INTRODUCTION AND AGREEMENT
THE WEBSITE, OUR SERVICES AND GAMES ARE FANTASY TRADING CONTESTS INTENDED FOR ENTERTAINMENT PURPOSES ONLY. NO ACTUAL SECURITIES, STOCKS, OR SHARES ARE OFFERED FOR PURCHASE, SALE OR AS PRIZES. YOU SHOULD NOTE THAT WEBSITE USERS AND THOSE USING OUR SERVICES OR PLAYING OUR GAMES DO NOT OBTAIN ANY ACTUAL STOCK OR OTHER SECURITIES IN ANY COMPANY AND THEREFORE ARE NOT ENTITLED TO ANY VOTING RIGHTS, DIVIDENDS, RIGHTS TO ATTEND STOCKHOLDER MEETINGS, OR ANY OTHER BENEFIT OR ENTITLEMENT ASSOCIATED WITH THE OWNERSHIP OF REAL STOCK OR SECURITIES, NOR WILL ANY USER RECEIVE A MONETARY GAIN (OR LOSS) FROM ANY INCREASE (OR DECREASE) IN THE STOCK PRICE OF ANY STOCK OR SHARES OF ANY ACTUAL COMPANY. BY USING OUR WEBSITE, OUR SERVICES, AND OUR GAMES, YOU AGREE AND ACKNOWLEDGE THAT TRADEOFF IS NOT OFFERING TO BUY OR SELL SECURITIES, AND CONSEQUENTLY, TRADEOFF IS NOT REGISTERED WITH THE U.S. SECURITIES AND EXCHANGE COMMISSION, THE COMMODITIES FUTURES TRADING COMMISSION OR ANY REGULATORY AGENCY, AND TRADEOFF IS NOT A REGISTERED BROKER, NOR HAS IT MADE ANY REPRESENTATIONS TO THE CONTRARY.
ELIGIBILITY & LEGALITY
You hereby represent and warrant that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms and to abide by and comply with these terms. By Registering with this site and to receive these Services you acknowledge that you are at least 13 years of age, and if you are under the age of majority where you live, your use is supervised by a parent of legal guardian. In no event are users under the Age of 18 permitted to deposit or to win money on this site or by using these services. You must be at least 18 years of age to make a deposit. In jurisdictions, territories, and locations where the minimum age for permissible use of the Website is greater than 18 years old, you must meet the age requirement in your local jurisdiction or territory, which can be greater than the age of 18, except players in Massachusetts must be at least 21, and, players in Alabama and Nebraska must be at least 19. You must be a citizen or resident of the United States of America “US” or Canada and that you have an address in the US or Canada , are physically located and reside in a jurisdiction in which participation in any game or app or use of the Website or the Services is not prohibited by applicable law. The prohibited States are currently, subject to change, include Arkansas, Iowa, Louisiana, Michigan, Montana, South Carolina, Tennessee, Vermont and Washington. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties. If you do not meet the eligibility requirements of this section, then you are not authorized to participate in the games, contests, or win prizes.
You acknowledge and agree that Tradeoff is authorized to act on instructions received through the use of your account, including your username and password, and that Tradeoff may, but is not obligated to, deny access or block any transaction made through use of your account without prior notice if we believe your account is being used by someone other than you, or for any other reason. Upon entering Tradeoff will only accept lawful owners of the specific payment method used to deposit to the their account. By adding the payment method to your account, you are confirming you are the/an authorized user. Tradeoff will only accept payments from authorized users of the payment method. If it is determined that account users make a deposit with an unauthorized payment method, these funds will be deemed invalid, canceled and forfeited against your account balance.
Tradeoff may require you to change your username or may unilaterally change your username.
Tradeoff offers games of skill based on market analysis and simulated trading of real and or artificial stock market data, forex data, futures data, and or securities based on information made available to the user. These are contests of skill, and we believe do not constitute gambling, however the jurisdiction in which you reside might view them as gambling or characterize them in some other way. Please ensure that it is legal for you to take part in games of this nature before signing up and participating. By continuing to use the Website and our Services, apps or games, you are warranting that you are not breaking any law, and hold Tradeoff blameless and harmless for any legal consequences should you be in violation of any law applicable to you.
