are owned by futurepredictions.com LLC
The Website is not a forum for the exchange of medical advice. While you may freely discuss your troubles, you should not look to the Website for information or advice on such topics. Instead, we recommend that you talk to a medical professional.
THE INFORMATION ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER REGARDING A MEDICAL CONDITION.
COMMENTS BY OTHERS ARE NOT ENDORSED BY THIS WEB SITE AUTHOR: Futurepredictions.com does not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted on forums, blogs or otherwise contained in the Website. Any information or material placed online, including advice and opinions, are the views and responsibility of those who post the statements and do not necessarily represent the views of Service Provider or its third party service providers. You agree that Service Provider and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
USE OF MATERIAL SUPPLIED BY YOU: For information regarding use of information about you that you may supply or communicate to the Website – you agree that by posting messages, uploading text, graphics, photographs, images, video or audio files, inputting data, or engaging in any other form of communication with or through the Website, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
In addition, please be aware that information you disclose in publicly accessible portions of the Website will be available to all users of the Website, so you should be mindful of personal information and other content you may wish to post.
IMPORTANT DISCLOSURE STATEMENT
You acknowledge that:
- the Service is provided for information and entertainment purposes only and is not intended for financial, investment, or trading purposes;
- the Service may include certain information taken from stock exchanges and other sources from around the world, talk show hosts, publications and other sources and as educational information and entertainment purposes only;
- the blog authors do not guarantee the sequence, accuracy, completeness, or timeliness of the information or comments;
- none of the information contained on this site constitutes a solicitation, offer, opinion, or recommendation by the authors of to buy or sell any security, or to provide legal, tax, accounting, or investment advice or services regarding the profitability or suitability of any security or investment; and
- inaccuracies or errors in or omissions from the blog information including, but not limited to, quotes and financial data; delays, errors, or interruptions in the transmission or delivery; loss or damage arising therefrom or occasioned thereby, or by any reason of nonperformance are all the sole responsibility of the reader.
Any statements that express or involve discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical fact and may be “forward looking statements.”
Forward looking statements are based on expectations, estimates and projections at the time the statements are made that involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements in this action may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or statements indicating certain actions “may”, “could”, or “might” occur.
Non-factual statements contained on this web site, including those regarding possible future events, constitute only subjective views and/or present intentions; are not representations or warranties; and are subject to change.
Futurepredictions.com LLC’s views or intentions with respect to purchases or sales of particular securities in the future may change. Sector and security recommendations may change. futurepredictions.com LLC obtained certain information from third party sources that futurepredictions.com LLC believes are reliable, but futurepredictions.com LLC has not independently verified the information and cannot guarantee its accuracy or completeness.
Indices are for illustrative purposes only; are unmanaged; assume reinvestment of income; do not represent the performance of actual accounts; and have limitations when used for comparison or other purposes because they may have different volatility, credit, or other material characteristics (such as number or types of securities).
This writing is for informational purposes only and does not constitute an offer to sell, a solicitation to buy, or a recommendation regarding any securities transaction, or as an offer to provide advisory or other services by Pension Partners, LLC in any jurisdiction in which such offer, solicitation, purchase or sale would be unlawful under the securities laws of such jurisdiction. The information contained in this writing should not be construed as financial or investment advice on any subject matter. Futurepredictions.com, LLC expressly disclaims all liability in respect to actions taken based on any or all of the information on this writing.
The information on this website solely reflects the analysis of or opinion about the performance of securities and financial markets by the writers whose articles appear on the site. The views expressed by the writers are not necessarily the views of Futurepredictions.com LLC or members of its management. Nothing contained on the website is intended to constitute a recommendation or advice addressed to an individual investor or category of investors to purchase, sell or hold any security, or to take any action with respect to the prospective movement of the securities markets or to solicit the purchase or sale of any security. Any investment decisions must be made by the reader either individually or in consultation with his or her investment professional. Futurepredictions.com LLC contributors, writers and staff may trade or hold positions in securities that are discussed in articles appearing on the website. Writers of articles are required to disclose whether they have a position in any stock or fund discussed in an article, but are not permitted to disclose the size or direction of the position. Nothing on this website is intended to solicit business of any kind for a writer’s business or fund. Futurepredictions.com LLC management and staff as well as contributing writers will not respond to emails or other communications requesting investment advice.
