PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE TRADINGBATTLES.COM OR ANY SERVICES OFFERED THROUGH THIS WEBSITE.
Acceptance of the Terms of Use
These terms of use are entered into by and between you and TradingBattles.com (the “Platform”, “we” or “us”).
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.tradingbattles.com (the “Platform”) and your access to and use of any content, functionality, media, analytics and services offered on or through the Platform, and your access to and use of all and any related sites and services.
The Platform, and all and any other content, functionality, product and services offered by us or through us, are referred to as the “Service”.
Please read the Terms of Use carefully before you start to use the Platform and any Service.
By using the Platform or any Service or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use in addition to our other terms and conditions as published on the Platform, including inter alia the Reward Tournament Terms and Conditions, and our policies as published on the Platform, i.e. Privacy Policy, incorporated herein by reference;
If you do not agree to these Terms of Use or any other terms and conditions or our policies as published on the Platform / the Privacy Policy and Cookie Policy, you must not access or use the Platform and any Services.
Who May Use the Platform
The Platform is offered and available to users who are of legal age, i.e. 18 years or older, in the users’ jurisdiction or place of residence.
By using the Platform and any Services, you represent and warrant that you are 18 years of age or older – i.e. of legal age in your jurisdiction or place or residence, and you are not barred to use the Platform and any Services under any applicable law, order, directive, regulation, or sanction list and you are using the Platform and any Services only for a lawful purpose. If you do not meet these requirements, you must not access or use the Platform and any Services.
Content and its intended use
We may change the format and content of the Platform and the Services from time to time without noticing you. You agree that your use of the Platform and the Services is on an ‘as is’ and ‘as available’ basis and is at your sole risk.
Whilst we try to make sure that all information contained in the Platform and any Services (other than any user-generated content) is correct, it is not, and it is not intended to be, any authority or advice on which any reliance should be placed.
Reliance on Information Posted
The information presented on or through the Platform and any Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
The Platform and the Services are not in any manner or in any form or part intended to constitute or form the basis of any advice (professional or otherwise) or to be used in, or in relation to, any investment or other decision or transaction.
We do not accept any liability (regardless of how it might arise) for any claim or loss arising from:
• any advice given;
• any investment or other decision made; or
• • any transaction made or effected;
in reliance on, or based on, any information on the Platform or in any of the Services, nor do we accept any liability arising from any other use of, or reliance on, the Services.
We do not enter into any terms or make any representations as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Platform and the Services and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Platform and the Service or relying on any of its content.
We cannot and do not guarantee that any content of the Platform and any Service will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including antivirus and other security checks) to satisfy your requirements as to the safety and reliability of content.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them.
Your continued use of the Platform and any Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this webpage frequently, so you are aware of any changes, as they are binding on you.
Accessing the Platform
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform and any Services, in our sole discretion without notice. We do not guarantee that our Platform or any content on it will always be available or will not be interrupted. We will not be liable if for any reason all or any part of the Platform and any Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform and any Services, or the entire Platform, to users.
You are responsible for:
• Making all arrangements necessary for you to have access to the Platform and any Services.
• Ensuring that all persons who access the Platform and any Services through your internet connection are aware of these Terms of Use and comply with them.
To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete. You agree that all information you provide to register using the Platform or otherwise, including, but not limited to, using any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You should use caution when inputting personal information on to the Platform on a public or shared computer so that others are not able to view or record your personal information.
Account Security
Be careful to keep your private keys, passwords, security codes and other security feature that you use to access the Platform or any Service. You must maintain the security of your account on the Platform (the “Account”) by protecting your login, password and security credentials from unauthorized access or use. It is your responsibility to ensure the security of, and your continuous control over, any device or account that may be associated with enhanced security features. You must properly read, use and follow the Terms of Use, our other terms and conditions regarding our Services and our policies, notify us if you discover or suspect any unauthorized access or use of your Account or any security breaches related to your Account. Upon receipt of written notice from you that the security of your Account has been compromised, we will take reasonable steps to protect your Account.
Please note that You are responsible for all activities that occur under your Account, and by agreeing to these Terms you accept all risks of any authorized or unauthorized access to your Account. You will be bound by, and you hereby authorize us to accept and rely on, any agreements, instructions, orders, authorizations and any other actions made, provided or taken by
anyone who has accessed or used your Account regardless of whether the access is authorized or unauthorized by you.
