Terms of Service

Terms of Service

BY USING THE MYTIRGUS.COM WEBSITE and HEREIN REFERRED TO AS “TIRGUS” WEB SITE, YOU ACCEPT AND AGREE TO COMPLY WITH THESE TERMS OF USE. IF YOU DO NOT AGREE, DO NOT USE THIS SITE. ACCESS TO SOME PORTIONS OF THIS SITE IS RESTRICTED TO MEMBERS OF TIRGUS ONLY.

Account Identifiers.

1. Secrecy Obligation.
   Once you have selected or been allocated a unique username and password or other appropriate security code as may be deemed necessary in the future ("Identifiers"), it is your responsibility to keep these Identifiers secure and confidential. Some or all of these Identifiers are required to access certain areas of the Site. In the event that you are concerned that they are no longer secure and confidential, you should immediately notify Tirgus by sending an e-mail to the Tirgus webmaster whereupon new Identifiers may be selected and allocated and any future transactions under the previous Identifiers may be voided, at the sole discretion of Tirgus. Without limiting the foregoing, any transactions made and accepted on the Site where your Identifiers have been used (and where you have not previously notified Tirgus as provided herein) will be treated as valid.
2. No Transfer.
   Only one account is allowed per person. Your account is not transferable. Under no circumstances shall you allow or permit any other person or third party, including without limitation any person under the legal age to participate in fantasy sports contests in your applicable Jurisdiction, and in no event any person under the age of thirteen years, to use or re-use your account or your Identifiers in such a way that may breach the standards or laws in any Jurisdiction where you are located and/or are a resident, or where such other person is located and/or is a resident. Any person found to have violated this section will not be entitled to collect any winnings and may be reported to the relevant authorities.

You Are Responsible. You agree to be solely responsible for all use of the Site and the Service through the use of any of your Identifiers (except where you have notified Tirgus that the Identifier may have been misappropriated as provided in the above paragraph)

Market Activity Fraud. You agree not to engage in activities to artificially bid up or down prices, or to collude with others to increase your portfolio in the Tirgus Program. This includes, but is not limited to, utilizing multiple contests, accounts and identities, and utilizing bots or other automated software to trade on the market. Violation of this rule may result in account termination and the trader will be declared ineligible for any contest wins.

Tirgus Dollars.

1. Value.
   Tirgus Dollars have no cash value until they are redeemed for cash. The rate at which the Tirgus Dollars may be redeemed can be changed at any time by the administrative team of Tirgus. Tirgus Dollars are not transferable upon death, by gift, as part of a domestic relations matter, or otherwise, except by operation of law.
2. My Account.
   All Tirgus Dollars are deposited in your account as margin and can be found under the link titled "My Account" . You can view your account by logging in using your username and password and clicking on "My Account." If you do not log into your account for twelve (12) consecutive months, you will have your "My Account" account liquidated and account balance re-set to $t250 Tirgus Dollars. If at any time your email account is not kept up to date, your account may be liquidated at the discretion of the administrators of Tirgus and your account balance re-set to $t250 Tirgus Dollars.
3. No Interest.
   Any cash balance in your "My Portfolio" account shall not bear interest in your favor.
4. Portfolio Cap.
   Tirgus reserves the right to re-set your account balance at any time.

Earning Tirgus Dollars. Tirgus Dollars may be earned in the future through a variety of activities on the Tirgus website and special promotions, including, but not limited to, inviting friends, filling out all fields of the member profile, creating or winning competition. PLEASE NOTE, YOU CAN NOT WIN, EARN OR OTHERWISE GAIN Tirgus DOLLARS BY CLICKING ON ANY ADS ON THIS SITE. THE TIRGUS TEAM DOES NOT ENDORSE, ENCOURAGE OR OTHERWISE PROMOTE THE ARTIFICIAL INFLATION USE OF THE ADVERTISEMENTS FOUND ON THIS SITE.

