Terms of Service

Section 1 – General Information

1.1. Terms of Service Binding

These terms of service (the "Terms of Service" or "TOS") apply to your use of the online and mobile websites (each, a "Website") operated by TradeMania, any interactive applications (each, an "Application") operated by us and the TradeMania "Community Features" (as defined herein) (unless a different terms of use or terms and conditions is provided on a particular Website, Application or Community Feature, in which case such different policy shall control). The Website, the Applications and the Community Features are collectively referred to as the "Services." Your use of the Services constitutes your unconditional agreement to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you may not access or otherwise use the Services. To participate in Community Features and certain other activities you will need to become a registered User and create an account (each, an "Account"). These TOS govern everyone who uses the Services (each, "you" or a "User"), whether they are registered or not.

These TOS, our Privacy Policy, and any other terms and conditions incorporated herein (collectively, the "Other Policies"), constitute the entire agreement between you and TradeMania pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these TOS shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

The Services are intended solely for Users who meet certain criteria as set forth herein. Individuals who do not meet this criteria should not access the Services.

1.2. License to Use

TradeMania grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Services and the materials thereon, including the "Services Content" (as defined below) for your personal use only, provided that you comply fully with these Terms of Service. You may "cache" pages of the Services for the sole purpose of increasing the speed and efficiency at which you access the Services in the future. You shall not interfere or attempt to interfere with the operation of the Services in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these TOS.

1.3. Changes to the Services and/or Terms of Service

TradeMania reserves the right, in its sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of the Services, these TOS, or the Other Policies, in whole or in part, at any time. When TradeMania amends these TOS, it will revise the "last updated" date located either at the bottom or top of these TOS for an amount of time that we determine in our discretion. For material changes to these TOS, we may notify you by displaying a notice when you first use the Services after such changes have been made. We may also, at our discretion, provide notification of changes by other means. If you use the Services in any way after these TOS or Other Policies have been changed, unless specifically stated otherwise, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of these TOS will be available on our Website and will supersede all previous versions of these TOS.

1.4. Changes in Services Ownership

As set forth more fully in the Privacy Policy, you will be deemed to have consented to the transfer and/or disclosure to a subsequent owner of the Services of any Personal Data (as defined in our Privacy Policy) submitted by you and contained in our database if we assign your Personal Data to a third party as part of a corporate transaction such as a merger, acquisition, or sale of the Services, in whole or in part, of all or substantially all of our assets.

1.5. Linked Websites

The Services may contain links to third party websites or resources, which may or may not be obvious ("Third Party Sites") as well as software, text, graphics, articles, photographs, pictures, designs, sound, video, music, information, software applications and other content originating from third parties (collectively, "Third Party Applications, Software or Content"). Our provision of links to Third Party Sites is not an endorsement of any information, product or service that is offered on or reached through such Third Party Site or Third Party Application, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for the content or performance of any Third Party Sites accessed through the Services or any Third Party Applications, Software or Content posted on, available through or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. If you decide to leave the Services and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern.

1.6. No Resale / Exploitation by Licensee

You may not reproduce, copy, resell, manipulate, or exploit any part of the Services or the "Services Materials" (as defined below), for any commercial purpose.

1.7. Account Termination / Prohibited Access

TradeMania may, in its sole discretion and at any time, with or without notice, terminate your password, Account or use of any Community Feature, and discard and remove any "Community Content" (as defined below) posted or submitted by you to any Community Feature, for any reason or no reason. We may also, in its sole discretion and at any time, with or without notice, discontinue any Community Feature or limit or restrict any User access thereto, for any reason or no reason at all. Should TradeMania take any of these actions, it may, in its sole discretion, immediately deactivate your Account. Following deactivation, TradeMania may delete all information about and concerning your Account, including your "Registration Information" (as defined below) and submitted Community Content, unless we are required to store such information for the protection and pursuit of our legal rights and obligations under any laws that are applicable to its operations. Additionally, if your access to the Services and/or Tournaments and/or Games Sites has been terminated or suspended by us for any reason, then you are not eligible to enter or participate in any TradeMania programs or promotions (including, without limitation, any tournaments, games) or to win any prizes. You understand and agree that TradeMania shall not have any liability to you or any other person for any suspension or termination of your access to any Community Feature and/or the removal of information concerning your Account.

