Welcome to BigUp. Please read on to learn the rules and restrictions that govern your use of our website(s), platform(s), products, services and applications (the "Services"). The Services include an interface through which you may view market data and transmit orders in event contracts to a third-party exchange (the "Prediction Markets Interface"). Provisions of these Terms expressed to apply to the Prediction Markets Interface are additional to the general provisions of these Terms and prevail over them in the event of conflict. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at: Email: support@bigup.com; Address: BigUp, Inc., 33 Irving Pl., Fl. 8, New York, NY 10003.
These Terms of Service (the "Terms") are a binding contract between you and BIGUP, INC. ("BigUp," "we" and "us"). Your use of the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document as well as those in the Privacy Policy and, in relation to the Prediction Markets Interface, all applicable requirements and restrictions of the rulebook of the Exchange (as defined below), each of which is incorporated herein by reference. Your use of or participation in certain Services may also be subject to additional policies, rules and/or conditions ("Additional Terms"), which are incorporated herein by reference, and you understand and agree that by using or participating in any such Services, you agree to also comply with these Additional Terms.
Please read these Terms carefully. They cover important information about Services provided to you and any charges, taxes, and fees we bill you. These Terms include information about future changes to these Terms, limitations of liability, a class action waiver and a resolution of disputes by arbitration instead of in court. They also describe BigUp's limited role in relation to the Prediction Markets Interface, the rights you retain before the Commodity Futures Trading Commission, and the risks of trading event contracts, all of which you should read before funding an account.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
In these Terms, the "Exchange" means QCX LLC, doing business as Polymarket US, a designated contract market registered with the Commodity Futures Trading Commission, together with any successor or additional execution venue to which BigUp connects and which it identifies to you. "Contract" means an event contract or other instrument listed for trading by the Exchange and made available through the Prediction Markets Interface. "Market Data" means the price, volume and order book data generated by the Exchange's trading system and distributed to you through the Prediction Markets Interface.
Event contracts available on BigUp are listed for trading on Polymarket US, a designated contract market regulated by the U.S. Commodity Futures Trading Commission. These are federally regulated derivative contracts. They are not sports bets, wagers, or bookmaking products, and BigUp is not a sportsbook. BigUp is an independent software vendor that provides trading technology and order routing to Polymarket US. It does not accept or hold customer funds and is not the counterparty to any transaction. BigUp is not owned or controlled by, and is not an affiliate of, Polymarket US or its clearing organization. Prices displayed are generated by the orders of market participants trading on Polymarket US. They are not odds offered by BigUp or by Polymarket US, and neither BigUp nor Polymarket US takes a position against you.
Trading event contracts involves substantial risk of loss, including loss of the entire amount paid for a contract. The registration of Polymarket US with the Commodity Futures Trading Commission does not mean that the Commission or any other government agency has approved, endorsed or sponsored Polymarket US, BigUp, the Services or any Contract, and it does not guarantee any price, outcome or participant or protect you against loss. BigUp provides software. The Exchange operates the market. In connection with the Prediction Markets Interface, BigUp displays Market Data received from the Exchange in the form and content in which the Exchange makes it available, without modification; transmits your orders directly to the Exchange's trading system; maintains a record of your Wallet balance and facilitates your activity; and provides customer support in relation to the application itself.
BigUp does not, and these Terms do not authorize BigUp to: act as the counterparty to any Contract you enter or take the other side of your order; operate an order book, match orders, internalize order flow, or route your orders to any venue other than the Exchange; execute, clear, settle, guarantee or novate any Contract; accept or hold customer funds, hold your positions, or act as custodian of funds posted as collateral for your trading; exercise discretion over your account or decide what, when or whether you trade; or provide investment, trading, tax, legal or accounting advice, or any recommendation to enter into any Contract. All decisions about order routing, trading and execution are yours alone. Educational content, market summaries, trending markets, notifications, leaderboards and sentiment indicators are provided for information only and are not recommendations, solicitations or advice.