- Employees, or immediate family members, may use the Services and the games, contests and apps for the purpose of testing the user experience, but may not withdraw money or prizes. Tradeoff consultants or promoters may play in games, contests and apps, but only if (i) their arrangement with Tradeoff does not permit them to have any access to non-public data or any other data not made available to all players and (ii) they do not receive any insider or confidential information or pre-release data or other advantages in their play
- It is not permitted per court order or other regulatory body.
- Providing inaccurate or false personal information to create an account or claim a prize.
- Using robots or other automated forms of scraping data from the site.
- Attempting to manipulate or harm the website in any form.
- Using another individual’s information to create an account or using another person’s account.
- Attempting to manipulate or gain an advantage with promotions, bonuses or referral offerings other than their intended use.
- Collusion on any level with other users, bots, computers programs or other means in order to manipulate normal game play to one’s advantage. Users accept that Tradeoff can pursue civil and criminal actions above and beyond the loss/forfeiture of account funds, prize winnings and can seek damages if one of the above is performed or if Account Users or others intentionally damage the website.
CONTESTS AND ENTRY
Users will be able to visit the Website and view the events available for entry. Each individual event has an entry fee listed. When you select to participate in an event and complete the entry process, the listed amount of contest fee will be debited from your Tradeoff account.
BONUSES AND PROMOTIONS
We occasionally offer bonuses to newly depositing users and for other marketing purposes. Unless otherwise stated, any unconverted pending bonus remaining in a player’s account 45 days after it has been initially credited can be removed by Tradeoff.
All entries and payments are final. No refunds will be issued. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the account was registered.
In the event that the identity of a user cannot be verified, payments may be made into our account and used for entry of events, however Tradeoff reserves the right to withhold payment out of the disputed account of funds to an unverified user until such time as user can comply with reasonable verification procedures. If a user cannot comply with reasonable verification procedures, the applicable prize may be awarded to another entrant(s) as stated below.
Tradeoff’s credit card payments are processed by Wirecard. In this capacity, Wirecard is acting as a ‘controller’ under Article 4 (7) of the General Data Protection Regulation (GDPR). For further details in this regard, please click the link below.
USA Customers that fund their accounts using credit cards in some areas in the USA might have a charge on their card for international foreign exchange fees or other international fees. Tradeoff utilizes some credit card processors outside the USA to process and in some instances these fees are charged.
CONTEST PRIZES AND PROMOTIONS
CONTEST OF SKILL
Events offered on the Website are games of skill. Winners are determined by the objective criteria described in the Event guidelines, Rules, and any other applicable documentation associated with the event. You can refer to the Rules here. From all entries received for each Contest, winners are determined by the individuals who use their skill and knowledge of stock trading to meet the criteria for winning that game as published. The Website and Events may not be used for any form of illegal gambling.
In order to take part in an event or make use of our Service, or win a prize, you must register an account with a username, password, and valid e-mail address. This, and further requested information, may be requested from you in order to verify / determine the validity of your account information and is necessary to secure the payout of any winnings which may be due to you. Such information and documentation may include, but is not limited to your phone numbers, addresses, date of birth, proof of identification such as your driver’s license, citizenship, residency status, proof of residency, other documents that pertain to your identity such as social security number (or equivalent for non U.S. players), proof of payments, bank account details (only for payment of winnings), and/or other questions and data points pertinent to you. Should Tradeoff determine that incorrect information has been given, we reserve the right to suspend your account pending verification or termination.
Your username may not promote any commercial product or service, be offensive or contain vulgar language, or violate or infringe upon another’s intellectual property rights, or be inappropriate as determined by Tradeoff. Usernames that do not comply may be rejected, and the account may be suspended until a new name is registered. Failure to comply may result in suspension or termination of an account, in our sole discretion.
The sole purpose of creating an account is to take part in contests of skill as hosted by the Website. We retain the right to suspend, limit or terminate any account which we determine is created for any other purpose, including monies being deposited with no entry into contests. Under such circumstances, we reserve the right to notify any appropriate authorities. We may also declare you ineligible for any prizes.
Tradeoff does not guarantee that advertised or anticipated events will take place as advertised. We reserve the right to postpone or cancel any contest event for any reason, without prior notice. In such circumstances, all entry fees will be reversed to the users’ accounts. Tradeoff reserves the right to move players from one contest to another if the contest is materially similar and this is at the sole discretion of Tradeoff.