The Services are controlled and operated by TradeMania in the countries in which it can operate.

Those who choose to access the Services from illegal locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws. Use of the Services, the Game or tournament Sites, and the Websites is void where prohibited by applicable law. No software from the Services may be downloaded or otherwise exported or re-exported into (or to a national or resident of) North Korea, Iran, Syria, United States, Australia, Aruba, Bonaire, Cyprus, France, Netherlands, Saba, Spain, Statia, St. Martin, United Kingdom, Israel, and such other locations as designated by TradeMania from time to time as a "Restricted Location" or any other country subject to embargo or trade sanctions; or to anyone on the black list. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

1.8. Governing Law and Disputes

These TOS shall be governed by, and construed in accordance with, the applicable laws, without giving effect to any choice of law or conflict of law principles that would result in the application of any other laws.

1.9. Dispute Resolution and Arbitration

You and TradeMania agree that all Disputes, as defined below, between you and TradeMania will be settled by binding arbitration, unless otherwise provided herein.

This agreement does not apply:

• If you are a resident of any jurisdiction which prohibits this arbitration agreement
• If you opt out of this arbitration agreement as described in section (e) below
• To certain types of Disputes described in section (e) below

Please read this provision carefully.

a. Purpose

This Dispute Resolution and Arbitration Provision ("Provision") facilitates the prompt and efficient resolution of any disputes that may arise between you and the Company.

Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. In the absence of an arbitration agreement, you may otherwise have a right or opportunity to bring claims in court, before a judge or jury, and/or participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Arbitration replaces the right to go to court. Except as otherwise provided herein, by agreeing to these Terms, you waive your right to litigate claims in court and waive the right to have your claims heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorneys' fees).

You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.

For the purpose of these Terms, including this Provision specifically, "TradeMania" means TradeMania, Inc., its partners, parent companies, subsidiaries, licensees, licensors and affiliates. "Dispute" means any dispute, claim, or controversy between you and TradeMania regarding any aspect of your relationship with TradeMania, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced.

b. Agreement to Arbitrate / Waiver of Right to Jury Trial

YOU AND COMPANY EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

You understand and agree that by entering into this agreement you and TradeMania are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and TradeMania might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

c. Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and TradeMania specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of this Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Services can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

d. Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give TradeMania an opportunity to resolve the Dispute. You must commence this process by written notification to TradeMania at info@trademania.com. That written notification must include:

• Your name
• Your address
• A written description of your Claim
• A description of the specific relief you seek

If the Company does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

e. Exclusions from Arbitration / Right to Opt Out

Notwithstanding the above, you or TradeMania may choose to pursue a Dispute in court and not by arbitration if:

• The Dispute qualifies, it may be initiated in small claims court
• YOU PROVIDE THE TRADEMANIA WRITTEN NOTICE OF YOUR DESIRE TO OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the "Arbitration Opt-Out Notice")

To opt-out of these arbitration procedures, you must provide written notification to TradeMania at their designated mailing address. The company should provide written consent to acknowledge your decision.

Your written notification must include:

• Your name
• Your address
• A clear statement that you do not wish to resolve disputes with TradeMania through arbitration

Your decision to opt-out of this Provision will have no adverse effect on your relationship with TradeMania. If you do not provide the Company with an Arbitration Opt-Out Notice within 30 days from the date that you first consent to these Terms, you will be deemed to have knowingly and intentionally waived your right to litigate any dispute except as expressly set forth above.