Access to the Prediction Markets Interface does not by itself give you the right to trade. Before you can enter into any Contract you must separately be approved by the Exchange, or by a clearing firm acting for the Exchange, as a person entitled to trade; accept the Exchange's own customer-facing agreements, risk disclosures and click-through terms, which BigUp is required to present to you and which you cannot transact without accepting; and clear your Contracts through a futures commission merchant that is a clearing member of the relevant clearing organization, or otherwise as the Exchange's rulebook requires. Those parties decide in their own discretion whether to accept you. Your agreements with them are between you and them, and BigUp is not a party to them and is not responsible for their performance. You agree to be bound by the Exchange's rulebook as it applies to you, to comply with all position limits, reporting requirements and market conduct rules imposed under it, and to disclose all accounts you hold if you access the Exchange through more than one intermediary.
An order is not a Contract. It becomes a Contract only if and when the Exchange matches it. Submission does not guarantee transmission, acceptance, or execution at any particular price or quantity. Confirmations, positions and balances shown in the Services are provisional until reconciled with the Exchange, and where the two differ the Exchange's records control. Contracts settle in accordance with their terms as published by the Exchange and on the basis of the settlement source the Exchange specifies. BigUp does not determine outcomes, does not resolve markets, and has no authority to change a settlement determination; disputes about settlement are between you and the Exchange. The Exchange may correct erroneous prices, cancel or adjust trades, void or reprice Contracts, and halt or delist markets in accordance with its rulebook, and those decisions bind you.
BigUp is required to disable your access to the Prediction Markets Interface promptly on the Exchange's request, and you agree that BigUp may do so without prior notice, without liability to you, and, where the law or the Exchange prevents disclosure, without telling you the reason. BigUp is also required to notify the Exchange of suspected redistribution or misuse of Market Data and of suspected breaches of the Exchange's rulebook, to retain records of your activity sufficient to reconstruct trading activity for at least five years, and to cooperate with the Exchange, the Commodity Futures Trading Commission, the National Futures Association and any other regulator having jurisdiction, including by providing them with information about your account and activity. BigUp may change how Contracts, Market Data, disclosures and related information are displayed, and may add disclosures or labels to, or remove or suppress, any feature, message or Content, including User Content, where it considers that necessary to meet the display or marketing standards of the Exchange.
BigUp's role may change. BigUp may in future apply for, obtain or operate under registrations, licenses, memberships or approvals that would permit it to provide services beyond those described in this section, including services performed in an intermediary capacity, or in a money transmission capacity. If BigUp begins providing services in any such capacity it will amend these Terms, identify the capacity and the registration under which it acts, and provide any additional disclosures, agreements, acknowledgments and account documents that the relevant regime requires, and any such change will apply prospectively only. Nothing in these Terms is a representation that BigUp currently holds any registration, license or membership.
To use the Prediction Markets Interface you must be a resident of, and physically located in, a jurisdiction in which BigUp makes it available. You must not be a resident of, located in, or acting on behalf of any person in a country or region subject to comprehensive United States sanctions, and must not appear on any list of restricted or sanctioned persons maintained by the Office of Foreign Assets Control or any other competent authority.
You must not be a person whom the Exchange, a clearing firm or applicable law prohibits from trading, including by reason of employment, office or access to non-public information. You must open and use one account only, for your own account and benefit. Employees, officers, directors and contractors of BigUp, of the Exchange and of any clearing firm, and members of their households, may be restricted or prohibited from trading.
The Prediction Markets Interface may be unavailable in a jurisdiction in which other features of the Services are available. You must not use a virtual private network, proxy, location-spoofing tool or any other means to conceal or misrepresent your location, or to access the Prediction Markets Interface from a jurisdiction in which it is not available.
We are constantly trying to improve our Services, so these Terms may need to change along with our Services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at www.bigup.com, send you an email, and/or notify you by some other means. Except where a change is required by law, by a regulator or by the Exchange, a material change will take effect no sooner than thirty (30) days after we give notice of it, and no change to the Arbitration Agreement will apply to any dispute of which either party had notice before that change took effect. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services.
If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
BigUp takes the privacy of its users very seriously. For the current BigUp Privacy Policy, please [click here].
The Children's Online Privacy Protection Act ("COPPA") requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We do not knowingly collect or solicit personally identifiable information from children under 16 years of age; if you are a child under 16 years of age, please do not attempt to register for or otherwise use the Services or send us any personal information. If we learn that we have collected personal information from a child under 16 years of age, we will delete that information as quickly as possible. If you believe that a child under 16 years of age may have provided us personal information, please contact us at support@bigup.com. No person below the age of majority in their state of residence may hold an account or use any part of the Services, and parental or guardian permission does not change that.