1. Registration.
   Upon registration, all members start with a balance of $t250 Tirgus Dollars. Before any member may execute a trade, these terms of service must be accepted by the member.
2. Other methods of earning Tirgus Dollars may be implemented in the future.
3. No purchase or deposit is necessary, required or accepted by Tirgus to participate.

Prizes and Prize Disbursement.

1. Prizes.
   For each contest that Tirgus may choose to hold, Tirgus shall post on the Site the relevant prizes along with the current number of contestants for each prize. Each member of Tirgus is automatically entered in most monthly contests, if any contests are held.
2. Prize Disbursement.
   Prior to the disbursement of any winnings, Tirgus reserves the right to undertake any and all inquiries and to require you to provide such information or documentation as it deems fit to verify your identity, the winnings and the authenticity of the request for such winnings. You may be required to sign and agree to an affidavit of eligibility and publicity release to enable Tirgus to use your image, voice, likeness and persona to advertise the Tirgus contest. If you fail to cooperate with such inquiries and/or to provide such information or documentation, Tirgus reserves the right to void any winnings in your account.
3. Taxes.
   It is the policy of the Site, in compliance with United States Internal Revenue Service regulations, to send a Form 1099 to any person who wins in excess of $600 (USD) on the Site in any given tax year. However, you remain solely responsible for paying all federal and other taxes in accordance with the laws that apply in your state, province, and/or country of residence.

Ownership Of Content. Except as otherwise noted, all text, graphics, user interfaces, visual interfaces, trademarks, logos, and computer code (collectively "Content"), including but not limited to the design, structure selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Tirgus Web Site ("this Site") is owned by or licensed to Tirgus, and is protected by state, federal and/or foreign trademark, trade dress, copyright, patent and trade secret and all other applicable laws and treaty provisions. ALL RIGHTS RESERVED. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos (collectively "Third Party Content") not owned by the Tirgus, that appear on the Site are the property of their respective owners and are displayed on the Tirgus with their appropriate notation (™ ,©,(etc) ("Third Parties"). Tirgus is not affiliated with such Third Parties and neither the Third Parties, nor their affiliates, sponsor or endorse Tirgus in any way. Tirgus does not sponsor or endorse Third Parties, nor their affiliates or Third Party Content in any way.

Limited License. Except as expressly provided below in this section, no part of this Site and no Content or Third Party Content may be reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution for any commercial purpose, without the prior express written consent of Tirgus for Content and applicable Third Party for Third Party Content.

You are hereby granted a non-exclusive license to use the material on this Site, but only while accessing this Site. You are also granted a license to print copies of any Content, but only for your personal use. You may not make any changes to the material you print, and you must include the copyright, trademark, and other proprietary notices exactly as they appear on the original. Except to the extent required for the purpose of reviewing material on this Site, electronic reproduction, adaptation, distribution, performance, and public display is prohibited. Commercial use of any of the Content is prohibited. Use of any of Tirgus's trademarks as metatags on other Web sites is also prohibited. You may not display this Site in frames without the express written consent of Tirgus, which may be requested by writing to Tirgus.

If you want to put a link to this Site's Home Page in another Web site, please notify us in advance of your intention to do so and request approval from Tirgus by writing to Tirgus.

Restricted Activities And Compliance With Laws. Your information and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items or items you do not have the right to sell; (c) infringe or misappropriate any third party's intellectual property rights (including copyrights, patents, trademarks, and trade secrets) or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti discrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain pornography (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (h) create liability for Tirgus or cause Tirgus to lose (in whole or in part) the services provided herein.

Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. Tirgus reserves the right to investigate and take appropriate legal action against anyone who, in Tirgus’s sole discretion, violates this provision, including without limitation, reporting the offender to law enforcement, removing the offending communication from the Service, and terminating the membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of Tirgus.