By accessing this Site you are agreeing to these terms and conditions. If you do not agree with the terms and conditions you should not access this Site and if you have any queries regarding these terms and conditions then please contact us.
1) We make no warranties, whether express or implied in relation to the accuracy of any information we place on the Website and/or the Services.
2) The Website and the Services are provided on an “as is” and an “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website and/or the Services, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage of trade.
3) We do not give tax or investment advice or advocate the purchase or sale of any security or investment. You (or your Corporate Subscriber, as applicable) should always seek the assistance of a professional for tax or investment advice.
4) We make no warranty that the Website and/or the Services will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the materials. We will not be responsible or liable to you (or any Corporate Subscriber) for any loss of content or material uploaded or transmitted through the Website and/or the Services.
5) You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and/or the Services and any information provided to or taken from the Website and/or the Services by you.
6) FUTUREPREDICTIONS.COM LLC will not be liable (jointly or severally) to you or any other person (including any Corporate Subscriber) as a result of your access or use of the Services for indirect, consequential, special, incidental, punitive, or exemplary damages, including, without limitation, lost profits, lost savings and lost revenues (collectively, the “Excluded Damages”), whether or not characterized in negligence, tort, contract, or other theory of liability, even if any of the FUTUREPREDICTIONS.COM LLC have been advised of the possibility of or could have foreseen any of the Excluded Damages, and irrespective of any failure of an essential purpose of a limited remedy.
7) Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees or any other liability which may not be limited or excluded under applicable law.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT FUTUREPREDICTIONS.COM LLC WILL NOT BE LIABLE TO YOU FOR ANY LOSSES WHICH RELATE TO YOUR BUSINESS OR INVESTMENT CHOICES OR WHICH ARE NOT A DIRECT CONSEQUENCE OF YOUR USE OF THE SITES/SERVICES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR LOSS OF PRIVACY OR LOSS OF OR DAMAGE TO DATA) OR WHICH ARISE AS A RESULT OF YOU USING THE SITES/SERVICES OUTSIDE THE SCOPE OF THESE TERMS AND CONDITIONS.
IN ADDITION TO BUT SEPARATE FROM THE ABOVE SPECIFIC EXCLUSION AND TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, YOU ALSO AGREE THAT FUTUREPREDICTIONS.COM LLC WILL NOT BE LIABLE TO YOU FOR ANY OTHER INDIRECT, SPECIAL, CONSEQUENTIAL INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES WHATSOEVER THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITES/SERVICES.
FAIR USE POLICY OF FUTUREPREDICTIONS.COM LLC
A citizen’s legal guide to fair use in copyright law
Submitted by New Media Rights on Mon, 11/05/2007 – 15:40
Citizen’s Guide to Fair Use
Fair use means that, despite the many restrictions of copyright law, there are certain circumstances where you can use content and no permission is necessary. Fair use is absolutely critical to many common daily uses of content, for example quoting other websites on your blog or podcast. Fair use is in many ways a safe harbor, a balance to what is an increasingly inflexible copyright system designed for and by established content companies. Content companies are daily using the fear of lawsuits to squelch the exercise of your fair use rights.
This guide is dedicating to encouraging you to use your fair use rights, because these rights are granted in federal law and rooted in the U.S. Constitution.
The most important aspect of fair use is that no permission is necessary from the original content creator, which means if you use the content in certain ways, no time or money needs to be spent tracking down the original creator.
For those of you creating a blog post, a parody video, a podcast, or any other new piece of content, this means that there will be times you can jump straight into creating your new work, and that work can make use of a pre-existing work.