You may be required to sign up for an account, select a password and user name ("BigUp User ID"), and provide us with certain information or data, such as your contact information. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not select as your BigUp User ID a name that you do not have the right to use, or another person's name with the intent to impersonate that person.
You may not transfer your account to anyone else without our prior written permission. Additionally, you may be able to access certain parts or features of the Services by using your account credentials from other services (each, a "Third Party Account"), such as those offered by Google and Apple. By using the Services through a Third Party Account, you permit us to access certain information from such account for use by the Services.
You are ultimately in control of how much information is accessible to us and may exercise such control by adjusting your privacy settings on your Third Party Account. You represent and warrant that you are an individual of legal age to form a binding contract and that you are at least the age of majority in your state of residence. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms (in which case, the references to "you" and "your" in these Terms, except for in this sentence, refer to that organization or entity).
You will only use the Services for your own internal, personal use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren't authorized to use the Services. We can't and won't be responsible for your using the Services in a way that breaks the law. You will not share your BigUp User ID, account or password with anyone, and you must protect the security of your BigUp User ID, account, password and any other access tools or credentials. You are responsible for any activity associated with your BigUp User ID and account. Before you may fund a Wallet or transmit any order through the Prediction Markets Interface, you must additionally complete identity verification. You agree to provide the information and documents that we, the Exchange, a clearing firm or a service provider request, which may include your legal name, date of birth, residential address, social security number or taxpayer identification number, government identification, a photograph or liveness check, and information about the source of your funds. You authorize BigUp and our service providers to verify that information, including by checking it against databases maintained by consumer reporting agencies, identity verification providers, sanctions list providers and government sources, and to re-verify it periodically, and you consent to geolocation checks both at registration and on a continuing basis while you use the Prediction Markets Interface.
We may refuse to open an account, refuse a transaction, delay or refuse a withdrawal, impose limits, or suspend or close your account where we are unable to verify your identity, where verification results are inconsistent with the information you gave us, where we suspect fraud, money laundering or other unlawful activity, or where applicable law, the Exchange or a clearing firm requires it; and where the law prohibits us from telling you the reason, we will not tell you.
As part of the Services, you may receive communications through the Services, including messages that BigUp sends you (for example, via email). When signing up for the Services, you will receive a welcome message and instructions on how to stop receiving messages.
You represent, warrant, and agree that you will not provide or contribute anything, including any Content or User Content (as those terms are defined below), to the Services, or otherwise use or interact with the Services, in a manner that: (a) infringes or violates the intellectual property rights or any other rights of anyone else (including BigUp); (b) violates any law or regulation, including, without limitation, any applicable export control laws, privacy laws or any other purpose not reasonably intended by BigUp; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; (d) jeopardizes the security of your BigUp User ID, account or anyone else's (such as allowing someone else to log in to the Services as you); (e) attempts, in any manner, to obtain the password, account, or other security information from any other user; (f) violates the security of any computer network, or cracks any passwords or security encryption codes; (g) runs Maillist, Listserv, any form of auto-responder or "spam" on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services' infrastructure); (h) "crawls," "scrapes," or "spiders" any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); (i) copies or stores any significant portion of the Content. For the purposes of this restriction, all Content, including any markups or modifications, shall be considered significant and prohibited for distribution to any third parties or for any other use, including by taking pictures of such Content by another device, using the screenshot feature(s) on your device, or by otherwise recording videos of the Content; (j) decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services; (k) trades on the basis of material non-public information relating to the outcome of any market, including information obtained by reason of your employment by or association with a team, league, governing body, competition organizer, broadcaster, official data provider, or the Exchange; (l) attempts to influence, or participates in any attempt to influence, the outcome of any event on which a Contract is listed; (m) constitutes manipulative or deceptive conduct, including spoofing, layering, wash trading, matched orders, marking the close, money passes, or entering orders without a genuine intent to trade; (n) coordinates orders or positions with any other person in order to evade position limits or eligibility requirements, or to create a false impression of market activity; (o) involves opening or using more than one account, using another person's account, permitting another person to use yours, or trading for the benefit of a person who is not eligible; (p) fails to disclose accounts held through other intermediaries where the Exchange's rulebook requires disclosure, or exceeds any position limit applicable across all of your accounts; (q) uses the Services to launder money, to move the proceeds of unlawful activity, or to finance terrorism or sanctioned activity; or (r) redistributes, republishes, retransmits, sells, licenses or commercially exploits any Market Data, or uses Market Data to construct, derive or benchmark any index, product or database. Items (i) and (r) do not prevent you from using a sharing feature that BigUp provides, for the purpose for which BigUp provides it, provided that you do not remove, crop, obscure or alter any disclaimer, label, watermark or attribution that BigUp attaches to the shared Content. Conduct described in (k) to (r) is reportable to the Exchange and to regulators, and BigUp will report it and cooperate with any resulting investigation. A violation of any of the foregoing is grounds for termination of your right to use or access the Services.