Additionally, notwithstanding the above, TradeMania reserves the right to bring an action in any court of competent jurisdiction against you to stop and/or seek compensation for the intentional or willful misuse or abuse (e.g. hacking or falsifying location) of its intellectual property, services, and products.

f. Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above ("Pre-Arbitration Claim Resolution") either you or TradeMania may initiate arbitration proceedings. The Dubai International Financial Centre London Court of International Arbitration ("DIFC-LCIA") Arbitration Centre will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration. Unless both you and TradeMania agree in writing, the arbitrator shall not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. All issues shall be for the arbitrator to decide, including the scope and enforceability of this Provision, as well as any dispute related to its interpretation, applicability, or formation, including any claim that all or any part of it is void or voidable. The "DIFC-LCIA" Rules will apply. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the DIFC-LCIA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – If a dispute arises between TradeMania and its users, either the company or the users may choose to seek resolution through arbitration in the United Arab Emirates.

Payment of Arbitration Fees and Costs – Each Party shall pay its own arbitration filing fees and arbitrator's costs and expenses. You are responsible for all fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.

g. Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

h. Continuation

This Provision shall survive this Agreement, the termination of your Account (if applicable), and/or your access to or use of the Service.

Section 2 – Intellectual Property

2.1. Ownership of Trademarks, Copyrights and Patents

As between Users and TradeMania, Services Content is different from "Community Content". "Community Content" consists of User-generated content, information, and materials of any kind or nature that is included or posted by Users in the Community Features sections of the Website or an Application (collectively, "Community Content"). The Services and all of the content the Services contain, or may in the future contain, including but not limited to all copyrights, trademarks, service marks, trade names and patents (collectively, the "Services Content") is proprietary to TradeMania. The Services Content and the programming codes associated therewith ("Services Code") as they exist on the Services are offered to you by TradeMania for limited and restricted use pursuant to these TOS. Services Content and Services Code are collectively referred to herein as the "Services Materials". Any use of the Services Materials other than as permitted by these TOS will constitute a violation of these TOS and may constitute copyright and/or patent infringement.

The Services Materials are owned by TradeMania and/or its licensors and content providers, and are protected by copyright, trademark, publicity and other laws and by international treaties. Unless expressly permitted in writing by TradeMania, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, reverse engineer, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part any Services Materials. You agree not to use the Services Materials for any unlawful purposes.

Without in any way limiting the generality of the foregoing, use of the Services Materials on any third party website or other networked computer environment is prohibited without prior written permission from TradeMania.

2.2. Use of Software

From time to time, and at its sole discretion, TradeMania may make available to Users certain software that may be accessible or downloaded from the Services. In the event that you access or download software from the Services, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by us or a third party software provider approved by us ("Third Party Provider"). Under no circumstances does title to the Software transfer to you. You may own the medium on which the Software is recorded, but TradeMania retains full and complete title to its Software, and all intellectual property rights therein. For purposes of these TOS, such Software shall be deemed included in the definition of "Services Materials". Furthermore, your use of any Software of a Third Party Provider shall be subject to the end user license agreement or any other terms of use set forth by such Third Party Provider for its Software.

2.3. Submissions

TradeMania is pleased to hear from its Users and welcomes your comments regarding our Services. Nevertheless, TradeMania's company policy does not allow it to accept or consider creative ideas, suggestions, or materials other than those it has specifically requested. While we value your feedback, we request that you be specific in your comments with regard to our Services, and that you not submit any creative ideas, suggestions, or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by us or our affiliates' professional staff might seem to others to be similar to their own creative work. Accordingly, we ask that you do not send us any original creative materials such as game concepts/treatments, stories or character ideas, screenplays, or original artwork.

If you send or post certain specific submissions at our request (e.g., via message boards or in connection with contests) or if you send us creative suggestions, ideas, notes, drawings, concepts, or any other information (each, a "Submission" and collectively, the "Submissions") despite our request that you not send us any unsolicited Submissions or other creative materials, the Submission will be treated as non-confidential and non-proprietary in each instance. For purposes of this section, all Community Content shall be deemed included in the definition of Submissions. None of the Submissions shall be subject to any obligation of confidentiality on the part of TradeMania, and TradeMania shall not be liable for any use or disclosure of any Submissions. Any Submission may be used by the Company without restriction for any purpose whatsoever, including, without limitation, reproduction, disclosure, transmission, publication, broadcast or posting, and you hereby irrevocably waive, release and give up any claim that any use of such Submission violates any of your rights, including, without limitation, copyrights, trademarks, moral rights, privacy rights, proprietary or other property rights, publicity rights, or right to credit for the material or ideas. TradeMania shall have and is irrevocably granted the right, but not the obligation, to reproduce, modify, adapt, publish, broadcast, license, perform, post, sell, translate, incorporate, create derivative works from, distribute and otherwise use the Submission in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, without according you any compensation or credit.