While reading this guide, if you’re creating a piece of content to be shared on the Internet, try to keep the following in mind:
While nothing can completely shield you from getting sued, understanding your fair use rights empowers you to explore the boundaries of your rights.
While Fair Use is technically a defense one can raise when accused of copyright infringement, this “defense” carves out important exceptions that help grease the wheels of creativity.
The Fair Use section of U.S. Copyrighti law, Section 107, reads as follows
“…the fair use of a copyrighted work… for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright.”
So right off the bat the law gives you indication that some uses are more likely to be fair use: teaching, news reporting, criticism, scholarship, research.
The section then cites four key factors to determine if a particular use is “fair use.” This is the test for whether a use is a fair use.
-The purpose and character of the use
-The nature of the original content
-The amount & substantiality of the original content taken – both quantitatively & qualitatively
-The effect on the market for the original
The purpose and character of the use
Is it commercial or noncommercial? If the use is noncommercial, it is simply more likely to be considered a fair use.
Public interest: Is it for a non-profit educational purpose? If so, it is at more likely to be a fair use.
The conduct of the person using the content can be at issue here: if you did something like steal the content it can matter.
Is it Transformative or Superceding?
Does the use transform the original work or does it simply replace the original work.
Transformative means uses that don’t simply replace the original. such as taking a song from a legally purchased cd and ripping it for personal use on your mp3 player, or photocopying an article from a book or magazine you purchased so that you can take it to the library, this favors fair use.
Superceding means uses that simply replace the original, and favors a finding against fair use.
Note that if there is a clear licensing mechanism, this can weigh against a finding of fair use
Nature of the original content:
Is it Fact or Fiction? Fictional works simply get more protection than factual works. This has a lot to do with the fact that basic facts and ideas are not protected by copyright law. So it’s more likely that your use is “fair use” if you’re basing a new work off of a work of non-fiction(news reporting, a biography), rather than a work of fiction.
Is it Published or Unpublished? Unpublished gets more protection than published b/c of the right to control first publication.(Harper-no public figure exception to copyright law)
Amount taken: Did your use of the work take a lot or a little? Think both in terms of quantitatively how much you used and qualitatively how important to the work was what you took. In terms of quantity, did you simply quote one paragraph of someone’s eight paragraph blog post(likely fair use), or are you reproducing their rss feed in its entirety, with no commentary, on your website(likely not fair use). Qualitatively important? Amount and substantiality of portion used in relation to copyrighted work as a whole.
The market effect: This is the most important issue when fair use cases reach the courts, and is closely tied to the first factor, purpose of use.
So is your use a direct substitution for the original content – In other words, can people buy, download, or view the original content from you rather than the creator of the original content? This means even though you love the latest song from your favorite band, you can’t simply post the file on your blog or website in its entirety for the world to download, even if you’re not doing it for money.
The market for derivative works – even if your new work doesn’t compete directly with the work you are using (you made a rap version of my country song), you may have deprived me of the opportunity to sell the song to another rap performer and thereby make money from it.
Three important caveats
1. Acknowledgments are not a defense, and do not make a use a “Fair Use”. This is a myth. Please don’t join some creators who have the erroneous belief that an acknowledgment some how makes using some content a “fair use.” It may be considered by a court, but is not a clear defense.
2. Disclaimers are not a legal shield either. Another point of confusion is whether
an upfront disclaimer that denies any association between the content (your blog, podcast, video, image, etc.) and the copyrighted material can protect the new creator or user from liability. For example, assume you make a video podcast of the American Idol television show. Even if you include an upfront disclaimer stating “This podcast is not associated with or endorsed by Fox Television, ” it will not, shield you from a claim of copyright infringement, or act as a clear defense to such a claim either.
