to residents of the EU. You must not use the Website in any country where its use is or would be prohibited by local laws. You may only Use the Website if you are at least 18 years of age.
Access to certain areas of the Website is restricted to Registered Users and may be further restricted to Subscribers. We reserve the right to restrict access to other areas of the Website, or indeed the whole Website, at our discretion. You must not use the login details or password of any other person to access restricted areas of the Website.
In order to become a Registered User, you must create an account using the Website interface, and click on the activation link in the email that we will send to you. Registration is needed to subscribe for the Subscription Service. Registered Users must not allow any other person to use their user ID and password, and they must ensure that that user ID and password are kept confidential. Registered Users accept responsibility for all activities that occur under or in relation to their user ID and password. Upon our request, Registered Users will provide to us proof of their identity and/or age. We may also be required by law or regulation to identify Registered Users and disclose their details to a third party including the relevant legal or regulatory authority if requested by them to do so. We may alter or restrict the services and areas that Registered Users have access to, and/or delete any Registered User's account, in our sole discretion without notice or explanation.
Subject to the Divscreen Data warranties in Section 6 below, we do not undertake to monitor Third Party Content that appears on the Website. Nor do we warrant that Third Party Content providers have adhered to these Terms, although we use reasonable endeavours to remove Third Party Content which breaches these Terms after it has been brought to our attention. If you become aware of any Third Party Content on the Website which breaches these Terms, you should notify us of that content immediately.
You acknowledge that the Website and the material on the Website may be changed from time to time without notice. As we provide Divscreen Content as a free service to all our users, we offer no warranties in respect of the preparation and publication of this content. Where we provide Divscreen Data as part of a paid Subscription Service, we warrant that we will take reasonable care in respect of ensuring the accuracy of that Divscreen Data (by ensuring that the underlying data is sourced from a reputable provider), and that we will use reasonable care and skill in the provision of the Subscription Service. If we are notified of a possible error in relation to the Divscreen Data, we will endeavour to notify our supplier of this issue, although we cannot be certain that they will be willing to correct the error identified. Notwithstanding the warranties above, Divscreen is not authorised to give investment advice and nothing on the Website should be interpreted as Divscreen seeking to offer such advice. Divscreen Content, Divscreen Data and/or relevant Third Party Content is provided ‘as is’ and may contain errors or inaccuracies. You should seek confirmation from an authoritative third party source of any information found on the Website upon which you may wish to rely. Use of Divscreen Content, Divscreen Data and/or Third Party Content is solely at the Subscriber’s risk. Subscriber acknowledges that the use and interpretation of the Divscreen Data and any data analysis provided as part of the Subscription Service requires skill and judgement. Subscribers shall at all times exercise their own skill and judgement in the Use and interpretation of the Subscription Service and shall be solely responsible for the purposes for which it is used and for all opinions, recommendations, forecasts and other comments made or action taken by Subscribers based wholly or partly on the Divscreen Data and/or shown data analysis. Divscreen’s Subscription Service includes access to pre-defined ranking methods. We do not choose the companies on these lists. The rankings are based on set quantitative criteria. You should consider the results of any screen as candidates for further research, not as a buy list or as a set of recommendations. Subject to the warranty given above in respect of the paid-for Subscription Service: (a) we do not warrant the completeness, veracity, bona fides or accuracy of the material on the Website; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up-to-date; (b) we do not grant to you any warranties or make any representations relating to the Website or your Use of the Website, and to the fullest extent permitted by applicable law we exclude all warranties and representations. You acknowledge that the material on the Website submitted by third parties (including our Registered Users) from time to time is the sole responsible of the third party who has submitted that material. If you become aware of any inaccuracy or error on the website, please let us know.
You will indemnify us and keep us indemnified against any loss, damage, expense, cost or liability incurred or suffered by us arising out of any breach by you of any of these Terms, or arising out of any claim that you have breached any of these Terms.
