1.

THE AGREEMENT

2.

OPENING AN ACCOUNT

2.1

Conditions

2.2

Acceptance

2.3

Assessment of Information Provided

2.4

Registration Process

2.5

Misuse of Account

2.6

Account Suspension and Closure

7.

TRADING

7.1

General

7.2

Trading Hours

7.3

Entering Orders

7.4

Types of Order

7.5

Canceling Orders

7.6

Trades

7.7

Trading Rules

7.8

Contract Expiry

8.

SETTLEMENT

8.1

General

9.

INITIAL MARGIN

9.1

General

10.

MARGIN CALLS

11.

DaVinciTrade FEES

12.

GENERAL LEGAL

13.

LIMITATIONS ON DaVinciTrade's LIABILITIES

14.

INDEMNITY

15.

INTELLECTUAL PROPERTY AND RIGHTS TO USE

16.

PLAYMONEY, GRANT OF LICENSE/INTELLECTUAL PROPERTY/USE OF THE SITE

1.

THE AGREEMENT

1.1

These Rules and Privacy Policy set out the basis on which DaVinciTrade provides services to you and governs your use of the service.  Special terms ( Rules, Specifications, and Announcements) apply for each market and also constitute part of these Rules.

1.2

DaVinciTrade provides services to its users including real currency and virtual currency prediction market trading.  DaVinciTrade enables its members to purchase Market shares and trade on various events between themselves.  

DaVinciTrade and all services provided by the Company are provided strictly on an "as-is" basis.

DaVinciTrade is not a bookmaker nor is it involved in the business of betting or wagering.  DaVinciTrade collects fees from its account holders on trade execution and revenue from 3rd. party advertisers.

1.3

DaVinciTrade The Prediction Market is a company registered in Costa Rica.  In these Rules, the terms, “DaVinciTrade” and “Exchange” refer to DaVinciTrade The Prediction Market.

1.4

DaVinciTrade may vary these Rules at its sole discretion at any time.  Notification of any changes will be posted on DaVinciTrade website for at least five days.  All changes will apply to all outstanding trades, orders and financial transactions.  You agree that should you object to these Rules or any subsequent modification, or are dissatisfied with the service; your only recourse is to close your account.

1.5

It is your responsibility to remain aware of any changes made to our Rules by reviewing DaVinciTrade website on a regular basis.

1.6

Unless explicitly stated by DaVinciTrade, any new services or features made available by DaVinciTrade to its members that enhance or are additional to the current service shall be subject to our Rules.

1.7

All notices that DaVinciTrade sends to you regarding the service shall be delivered via e-mail to the e-mail address provided by you.  Notices from you on DaVinciTrade pursuant to these Rules shall be delivered to DaVinciTrade at the e-mail address given on DaVinciTrade’s website.  Communications shall be deemed to have been delivered at the time of transmission.

1.8

DaVinciTrade will use reasonable endeavours to provide you with support via e-mail.  Any requests for support should be directed to DaVinciTrade using the details provided in the "Contact Us" page.

1.9

This agreement comes into effect when a prospective user accesses DaVinciTrade.

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2

OPENING AN ACCOUNT

2.1

Conditions

To open an account, you must meet the following conditions:

2.1.1

You must carefully read and agree to our Rules, the Privacy Policy and any other rules and regulations posted by DaVinciTrade.

2.1.2

You must be age 18 or over.

2.1.3

You must not already hold an account or have had an account that has been closed by DaVinciTrade.

2.1.4

You are not prohibited from using the services of DaVinciTrade for any reason whatsoever, and your use will not cause DaVinciTrade to violate any law from any jurisdiction from which you use the service.

2.2

Acceptance

By opening an account on DaVinciTrade you recognize and warrant that:

2.2.1

All transactions are contracted and settled on DaVinciTrade's servers in Costa Rica and are governed by Costa Rica law.

2.2.2

You are solely responsible for meeting any requirements of your local tax authorities.

