THE SECTION BELOW TITLED “MISCELLANEOUS” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
(a) The ZeroSum Website. The ZeroSum Website allows you to compete in various contests by choosing the category of the Contest and achieve the highest relative profit to your peers in the competition on actions made through the life of the contest (each a “Contest”). You will have an opportunity to win prizes based on the final ranking you achieved as compared to your competitors according to the relative performance of your actions [actions are composed of buy and sell decisions in a Contest instrument for a given amount (“Trades”)] in the Contest.
(b) License to Use the ZeroSum Website. ZeroSum hereby grants you a limited, non-exclusive, non-transferable license to use a copy of the ZeroSum Website on a single mobile device or desktop that you own or control and access such copy of the ZeroSum Website solely for your own personal use. We reserve all rights in and to the ZeroSum Website not expressly granted to you under this Agreement.
We reserve the right to change any of the ZeroSum Fees, or the Entry Fees that we charge, or to institute new or additional fees, at any time upon notice to you. (d) Contest Prizes. Each Contest will run only if we have the total number of contestants required to compete in the Contest and prizes will only be awarded if a Contest is run. We reserve the right to cancel Contests at any time. In the event a Contest is cancelled, we will refund you the applicable Entry Fees for the cancelled Contest. If you are awarded a monetary prize as a result of competing in a Contest, that prize will be available for use or withdraw at the conclusion of the Contest, pursuant to confirmation by ZeroSum that the Contest was competed and closed without abnormality.
If you would like to use the ZeroSum Website, you will need to access the ZeroSum Website from any web browser on a mobile device or desktop. You will provide the appropriate credentials for creating an account on the ZeroSum Website through the Sign Up page. You may also at your discretion link your Facebook or any other social media account with the ZeroSum Website. You represent and warrant that all login information you submit is truthful and accurate and you will maintain the accuracy of such information. You are solely responsible for the confidentiality of your account, as well as for its use and misuse. You will promptly inform us of any need to deactivate your account. We reserve the right to delete your account at any time and for any reason.
The ZeroSum Website contains materials, such as photographs, software, technology, text, graphics, images, sound recordings, and other material provided by or on behalf of ZeroSum (collectively referred to as the “ZeroSum IP”). The ZeroSum IP may be owned by us or third parties. The ZeroSum IP is protected under both United States and foreign laws. Unauthorized use of the ZeroSum IP may violate copyright, trademark, and other laws. You have no rights in or to the ZeroSum IP, and you will not use the ZeroSum IP except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original ZeroSum IP on any copy you make of the ZeroSum IP. You may not sell, transfer, assign, license, sublicense, or modify the ZeroSum IP or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the ZeroSum IP in any way for any public or commercial purpose. The use or posting of the ZeroSum IP on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the ZeroSum Website and the ZeroSum IP automatically terminates. The trademarks, service marks, and logos of ZeroSum (the “ZeroSum Trademarks”) used and displayed on the ZeroSum Website are registered and unregistered trademarks or service marks of ZeroSum. Other company, product, and service names located on the ZeroSum Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with ZeroSum Trademarks, the “Trademarks”). Nothing on the ZeroSum Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of ZeroSum Trademarks inures to our benefit. Elements of the ZeroSum Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the ZeroSum IP may be retransmitted without our express, written consent for each and every instance.
You may post and/or create content through the ZeroSum Website, including but not limited to, Trade Data (hereinafter, “User Generated Content”). We cannot and do not review it all–we merely act as a passive conduit for distribution of the User Generated Content to other users of the ZeroSum Website. That said, we may remove User Generated Content that does not adhere to our Community Guidelines, or that is offensive or otherwise unacceptable to us in our sole discretion. As between us and you, you retain all copyrights and other intellectual property rights in and to the User Generated Content. You warrant and represent that you either own, or have a sufficient license to, all User Generated Content provided through your account. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, transferable license to use your User Generated Content as reasonably necessary for us to provide you and other users with the ZeroSum Website. Remember, once you submit User Generated Content through the ZeroSum Website, it may be accessible by other users, including any Personal Information included therein. Please carefully consider any User Generated Content that you submit through the ZeroSum Website.
By accessing and/or using the ZeroSum Website, you hereby agree that:
We reserve the right, in our sole and absolute discretion, to deny you access to the ZeroSum Website, or any portion of the ZeroSum Website, without notice, and to remove any content that does not adhere to these Community Guidelines.
By submitting any unsolicited information and materials, including comments, ideas, questions, designs, and other similar communications (collectively, “Unsolicited Information”) to us through the ZeroSum Website, you agree to be bound by the following terms and conditions. If you do not agree with these terms and conditions, you should not provide us with any Unsolicited Information. All Unsolicited Information will be considered NON-CONFIDENTIAL and NON-PROPRIETARY. We, or any of our affiliates, may use such communication or material for any purpose whatsoever, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and further posting. Further, we and our affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication or material you send to us for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. By submitting any Unsolicited Information, you are granting us a perpetual, royalty-free and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, distribute, transmit, publicly display, publicly perform, sublicense, create derivative works from, transfer and sell such Unsolicited Information and to use your name and other identifying information in connection with such Unsolicited Information.
You agree to defend, indemnify, and hold the ZeroSum Parties harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of this Agreement; (ii) your access to, use, or misuse of the ZeroSum Website; (iii) any User Generated Content provided through your account; and/or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
The ZeroSum Website is based in the United States. We make no claims concerning whether the ZeroSum Website, ZeroSum IP or any User Generated Content may be viewed or be appropriate for use outside of the United States. If you access the ZeroSum Website, the ZeroSum IP or the User Generated Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
We may terminate this Agreement and your access to all or any part of the ZeroSum Website at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the ZeroSum Website at any time without prior notice or liability.
In the event that any portion of this Agreement is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of this Agreement shall remain in full force and effect. This section, and the sections entitled ZeroSum Intellectual Property, Indemnification, ZeroSum Disclaimers and Limitation of Liability shall survive the termination of this Agreement. You may not assign this Agreement. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. In the event of a dispute arising under or relating to this Agreement (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website http://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sub-licensees.
We are a skill-based contest provider for currency and stock market gurus who want to compete for cash prizes and to demonstrate their abilities as traders.