The main things unique to the simExchange:
This is an online game. All assets you buy and sell and all wealth you amass are completely fictional. Such assets are not convertible to real currency.
Any recommendations to buy or sell game stocks and/or commentary on game stocks should not be construed as any kind of financial advice or recommendation to buy or sell real securities.
Do not bet or gamble based on information on this website.
As with any game, there are Rules which must be followed.
Do not post anything you do not have the rights to (such as a game review or summary). If quoting under "fair use," make sure to cite the source. If you want to share an article in its entirety, then share the link.
Introduction
The simExchange
Eligibilty & Registration
User conduct
User submitted content
Restrictions on use of material
Linked sites
Unsolicited materials
Disclaimer of warranties
Limited liability
Indemnification
Copyrights
Jurisdiction
Introduction
The thesimexchange.com website (the "Website" or "the simExchange") is an online game provided by The simExchange, LLC for your entertainment and is subject to these Terms of Service and any additional rules determined by the simExchange, such as the Game Rules. By using the Website, you agree to these Terms of Service. The simExchange may change the Terms of Service at any time without notice to you. All such changes to the Terms of Service will appear on thesimexchange.com. By using this site after we post any such changes, you agree to accept those changes, whether or not you have actually reviewed them or expressed explicit agreement with the updated Terms of Service. If at any time these Terms of Service are unacceptable to you, then do not continue to use the Website.
The Website and any trading service, communications service, message board, news, articles, images, videos, or other interactive service that may be available to you on or through the Website (the "Services") are provided to you solely for entertainment purposes and should not be considered investment advice of any kind outside of the simExchange game.
If these Terms of Service or any future changes are unacceptable to you, or cause you to no longer be in compliance with these Terms of Service, you may cancel your account by sending a request using the Ask a Question form in the Help section.
The simExchange
As part of the Services, the simExchange, LLC provides website users with the ability to play and participate in the simExchange, an online virtual game which allows users ("Players") to buy and sell fictitious novelty interests in certain entertainment related properties (such as video games software and hardware) and communicate and receive analysis for buying and selling said fictitious novelty interests for the purpose of the game. The interests in the particular properties and the simExchange in general are in no way related to the actual properties themselves. Such fictitious interests are not, and should not be considered to be, stocks, bonds, derivatives, or any other form of security of the simExchange, video game publishers, video game studios, video game products or any other entity. Accordingly, the simExchange has not, and is not obligated to, register such fictitious interests under any state or federal securities laws. The simExchange website is intended for entertainment purposes only and any actual betting, wagering or gambling based on the information provided on the Website or through the simExchange is strictly prohibited.
Players understand and agree that all interests are based on virtual, in-game currency known as "DKP," which are entirely fictitious and have no actual corresponding monetary value. DKP on the simExchange also has no relation to DKP found in any other video or computer game and is not convertible or transferrable in any way. Certain contests, offers, and promotions conducted on the Web site may offer prizes that only apply to DKP and not real currency -- you must read all Official Rules for such contests carefully. Any accumulation of DKP relates solely to a Player's the simExchange account and players are not entitled to receive any real currency or physical, non-virtual prizes, unless otherwise determined by the simExchange, in its sole discretion.
Eligibility & Registration
The website is provided free of charge to Qualified Users. Eligibility as a Qualified User requires that you are: (a) at least 13 years old; (b) have not been suspended by the simExchange in the past; (c) that you only have one account and use one account on the simExchange. The simExchange may, in its discretion, require persons under 18 to provide written consent by a parent or legal guardian to access the website and/or play the simExchange game. You agree not to help anyone avoid these restrictions.
Participation in the simExchange game requires registration by Qualified Users and acceptance by the simExchange. In your registration you must provide true, accurate, current, and complete information about yourself in your registration including your name, birthday, and email address. You must also maintain and update this registration information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current, or incomplete, the simExchange reserves the right to terminate your account, revoke any DKP, accomplishments, and priveleges accumulated from playing the game, and refuse any and all current or future use of the Services.
In order to play the simExchange, you will be required to choose a username and password unique to you. You shall notify the simExchange of any known or suspected unauthorized use of your username or password, or any known or suspected breach of security. You shall be responsible for maintaining the confidentiality of your password. Do not share your password with anyone, including family and friends. You are responsible for all usage or activity, including trading, content bidding, content submitting, and commenting, on the Website through your username and password, including use of your password by any third party. Your account is unique to you and may not be transferred to any other party. You are limited to only one account. You may terminate your account at any time by sending a request using the Ask a Question form in the Help section.
The simExchange reserves the right to determine and modify qualification criteria. The simExchange may, in its sole discretion, terminate or suspend your access to all or part of the site for any reason, including, without limitation, breach of these Terms of Service or the Game Rules.
User conduct
You agree to not use the Website or Services to:
i. "Stalk" another;User submitted content
ii. Harm minors in any way;
iii. Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials ("Content"), that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another's privacy, or hateful;
iv. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
v. Impersonate any person or entity, including, but not limited to, a simExchange official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
vi. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Web site;
vii. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
viii. Upload, post, publish, email, reproduce, distribute or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
ix. Upload, post, publish, email, reproduce, distribute or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are expressly designated for such purpose, provided that even in those areas where advertising and promotional materials may be allowed (if at all), you shall not upload, post, email or otherwise transmit "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
x. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
xi. Upload, post, publish, email, reproduce, distribute or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or any other similarly destructive activity.
xii. Act in a manner that negatively affects other users' ability to engage in the Website or Services;
xiii. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of the Website or Services, including but not limited to, actually or attempting to manipulate, corrupt or otherwise affect the outcome of the Services, in whole or part, by, among other methods, registering multiple accounts under the same or different names;
xiv. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
xv. You also agree that you will not harvest, collect or store information about the users of this Website or the Content posted by others on this Website or use such information for any purpose inconsistent with the purpose of this Website or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
The simExchange website allows Players to submit articles, images, and videos from other websites; submit comments; submit summaries for games; and other content ("Content").