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, videos, images, illustrations, designs, audio-visual works, proprietary tools, logos, music, broadcasting and recording tools, User Content (as defined below) and so forth (all of the foregoing, the "Content") are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won't use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else's (including BigUp's) rights. Subject to these Terms, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content (excluding User Content) solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for any purpose other than using the Services is expressly prohibited without prior written permission from us. You understand that BigUp owns the Services. You won't modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content, but please remember that even where these functionalities exist, all the restrictions in this section still apply.
In addition to the foregoing restrictions on your use of Content, Content that includes BigUp's logos, and any other product or service name, logo, or slogan used by BigUp, and the look and feel of the Services, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of BigUp, and may not be used in whole or in part in connection with any product or service that is not that of BigUp, in any manner that is likely to cause consumer confusion, or in any manner that disparages or discredits BigUp, without our prior written permission. Market Data is not owned by BigUp. It is owned by the Exchange and licensed to BigUp, is displayed to you in the form, content and manner in which the Exchange makes it available, and is provided for your personal use in connection with your own trading through the Services only. Market Data may be delayed, incomplete or inaccurate, and prices reflect the views of market participants rather than any forecast or representation by BigUp.
BigUp allows you to distribute live-streaming and pre-recorded audio-visual works and to participate in other activities in which you may create, post, transmit, perform, or store content, messages, text, sound, images, applications, code, or other data or materials on the Services. Anything you stream, post, upload, share, store, or otherwise provide through the Services is your "User Content". User Content may be viewable by other users. You are solely responsible for all User Content you contribute to the Services. You represent that all User Content submitted by you are accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. Notwithstanding the foregoing, User Content does not include any markup or visual commentary that you create, perform or otherwise add while using BigUp's service. You agree that you will not post, upload, share, store, or otherwise provide through the Services any User Content that: (i) infringe any third party's copyrights or other rights (e.g., trademark, privacy rights, etc.); (ii) contain sexually explicit content or pornography; (iii) contain hateful, defamatory, or discriminatory content or incite hatred against any individual or group; (iv) exploit minors; (v) depict unlawful acts or extreme violence; (vi) depict animal cruelty or extreme violence towards animals; (vii) promote fraudulent schemes, multi-level marketing (MLM) schemes, get rich quick schemes, online gaming and gambling, cash gifting, work from home businesses, or any other dubious money-making ventures; or (viii) violate any law.
In addition to the rules above, User Content that refers to the Prediction Markets Interface, the Exchange, any Contract or any trading must not: (i) show or describe any order, trade, position, balance, profit or loss, price, confirmation or other trading activity that did not actually occur or that has been altered, staged or simulated, or that is not accurate and current as of the time represented, or present another person's trading as your own; (ii) state or imply that any outcome or profit is guaranteed or likely, that trading is low-risk, risk-free or suitable for everyone, or that trading is a way to make money quickly or to pay off debt; (iii) be directed at persons under the minimum age to use the Prediction Markets Interface, or show any such person trading or endorsing trading; (iv) encourage or explain how to circumvent eligibility, identity verification or location controls, including by using a virtual private network, or how to access a trading platform that is not available in the viewer's jurisdiction; (v) encourage trading on material non-public information or any conduct described in items (k) to (p) under "Are there restrictions in how I can use the Services?"; (vi) state or imply that regulation of the Exchange by the Commodity Futures Trading Commission means that any government agency approves, endorses or sponsors the Exchange, BigUp or any Contract, or protects anyone against loss; or (vii) state or imply that a Contract is available through the Prediction Markets Interface when it is not, or misidentify the platform on which a Contract is listed or on which a price was generated or a trade was placed. Discussion of Contracts that complies with these Terms is not promotion of online gaming or gambling for the purposes of item (vii) under "User Content" above. BigUp may add disclaimers, labels or attribution to, limit the distribution of, or remove any User Content to which this section applies. You must not remove, crop, obscure or alter any disclaimer, label, watermark or attribution that BigUp adds to User Content or to Content you share.