2.2.3

Trading on DaVinciTrade is an activity predominantly based on skill, not of chance.  You undertake that, when using DaVinciTrade's services, you will not rely predominantly on chance and you will not make any offer or series of offers that would, if matched, be considered an illegal activity.

2.2.4

You may lose money on DaVinciTrade trades.

2.2.5

You agree to keep your account number and password confidential and accept that you are fully liable for all trading losses, orders and payment transactions on your account, even if you are acting on behalf of a syndicate, employer or agent.

2.2.6

You must provide and, where appropriate, update DaVinciTrade with all information that it requires to meet its anti-money laundering obligations.

2.2.7

All information provided by you must be a true, accurate, current and complete description of your circumstances.  You are responsible for informing DaVinciTrade via the website of any changes to the account information provided.  DaVinciTrade is not responsible if you incur any losses because it was unable to contact you.

Register/Join (Clicking this link will take you to the Registration page)

2.3

Assessment of Information Provided

2.3.1

DaVinciTrade will handle all information provided by you on a confidential basis and in accordance with DaVinciTrade' Privacy Policy.

2.3.2

In opening an account, you agree that DaVinciTrade:

a)

may conduct checks on the information that you have provided to ensure that it is correct and that you meet the conditions for becoming an account holder of DaVinciTrade.  You authorize DaVinciTrade to use any means necessary to verify your registration details and check your credit worthiness.

b)

is held harmless against any falsehood or inaccuracy contained in the information you provide when registering as a member.

2.4

Application Process

2.4.1

You may apply to open an account using the Registration process on the website.

2.4.2

When DaVinciTrade has accepted your application it will prepare an account and send you an e-mail with your password. 

2.4.3

You must deposit funds into your account if you wish to trade real money Markets.

2.4.4

DaVinciTrade is entitled to reject your application without giving you a reason.

2.5

Misuse of Account

2.5.1

You agree to disable automatic password memory features in your browser and ensure that you exit from your account at the end of each session.

2.5.2

If you suspect that someone else is using your account, you agree to immediately change your password and inform DaVinciTrade by e-mail. When DaVinciTrade is informed it will suspend your account for you.

2.6

Account Suspension and Closure

2.6.1

DaVinciTrade may suspend or close your account at any time without giving you a reason, without further obligation or liability to you. Any monies in your account due you will be refunded.

2.6.2

If your account is suspended by DaVinciTrade you cannot enter new orders or make deposits/withdrawals and your open orders will be cancelled.

2.6.3

You will be unable to access your account if you fail to login correctly on several consecutive occasions. To reset your account you must access DaVinciTrade by eMail and apply for a new password.

2.6.4

You may only request to close your account by contacting DaVinciTrade. Use the "Contact Us" section of the website.

2.6.5

You may only close your account when there are no open orders or positions and all payments have cleared.

2.6.6

If DaVinciTrade closes your account then it may, at its sole discretion, choose to take any or all of the following actions:

a) cancel any or all of your outstanding orders and/or trade out of any open positions in your account;

b) offset any money in your account to cover losses made on all of your transactions, instigated either by you or DaVinciTrade, and any costs incurred by DaVinciTrade in determining and handling your breach of these Rules, including, without limitation, legal costs;

c) recover any losses resulting from the close out of positions by charging to your credit card on file.

2.6.7

In closing your account, you recognize that DaVinciTrade's priority is to protect itself, the integrity of its markets and the interests of its other members.  DaVinciTrade neither has any obligation to minimize your losses nor to consult with you regarding its actions.

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7

TRADING

7.1

General

7.1.1

DaVinciTrade recommends that all members view available media recordings and read all information posted prior to trading on DaVinciTrade.

7.1.2

DaVinciTrade provides an order queue for all listed Markets.  Members may enter orders or cancel orders through DaVinciTrade website Markets page.

7.1.3

DaVinciTrade accepts no responsibility for any losses incurred due to a member's inability or delay in accessing or using the website.  You are reminded that the Market Rules contain additional specific regulations relating to trading on Markets.