2.4. Copyright Notice

If you are a copyright owner and believe that any Services Materials or Community Content appearing on the Services or in any Community Feature has been copied in a way that infringes upon your copyrights, you may submit a notification to TradeMania pursuant to the Digital Millennium Copyright Act ("DMCA") by providing the following information in writing to the attention of "Copyright Agent":

• Your name, address, telephone number, and email address
• A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works
• The exact URL or a description reasonably sufficient to permit us to locate where the alleged infringing material is located
• A 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
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
• 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

Send all of the above in writing to the attention of Copyright Agent at the Company's address. Upon receipt of the written notification as outlined above, we will use good faith, reasonable efforts to remove the material that is alleged to be infringing and forward a copy of the written notification to the alleged infringer. The alleged infringer has the right to file a counter-notification by providing the designated agent with the following information:

• A physical or electronic signature
• Identification of the material that has been removed and the location at which the material appeared before it was removed
• A statement under penalty of perjury that he/she has a good faith belief that the material was removed as a result of mistake or misidentification of the material to be removed
• His/her name, address, and telephone number, and a statement that he/she consents to the jurisdiction, at the discretion of the Company, in any judicial district where the service provider may be located and that he/she will accept service of process from the person who provided notification or an agent of such person

By this filing, TradeMania seeks to preserve any and all exemptions from liability that may be available under the DMCA or otherwise but does not necessarily stipulate that it is a service provider as defined in the law.

Section 3 – Community Features

3.1. General Community Information

In consideration for your use of the Community Features and functionality, you agree to:

• Comply with the "Community Guidelines" set forth below
• Provide TradeMania with accurate, complete and true information about yourself as required on the registration form (your "Registration Information") in order to create your Account
• Maintain and update, as applicable, your Registration Information with current and complete information

Users who violate the Community Guidelines, or provide inaccurate, false, or non-current Registration Information may, at our sole discretion, have their Accounts suspended or terminated, and may be permanently banned from using the Services and/or any other service we provide, and may be subject to other penalties, some or all of which may be determined by TradeMania in its sole discretion.

As part of your Account, you will be responsible for creating and maintaining the confidentiality of, your username and password. We ask that you select a username other than your real name or the real name of any other person. We also urge you to memorize your password or keep it in a secure place, away from the rest of your Account information, as sharing your password with others may lead to unauthorized access to your Account information. You are responsible for all activity occurring under your Account. You agree that you will:

• Immediately notify TradeMania of any unauthorized use of your username or password
• Ensure that you properly exit a Community Feature at the completion of your session

TradeMania shall have no liability for any loss or damage arising from your Account or your failure to comply with these requirements.

3.2. Profiles, Buddy Lists, Comment Walls, Virtual Assets and Private or Public Communications

To enhance User experience, TradeMania provides or may provide, at its sole discretion, one or more chat areas, message boards, e-mail functions, messaging services, file communities, virtual communities featuring digital or virtual assets, polls, surveys, and other services (collectively, the "Community Features"). Community Features are provided by TradeMania to you and others subject to the TOS, the "Community Guidelines" set forth below and the Other Policies. The User who posts Community Content in the Community Features is responsible for the reliability, accuracy and truthfulness of such Community Content, and TradeMania has no control over such Community Content. Additionally, the Company has no control over whether any such posted material is of a nature that Users will find offensive, distasteful or otherwise unacceptable and expressly disclaims any responsibility for such material.