In order to display your User Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User Content (see below for more information). Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Content that are also your personally-identifiable information. By streaming, displaying, or otherwise submitting User Content through the Services, you hereby do and shall grant BigUp a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content, as well as any markup or visual commentary that you create, perform or otherwise add while using BigUp's service, in connection with this site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of this site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your account or the Services. You also hereby do and shall grant each user of this site and/or the Services a non-exclusive, perpetual license to access your User Content through this site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights. Certain features of the Services allow you to share information with others, including through your social networks or other services where you have an account ("Third Party Accounts").
When Content is authorized for sharing, we will clearly identify the Content you are authorized to redistribute and the ways you may redistribute it, usually by providing a "share" button on or near the Content. If you share information from the Services with others through your Third Party Accounts, such as your social networks, you authorize BigUp to share that information with the applicable Third Party Account provider. Please review the policies of any Third Party Account providers you share information with or through for additional information about how they may use your information. If you redistribute Content, you must be able to edit or delete any Content you redistribute, and you must edit or delete it promptly upon our request. You understand and agree that BigUp, in performing the required technical steps to provide the Services to our users (including you), may need to make changes to your User Content to conform and adapt those User Content to the technical requirements of connection networks, devices, services, or media, and the foregoing licenses include the rights to do so. You agree, additionally, that BigUp may, at its discretion, edit or restrict access to specific parts of your User Content or to the Content generally, in order to protect its proprietary content or for reasons of compliance with applicable law or regulations.
You may promote, administer, or conduct a promotion (e.g., a contest or sweepstakes) through the Services (a "Promotion"), provided you must adhere to the following rules: (i) you may carry out Promotions to the extent permitted by applicable law and you are solely responsible for ensuring that any Promotions comply with any and all applicable laws, obligations, and restrictions; (ii) you will be classified as the promoter of your Promotion in the applicable jurisdiction(s) and you will be solely responsible for all aspects of and expenses related to your Promotion, including without limitation the execution, administration, and operation of the Promotion; drafting and posting any official rules; selecting winners; issuing prizes, and obtaining all necessary third-party permissions and approvals, including without limitation filing any and all necessary registrations and bonds; and (iii) you may not indicate that BigUp is a sponsor or co-sponsor of the Promotion. BigUp is not responsible for and does not endorse or support any such Promotions. BigUp has the right to remove your Promotion from the Services if we reasonably believe that your Promotion does not comply with these Terms or applicable law.
Subject to these Terms, you may share political opinions, participate in political activity, provide links to a political committee's official website, including the contribution page of a political committee, and solicit viewers to make contributions directly to a political committee. You agree that these activities are entirely your own and that by engaging in these activities, you represent and warrant that you are eligible to engage in them under applicable law, and that you will abide by all relevant laws and regulations while doing so.
We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, or, in our sole determination, likely to become subject to copyright claims, and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn how to report potentially infringing content, click here.
Any information or Content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren't liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can't guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. The Services may contain links or connections to third-party websites or services that are not owned or controlled by BigUp. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that BigUp is not responsible for such risks. BigUp has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the Services. In addition, BigUp will not and cannot monitor, verify, censor or edit the content of any third-party site or service. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that BigUp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site or Services, or between users and any third party, you agree that BigUp is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release BigUp, its directors, officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. You shall and hereby do waive California Civil Code Section 1542 or any similar law of any jurisdiction, which says in substance: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
We're always trying to improve our Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We'll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn't always practical. We reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
This section is a summary written by BigUp. It does not replace the risk disclosures the Exchange or a clearing firm gives you, which you must read separately and which control where they differ. YOU CAN LOSE THE ENTIRE AMOUNT YOU COMMIT. Contracts settle at a fixed value or at zero. If the event does not resolve in the direction of your position, your position becomes worthless and you lose the full amount you paid for it. Losses are realized, immediate and final. Only commit money you can afford to lose entirely; do not fund your account with money you need for living expenses, and do not fund it with borrowed money.
