Participation in a contest for which you are not eligible
will place you in breach of this Agreement and the applicable Rules
and result in the forfeiture of any prize or award earned and
subject you to civil and potential criminal liability.
4.
Registration
Registration for the Contest is an online process. To register,
click on the
Registration page. By registering to
participate in a Wall Street Survivor contest, you agree that any
and all information you supply in the registration process is
current, truthful and complete. You also agree that you, the
Participant, will be the only authorized user of the site using
your user name and password. You agree not to provide or make known
your user name and password to any other person for the purpose of
facilitating that person's access and unauthorized use of the site.
For questions regarding this Agreement or the
Rules for any contest, contact Customer Support at
support@wallstreetsurvivor.com
5.
License
The contents of the Wall Street Survivor site, including its "look
and feel" (e.g., text, graphics, images, logos and button icons),
editorial content, notices, software (including HTML-based computer
programs) and other material, are protected under both United
States, Canadian and foreign copyright, trademark and other laws.
These contents belong or are licensed to Wall Street Survivor. We
hereby grant you the right to view and use the site subject to this
Agreement. You may download or print a copy of the information site
contains for your personal, internal and non-commercial use only.
Permission to reprint or electronically reproduce any document or
graphic in whole or in part for any other purpose is expressly
prohibited without Wall Street Survivor's prior written consent.
6.
Copyright Policy
You may not post, distribute, or reproduce in any way any
copyrighted material, trademarks or other proprietary information
without obtaining the prior written consent of the owner of such
proprietary rights. Wall Street Survivor can terminate the
privileges of any registrant who repeatedly infringes the copyright
of any legal person. Without limiting the foregoing, if you believe
your work has been copied and posted on the Service in a way that
constitutes copyright infringement, email
legal@wallstreetsurvivor.com with the following
information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been
infringed; a description of where the material you claim is
infringing is located on the site; your address; telephone number;
email address; a written statement by you that you have a good
faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your notice
is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
DISCLAIMER: THIS SITE AND THE INFORMATION IT CONTAINS IS
MADE AVAILABLE "AS IS, " WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. We make no guarantee that the
information on this site is up to date, accurate, or complete and
you should not rely on it for any decision or to take any action.
By entering the Contest, you agree to waive any right to claim any
ambiguity or error in the Rules or the Contest itself and agree to
be bound by these Rules and by all decisions of Wall Street
Survivor, which are binding and final. Failure to comply with these
rules may result in disqualification from this Contest. In the
event of any unanticipated occurrence that was not fully addressed
by the Rules, Wall Street Survivor may modify the Rules to address
such occurrence. Any changes to the Rules will be posted on the
site. Wall Street Survivor conveys the information available on
this site without responsibility for accuracy and Participants
agree that errors contained in such information shall not be made
the basis for any claim, demand or cause of action. We hereby
disclaim any warranty that the information on this site will be
free of interruption or that the site is free of viruses, worms,
Trojan horses or other code that manifest contaminating or
destructive properties. Wall Street Survivor is not responsible for
telecommunications, network, electronic, technical or computer
failures of any kind, inaccurate transcription of entry
information, errors in any promotional or marketing materials,
errors in these rules, any human or electronic error, including but
not limited to, the administration of this Contest, or for entries
that are stolen, misdirected, garbled, delayed by computer
transmissions, lost, late or damaged.
CONTEST DISCLAIMER: All decisions by Wall Street Survivor
in computing points, creating awards, conducting drawings or in
conducting any and all other aspects of a Wall Street Survivor
contest are made by Wall Street Survivor in its sole discretion and
are final and not subject to appeals.
Wall Street Survivor SHALL BEAR NO LIABILITY WHATSOEVER IN
CONNECTION WITH THE DESIGN, DEVELOPMENT OR ADMINISTRATION OF ANY
CONTEST OR IN ANY OTHER RESPECT IN CONNECTION WITH YOUR INTERACTION
WITH THE SITE OR PARTICIPATION IN ANY CONTEST.
In the event this disclaimer is held not to be enforceable or is
otherwise invalidated, the maximum liability of Wall Street
Survivor, its subsidiaries, affiliates, employees, officers,
directors and agents to any contestant shall be the amount of that
contestant's entry fee in the applicable contest.
7.
Site Performance
Wall Street Survivor is not liable for any delay or failure of the
site or the Contest to perform. There is no guarantee that
Participants will be able to access the site whenever and wherever
desired. There may be extended periods of time when you cannot
access the site for various reasons, many beyond our control. Heavy
player traffic on the site may affect your access to the site. No
corrections or adjustments will be made for trades, attempted
trades or missed trades affected by the site's operation or
downtime. The Contest will not recognize the attempted trades the
site did not process.