Tradeoff may further exercise its sole discretion to disqualify any user from any event, the use of our Service, or terminate any user’s account if user is determined to be in violation of these Terms, any applicable law, or participating in conduct deemed by Tradeoff in its sole discretion to be unlawful, unfair, corrupt or otherwise improper.
Each user may only have one account and only make one entry per each event. The use of multiple accounts will render the entry invalid.
Use of electronic software, computer systems, or linked applications to control the trades within a game environment is prohibited, and amounts to fraud. Furthermore, Tradeoff reserves the right to monitor trading patterns within the game as well as any suspicious online activity to determine whether electronic intervention is detected in the gaming controls.
Within each event, Tradeoff may (but is not required to) provide market analysis tools, including historical data relevant to the trade in question, and customisable charts and tables to allow analysis of trends and the current market situation. TRADEOFF MAKES NO GUARANTEE ABOUT THE ACCURACY OF THESE TOOLS, NOR THE DATA THAT THEY PRESENT, AND USE OF THESE TOOLS IS AT THE RISK OF THE USER.
By depositing funds or entering events, you agree to provide us with all relevant information to allow us to verify your account should it prove necessary, as well as to do any credit checks or background checks which might be necessary. Failure to verify your account will result in it being suspended, and withdrawal of your funds being suspended until verification can take place.
Should it be illegal for you to make payments or enter contests of this sort due to your age, geographical location or other factors, this will not invalidate the payment made. Entries into events are forfeited once the event begins. However illegality may affect your ability to win the event and withdraw your winnings, and if it is determined that you are not legally able to enter the event or place monies on deposit, any winnings may be declared forfeit and your withdrawal limited to unused monies still in your account.
Any monies to be withdrawn from your account will be paid back to the account from which they were deposited. We reserve the right to refuse to accept monies where the details of the account do not match the details of the payment source, and withdrawals will not be done into a third party account or designated beneficiary, unless a valid power of attorney is provided.
Withdrawal of any amount may take some time, depending on the extent of account verification and assessment procedures we need to perform. You will be sent a verification e-mail within 24 to 96 hours to confirm that your payment has been authorized on our system. If no monies appear in your account within 72 hours of this mail, or you do not receive this mail within one week of requesting a withdrawal, please notify at firstname.lastname@example.org or talk to our Customer Service Agent via the Live Chat.
Withdrawals are monitored closely and you might be asked to provide additional information or asked to perform KBA when withdrawals are requested. You might also be asked to provide proof of identification such as your driver’s license, proof of residency and/or other documents that pertain to your identity and residency status.
Any suspicious financial transactions will be flagged and may be reported to the appropriate authorities in any country exercising jurisdiction over the transaction or the user.
In the event that you are issued, allocated or win any ‘non-valued’ credits, which can be used for entry into contests or other services, these credits have no cash value and cannot be withdrawn. No financial compensation will be made, and if you do not use these credits in the manner in which they are intended, then you will forfeit them.
All entry fees and winnings are indicated in US dollars. In the event or of a tie on a contest, the winnings will be split. Winings can not be transferred to any other user. There are no transfers or substitutions of prizes. Any questions or concerns from players in regarding the segregation of account funds can be sent to email@example.com.
You are the sole responsible party for meeting your tax liabilities, including disclosing any winnings from Tradeoff. We do not offer tax advice, nor should any information we provide be construed as tax advice. It is a federal requirement for us to collect certain information from you and to provide you with a 1099 tax form on an annual basis to comply with tax authorities. In this regard, refer to the “ACCOUNT DETAILS” section above for information that we require from you. Failure to co-operate will be grounds for termination of your account. We reserve the right to refuse to allow withdrawal of any funds should you not provide us with the requested information.
Under no circumstances will we be liable to pay, reimburse or otherwise cover the payment of any such tax, or be liable to you in any way whatsoever in relation to your payment of taxes.
TERMINATION AND EFFECT OF TERMINATION
Upon termination of your account, your user and password will be revoked and your right to use the Service or take part in games will also cease.
If you wish to voluntarily terminate your account, please contact us at firstname.lastname@example.org.
DISCLAIMER OF WARRANTIES
This Website, the Service, games and applications, and all software and content is make available “AS IS” and “WITH ALL FAULTS.” Neither we, to the fullest extent of the law, nor any holding company, affiliate or subsidiary or agent make any representation, warranty or endorsement as to its suitability for any purpose, nor is it warranted to be error free, privacy of messages sent through the website or hyperlinks to third parties, the security of the transmission of data through the site or linked sites or its accessibility and will be free from interruptions.