By using the Prediction Markets Interface you further acknowledge that: Contracts are financial instruments traded on a market regulated by the Commodity Futures Trading Commission, and are not fantasy sports entries, sports wagers, bookmaking products or casino products, so the consumer protections attached to those products do not apply; prices are set by other participants and not by BigUp, and a price does not represent a probability determined by BigUp; markets may be illiquid, so you may be unable to close a position before settlement or may only be able to do so at an unfavorable price; prices can gap on news, injury reports, in-game events and changes in participation without any opportunity to trade in between; settlement depends on a third-party source that may be delayed, corrected or disputed; funds posted as collateral are held by the Exchange or its settlement bank and are subject to the segregation, default and insolvency rules that apply to them, so in an insolvency your recovery may be delayed, partial, or determined under the commodity broker liquidation provisions of the United States Bankruptcy Code; outages, latency and connectivity failures can prevent you from trading or from seeing accurate information; no historical price, record or leaderboard position is an indication of future results; and BigUp has no duty to assess whether any Contract is suitable or appropriate for you.
Trading Contracts can be financially and psychologically harmful for some people, and that risk is not limited to products legally classified as gambling. We make available in the application deposit limits that you may set for a day, a week or a month; loss limits and session time reminders; a cooling-off period during which you can withdraw funds but cannot trade; and self-exclusion for a period you select or permanently. A limit or exclusion you set takes effect promptly; a request to loosen or remove one takes effect only after a delay, and a self-exclusion cannot be reversed before the period you chose has ended. We may also apply limits or close an account on our own initiative where we have concerns about a user's wellbeing or about the source of their funds. Marketing and promotions will not be sent to a user who is self-excluded or in a cooling-off period. We do not offer credit and do not lend money to fund an account. If gambling or trading is causing you harm, free confidential help is available from the National Problem Gambling Helpline at 1-800-GAMBLER, twenty-four hours a day.
Certain features of the Services are free to use. The Prediction Markets Interface is a paid product. We may charge a fee for using the Services. If you are using a free version of the Services, we will notify you before any Services you are then using begin carrying a fee, and if you wish to continue using such Services, you must pay all applicable fees for such Services. Note that if you elect to receive text messages through the Services, data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Services. Paid Services: Certain of our Services may be subject to payments now or in the future (the "Paid Services"). Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of these Terms.
Billing. For certain features in the BigUp platform, we may use a third-party payment processor (the "Payment Processor") to bill you through a payment account linked to your account on the Services (your "Billing Account") for use of the Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any error by, or other acts or omissions of, the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms, and you authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payment using that selected Payment Method. We reserve the right to correct any errors or mistakes that the Payment Processor makes even if it has already requested or received payment.
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. IF YOU FAIL TO PROVIDE ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT WE MAY CONTINUE CHARGING YOU FOR ANY USE OF PAID SERVICES UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR PAID SERVICES AS SET FORTH ABOVE.
Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and we shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.
Your Wallet. The "Wallet" is a record of the United States dollar balance attributable to you within the Services. It is not a bank account, it is not a deposit, and it is not insured by the Federal Deposit Insurance Corporation (FDIC) or any other insurer. No interest accrues on any balance and you have no right to any interest, yield or investment return that may be earned on funds attributable to your Wallet. The Wallet is for your own personal use, and you may not use it to transfer value to another person or as a payment mechanism for anything other than your use of the Services.
Funding authorization. By funding your Wallet you authorize BigUp and any affiliate that BigUp designates to act as your agent for the limited purpose of facilitating the transmission funds to or the receiving of funds from the Exchange and any clearing firm on your behalf, and to give and receive instructions in connection with those transfers, and you agree that BigUp may provide a copy of this authorization to the Exchange. You acknowledge that once funds are in custody of the Exchange, the Exchange or its settlement bank holds them as ultimate custodian, that they serve as collateral for your trading activity under the Exchange's rulebook, and that your rights in respect of them are governed by the Exchange's documents and by applicable law. BigUp does not guarantee the return of those funds.