7.2

Trading Hours

7.2.1

Trading hours, during which orders may be entered and matched, are normally 24 hours per day subject to maintenaince.

7.2.2

Trading hours or down time due to maintenaince may be announced at short or no notice.

7.2.3

Trading services may be temporarily suspended to permit scheduled system maintenance and enhancements, after all Markets have been paused.

7.2.4

To ensure an orderly market, DaVinciTrade retains the right to pause trading in a Market for any period, at any time and for any duration.  While a market is paused, no new orders may be added but open orders may be canceled.

7.2.5

Trading Services may be temporarily unavailable for any number of non-scheduled technical reasons including but not limited to hardware or software failures, or failures related to the Internet.

In such eventualities, DaVinciTrade will endeavor on a best efforts basis to follow the procedure detailed below. However, if for whatever reason DaVinciTrade is unable to follow its procedure, any claimed or actual loss suffered by a member for any reason will not be the liability of DaVinciTrade.

If trading services become unavailable all due to hardware, software or other problems, DaVinciTrade will endeavor on a best efforts basis to pause all in-running Markets and cancel all open orders before trading services are made available again to trading members.  This procedure is designed to protect members who had left orders on an order queue from loss caused by the movement of a market during the downtime.

If orders entered by a member on a running market before the trading services became unavailable to all, are matched after trading services become available, DaVinciTrade will look at the underlying market and determine if the order was executed at an unrepresentative price at the time the order matched.  In such a case certain trades may be unwound in the interest of maintaining an orderly Market.

For the avoidance of doubt all positions entered into before any downtime will stand.

7.3

Entering Orders

To trade on DaVinciTrade, you must first enter an order.  A trade is executed when either your new order is entered and another member subsequently matches all or part of your order, or your new order immediately matches all or part of another member's open order.

7.3.1

Orders are limited in quantity to the maximum order size.

7.3.2

Your order will be rejected if you have insufficient "Available Funds" to cover the new initial margin requirement.

7.4

Types of Orders

All orders are limit orders with or without a price range.
All orders have an option for time interval before auto cancel unless cancelled orders stay on the order book till filled or expiry at which time they are auto cancelled.
If an order has a price range that price range is invisible to other traders.
A price range order is filled by priority, first one in has priority and will be filled closest to their price point.

Currently we do not support all or none.
Currently we do not support any APIs.

Any order can be cancelled as long as it has not been filled.

Any attempt to manipulate a market or circumvent any rule may result in loss of trading privileges.  To check the order delay time check the Market specification or contact DaVinciTrade for additional details.

7.5

Canceling Orders

7.5.1

When you enter a timed order, any remaining, unexecuted quantity of a timed order is automatically cancelled at either the end of the stated time or the expiry of the Market, whichever is earlier.

When you entered an order it will remain on the order queue until you cancel it, the Market expires or it has been matched.

7.5.2

You may cancel orders that have not been matched at any time before the expiry of that Market.

7.6

Trades

When DaVinciTrade matches your order with another member's order it becomes a trade.

7.6.1

Matching occurs when a YES/NO price point is placed in the order queue and an order already in the queue would match up with your price point.

7.6.2

Where the quantity of the new order is less than the order already on the order queue, the smaller quantity will match and the remaining quantity will remain on the order queue. This is known as a "partial fill".

7.6.3

When matching orders, DaVinciTrade gives priority first by time and then by the price that the order was received by DaVinciTrade. The order queue is searched by time order from the first entry till the last until it finds a match to your order then it fills your order.

7.6.4

Members are notified of new trades in the "Your Account" section of the "Trading Screen" on the Markets page.

7.6.5

Once an order is filled, it can either be traded to another member that is willing to pay your price point/price range or you can hold till the event occurs and if you are correct receive your expiry payment.

7.6.6

It is possible that you may enter an order, which appears to match against an existing order but that order may either have been withdrawn or matched by another member before DaVinciTrade receives your order.