Please note that you may open only one Account within the Platform. Creation more than one Account is strongly prohibited and may lead to refusal of providing you with our Services.
Trademarks
The name of the Platform’s domain, the term “Trading Battles”, our logo and all related names, logos, Service and Service names, designs and slogans are our trademarks and are protected by law. You must not use such marks without our prior written permission. All names, logos, Service and service names, designs and slogans on the Platform and any Services (“Marks”) are the trademarks of their respective owners.
Nothing contained in the Platform or in any Service should be construed as granting any license or right to use any of the Marks for any purpose whatsoever without the written permission of, or entry into the applicable license terms with, the lawful owner. Unauthorized use of the Marks or any information is strictly prohibited and may violate trademark, copyright or other applicable laws. In the event you print off, copy or store any of our content (which you may do only as permitted by these Terms of Use), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
Intellectual Property Rights
The Platform and any Services and their entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by us, our licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Platform and the Services for your personal, noncommercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform and any Services, except as follows:
a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
c) You may print or download one copy of a reasonable number of pages of the Platform for your own personal, non-commercial use and not for further reproduction, publication or distribution.
You must not:
1. Modify copies of any materials from this site.
2. Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
3. Access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform and any Services.
If you wish to make any use of materials on the Platform or in any Services other than that set out in this section, please address your request to: contact@tradingbattles.com
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Platform and any Services in breach of the Terms of Use, your right to use the Platform and any Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Platform or any Services or any content on the Platform or any Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Platform not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Prohibited Uses
You may use the Platform and any Service only for lawful purposes and in accordance with these Terms of Use.
You agree not to use the Platform and any Service:
1. in any way that violates any applicable national, regional, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the EU or other countries);
2. for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms of Use;
4. to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
5. to impersonate or attempt to impersonate the Platform, a Platform employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
6. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Platform and any Services, or which, as determined by us, may harm the Platform or users of the Platform and any Services or expose them to liability.
Additionally, you agree not to:
1. republish, redistribute or re-transmit any data from any of our communications, analytics, and other Services without our permission;
2. copy or store any of our Services other than for your own personal non-commercial use and as may occur incidentally in the normal course of use of your browser or mobile device;
3. store any Services (including pages of the Platform) on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the Platform or the Service;
4. remove or change any content of any Service or attempt to circumvent security or interfere with the proper working of the Service or any servers on which it is hosted;
5. create links to the Platform from any other website, without our prior written consent, although you may link from a website that is owned and operated by you provided that (a) the link is not misleading or deceptive and fairly indicates its destination, (b) you do not state or imply that we endorse you, your website, or any Services or services you offer, (c) you do not create any misimpression or confusion among users with respect to sponsorship or affiliation, (d) you link only to the home page of the Platform (and you do not frame, replicate or use any of the Marks, including “Trading Battles”, or any variation thereof as a metatag), and (e) the linked website does not contain any content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
6. use the Platform or any Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Platform and any Services, including their ability to engage in real time activities through the Platform and through any Services;
7. use any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform;
8. create (whether for yourself or someone else) any financial Service or service which seeks to match the performance of, or the capital or income value of which is related to, any of our Service or services;
9. use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
10. use any device, software or routine that interferes with the proper working of a Platform.
11. introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
12. attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform.
13. attack the Platform via a denial-of-service attack or a distributed denial-of-service attack.
14. otherwise attempt to interfere with the proper working of the Platform.
Except to the extent expressly set out in these Terms of Use, you are not allowed to:
1. otherwise do anything with respect to any of the Service that it is not expressly permitted by these Terms of Use;
2. you must use the Platform and the Service, and anything available via such, only for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates;
3. all rights granted to you under these Terms of Use will terminate immediately in the event that you breach or fail to comply with any of these Terms of Use;
4. to do anything with the Platform and the Service that is not expressly permitted by these Terms of Use, you will need a separate license from us. Please contact us via contact@tradingbattles.com.
