Terms of Use
The simulator found at: www.yalicoo.com
website (respectively, "Yalicoo" and the "Web Site") is a
stock-trading simulator designed for education and entertainment purposes. Use
of the Web Site is limited to personal, non-commercial use and the content
contained therein may not be copied, modified, duplicated or distributed in any
form or for any reason.
1.
Terms of Use Acknowledgment
Yalicoo which owns and operates
the Web Site, provides these terms of Use for use of the Web Site to the
subscriber ("Subscriber" or "You"). Your use of the Web Site
signifies your agreement to be bound by these terms and conditions, including
acceptance of our Privacy Policy.
PLEASE READ THIS DOCUMENT
CAREFULLY. You understand that selecting "I Agree" following these terms of use,
accessing or transmitting information, registering, or otherwise participating
in the Web Site constitutes and shall be deemed an acceptance by you of these
Terms of Use. Yalicoo reserves the right, at its sole discretion, to change,
modify or add to these Terms of Use, at any time, and without prior notice to
you. If you do not wish to be bound by these Terms of Use, you may not use or
participate in the Web Site, and in such event any use of the Web Site is
unauthorized.
2.
Gambling
Prohibition
The Web Site may not be used in
connection with any form of gambling. Please verify the laws in your
jurisdiction before registering and/or using the Web Site in any manner. You are
solely responsible for ascertaining whether it is legal in your jurisdiction to
use the Web Site. Please consult a legal counsel in the applicable jurisdiction
if you have any doubts about the legality of your use of the Web Site under the
laws of the jurisdiction which applies to you.
3.
No Financial
Advice
The Web Site does not offer
financial advice or any other advice, neither does it recommend or suggest
stock-trading nor investments in any financial instrument. For the avoidance of
doubt, any talkbacks of Subscribers presented on the Web Site is not offered as
financial advice. As much as the Web Site simulates real-life investments, there
are big differences from virtual investments to real ones. In case you decide to
shift from the Web Site to real-life investments, any investment decision you
make will be based solely on your evaluation of your individual circumstances,
investment objectives, and risk tolerance. We suggest that before any real-life
financial decisions or investments you should consult with authorized skilled
professionals.
4.
Subscription
Fees
Use of the Web Site is
subject to payment of subscription fees (the "Subscription Fees").
You are solely responsible for
paying all taxes in your jurisdiction, in connection with your activity on the
Web Site, should such taxes apply.
5.
The Best Performer
Prize
Yalicoo will offer monetary
prizes to Subscribers who are the best performers, at its sole discretion and in
reliance upon the data stored at the Web Site (the "Prize"). Subscriber
is aware that the Prize is subject to withholding tax and/or other deductable
payments in accordance with the applicable laws. Subscriber hereby irrevocably
gives Yalicoo its approval to deduct any such sums from the Prize. In order to
receive the Prize you must provide Yalicoo with all the information needed,
including your bank account information. You are responsible for the accuracy of
the information you provide and you hereby waive any claim you may have towards
Yalicoo and/or anyone on its behalf regarding the Prize and/or any matter in
connection therewith. Notwithstanding the above said, the goal of the
simulator offered hereunder is not winning the Prize but rather entertainment
and learning the stock trading market.
If you reside in any
jurisdiction in which participation in a prize winning simulator, such as the
simulator offered hereunder, is restricted by law, you cannot participate in
this Web Site. We make no representation that the Web Site is appropriate or
available for use in your jurisdiction. You access the Web Site at your own risk
and you are solely liable for complying with your local laws.
6.
Registering for the Web Site
You must be at least twenty
one (21) years of age in order to register for use of the Web Site. However, if
you reside in a country or state that has a higher minimum age to participate in
such simulator, you must comply with the applicable law. By completing a
registration for the Web Site you agree that any and all information that you
supply in the registration process, including, without limitation, details of
your identity and your credit card information, and/or other information that
the Web Site may require from you from time to time, is current, truthful and
complete. Yalicoo reserves the right to terminate your registration with the Web
Site at any time or in the event the information you provided, is no longer
current or accurate. You shall be the only authorized user of the Web Site
through your user name, user identification and password. You also hereby agree
that you shall be solely responsible for all statements made, or acts or
omissions that occur on the Web Site through the use of your user name, user
identification and password and hereby agree to defend and indemnify Yalicoo
and/or anyone on its behalf against any liability, costs or damages arising out
of claims or suits by third parties based upon, or relating to, such access and
use by such other person. You hereby agree not to provide or make known your
user name, user identification, or password to any other person for the purpose
of facilitating such person's access and unauthorized use of the Web Site. You
hereby agree to immediately notify Yalicoo if you become aware of any loss or
theft of your user name, user identification and password, or any unauthorized
use of your user name, user identification or password.