Our Website is a financial data and news portal, discussion forum and content aggregator. Divscreen is not a broker/dealer, we are not an investment advisor, we have no access to non-public information about publicly traded companies, and this is not a place for the giving or receiving of financial advice, advice concerning investment decisions or tax or legal advice. We are not regulated by the Financial Services Authority. We are an educational platform for analysing, learning & discussing general and generic information related to stocks, investments and strategies. No content on the site constitutes - or should be understood as constituting - a recommendation to enter in any securities transactions or to engage in any of the investment strategies presented in our site content. We do not provide personalised recommendations or views as to whether a stock or investment approach is suited to the financial needs of a specific individual. Where we present screens or rankings, the results should only be treated as candidates for further research, not as a buy list or set of recommendations. Screening/ranking may help to narrow a search based on pre-defined criteria but it is not a substitute for independent research reflecting your individual criteria for investing/trading. Divscreen Content and Divscreen Data is intended to be used and must be used for informational purposes only. It is very important to do your own analysis before making any investment based on your own personal circumstances. You should take professional financial advice in connection with, or independently research and verify, any information that you find on our Website and wish to rely upon, whether for the purpose of making an investment decision or otherwise. Any arrangements between you and any third party contacted via the Website are at your sole risk. Accordingly, we will not be liable, whether in contract, tort (including negligence) or otherwise, in respect of any damage, expense or other loss you may suffer arising out of such information or any reliance you may place upon such information. Our Website is directed only to EU residents. For the avoidance of doubt, the Website is not being offered in the US or Canada or to US persons or Canadian persons. Nothing on this Website or any part thereof is intended to constitute an offer or solicitation to buy or sell investments in any jurisdiction. We do not therefore warrant that our Website complies with the applicable laws or regulations of any particular jurisdiction outside the EU. Accordingly, if it is prohibited to make information provided on this Website or any part thereof available in your jurisdiction or to you (by reason of nationality, residence or otherwise) the Website or any part thereof is not directed at you. You accept that if you are resident outside the EU, you must satisfy yourself that you are lawfully able to access our Website and, in particular, able to lawfully receive any document which contains links or allows you access to other websites in the country from where you are accessing the User Content, Third Party Content and/or Stockopedia Content. We do not accept any liability for any costs, losses or damages resulting from, or related to, the availability or content of the Website to persons in jurisdictions outside the EU or to persons who are nominees of or trustees for citizens, resident or nationals of other countries. We would like to draw your attention to the following important investment warnings: i) the value of shares and investments and the income derived from them can go down as well as up; ii) investors may not get back the amount they invested; and iii) past performance is not necessarily a guide to future performance.
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct or indirect loss or damage arising under these Terms, your Use of the Subscription Service or in connection with the Website, whether arising in tort, contract, or otherwise. Without limiting the generality of the exclusion of liability above, we will not be liable for any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings arising under these Terms, your Use of the Subscription Service or in connection with the Website, whether direct or indirect, and whether arising in tort, contract, or otherwise; nor will we be liable for any loss or damage arising out of any event that is beyond our reasonable control. If, notwithstanding the limitations of liability in these Terms, we are found to be liable to you, our liability is limited to Subscribers and to the Charges paid by the Subscriber in question. You agreed to the publication of feedback and comments about you by others on the Website, you acknowledge that such feedback and comments may be critical or defamatory, and you agree that you will not hold us liable in respect of any such feedback and comments, irrespective of whether we are aware or ought to have been aware of such feedback and comments. Nothing in these Terms will exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
The Website includes links to other websites. These links are not recommendations, and are provided for your information only. We have no control over the contents of those websites, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Divscreen and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on the Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
Without prejudice to our other rights under these Terms, if you (including for the avoidance of doubt Registered Users and Subscribers) breach any of these Terms in any way, or if we reasonably suspect that you have breached any of these Terms in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the Website and/or the Subscription Service; (c) delete your account; (d) permanently prohibit you from using the Website and/or the Subscription Service; (e) block computers using your IP address from accessing the Website; (f) contact your internet services provider and request that they block your access to the Website; and/or (g) bring court proceeding against you for breach of contract or otherwise. Where we suspend or prohibit or block your access to the Website, part of the Website, and/or the Subscription Service, you must not take any action to circumvent such suspension or prohibition or block (including without limitation using a different account).