7.7

Trading Rules

7.7.1

All Markets are subject to the applicable "Rules" found on the Markets page for each Market via a "Rules" link.

7.8

Contract Expiry

7.8.1

DaVinciTrade expires a contract after the conclusion of the relevant event(s).

7.8.2

Unless the relevant Rules state otherwise, DaVinciTrade has the right to expire the markets early if the end result of the market is clear and not subject to change.

7.8.3

Rules governing specific markets, are contained and supplemented by the Market rules and DaVinciTrade News announcements. If you are unsure about any rules you must contact DaVinciTrade before you trade.

7.8.4

When DaVinciTrade expires a Market, it takes the following actions:

a) closes the Market to prevent further trading;

b) cancels any outstanding orders;

c) sets an expiry price

c) calculates the expiry profit/loss and amends your account;

d) re-calculates initial margin on your remaining open positions and orders.

7.8.5

Where there is doubt over the amount of an expiry price, DaVinciTrade will delay the setting of that expiry price until a price may be set and, as part of the variation margin calculation, re-value any expired prices at DaVinciTrade's best estimate of the expiry price.

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8.0

Settlement

8.1

General - DaVinciTrade settles all accounts less applicable fees.

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9

INITIAL MARGIN

9.1

General

9.1.1

DaVinciTrade requires your account to have funds to cover your worst case future potential losses on your open orders, shares and positions.

9.1.2

Initial margin is calculated and frozen funds amended each time you enter/cancel an order or execute a trade. Your order will be rejected if you have insufficient funds to cover the initial margin requirement.

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10

MARGIN CALLS

10.1

DaVinciTrade may make a "margin call" by e-mailing you to deposit more funds if you have insufficient funds in your account to cover the required margin.

10.2

If, within 2 days of the margin call you fail to deposit required funds or reduce your open position to a level whereby you have sufficient margin, DaVinciTrade has the right to take any or all of the following actions:

a) immediately terminate this agreement and close your account;

b) cancel some or all of your open orders and reduce your open positions without further notice to you.

10.3

In taking action, DaVinciTrade does not have any obligation to trade at any particular price when it liquidates your positions, to minimize any losses you may incur as a result of DaVinciTrade liquidating your account or consult with you about the actions it feels necessary to take.

10.4

You have a responsibility to monitor your account and ensure that you have sufficient funds in your account. Members are strongly recommended to deposit additional funds if they are unable to monitor their account for a period of time.

10.5

DaVinciTrade may choose not to make a margin call if it deems the amount to be too small. Such a decision does not affect your liability to DaVinciTrade.

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11

FEES

11.1

DaVinciTrade Fees

11.1.1

DaVinciTrade charges fees for trading same as a real money site, but here at DaVinciTrade.net all references to money, fees, funds and payouts are in "play" money, not real currency.

11.1.2

Current fees are displayed in "Fees" on the Information page.

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12

GENERAL LEGAL

12.1

The failure of DaVinciTrade to take action in respect to any breach of these Rules shall not constitute a waiver of any other breach of the same or any other provisions of these Rules and no waiver shall be effective unless made in writing.

12.2

If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall either be interpreted in a way which can be enforced and is near to the original intent or be severed from the remainder of this Agreement, the remainder of this Agreement continues to be valid and enforceable to the fullest extent permitted by law.

These Rules (incorporating Market specific rules or related DaVinciTrade Announcements) constitute the entire agreement between you and DaVinciTrade and supersede all prior oral or written agreements, understandings, representations or arrangements (unless fraudulent) between you and DaVinciTrade relating to the provisions of the service under these Rules.

These Rules and the agreement they create between you and DaVinciTrade is personal to you and you may not transfer or assign the agreement or any part to any third party.

These Rules shall be construed and governed by the laws of Costa Rica and you hereby irrevocably submit to the non-exclusive jurisdiction of the Costa Rica courts. Irrespective of the foregoing, you agree to comply with your local laws that may apply to your ability to access, use and deal with the services of DaVinciTrade in any manner.