Changes to the Platform
We may update the content on the Platform and any Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform or in any Service may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Platform
All information we collect on the Platform is subject to our Privacy Policy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
Confidential Information
When using the Platform or any Services, data may be transmitted over an open network which may allow such communications to be intercepted by third parties. As a result, we cannot guarantee the confidentiality or security of any communication or data that you may transmit to us through the Platform.
Online Purchases and Other Terms and Conditions
Additional terms and conditions may also apply to specific portions, services or features of the Platform and any Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use. In the event of terms that are directly conflicting between these Terms of Use and terms of conditions for particular Services, the terms and conditions specific for the Services shall control.
Linking to the Platform and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
Links from the Platform
If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We reserve the right to withdraw linking permission without notice.
Third party services
Certain features of our Platform and Services may utilize services of third party vendors and business partners, which services may include software, information, data or other services. Certain of these vendors and business partners require users who utilize such features to agree to additional terms and conditions. Your uses of such features constitute your agreement to be bound by these additional terms and conditions. These third party terms are subject to change at such third party’s discretion.
The Platform is not responsible and does not assume any liability whatsoever for acts, errors or omissions of any third-party service provider.
Geographic Restrictions
We make no claims that the Platform or any of its content is accessible or appropriate in your country. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or any services or items obtained through the Platform or to your downloading of any material posted on it, or on the Platform linked to it. Your use of the Platform, their content and any services or items obtained through the Platform is at your own risk. The Platform, its content and any services or items obtained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. neither the Platform nor any person associated with the Platform makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Platform. without limiting the foregoing, neither the Platform nor anyone related to or associated with the Platform represents or warrants that our Platform, its content or any services or items obtained through the Platform will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Platform or the server that makes it available are free of viruses or other harmful components or that the Platform or any services or items obtained through the Platform will otherwise meet your needs or expectations.
The Platform hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement and fitness for particular purpose.
Some jurisdictions do not allow exclusion of warranties or limitations on the duration of implied warranties, so the above disclaimers may not apply to you in their entirety, but will apply to the maximum extent permitted by applicable law.
Limitation on Liability
In no event will the Platform, its affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, our Platform, or any websites linked to it, any content on the Platform or such other websites or any services or items obtained through our Platform or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. The foregoing does not affect any liability which cannot be excluded or limited under applicable law (which may include fraud).
The Platform will not be liable for any loss or damage arising from any use of your account by you or by any third party (whether or not authorized by you) including but not limited to cyber attacks, unauthorized access by any third party.
Indemnification
You agree to defend, indemnify and hold harmless the Platform, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Platform or any Services, including, but not limited to, any use of the Platform’s content, Services and services other than as expressly authorized in these Terms of Use or your use of any information obtained from the Platform.
Complaints and Dispute Resolution
If you have any feedback, questions, or complaints, contact our support service via e-mail at the following e-mail address: contact@tradingbattles.com.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. Our support team will consider your complaint. The support team will consider your complaint without prejudice based on the information you have provided and any information provided by us. Your complaint will be considered within a reasonable time. Support team will: a) offer to resolve your complaint in the way you requested or b) make a determination rejecting your complaint and set out the reasons for the rejection; or c) offer to resolve your complaint with an alternative solution. You agree to use the complaints procedure of this Section before filing any claim in a competent court. Failure to comply with this provision may be used as evidence of your unwillingness to settle the issue and/or the vexatious nature of the complaint.
Governing Law and Jurisdiction
All matters relating to the Platform or any particular Service and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Poland without giving effect to any choice or conflict of law provision or rule (whether of Poland or any other jurisdiction).
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Platform or any Service shall be instituted exclusively in the courts of Poland, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts, unless the prevailing legislation allows otherwise (and then only to the extent allowed under such prevailing legislation).
Waiver and Severability
No waiver of the Platform of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Platform to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, the terms and conditions of Services, including i.a. the ones regarding reward tournaments organized on and/or via the Platform and our policies as published on the Platform, including Privacy Policy, constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform.
Your Comments and Concerns
All feedback, comments, requests for technical support and other communications relating to the Platform should be directed to: contact@tradingbattles.com
The Platform is not responsible and does not assume any liability whatsoever for acts, errors or omissions of any third party.
We may share your personal data with third parties for purposes of providing Services. Please check our Privacy Policy for more details.