Deposits and withdrawals. Deposits must come from a payment instrument held in your own name; cash and checks are not accepted; and we may set and change minimum and maximum amounts and daily, weekly or monthly limits. We may decline, reverse, void or delay a deposit, including where fraud is suspected, where the instrument is not in your name, where identity verification is incomplete, or where the corresponding transfer to the Exchange is not confirmed, in which case the amount will be returned to the original payment instrument. A withdrawal requires funds to be returned from the Exchange and is subject to the Exchange's and any clearing firm's processes and timing; funds committed to open orders or open positions are not available for withdrawal; and we may require completed identity verification, require that funds be returned only to an instrument in your own name, and apply holding periods, limits and screening before releasing funds.
Negative balances and set-off. If your balance becomes negative for any reason, including a chargeback, a reversal, a pricing or settlement error, or a correction by the Exchange, you remain liable to us for the full amount and agree to pay it on demand, and we may set off any amount you owe against any balance attributable to you. If a balance is credited to you in error, we may reverse it and you agree not to treat an erroneous credit as your property.
Third-party fees. Separately from any BigUp fee, the Exchange, the clearing organization and any clearing firm charge their own fees, commissions and assessments in connection with your Contracts, which are set and disclosed by those parties and may be deducted from your funds without BigUp's involvement.
Dormant accounts. If your account is inactive for the period specified by the unclaimed property law of your state of residence, the balance may be required to be reported and delivered to that state, and we may charge a reasonable dormancy fee where state law permits.
You're free to do that at any time by contacting us at support@bigup.com; please refer to our Privacy Policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Services. Before closing your account you must close or allow to settle all open positions and withdraw your available balance, and closure does not extinguish obligations that accrued before it.
We may also suspend, restrict or terminate your access to all or part of the Services where we are required to do so by applicable law, by a regulator, by the Exchange or by a clearing firm; where we suspect a breach of these Terms, of the Exchange's rulebook or of applicable law; where we suspect fraud, market abuse or money laundering, or that your account has been compromised; where identity verification cannot be completed; where you become ineligible; or where we cease to offer a product in a jurisdiction or generally. Where we do so you may be unable to trade, to close positions or to access funds until the matter is resolved, but we will not exercise these rights to deprive you of funds to which you are entitled.
BigUp is also free to terminate (or suspend access to) your use of the Services or your account for any reason in our discretion, including your breach of these Terms. BigUp has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Content you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone's safety or security, or otherwise harmful to the rights or property of BigUp.
If you have deleted your account by mistake, contact us immediately at support@bigup.com:we will try to help, but unfortunately, we can't promise that we can recover or restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us, including without limitation the arbitration agreement.
BigUp and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (BigUp and all such parties together, the "BigUp Parties") make no representations or warranties concerning the Services, including without limitation regarding any Content contained in or accessed through the Services, and the BigUp Parties will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services or any claims, actions, suits, procedures, costs, expenses, damages or liabilities arising out of use of, or in any way related to your participation in, the Services. The BigUp Parties make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through or in connection with the Services. THE SERVICES AND CONTENT ARE PROVIDED BY BIGUP (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL ANY OF THE BIGUP PARTIES BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) ONE-HUNDRED ($100) DOLLARS OR (II) THE AMOUNTS PAID AND/OR PAYABLE BY YOU TO BIGUP IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM, (D) ANY MATTER BEYOND OUR REASONABLE CONTROL, (E) ANY LOSS ARISING FROM THE ACTS, OMISSIONS, INSOLVENCY OR DEFAULT OF THE EXCHANGE, A CLEARING ORGANIZATION, A CLEARING FIRM, A SETTLEMENT BANK, A PAYMENT PROCESSOR OR ANY OTHER THIRD PARTY, OR (F) ANY LOSS ARISING FROM A SETTLEMENT DETERMINATION, A TRADE CANCELLATION OR ADJUSTMENT, A MARKET HALT OR A DELISTING BY THE EXCHANGE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTHING IN THESE TERMS LIMITS OR EXCLUDES ANY LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold the BigUp Parties, the Exchange and any clearing firm through which your Contracts are cleared harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your User Content or your misuse of the Services (including any actions taken by a third party using your account where you failed to protect your credentials), (b) your violation of these Terms or of the Exchange's rulebook, or (c) your violation of applicable law or of any third party's rights, in each case except to the extent caused by the gross negligence or willful misconduct of a BigUp Party. In the event of such a claim, suit, or action ("Claim"), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without BigUp's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of New York, without regard to the conflicts of laws provisions thereof.