Wall Street Survivor does not provide tax, legal, or investment
advice, nor is it authorized to provide such advice. We do not
endorse any opinions, recommendations or predictions regarding
stock performances that are posted on or linked from the site.
Mention of a particular security on the site does not constitute a
recommendation by Wall Street Survivor to buy, sell or hold that or
any other security, nor is it to be considered an offer or a
solicitation of an offer to buy or sell any actual security. You
hereby agree that any investment decisions you make will be based
solely on your evaluation of your financial circumstances,
investment objectives, risk tolerance, financial condition and
liquidity needs. We accept no liability for any direct or
consequential loss arising from any use of the information
available on the site.
9.
Indemnification
You agree to indemnify, defend and hold harmless Wall Street
Survivor, its officers, directors, employees, agents and affiliates
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, arising out of or relating to any
violation of this Agreement or any other wrongful activity related
to use of the site (including but not limited to infringement of
third parties' worldwide intellectual property rights or negligent
or wrongful conduct) by you or any other person accessing the site
using your user name and password. Winners assume all liability for
any injury or damages caused or claimed to be caused by his or her
participation in the Contest and/or the acceptance and/or use of
any prize, and release Wall Street Survivor and its parents,
subsidiaries, affiliates, agents and assigns and advertising and
promotional agencies and their respective officers, directors, and
employees (collectively "Released Parties") from any such
liability. Released Parties assume(s) no responsibility for any
injury or damage to Participant's or to any other person's computer
relating to or resulting from this Contest. Entry constitutes
permission (except where prohibited by law) to use winner's name,
city, state, likeness and/or voice for purposes of advertising,
promotion and publicity without additional compensation. Any
attempt by a Participant or any other individual to deliberately
damage any online service or website or undermine the legitimate
operation of the Contest or the site is a violation of criminal and
civil laws and should such an attempt be made, Wall Street Survivor
reserves the right to seek damages and/or other remedies from any
such person to the fullest extent permitted by law.
10.
Wall Street Survivor's Proprietary Right to Content
Winners of any phase of Wall Street Survivor contest waive all
rights of privacy and publicity and expressly allow Wall Street
Survivor to publicize their names and prizes as it sees fit.
By entering in the contest, you agree that Wall Street
Survivor may disclose your first name, last name, and state these
at any time during the course of, or after, the Contest, either on
the site, or through email notification, at the discretion of Wall
Street Survivor, except where prohibited by law.
You hereby agree that any information transmitted to the site in
connection with the Contest is not confidential and acknowledge
that you have no expectation of privacy with respect to such
information, subject to the terms of the site's Privacy Policy. By
completing a registration, you hereby agree that any and all
information that you supply in the registration process is current,
truthful and complete. To the extent that any such information is
not current, truthful and complete, you may be disqualified from
the Contest. Wall Street Survivor reserves the right to post any
and all of your portfolio and Wall Street Survivor Winners also
agree to make available photographs in a format acceptable to Wall
Street Survivor and pertinent biographical information for such
publicity. Any information posted to or on any area of the site,
including simulated portfolios, becomes the exclusive property of
Wall Street Survivor for use, reproduction or disclosure at Wall
Street Survivor's sole discretion.
11.
Content Posted and Activities on the Site
You understand and agree that Wall Street Survivor may review and
edit or delete any content, messages, photos or profiles
(collectively, "Content") that in the sole judgment of Wall Street
Survivor, violate this Agreement or which may be offensive, illegal
or violate the rights, harm, or threaten the safety of any Wall
Street Survivor Participants. You are solely responsible for the
Content you submit and/or publish or display (hereinafter, "post")
on the Service or any material or information you transmit to other
Participants. By posting Content on any public area of Wall Street
Survivor, you automatically grant, as well as represent and
warrant, that you have the right to grant to Wall Street Survivor,
an irrevocable, perpetual, non-exclusive, fully paid, worldwide
license to use, copy, perform, display and distribute such
information and content to Wall Street Survivor and that Wall
Street Survivor has the right to prepare derivative works of, or
incorporate into other works, such information and content, and to
grant and authorize sublicenses of the foregoing.