1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spamming," or "spamming";
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent;
15. contains criminal or torturous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
16. includes advertising to, or solicitation of, any Member to buy or sell any products or services through the Service. You may not transmit any chain letters, pyramid schemes or junk email to other Members. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Tirgus reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Tirgus deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the Service, you acknowledge that you will have caused substantial harm to Tirgus, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Tirgus $50 for each such unsolicited email or other unsolicited communication you send through the Service;
17. covers or obscures the banner advertisements on your personal profile page, or any SDX page via HTML/CSS or any other means;
18. intentionally violates any other applicable law or regulation while accessing and using the Tirgus site;
19. contains viruses, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer;
20. interferes with, disrupts, or creates an undue burden on the Service or the networks or services connected to the Service;
21. includes any material that you don't have the right to transmit under law (such as copyright, trade secret or securities) or under contractual or fiduciary relationships (such as nondisclosure agreements);
22. involves impersonating any person, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
23. involves using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
24. involves selling or otherwise transferring your profile; or
25. using the Service in a manner inconsistent with any and all applicable laws and regulations.

Privacy. Tirgus recognizes that when you choose to provide us with certain information about yourself, you trust us to act in a responsible manner. That is why we have put in place a Privacy Policy to protect your personal information. You should review this document before providing any personal data on the Site. Please read our Privacy Statement.

Limitation Of Liability YOU UNDERSTAND AND AGREE THAT TIRGUS AND ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES (COLLECTIVELY "AFFILIATES") WILL NOT BE LIABLE TO YOU OR TO THIRD PARTIES, OR HAVE ANY RESPONSIBILITY WHATSOEVER, FOR: (A) ANY LOSSES ARISING OUT OF OR RELATING TO A CAUSE OVER WHICH SDX OR ITS AFFILIATES DO NOT HAVE DIRECT CONTROL, INCLUDING THE FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, GOVERNMENT RESTRICTIONS, FORCE MAJEURE (E.G., EARTHQUAKE, FLOOD, SEVERE OR EXTRAORDINARY WEATHER CONDITIONS, NATURAL DISASTERS OR OTHER ACT OF GOD, FIRE, ACTS OF WAR, TERRORIST ATTACKS, INSURRECTION, RIOT, STRIKES, LABOR DISPUTES OR SIMILAR PROBLEMS, ACCIDENT, ACTION OF GOVERNMENT, COMMUNICATIONS, SYSTEM OR POWER FAILURES AND EQUIPMENT OR SOFTWARE MALFUNCTION), EXCHANGE OR MARKET RULINGS OR SUSPENSION OF TRADING; OR (B) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE DAMAGES (INCLUDING LOST PROFITS OR TRADING LOSSES) THAT YOU MAY INCUR IN CONNECTION WITH YOUR USE OF THIS SITE PROVIDED BY TIRGUS UNDER THIS AGREEMENT, EVEN IF AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

Warranties. TIRGUS PROVIDES THIS SITE "AS IS" AND WITHOUT ANY WARRANTY, TERM OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TIRGUS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADDITIONALLY, TIRGUS MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL BE ACCESSIBLE CONTINUOUSLY AND WITHOUT INTERRUPTION, OR ERROR-FREE.

Accuracy Of Information. You acknowledge that Tirgus neither assumes responsibility for nor guarantees the accuracy, currency, completeness or usefulness of any information, commentary, quotations, recommendations, advice, investment ideas or other materials that may be accessed by you through this Site or affiliated sites. This includes bulletin boards, message boards, chat services or other online conference or telecast by third party providers through the Site. Tirgus expressly disclaims any liability for such third party statements under criminal or civil laws relating to defamation, intellectual property infringement, privacy, obscenity, or other areas of law. If you choose to rely on such information, you do so solely at your own risk. You understand that the research, analysis, news or other information made available through this Site is not personalized or in any way tailored to reflect your personal financial circumstances or investment objectives, and the instruments and investment strategies discussed may not be suitable for you.

Websites. You acknowledge that when you access certain links on the Site you will leave the Site. Tirgus does not review any of the Web sites linked to this Site and does not endorse or accept any responsibility for the content of such Web sites or the products, services or other items offered through such Web sites, and therefore advises you that your access by link to third party sites is at your own risk.