ENTERING ANY COMMUNITY FEATURE WILL CONSTITUTE ACCEPTANCE OF THE COMMUNITY GUIDELINES. IF YOU DO NOT AGREE TO ABIDE BY THE COMMUNITY GUIDELINES, PLEASE DO NOT ENTER ANY COMMUNITY FEATURES.

3.3. Community Guidelines

You are entirely responsible and liable for all activities conducted that are associated with your Account within the Community Features, including the transmission, posting, or other provision of Community Content to any portion of the Community Features. Listed below are some, though not all, violations that may result in TradeMania terminating or suspending your access to Community Features on a temporary or permanent basis, as determined by TradeMania in its sole discretion ("Community Guidelines"). You agree not to do any of the following actions while using any of the Community Features:

• Violate these Community Guidelines or abuse the community purpose of the chat areas
• Participate in any part of the Services if you are under the age of 18
• Use profanity, obscenities, or **asterisks**, (((echoes))) or other "masking" characters to disguise profane, obscene or offensive words
• Use obscene, lewd, slanderous, pornographic, abusive, violent, insulting, indecent, threatening and harassing language of any kind
• Impersonate other Users
• Attack (flame or "cyberbully") individuals, companies or products, although you are otherwise welcome to offer your opinions or comments on the subject at hand
• Post topics on message boards, on the Services or within any of the Community Features that are unrelated to the subject of the Services
• Advertise or promote other companies or URLs
• Share Personal Data (e.g. your name, phone number, home address, password, etc.) with other users on the Services
• Include advertising in communications
• Post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant TradeMania all of the license rights granted herein
• Include advanced fonts, java, tables, html, or other programming codes or commands in messages
• Distribute or otherwise publish any Community Content containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You also hereby acknowledge that you are prohibited from soliciting other guests to join or become members of any commercial online service or other organization
• Collect or harvest the information (including Personal Data) of any User or otherwise access the Services using automated means (including but not limited to harvesting bots, robots, spiders or scrapers)

Information disclosed in Community Features is, by design, revealed to the public. TradeMania is not responsible for any information you choose to disclose to others. TradeMania reserves the right, but not the obligation, to remove any posts for any reason. TradeMania does not endorse the Community Content in the Community Features and specifically disclaims any responsibility or liability to any person or entity (including, without limitation, persons who may use or rely on such material) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any Services Materials or Community Content provided through a Community Feature.

3.4. Promotional Activities

By registering for an Account, you agree that the Services may display your username throughout the Services, including, but not limited to areas such as leader boards, individual tournament records, etc. By accepting any prize from the Services, Users agree to allow TradeMania to print, publish, broadcast and use, and to authorize its affiliates and distributors to print, publish, broadcast and use, on a worldwide basis, in any and all media now known or hereafter devised, a description of the prize(s) won and any other personal characteristics for any purpose, including without limitation, promotional or related purposes without additional compensation, and you release TradeMania from any liability with respect thereto.

Please note that contests or promotions or tournament offered via the Services may be, and often are, governed by a separate set of rules that, in addition to describing such contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s), which shall be final and binding in all respects.

3.5. Privacy Policy

Submissions are governed by these TOS even if they include information about you or information that could be used to personally identify you. Any Personal Data collected through the Services will be governed by TradeMania's Privacy Policy located on our Website, which is incorporated into these TOS by reference.

3.6. Anti-Spam Policy

The Services are vigorously against the practice commonly referred to as "Spamming." Any User who is reported to be generating Spam, and whose "Spamming" is validated by the Services, will have their respective Accounts either immediately TERMINATED or SUSPENDED, at the sole discretion of TradeMania. Additionally, any prizes (if any) may be voided at the sole discretion of TradeMania. The Company defines "Spam" as it is commonly understood, and includes the following:

• Electronic mail messages and commercial electronic messages addressed to a recipient with whom the initiator does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient
• Messages posted to message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, or posted in excessive volume
• Solicitations posted to chat rooms or sent to groups or individuals via Internet Relay Chat or "Instant Messaging" system (such as ICQ)

TradeMania may undertake, at its sole discretion and with or without prior notice, the following enforcement actions:

• Account Suspension: Upon the receipt of a credible and validated complaint, TradeMania may elect to immediately suspend the membership of the User implicated in the abuse. Suspension serves as a "final" warning and will prevent the abuser from continuing his/her abusive "Spamming" behavior. We will evaluate each validated abuse incident on a case-by-case basis and impose termination or suspension at its sole discretion, and may void any associated prizes. TradeMania reserves the right to lift the suspension of a User at any time, at its sole discretion.
• Account Termination: Upon the receipt of a credible and validated complaint, TradeMania may immediately terminate the membership of the individual User implicated in the abuse and may void any associated winnings.