7.
Information Posted by Members
Yalicoo makes every
reasonable effort to present real-time data and ensure the quality and accuracy
of the information posted within the Web Site. However, as data may be
disseminated wrongfully, Yalicoo assumes no responsibility for, and does not
guarantee, the accuracy, the up-to date, completeness or usefulness of
information in any material on the Web Site. You hereby agree that, to the
extent you rely on information posted on the Web Site, you do so solely at your
own risk.
Yalicoo, at its sole discretion
and without any notice to you, may, but is not obligated to, monitor, edit,
remove or prohibit the transmission or receipt of any information posted on the
Web Site which Yalicoo considers inappropriate or in violation of any of these
Terms of Use or applicable laws. If you become aware of postings on the Web Site
that violate these Terms of Use, you hereby agree to contact Yalicoo by using
the "Contact Us" link located on the Web Site.
8.
Information & Advertisements
Posted by Third Parties
The data published at this
Web-Site is for informational, educational and entertainment purposes only. Use
of this information in violation of federal, state, or local laws is prohibited.
Yalicoo may display advertisements and sponsors in the Web Site. Yalicoo does
not endorse or recommend the services of any advertiser. The advertiser you
select, if and to the extent such is selected by you, is solely responsible for
its services to you, their customer. Yalicoo may display links to other sites
that may be of interest to you but for which Yalicoo has no responsibility
and/or liability in connection therewith. Subscriber accepts that after leaving
the Web Site to other sites, Yalicoo cannot be responsible in any way for any
material that you encounter and we exclude to the fullest extent permitted by
law all liability that may arise with respect to or as a result of such material
causing any damage, costs, injury or financial loss of any
kind.
9.
Subscriber Conduct Guidelines
You understand that using
the Web Site for an illegal purpose or to transmit content that is unlawful,
harassing, libelous, invasive of another's privacy, harmful, vulgar, obscene or
otherwise objectionable, may result in removal of your portfolio, postings
and/or termination of your membership at the sole discretion of Yalicoo.
At Yalicoo's discretion,
Subscribers who practice trading techniques that give them an unfair advantage
over other Subscribers may be disqualified from participating in the simulator
or from winning any Prize.
You hereby agree that Yalicoo
has the right at all times to disclose any information it deems necessary to
comply with the applicable laws and regulations.
10.
The Web Site Content
The content available
through the Web Site is the property of Yalicoo and/or its licensors, and is
protected by copyrights, trademarks, service marks, patent or other proprietary
rights and laws. You hereby agree that all content located on the Web Site is
the sole property of Yalicoo and/or its licensors. You understand and hereby
agree that the information in, or derived from, predictions and other
information contained on the Web Site, including without limitation text,
graphics, images, animations, computer programs, data, designs, logos and button
icons and the arrangement, collection and assembly thereof, is the property of
Yalicoo, and may not be copied, modified, adapted, translated, mirrored, reverse
engineered, decompiled, disassembled, republished, redistributed, transmitted,
altered, edited or exploited in any manner for any purpose other than for the
purpose stipulated hereunder without the express written permission of
Yalicoo.
The Web Site and its contents
are provided on an "AS IS" basis and without warranties of any kind, expressed
or implied.
You agree not to reproduce,
retransmit, disseminate, sell, distribute, perform, display, publish, broadcast,
circulate, create new works from, or commercially exploit the Web Site
(including the content, information and any stock data made available through
the Web Site and/or any part thereof), in whole or in part, in any manner,
without the express written consent of Yalicoo. You agree to access the Web Site
manually and not programmatically by macro or other automated
means.
You hereby acknowledge and agree
that the portfolio created by you at the Web Site shall be considered as public
knowledge and as such it may be exposed to other Subscribers participating in
the Web Site and/or to others at Yalicoo's sole discretion. Notwithstanding the
above, Yalicoo will not publicize your name or any other identifying data
without receiving your prior approval, excluding the user name which you chose.
You hereby agree that Yalicoo
and any independent contractor engaged by Yalicoo to assist in moderating the
Web Site and/or anyone on Yalicoo's behalf, shall not be liable for any errors
or delays in the content of any information provided through the Web Site, or
for any actions taken by you or any third-party in reliance thereon.
11.
Security, Systems and Data
Use of the Web Site is
restricted to authorized persons only. Actual or attempted unauthorized use of
the Web Site shall result in criminal and/or civil prosecution by Yalicoo.