Submission Of Ideas. It is a policy of Tirgus not to accept the submission of ideas, suggestions, improvements, concepts, techniques (collectively "Submissions") from the general public, unless a Membership Agreement is signed prior to or in conjunction with such Submission. If you decide to send a Submission to Tirgus prior to signing a Membership Agreement, you do so at your own risk. ANY SUBMISSIONS THAT YOU SEND TO TIRGUS PRIOR TO SIGNING THE MEMBERSHIP AGREEMENT WILL BE DEEMED NON-CONFIDENTIAL AND IN THE PUBLIC DOMAIN. TIRGUS WILL DEEM ITSELF FREE TO USE THEM WITHOUT ACKNOWLEDGING OR COMPENSATING YOU IN ANY WAY.

Advice. You acknowledge that the Site does not provide you with any legal, tax, estate planning or accounting advice or advice regarding the suitability, profitability or appropriateness for you of any security, investment, financial product, investment strategy or other matter. You acknowledge that Tirgus employees are not authorized to give any such advice, and you will neither solicit nor rely on any investment advice from any Tirgus employee. Unless otherwise specified, any information provided through this Site will not be used or considered by you as a recommendation that you buy, sell or hold a particular financial instrument or pursue any particular investment strategy. This information is not an offer, or a solicitation of an offer, to buy or sell any particular financial instrument from Tirgus.

Agreement For Non-Members. For users who are not Members of the Tirgus, these Terms of Use constitute the entire agreement between you and us relating to your access to and use of the Site and supersede any prior or contemporaneous representations or agreements, oral or written. Any rights not expressly granted by these Terms of Use are reserved by SDX. These Terms of Use may not be modified except by use as set forth in the Amendments section below. In addition to this Terms of Use, Members of the Tirgus are bound by additional Terms and Conditions including, but not limited to the Membership Agreement, Risk Disclosure Document and Privacy Policy.

Amendments. SDX reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. our continued use of this Site following the posting of changes will mean that you accept and agree to the changes.

Void Where Prohibited. Tirgus administers and operates the mytirgus.com Site. Tirgus makes no representations regarding the legality of access to or use of the Site or the Content from other countries. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Tirgus reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any product or service made on the Site is void where prohibited. If you access the Site from outside the United States you do so at your own risk and you are solely responsible for complying with applicable local country and US export laws.

Governing Law. These Terms of Use shall be construed in accordance with, and all disputes hereunder shall be governed by, the laws of the State of Illinois, as applied to contracts made and to be performed in the State of Illinois, without applying conflict of law rules.

Resolution. Tirgus is not required to arbitrate any dispute regarding confidentiality; infringement, misappropriation, or misuse of any intellectual property right; or any other claim where interim relief from a court is sought to prevent serious and irreparable injury to Tirgus or any other person or entity. As Tirgus is currently operating as a fantasy game without the need of real currency investment, the final decision in all disputes is at the discretion of the administrators of Tirgus.

Severability. If any provision of these Terms of Use is ruled invalid or otherwise unenforceable, it shall be deemed amended in order to achieve as closely as possible the same effect as originally drafted. Any invalid or unenforceable portion should be construed as narrowly as possible in order to give effect to as much of these Terms of Use as possible.

Indemnification. You agree to defend, indemnify and hold harmless Tirgus and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors from and against all liabilities, actions, claims and expenses, including legal fees arising out of or relating to: (a) your use of the Site or the Service, including any data or work transmitted or received by you or any service provider; (b) any other party's access and use of the Site or the Service with your unique Identifiers, except where you have previously notified Tirgus that you believe such Identifiers are no longer secure and confidential, as specified in Section 3(a); (c) your connection to any Tirgus site; (d) your violation of this Agreement; (e) your violation of any gaming regulations, edicts or laws to which the you are subject; or (f) your violation of any rights of a third party or service provider.

These terms may be modified at any time.