Section 4 – Limitation of Liability

THE SERVICES, THE SERVICES MATERIALS, AND THE SOFTWARE, IF APPLICABLE, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TRADEMANIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TRADEMANIA DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES, THE SERVER THAT MAKES IT AVAILABLE, OR THE SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES, SERVICES MATERIALS, SOFTWARE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. TRADEMANIA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, THE SERVICES MATERIALS, THE COMMUNITY FEATURES OR THE SOFTWARE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT US) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

THE MATERIAL PROVIDED ON THE SERVICES IS FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES ONLY. INFORMATION AND OPINIONS EXPRESSED IN THE COMMUNITY FEATURES ARE NOT NECESSARILY THOSE OF TRADEMANIA. THE COMPANY ENTITIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE (INCLUDING, BUT NOT LIMITED TO, ACTUAL, CONSEQUENTIAL OR PUNITIVE), LIABILITY, CLAIM OR OTHER INJURY OR CAUSE RELATED TO OR RESULTING FROM ANY INFORMATION POSTED ON THE SERVICES.

UNDER NO CIRCUMSTANCES, SHALL THE COMPANY ENTITIES BE LIABLE FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OR RESULTING IN ANY WAY FROM OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SERVICES, THE COMMUNITY FEATURES, THE SERVICES MATERIALS, OR THE SOFTWARE, OR ANY ERRORS OR OMISSIONS IN ITS TECHNICAL OPERATION OR THE MATERIAL, EVEN IF THE COMPANY ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE TRADEMANIA TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, THE COMPANY ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES.

BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND.

Section 5 – Indemnification

BY USING THE SERVICES YOU AGREE TO INDEMNIFY, DEFEND AND HOLD THE TRADEMANIA ENTITIES FREE FROM AND AGAINST ANY THIRD PARTY CLAIMS, ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS, DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENSE, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO: YOUR BREACH OF YOUR REPRESENTATIONS, WARRANTIES, COVENANTS OR AGREEMENTS HEREUNDER; YOUR VIOLATION OF THESE TERMS OR ANY LAW; YOUR USE OF THE SERVICES AND/OR THE MATERIAL IN VIOLATION OF THESE TERMS; INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR COMPUTER OR MEMBERSHIP ACCOUNT, EVEN IF NOT SUBMITTED BY YOU, THAT INFRINGES ANY COPYRIGHT, TRADEMARK, TRADE SECRET, TRADE DRESS, PATENT, PUBLICITY, PRIVACY OR OTHER RIGHT OF ANY PERSON OR DEFAMES ANY PERSON; ANY MISREPRESENTATION MADE BY YOU; AND/OR OUR USE OF YOUR INFORMATION. YOU WILL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN OUR DEFENSE OF ANY CLAIM. TRADEMANIA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT IN ANY EVENT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF TRADEMANIA.

Section 6 – Member Disputes

You are solely responsible for your interactions with other Users and/or Community Feature Users. TradeMania reserves the right, but has no obligation, to monitor disputes between you and other Users.

Section 7 – Ability to Accept TOS

You affirm that you are 18 years of age or older and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these TOS, and to abide by and comply with these TOS.

Section 8 – Additional Terms

If any provision of these TOS is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these TOS, which will remain in full force and effect. No waiver of any of these TOS will be of any force or effect unless made in writing and signed by a duly authorized officer of TradeMania. The section titles in these TOS are for your convenience only and do not have any legal or contractual effect.