12.6

DaVinciTrade shall not be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including, without limitation, fires, flood and strikes (of its own or other employees), technology, network or power supply failures.

12.7

You agree that your calls made to DaVinciTrade may be recorded for member service or security purposes.

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13

LIMITATIONS ON DaVinciTrade's LIABILITY

13.1

The DaVinciTrade service is subject to availability.  DaVinciTrade will use its reasonable endeavors to provide you with a continuous service but DaVinciTrade makes no warranty or representation that the service will be uninterrupted or error free, nor is any warranty given that the content contained on the website does not contain viruses or may otherwise impact your computer.  You acknowledge that neither DaVinciTrade nor any other party has any control over the internet.

13.2

DaVinciTrade services are provided on an "as is" basis and DaVinciTrade make no warranties or representations of any kind either express or implied in relation to the service including but not limited to warranties or conditions of completeness, accuracy, timeliness, quality (satisfactory or otherwise), merchantability and fitness for a particular purpose.

13.3

No advice or information whether oral or written obtained by you from DaVinciTrade or through or from the service shall create any warranty not expressly stated in these Rules.

13.4

Save as expressly set out in these Rules, all conditions and warranties which may be implied or incorporated into these Rules by law or otherwise are hereby expressly excluded to the extent permitted by law.

13.5

Except for death and personal injury arising from DaVinciTrade's negligence, DaVinciTrade shall not be liable for any indirect, incidental, special, punitive or consequential loss or damages arising from or in connection with these Rules or your use of any DaVinciTrade provided services.

13.6

DaVinciTrade's maximum aggregate liability under these Rules for any direct loss or damage that you may suffer shall be limited to the aggregate amount on deposit by you with DaVinciTrade for the purposes of your use of the service.

13.7

If any exclusion, disclaimer or other provision contained in these Rules is held invalid for any reason and DaVinciTrade becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the aggregate amount deposited by you with DaVinciTrade for the purposes of your use of the service.

13.8

DaVinciTrade accepts no liability for any defamatory, obscene or offensive material published on the service, whether on the website, by e-mail or otherwise and you agree to fully indemnify DaVinciTrade for all liability, incurred through your use of DaVinciTrade and incurred by DaVinciTrade in relation to any publication by you. DaVinciTrade accepts no liability for the content of any other sites linked to DaVinciTrade's website.

13.9

Some jurisdictions do not permit the limitation or exclusion of liability for loss or damage or the limitation or exclusion of certain implied warranties. Accordingly some of the limitations and exclusions specified in these Rules may not apply to you.

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14

INDEMNITY

You agree to fully and effectively indemnify and keep indemnified at all times DaVinciTrade and its officers, directors, employees, affiliates and agents, immediately on demand against all and any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which DaVinciTrade or any of those individuals may suffer or incur as a result of access to and/or use of the service by you, any information, data or material produced by you or any breach by you of any of the provisions of these Rules (or of any law, code or regulation relating thereto or otherwise to the service).

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15

INTELLECTUAL PROPERTY AND RIGHTS TO USE

15.1

DaVinciTrade hereby grants to you and you hereby accept a non-exclusive and non-transferable license to use any software provided by DaVinciTrade for the sole purpose of enabling you to use the service.  You acknowledge and agree that the title to all copyright, trademarks and all other intellectual property rights in any software or other material which you are able to use as part of the service is and shall at all times remain vested in DaVinciTrade.

15.2

You acknowledge that you are permitted to use any such software or materials only as expressly authorized by DaVinciTrade or its licensors and may not copy, reproduce, disassemble, reverse compile, adapt, transmit, distribute, sell or sub-license content or create derivative works of such software or other material without express authorization, except for your own personal, non-commercial use.

15.3

You agree that you are not permitted to reproduce, copy, sell, resell or exploit DaVinciTrade and use of and access to the services for any commercial purposes.  You agree that you will not create any links to the website without the prior consent of DaVinciTrade.