The duration of any Trial Period shall be as specified on the Website. Use of the Subscription Service shall be free of charge during the Trial Period. Unless you provide Divscreen with notice to terminate the Subscription Service prior to the end of the Trial Period (by unsubscribing on the Website), the Charges provisions shall apply and govern your ongoing Use of the Subscription Service. After the Trial Period expires you shall be liable to pay the Charges. You accept that by providing your credit card details you authorise Divscreen to deduct the Charges (or instalments of the Charges) using such payment method (as applicable) on a regular basis and in advance until the you terminate or cancel your subscription to the Subscription Service. The amount of the Charges shall be as displayed on the Website and may change from time to time. However, where we bill you for any upgrade modules, we will only do so based on your request for these modules and with your consent to the proposed upgrade pricing. You may only have one Trial Period. Should we identify that you have already made use of a Free Trial Period with the Subscription Service, you will immediately be billed for the Charges.
Subject to the Trial Period provisions above, in consideration for the provision of the Subscription Service, Subscribers agree to pay the Charges applicable to the Data plan which they have selected as detailed on the Website and updated from time to time. Without prejudice to its rights to recover the sums outstanding from the Subscriber, should Divscreen not be able to withdraw any part of the Charges from the Subscriber’s credit card, Divscreen reserves the right to: 1. suspend access to the Subscription Service; or 2. terminate this agreement to access the Subscription Service.
At the end of each subscription period, a subscription will continue to automatically renew at the prevailing fee rate applicable to the Data plan which has been selected by the Subscriber, unless terminated by us or until the Subscriber notifies us of their decision to cancel their subscription to the Services. Either party may terminate this agreement to access the Subscription Service, which in the case of the Subscriber may be communicated to Divscreen by the Subscriber unsubscribing on the Website. If the Subscriber terminates this agreement to access the Subscription Service, the Subscriber shall ensure that it pays Divscreen all Charges owing up until the date of termination (including any outstanding interest) and will be entitled to use the service until the end of that billing period. The Subscriber shall not be entitled to any refund of charges it has already paid to Divscreen.
Under Part III of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you might otherwise have the right to cancel the agreement to access the Subscription Service without charge for 14 days after the day this Agreement has been concluded. However, when you successfully complete your order for our Subscription Service, you agree that the Product is immediately available to you (i.e. before the end of that cancellation period) and that we have therefore immediately commenced provision of the services for the purposes of the Regulations. As the services are provided at your request, you lose your right to cancel under the Regulations. It is only on the basis of this understanding that we are willing to offer you the free Subscription Trial Period outlined above. Any Billing Assistance will be conducted by email (support(at)stockopedia.com). Our customer service center will be open business days and hours Monday to Friday and closed on weekends.
All of our data subscription offer will remain in "beta" until we indicate otherwise. From time to time, Divscreen may also offer you access to certain new features of the Website as a "beta user". If you use beta features, you acknowledge that these features may not yet have been fully bug-tested and may therefore contain significant errors and issues. You undertake to notify Divscreen of any bugs you may find, where possible. You also accept that access to these features may be withdrawn at any time, without any notice given, if we decided that these features are to form part of a separate subscription offer.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect, and any such invalid or unenforceable provisions will be deemed omitted. No waiver of any provision of these Terms by us, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these Terms. These Terms are for the benefit of us and our users and are not intended to benefit, or be enforceable by, any other person. Any termination, rescission, amendment, variation, waiver or settlement under these Terms will not be subject to the consent of any third party. User Content posted on the Website may be retained by us either on-line or archived for a period of ten years. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these Terms. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer these Terms, or any of our rights or obligations arising under these Terms, at any time. We may vary these Terms from time-to-time by posting a new version of the Terms on the Website. If you are a Registered User or Subscriber, we may also give you notice of the variation. Your continued use of the Website after a variation will constitute your acceptance of the variation. These Terms constitutes the entire agreement between you and us in relation to your use of the Website, and supersede all previous agreements in respect of your use of the Website. These Terms will be governed by and construed in accordance with German law, and the German courts will have (subject to the following) exclusive jurisdiction to adjudicate any disputes arising out of or relating to these Terms. Both you and we irrevocably agree for the benefit of the other to settle any dispute which may arise out of, under, or in connection with these Terms or the legal relationship established by them, and for those purposes we both irrevocably submit all disputes to the jurisdiction of the German courts. For the exclusive benefit of Divscreen, Divscreen retains the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are, subject to the financial disclaimer in clause 8 above, entered into in the course of your trade or profession, the country of your principal place of business.
You should print a copy of these Terms for future reference. We will not file a copy of these Terms specifically in relation to you, and they may not be accessible on the Website in future. These Terms are available in the English language only. Last updated 22nd February 2021 (Version 1.8).