Please read the following arbitration agreement carefully because it requires you to arbitrate certain disputes and claims with BigUp and limits the manner in which you can seek relief from BigUp. Nothing in this Arbitration Agreement limits your right to file a complaint with any regulator, including the Commodity Futures Trading Commission, the National Futures Association, the Consumer Financial Protection Bureau or a state attorney general, or to commence a reparations proceeding under section 14 of the Commodity Exchange Act and part 12 of the Commission's regulations where that right is available to you. Complaints about execution, settlement, clearing, or the handling of funds after they reach the Exchange must be raised with the Exchange or the relevant clearing firm through their own complaints processes. Both you and BigUp acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, BigUp's officers, directors, employees and independent contractors ("Personnel") are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third-party beneficiary hereof.
a. Arbitration Rules; Applicability of Arbitration Agreement. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement arising out of or relating to the subject matter of these Terms directly through good-faith negotiations, which shall be a precondition to either party initiating arbitration. A party wishing to raise a dispute must first send the other a written notice describing the claim and the relief sought (for notices to BigUp, to support@bigup.com; for notices to you, to the email address associated with your account), and neither party may commence arbitration until sixty (60) days after that notice is received. Any applicable limitations period is tolled during that time. If such negotiations do not resolve the dispute, it shall be finally settled by binding arbitration in New York County, New York. The arbitration will proceed in the English language, in accordance with the JAMS Streamlined Arbitration Rules and Procedures (the "Rules") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property, commercial contract and financial services disputes. The arbitrator shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. The arbitrator shall have exclusive authority to resolve any dispute about the interpretation, applicability, enforceability or formation of this Arbitration Agreement, except that a court shall decide any dispute about the enforceability of the waiver of class or consolidated actions in (e).
b. Costs of Arbitration. The Rules will govern payment of all arbitration fees. BigUp will pay all arbitration fees for claims less than seventy-five thousand ($75,000) dollars. BigUp will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
c. Small Claims Court; Infringement. Either you or BigUp may assert claims, if they qualify, in small claims court in New York County, New York or any United States county where you live or work. Furthermore, notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights.
d. Waiver of Jury Trial. YOU AND BIGUP WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and BigUp are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and BigUp over whether to vacate or enforce an arbitration award, YOU AND BIGUP WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
e. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, the claims and requests for relief to which it is held invalid or unenforceable will be resolved in a court as set forth in (g) and (h) below, and all other claims will remain subject to arbitration.
f. Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: 33 Irving Place, New York, NY 10003, or by email to support@bigup.com, postmarked or sent within thirty (30) days of first accepting these Terms. You must include (i) your name and residence address, (ii) the email address and/or telephone number associated with your account, and (iii) a clear statement that you want to opt out of these Terms' arbitration agreement.
g. Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or BigUp to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party, and both you and BigUp agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in, respectively, New York County, New York, or the federal district in which that county falls.
h. Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable as to any claim or request for relief (including any request for public injunctive relief), then that claim or request for relief, and only that claim or request for relief, shall be severed and resolved in court as set forth in (g) after arbitration of all remaining claims has concluded, and the remainder of this Arbitration Agreement will remain in full force and effect. This arbitration agreement will survive the termination of your relationship with BigUp.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, including any gain on Contracts. We may be required to collect tax information from you, to report amounts to tax authorities and to issue information returns, and if you do not provide the tax information we request we may withhold amounts, refuse withdrawals, or suspend your account. BigUp does not give tax advice. BigUp may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and BigUp agree that these Terms are the complete and exclusive statement of the mutual understanding between you and BigUp, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms.
You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of BigUp, and you do not have any authority of any kind to bind BigUp in any respect whatsoever. Except as expressly set forth in the section above regarding the arbitration agreement, you and BigUp agree that the Exchange, the clearing organization through which your Contracts are cleared and any clearing firm are intended third-party beneficiaries of the provisions of these Terms governing the Prediction Markets Interface and may enforce them directly, and that there are no other third-party beneficiaries intended under these Terms.