You acknowledge that the simExchange does not pre-screen, monitor, review or edit the Content submitted or posted by users. However, the simExchange and its designees have the right (but not the obligation) at its sole discretion to refuse or remove any Content, in whole or part, that, in the simExchange's judgment, does not comply with these Terms of Service or is otherwise undesirable, inappropriate or inaccurate. The simExchange is not responsible for any failure, non-failure, or delay in removing such Content.
By submitting or sending information or other material (such as user written game summaries) to thesimxexchange.com you grant the simExchange a royalty-free, unrestricted, world wide, perpetual, irrevocable, non-exclusive, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also warrant that any "moral rights" in posted materials have been waived.
You acknowledge and agree that the simExchange may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Terms of Service; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of the simExchange, its users and the public.
You understand that the technical processing and transmission of the Web site, including your Content, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. The simExchange assumes no responsibility for the deletion or failure to store postings or other information submitted by you or other users to the simExchange.
Any or all Content on the Website may be purged periodically in the simExchange's sole discretion. You acknowledge and agree that Content you view or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by the simExchange or submitted to the simExchange. You further acknowledge and agree that the views expressed on the site do not necessarily reflect the views of the simExchange, and the simExchange does not support or endorse any Content posted by you or any user.
Restrictions on use of material
The content on this Website is intended for entertainment purposes only. You should not use any material, including commentary by the simExchange or any Player, as financial advice or basis for any real investment.
The simExchange is the sole owner of all content on the website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt or in any way exploit the content of the Website. Only if you obtain prior written consent from us -- and from all other entities with an interest in the relevant intellectual property -- may you publish, display or commercially exploit any material from the Website. To seek our permission, you may contact us through the Ask a Question form in the Help section. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. You must abide by all additional copyright notices or other restrictions contained on the Website.
The simExchange may offer software (such as web code) that you may use on your website. Such software is limited to the software distributed in the Tools for Bloggers page. You may not modify or reverse engineer this software in any way, especially for purposes not expressly intended by the simExchange. You many not remove any marks, logos, or other legends that appear on such content. Such software is provided without any warrantee or support. Use this software at your own risk. The simExchange may terminate the license to use such software at anytime.
Linked Sites
You may be able to link to third parties' Web sites ("Linked Sites") from the the simExchange Website. Linked Sites are not, however, reviewed, controlled, or examined by the simExchange in any way and the simExchange is not responsible for the services, content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply the simExchange's endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall the simExchange be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to that site's administrator or webmaster. The simExchange reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web site and/or introduce different features or links to different users.
SPECIAL NOTICE: THE LINKED SITES MAY CONTAIN MATURE CONTENT INCLUDING SEXUALLY EXPLICIT MATERIAL UNSUITABLE FOR MINORS, OR THAT MAY OTHERWISE BE OFFENSIVE. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL ADULT AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.
Unsolicited materials
The simExchange does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Website or the simExchange mail and email addresses, or in any other way. Any information or material submitted or sent to the simExchange, will be deemed not to be confidential or secret. By submitting or sending information or other material to the simExchange, you represent and warrant that the information is original to you and that no other party has any rights to the material.
Disclaimer of warranties
The Website and Services are provided "as is," "where is" and "as available," without warranty of any kind, either express or implied. Without limitation of the foregoing, the simExchange specifically disclaims any and all warranties, including, but not limited to: (i) any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or otherwise of the content of the web site or services; and (ii) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose.
This disclaimer of liability applies to any damages or injury caused by the web site, including without limitation as a result of (a) any error, ommission, deletion or defect in the content, or (b) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation or under any other cause of action.
The simexchange does not warrant or guarantee (i) that any portion of the website will be free of infection by viruses, worms, trojan horses or anything else manifesting contaminating or destructive properties; or (ii) that access to the website will be uninterrupted or error-free. The simExchange does not warrant or make any representations regarding the use or the results of the use of the materials in this website. You (and not the simExchange or any of its agents) 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.
Limited Liability
In no event will the simExchange, its officers, directors, employees, parents, affiliates, successors, or assigns be liable to any party (i) for any indirect, special, punitive, incidental or consequential damages or any other damages arising in any way out of the availability, use, reliance on, or inability to use the website, even if the simExchange or its agents shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or (ii) for any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the website. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the simexchange's liability shall be limited to the fullest extent permitted by law.
Indemnification
By agreeing to use the Website, you agree to defend, indemnify and hold the simExchange, its affiliates, officers, directors and employees harmless from and against any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the Website or Services, or the uploading, posting, publishing, emailing, reproduction, distribution or transmission of any Content or other materials by you or users authorized by you or any violation of these Terms of Service by you.
Copyrights
We respect the intellectual property rights of others, and require that the people who use the simexchange.com Website do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please submit the following information using the Ask a Question form:
Your username, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of 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; and
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.
Jurisdiction
You agree that the laws of the State of Arizona, without regard to its conflicts-of-law rules, shall govern these Terms of Service. Please note that your use of the Website may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with the simExchange, LLC or relating in any way to your use of the Website resides in the courts of the State of Arizona, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Arizona in connection with any such dispute, including without limitation any claim involving the simExchange or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so at their own risk on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any inquiries concerning these Terms of Services should be made using the Ask a Question form.