The following is a partial list of the type of Content and
Activities that are illegal or prohibited on the site. Wall Street
Survivor reserves the right to investigate and take appropriate
legal action in its sole discretion against anyone who violates
this provision, including without limitation, removing the
offending Content from the Service and terminating the registration
of each violator. Prohibited Content and Activities include, but
are not limited to:
- Content that is patently offensive and promotes racism,
bigotry, hatred or physical harm of any kind against any group or
individual
- Activity that harasses or advocates harassment of another
person
- Transmitting "junk mail", "chain letters, " or unsolicited mass
mailing or "spamming".
- Engaging in advertising to, or solicitation of, any Participant
to buy or sell any products or services through the Service,
including sports picks information.
- Promoting information that you know is false or misleading or
promotes illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous.
- Creating restricted or password only access pages or hidden
pages or images (those not linked to or from another accessible
page).
- Providing material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from
anyone under 18.
- Soliciting passwords or personal identifying information for
commercial or unlawful purposes from other users.
- Providing commercial activities and/or sales without our prior
written consent such as contests, sweepstakes, barter, advertising,
or pyramid schemes.
- Modifying, adapting, translating, or reverse engineering any
portion of the Wall Street Survivor service.
- Removing any copyright, trademark or other proprietary rights
notices contained in or on the Wall Street Survivor service.
- Using any robot, spider, site search/retrieval application, or
other device to retrieve or index any portion or the Wall Street
Survivor service.
- Reformatting or framing any portion of the web pages that are
part of the Wall Street Survivor service.
- Creating user accounts by automated means or under false or
fraudulent pretenses.
- Submitting Materials that falsely express or imply that such
Materials are sponsored or endorsed by Wall Street Survivor.
- Submitting Materials that infringe misappropriate or violate
the intellectual property, publicity, privacy or other proprietary
rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or
other items of a destructive nature.
- Submitting Materials that are unlawful or promote or encourage
illegal activity.
While Wall Street Survivor prohibits such conduct and content on
its site, you understand and agree that you nonetheless may be
exposed to such Materials and that you use the Wall Street Survivor
service at your own risk.
You must use the Service in a manner consistent with any and all
applicable laws and regulations. You may not engage in advertising
to, or solicitation of, any Participant to buy or sell any products
or services through the Service. Although Wall Street Survivor
cannot monitor the conduct of its Participants off the site, it is
also a violation of these rules to use any information obtained
from the Service to harass, abuse or harm another person or to
contact, advertise to, solicit or sell to any Participant without
their prior explicit consent. In order to protect our Participants
from such advertising or solicitation, Wall Street Survivor
reserves the right to restrict the number of emails which a
Participant may send to other Participants in any 24-hour period to
a number which Wall Street Survivor deems appropriate in its sole
discretion.
The Wall Street Survivor service is made available for your
personal, non-commercial use only. Businesses, organizations or
other legal entities may not use the Wall Street Survivor service
for any purpose.
You may not use the Wall Street Survivor service for any illegal or
unauthorized purpose. International users agree to comply with all
local rules regarding online conduct and acceptable content,
including laws regulating the export of data from the United States
or your country of residence.
You are solely responsible for your conduct and any data, text,
information, graphics, photos, profiles, audio and video clips,
links and other content that you submit, post, and display on the
Wall Street Survivor service.
We may, but shall have no obligation to, remove materials that we
determine in our sole discretion are unlawful, fraudulent,
threatening, libelous, defamatory, obscene or otherwise
objectionable, or infringes or violates any party's intellectual
property or other proprietary rights or these Terms of Service.
12.
Proprietary Rights to Third Party Content
By submitting, posting or displaying any Materials, including but
not limited to commentary, blogs and opinion, on or through the
Wall Street Survivor website, you automatically grant to us a
worldwide, non-exclusive, sublicenseable, transferable,
royalty-free, perpetual, irrevocable right to copy, distribute,
create derivative works of, publicly perform and display such
Materials. Except for that information which is in the public
domain or for which you have been given written permission, you may
not copy, modify, publish, transmit, distribute, perform, display
or sell any such proprietary information.
13.
Privacy
Wall Street Survivor reserves the right to prevent access by any
Participant who acts irresponsibly or inappropriately in playing
the Contest or in participating on Wall Street Survivor blogs or
discussion forums. Although all trading in the Contest is
fictional, Participants are expected to engage in trading activity
that fully complies with all federal, state and/or provincial
securities laws (including, without limitation, a prohibition
against insider trading), as if you were trading actual stocks.