We do not warrant that your activities or use of our Website or Service, games and applications is lawful in any particular jurisdiction. By using this Website, our Services, games and applications, you understand that you are using it at your own risk and you warrant that your actions are lawful, and indemnify Tradeoff, its partners, subsidiaries, affiliates and agents from any liability.
LIMITATION OF LIABILITY
You acknowledge that you assume full responsibility for your use of our Website, Service, games and applications. You agree that any information you send or receive may not be secure, and may be intercepted or later acquired by or disclosed to any unauthorised or authorised persons other than us. You acknowledge and agree that the use of the Website, Service, games and applications is at your own risk and agree that neither Tradeoff, nor any partners, employees, officers, directors, subsidiaries, affiliates and agents, supplier, service provider, licensor or affiliated party will be liable to you or your heirs or assignees for any direct, indirect, incidental, special, consequential, punitive, exemplary or other damages of any kind, including (without limitation) compensatory damages.
The company or its subsidiaries is not responsible for any equipment, software, or hardware or other technology of users of the website. This includes, but is not limited to, viruses, power surges, fraud, interruptions, server errors, technical delays, security breaches, network errors or disruptions and/or other items. By using the website, you are using it at your own risk and are waiving your right to any claim currently or in the future.
INTELLECTUAL PROPERTY RIGHTS
The content on the Website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (the “Intellectual Property”), are owned by or licensed to Tradeoff, subject to copyright and other intellectual property rights under domestic laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners.
We do not guarantee that the Website, Services, games or apps will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access the Website, Services, games or apps. You should use your own virus protection software. You must not misuse the Website, Services, games or apps by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, Services, games or apps, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may be committing criminal offenses. We will report any such breach to the relevant law enforcement agencies/authorities and we will cooperate fully with those agencies/authorities by disclosing your identity to them. In the event of such a breach, or suspected breach, your right to use the Services will cease immediately.
COMPLAINTS AND DISPUTE RESOLUTION
Should there be a claim, complaint or dispute arising from current or past transactions, or concerning the Website, the Services, the games or the applications, please contact us at email@example.com.
In the event of Tradeoff being unable to settle the dispute to your satisfaction, either party must refer the dispute to an arbiter in the area of domicile of Tradeoff, in the state of Colorado. Such arbiter shall reach a binding decision after consideration of all representations, and such decision shall only be subject to review except on the basis of gross and manifest error.
BINDING ARBITRATION AND CLASS WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, WHICH AFFECT YOUR LEGAL RIGHTS. INITIAL DISPUTE RESOLUTION. We would like to try to work disputes out with you informally. You can contact our customer department at firstname.lastname@example.org, to address your concerns. Our customer department is able to resolve most concerns quickly to our players’ satisfaction.
APPLICABLE LAW AND CONSENT TO ARBITRATION
bring an action in state or federal court to protect our respective intellectual property rights (“intellectual property rights” in this context means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights); or
seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
For any dispute not subject to arbitration, for any reason whatsoever, you and Tradeoff agree to submit to the personal and exclusive jurisdiction and venue of the federal and state courts of the County of Denver. You further agree to accept service of process by mail, and hereby waive any and all jurisdictional and venue defenses otherwise available.
RIGHT TO OPT OUT FOR 30 DAYS
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address:
Trade Off, LLC
9546 S. Dallman Drive,
Suite 445, Conifer,
The notice must be sent within 30 days of October 14, 2016, or your first use of the Website, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms above. If you opt-out of these arbitration provisions, we will also not be bound by them.
The section titles in these Terms are for convenience, and shall have no binding value or contractual effect.
Failure to exercise a right under these Terms, or arising out of the relationship between the parties, will not constitute a waiver of that 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 the use of the Website, the Services, the games, contests or apps must be filed within one (1) year after such claim or cause of action arose or forever be barred.
Any provision of these Terms which is found by arbitration or competent court to be invalid will be severed from the remainder of the provisions, which shall remain valid and of full force.
Tradeoff has the right to change these terms of service and any amendment to these term by Tradeoff will become valid and binding immediately upon being published and amended here. By continuing to use our site and service you are consenting to the changed Terms and signalling your awareness of same.
Except as expressly provided, there shall be no third party beneficiaries of these terms.
Last revised: November 6, 2018