3. Not making money doesn’t necessarily make it a fair use. As we learned in the test above, the fact that a use is noncommercial, and you aren’t making any money off of the use of content, doesn’t mean you are protected from a claim of copyright infringement. So if you copy and distribute Spiderman 3 on Bittorrenti, simply not demanding any money for it does not
Enough Legalese, let’s apply Fair Use to the real (and virtual) world
Example 1: You have a blog about the war in Iraq. You write a new blog post offering your own opinion on some of the latest events, and in that post you quote one paragraph of an Associated Press article that was a total of 8 paragraphs. Conclusion: This is almost surely a fair use. This is one of the most common applications of fair use, quoting a portion of a work. The factors weighing heavily in favor of fair use include.
There is not much taken of the original article. People who visit your blog cannot simply read the Associated Press article on your blog, therefore doesn’t replace the original market (readers buying a newspaper or visiting a website).
Not only did you not take very much from the original article, but the quote also is only a portion of your own blog post. Your blog post could also be argued to fit into the protected area of news reporting,
The nature of the content in the Associated Press article is facts, not fiction, and thus generally is less protected then, say, a chapter of Harry Potter.
Example 2: Again, you have a blog about the war in Iraq. This time, you really liked today’s article in the New York Times, and think your readers should see this article. You begin the blog post by stating that “the NY times ran a really good article today talking about what is going on in Southern Iraq,” and after another sentence or two, you copy 7 of the eight paragraphs to complete your blog post. However, you provide a large link over to the New York Times original article, clearly attributing the content to the New York times and identifying the journalist who wrote the article. Conclusion: This is likely NOT a fair use. Even though it may be non-commercial, related to news reporting, and largely based on facts, your blog post would likely be considered copyright infringement. In this case a visitor to your blog basically gets the New York Times article in its entirety. So it could be argued your blog post can replace some of the market for the article, as visitors to your blog don’t really need to visit the New York times to read the article. The article(seven of eight paragraphs) is printed almost in its entirety without much commentary or criticism.
Excerpt of examples from the ccWiki Podcasting Legal Guide
(Attributioni: © 2006 Colette Vogele of Vogele & Associates, Mia Garlick of Creative Commonsi and the Berkman Center Clinical Program in Cyberlaw. This Guide was produced as part of the Non-Residential Fellowship Program of the Center for Internet & Society at Stanford Law School.)
Example 1: A book group organized by a high school teacher podcasts its meeting discussing J.D. Salinger’s Catcher In The Rye. The members discuss the book, read short portions of it aloud, and criticize and comment on the author’s style, the storylines, and the like. The podcast is posted on the book group’s blog site, which is hosted by the high school. The site includes no advertising and generates no revenue. Conclusion: This would likely be a fair use.
Example 2: A podcaster uses the copyrighted music of pianist George Winston for the intros and outros of her podcast that is about yoga and meditation. The podcast has nothing to do with commenting or critiquing the music played. Conclusion: This is likely not a fair use.
Example 3: A 10-minute podcast includes a group of music fans discussing a recent copyrighted article in Rolling Stone magazine about a new band.
One fan reads 4 paragraphs of the 6-paragraph article and comments on its analysis of the band. Another fan plays a 1-minute segment of the band’s copyrighted song, which is 2 minutes in length. The fan then discusses the music as it compares to other music in the genre. The fans post the podcast on a fan website where advertising is sold, and the fans receive revenue for their podcast.
Conclusion: This commentary/criticism by the fans in response to the article and song suggests a “fair use”, but the commercial/profit aspect of the site where the podcast is being distributed raises concern, as does the amount of the article and song taken in comparison to their overall length. Any negative effect on Rolling Stone magazine’s market or the band’s market for its music could cut against the fair use argument, though the podcasters might argue that the podcast promotes the Rolling Stone magazine article and band’s song, and that it is not a replacement for either (of course, this would likely be costly and difficult to prove in a trial setting). Given the flexible application of the fair use doctrine, and that the burden lies on the podcaster to prove fair use, podcasters in this situation could be found to infringe.
For Questions contact the webmaster at: email@example.com