Yalicoo reserves the right to view, monitor and record activity without notice
to or permission from you. Any information obtained as a result of such
monitoring, viewing or recording is subject to review by law enforcement
organizations in connection with investigations or prosecutions of possible
criminal activity on the Web Site. Yalicoo will also comply with all court
orders involving requests for such information.
You hereby agree that Yalicoo
and/or anyone on its behalf is not responsible or liable for any harm arising
out of corrupted, distorted or erroneous data resulting from data transfer with
third parties or third-party products or services. Yalicoo will not be
responsible or liable if you mishandle, alter or improperly use or store any
information, data, product or service associated with the Web Site. You also
hereby agree that you are solely responsible for the security and maintenance of
your computer system and data and for creating, storing and updating any
necessary back-up or archival copies of data as needed in case of system
failure.
12.
Disclaimer & Limitation of
Liability
Yalicoo is providing the Web
Site and its contents on an "as is" basis and makes no representations or
warranties of any kind, express or implied, as to the operation of the Web Site
or the content, information and materials contained within or accessible through
the Web Site, including without limitation, that they are accurate, complete or
current. You hereby agree that Yalicoo and any independent contractor engaged by
Yalicoo to assist in moderating the Web Site and/or anyone on Yalicoo's behalf,
shall not be liable in any way, and you hereby agree to indemnify and hold
harmless Yalicoo and any independent contractor engaged by Yalicoo and/or anyone
on Yalicoo's behalf, from any claim, demand, proceeding, damages, injuries,
liabilities, losses, costs or expenses (including reasonable attorneys' fees)
arising out of, or in connection with the Web Site and/or the use thereof and/or
the Prize connected therewith.
To the fullest extent permitted
by applicable law, Yalicoo disclaims all warranties, express or implied,
including without limitation, implied warranties of merchantability, fitness for
a particular purpose, title and non-infringement. Yalicoo will not be liable for
any damages of any kind arising from the use of or access to the Web Site,
including without limitation, direct, indirect, compensatory, consequential,
incidental, special and punitive damages.
In no event shall the aggregate
liability of Yalicoo relating to the Web Site and/or the use thereof and/or the
Prize connected therewith under any legal theory including, without limitation,
to any liability for any loss or damage directly or indirectly suffered by
Subsciber and/or anyone on its behalf, exceed the aggregate amount of
Subscription Fees actually paid by Subscriber in the relevant simulation for use
of the Web Site.
You also understand that Yalicoo
cannot and does not guarantee or warrant that files available for downloading
through the site will be free of infection or viruses or other code that
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining means
external to the site for the reconstruction of any lost data.
Neither Yalicoo nor anyone on
its behalf shall be liable for any malfunction and/or any technical failure of
the Web Site and/or any other failure relating to problems in the software in
the Website, resulting in an error in connection with the identity of the best
performer. For the avoidance of doubt it shall be clarified that in such case,
the Subscriber hereby waives any claim it may have towards Yalicoo and/or anyone
on its behalf in connection with any such error in selecting the best performer
and/or in granting the Prize and/or in any matter in connection
therewith.
13.
Privacy Policy
You hereby certify that you
have read the "Privacy
Policy" and agree to the terms and conditions included
therein.
14.
Survival and Waiver
The Terms of Use, as may be
amended, relating to indemnification, limitations on liability, unauthorized and
improper use of this site shall survive the termination of these Terms of Use.
The failure to insist on strict
performance of any of these Terms of Use shall not operate as a waiver of such
Terms of Use.
15.
Entire Agreement
These
Terms of Use, constitute the entire agreement between Subscriber and Yalicoo
with respect to the use of the Web Site. However, you may be subject to
additional Terms of Use that may be imposed by third parties who may provide
information, products or services through the Web Site.
16.
Choice of Law
These Terms of Use shall be
governed by, and construed in accordance with, the laws of the Republic of Cyprus. The competent courts of Lemesos, Cyprus shall have sole and exclusive
jurisdiction in any matter arising from these Terms of Use or in connection
therewith.
17.
Severability
If any provision of these
Terms of Use is hereafter held to be invalid, illegal or unenforceable for any
reason, such provision shall be reformed to the maximum extent permitted so as
to preserve the parties' original intent, failing which, it shall be severed
from these Terms of Use, with the balance of these Terms of Use continuing in
full force and effect. If any provision of these Terms of Use is so broad as to
be unenforceable, the provision shall be interpreted to be only so broad as is
enforceable. If any provision is inapplicable to any person or circumstance, it
shall nevertheless remain applicable to all other persons and
circumstances.