Wall Street Survivor reserves the right to terminate Contest
participation by any Participants suspected of cheating, attempting
to exploit the contest or other inappropriate behavior. We, at our
sole discretion, may terminate or suspend your participation in a
Wall Street Survivor contest for any reason. Any suspected
fraudulent, abusive or illegal activity may be grounds for
termination of a contest, in whole or in part, without liability to
any contestant in that contest. Such activity also may be referred
to appropriate law enforcement authorities. During the Contest(s),
strict rules regarding player behavior will be enforced. These may
include penalties, up to and including disqualification, for foul
language, abuse of players or any other person during the Event, or
any other behavior that the Contest sponsor, in its sole judgment,
believes to be detrimental to its conduct of the contest(s). If you
are penalized or disqualified from the Contest(s) as a result of
any rules infraction all prizes will be forfeited.
15.
Electronic Communications
By registering for the Contest, you agree to receive Contest
updates in the form of emails throughout the Contest Term. By
registering with us, you also agree to conduct business with us
electronically and via the internet and to receive all required
notices and disclosures in electronic format, including but not
limited to email messages to an authorized email address that you
have provided us. These email messages may contain the required
notice or disclosure or may alert you to the availability of such a
notice or disclosure on our website. We also reserve the right to
effect delivery of notices or disclosures by posting to our site
with no email transmission, to the extent permitted by applicable
law. To access any of these notices or disclosures and to receive
email messages, all you need is a valid email address, access to
the internet and any generally available commercially available Web
browser, such as Internet Explorer or Netscape Navigator. If, at
any time, you wish to withdraw your consent to the receipt of
electronic communications, you must notify Customer Service at
support@wallstreetsurvivor.com. We will regard
such withdrawal as a termination of your registration with us and
of your participation in any then-current or future contest. You
may request paper copies of any electronic notice or disclosure we
provide; however, we reserve the right to refuse or to assess a
service charge to respond such a request, at our sole discretion
and to the extent permitted by applicable law. If, at any time, you
would like to change the email address you have provided, you must
notify Customer Service via email at
support@wallstreetsurvivor.com.
16.
Assignability
You may not transfer any rights or obligations you may have under
this Agreement. We reserve the right to transfer or to subcontract
any right or obligation under this Agreement at our sole discretion
without your consent.
17.
Severability
If any term or provision of this Agreement is found by a court of
competent jurisdiction to be illegal, invalid or otherwise
unenforceable, such term or provision shall not affect the
Agreement's other terms or provisions, or the whole of this
Agreement, but such term or provision shall be deemed modified to
the extent deemed necessary to render such term or provision
enforceable, and the rights and obligations of the Parties shall be
construed and enforced accordingly, preserving to the fullest
permissible extent the intent of the parties and the Agreement's
purposes.
18.
Links
While Wall Street Survivor welcomes links to our site from other
websites, we, in no way, operate, control or endorse linking sites
and reserve the right to disallow any such link at any time in our
sole discretion. Should you wish to link to our site, you must link
to our home page at
www.wallstreetsurvivor.com.
19. No
Third-Party Beneficiaries
A person who is not a party to this Agreement has no rights under
this Agreement.
20.
Governing Law
This Agreement shall be governed by the laws of Quebec, without
regard to the conflict or choice-of-law principles thereof, and the
provincial and federal courts located in Quebec shall have
exclusive jurisdiction over all disputes. If required to give legal
effect to this Agreement, or in any event at Wall Street Survivor's
sole election, any such dispute may be submitted to binding
arbitration pursuant to the Rules of Arbitration of the
International Centre for Dispute Resolution of the American
Arbitration Association, with a single arbitrator appointed in
accordance with those rules. The seat of arbitration and the place
of arbitration shall be in Montreal, Quebec, with the arbitration
proceedings conducted in English, except in the event of a claim
for less than $1, 000, such arbitration may be conducted
telephonically at either party's election.
21. No
Class Action
YOU ARE GIVING UP ANY RIGHT YOU MIGHT HAVE TO COMMENCE OR
PARTICIPATE IN ANY CLASS OR GROUP LITIGATION OR PROCEEDING AGAINST
US. You understand that, in return for your agreement to
this paragraph and Paragraph 22, Wall Street Survivor is able to
offer the contests at the terms set out herein, and that your
assent to this Section is an indispensable consideration to this
Agreement.
22.
Emails Correspondences
By Joining Wallstreetsurvivor.com, you acknowledge and agree that
Wallstreetsurvivor.com will send member emails relating to their
member account, transactions and Wallstreetsurvivor.com promotions.
You can opt out of your subscription to Wallstreetsurvivor.com
e-mail services at any time by logging in to Wallstreetsurvivor.com
and selecting Notification Preferences under the heading Account
Settings. You can also unsubscribe to special promotional e-mails
at any time by clicking on the unsubscribe link in any of our email
communications.
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