15.4

You agree not to take any action or use any device, software or routine that imposes an unreasonable or disproportionately large load on our infrastructure or which may jeopardize or prejudice the operation, quality or integrity of the website.

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16

PLAYMONEY GRANT OF LICENSE/INTELLECTUAL PROPERTY/USE OF THE SITE

This site is for educational purposes only. You may only use this site if you are 18 years of age or older.

16.1

Subject to the terms and conditions contained herein DaVinciTrade grants the User a non-exclusive, personal, non-transferable right to use the DaVinciTrade.net web site Service in order to access the DaVinciTrade servers and play the "play for free"/"play money" Prediction Markets available (the Website and Prediction Markets together being the "Service"). The Service is provided for Educational Purposes only to assist instruction on how to Trade Stock Shares in the Markets of Prediction Analysis.

16.2

The Website use is licensed to you by DaVinciTrade for your private personal use. Please note that the Website is not for use by (i) individuals under 18 years of age, (ii) individuals under the legal age of majority in their jurisdiction and (iii) individuals connecting to the site from jurisdictions from which it is illegal to do so. DaVinciTrade is not able to verify the legality of the Service in each jurisdiction and it is the User's responsibility to verify such matter.

16.3

We reserve the right at any time to request from you evidence of age in order to ensure that minors are not using the Service. We further reserve the right to suspend or cancel your account and exclude you, temporarily or permanently, from using the Service if satisfactory proof of age is not provided or if we suspect that you are underage.

16.4

The Software's code, structure and organisation are protected by copyright, trade secrets, intellectual property and other rights. You may not:

16.4a

copy, distribute, publish, reverse engineer, decompile, disassemble, modify, or translate the Software or make any attempt to access the source code to create derivate works of the source code of the Software, Website or otherwise;

16.4b

sell, assign, sublicense, transfer, distribute or lease the Software used at the Website;

16.4c

make the Software or Website available to any third party through a computer network or otherwise;

16.4d

export the Software to any country (whether by physical or electronic means); without the prior written consent of DaVinciTrade; or

16.4e

use the Software in a manner prohibited by applicable laws or regulations. (each of the above is an "Unauthorised Use").

16.5

You will be solely liable for any damage, costs or expenses arising out of or in connection with the commission by you of any Unauthorised Use. You shall notify DaVinciTrade immediately upon becoming aware of the commission by any person of any Unauthorised Use and shall provide DaVinciTrade with reasonable assistance with any investigations it conducts in light of the information provided by you in this respect.

16.6

The terms "DaVinciTrade", and any other trade marks, service marks and/or trade names used by DaVinciTrade on the Site from time to time (the "Trade Marks"), are the trade marks, service marks and/or trade names of DaVinciTrade or one of its group companies and/or its licensors, and these entities reserve all rights to such Trade Marks. In addition, other content on the Site, including, but not limited to, the Software, images, pictures, graphics, photographs, animations, videos, music, audio and text (the "Site Content") belongs to DaVinciTrade or one of its group companies and/or its licensors and is protected by copyright and/or other intellectual property or other rights. You hereby acknowledge that by using the Service and the Site you obtain no rights in the Site Content, or any part thereof. Under no circumstances may you use the Site Content without DaVinciTrade's prior written consent.

NO WARRANTIES

16.7

DaVinciTrade disclaims any and all warranties, expressed or implied, in connection with the Service which is provided to you "AS IS" and we provide you with no warranty or representation whatsoever regarding its quality, fitness for purpose, completeness or accuracy.

16.8

Regardless of our efforts to provide you with service of the highest quality, safety and security, we make no warranty that the Service will be uninterrupted, timely or error-free, that defects will be corrected or that the services found therein shall be free from viruses or bugs.

You are solely responsible for the telecommunications networks and Internet access services required for you to access and use the Service and we shall have no liability whatsoever for any deficiencies therein.

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