THESE TERMS OF SERVICE (”TOS”) DEFINE THE RELATIONSHIP BETWEEN HIGHSPIRIT INC., (“COMPANY”,”WE” OR “US”) AND YOU, THE USER ACCESSING THE HIGHSPIRIT WEBSITE LOCATED AT HIGHSPIRIT.NG (“SITE”) AND/OR REGISTERING FOR OUR SERVICES (“YOU” OR “YOUR”). BY ACCESSING OR USING THE SITE OR ACCESSING, REGISTERING FOR, OR USING THE SERVICES (DEFINED BELOW), YOU CONFIRM THAT
- YOU ARE AT LEAST 13 YEARS OF AGE,
- YOU ARE USING YOUR ACTUAL IDENTITY AND
ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM, OR RELATING TO THESE TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION IN ACCORDANCE WITH THE PROCESS DESCRIBED IN THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” BELOW. PLEASE READ THE SECTION TITLED “BINDING ARBITRATION AND APPLICABLE LAW” CAREFULLY.
HighSpirit provides users with a platform to list and challenge predictions (”Service”). Users (“Predictors”) can make a prediction on the outcome of verifiable events, and other users (“Challengers”) who believe the Predictions are inaccurate can challenge the predictions, and a bet is made. The Predictor and Challengers (“Bettors”) are obligated to pay when they lose as the payments are made automatically from the wallets of the parties involved.
Betting on HighSpirit is between individual Predictors and groups of Challengers. HighSpirit does not take bets itself nor does it endorse or recommend any bettors. HighSpirit does not take a side in bets, one way or the other, and unlike when you bet against your pals in the real world, there is a guarantee that losing bettors will pay their losses.
We reserve the right to modify or change our Site or any of the Services, temporarily or permanently, with or without notice to you, and we are not obligated to support or update the Site or any Services. You acknowledge and agree that we shall not be liable to you or any third party if we exercise our right to modify, change or discontinue the Site or any Services.
- All events predicted for on HighSpirit must be verifiable.
- Predictors can stake any amount of money, the higher the stake, the higher your potential winning.
- At HighSpirit, there are no odds; users bet against other users.
- Challengers’ stakes must be less than or equal to the predictor’s stake.
- All predictions are vetted, and HighSpirit reserves the right to accept or reject predictions without consent from the predictor.
- Users are allowed 48 hours from the time of awarding winners to contact firstname.lastname@example.org if they believe the winnings were wrongly awarded.
- If prediction checks out, the predictor gets a sum equal to his or her stake plus the total stakes of challengers.
- If prediction does not check out, the challengers receive double their stakes.
Agreement concerning Terms of Service
Use and Restrictions
Content and Materials
Specific features of the Service allow you to upload, post, publish, share, store, or manage (a) data, opinions, recommendations, or advice, and/or (b) visual content, such as photos and videos (“Materials”). By posting or publishing Materials, you represent and warrant to us that you have all necessary rights to distribute such Materials to us, either because you are the author and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or another owner of such Materials. You hereby grant to us and our authorized personnel a worldwide, royalty-free, fully-paid, non-exclusive, transferable, licensable (as necessary to perform the Services) license to copy, publicly perform, publicly display, publish, distribute, create derivative works of, and otherwise exploit Materials as we deem appropriate to perform the Services and in accordance with these TOS. You acknowledge and agree that we will own all right, title, and interest in and to any Materials, content, or other works of authorship created by us or on our behalf and used in connection with the Services.
We respect the intellectual property of others and ask that users of our Site and Services do the same. In connection with our Site and Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing Materials and the termination, in appropriate circumstances, of users of our Site and Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site and Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing Material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. 512(c)) must be provided to our designated copyright agent: (a) your physical or electronic signature; (b) identification of the copyrighted work(s) that you claim to have been infringed; (c) identification of the Materials on our services that you claim is infringing and that you request us to remove; (d) sufficient information to permit us to locate such Material; (e) your address, telephone number, and email address; (f) a statement that you have a good faith belief that use of the objectionable Materials are not authorized by the copyright owner, its agent, or under the law; and (g) a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner. Please note that, under 17 U.S.C. 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement
You can reach us at support@HighSpirit.com
Links to Other Sites
The Site and Services contain links to other independent third-party websites, and we provide links to third-party websites as part of the Services (”Linked Sites”). These Linked Sites are provided solely as a convenience to you and based on your Account Information. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any products, information or materials contained on such Linked Sites. You will need to make your independent judgment regarding your interaction with these Linked Sites. Some of the content served by us will be from affiliated merchant sites, and sales through these affiliated sites may generate a commission payable to us. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of third party websites, including, without limitation, Linked Sites and websites linking to the Site. You should review applicable terms and policies, including privacy and data gathering practices, of third party websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You may not use the Site or Services for illegal or unlawful or malicious activities, or for activities that we deem improper for any reason whatsoever in our sole judgment, including, without limitation, the satisfaction or creation of any debts, dues, liabilities, assessments or obligations of any kind. We reserve the right to take preventative or corrective actions to protect ourselves and our users. Your use of the Site and Services is conditioned in part on your compliance with the rules of conduct provided herein, and your failure to comply may result in termination of your access to and use of the Site and Services and is responsible for damages caused by your noncompliance. In addition to the foregoing, while using the Site and Services, you may not, except as may be expressly set forth above under “Permitted Uses” (a) impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity, or use or provide any fraudulent, misleading or inaccurate information; (b) defame, abuse, harass, stalk, intimidate, bully, threaten or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (c) access or use (or attempt to access or use) another user’s account without permission, or solicit another user’s login information; (d) transmit any software or materials that contain any viruses, worms, trojan horses, defects, or other items of a destructive nature; (e) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or Services; (f) “frame” or “mirror” any portion of the Site or Services; (g) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services; (h) harvest or collect information about or from other users of the Site or Services; (i) use the Site or Services for any illegal activity; (j) probe, scan or test the vulnerability of the Site, nor breach the security or authentication measures on the Site or take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site, such as a denial of service attack; (k) send or otherwise post unauthorized commercial communications (such as spam); (l) engage in unlawful multi-level marketing, such as a pyramid scheme; (m) post content that: is hateful, threatening or pornographic; incites violence; or contains nudity or graphic or gratuitous violence; (n) access or use any portion of the Content if you are a direct or indirect competitor of the Company, or provide, disclose or transmit any portion of the Content to any direct or indirect competitor of the Company; (o) use or distribute any Content, including Content that has been verified or confirmed by you or anyone else, to directly or indirectly create or contribute to the development of any database or product; or (p) facilitate or encourage any violations of this Section.
Warranties, Disclaimers and Limitations of Liability
Disclaimer of Warranties
ALTHOUGH THE COMPANY MAKES EFFORTS TO PROVIDE AN ACCURATE SITE, THE SITE AND ALL PARTS THEREOF ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE MANAGING MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES AND THIRD PARTY SUPPLIERS (COLLECTIVELY, THE “COMPANY PARTIES”) DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION (1) AS TO TITLE, MERCHANTABILITY, FITNESS FOR ORDINARY PURPOSES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, (2) THE QUALITY, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITE AND ITS CONTENT, (3) THOSE ARISING THROUGH COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; (4) THE SITE AND ITS CONTENT CONFORMING TO ANY FUNCTION, DEMONSTRATION OR PROMISE BY ANY COMPANY PARTY, AND (5) THAT ACCESS TO OR USE OF THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE. ANY RELIANCE UPON THE SITE AND ITS CONTENT IS AT YOUR OWN RISK, AND THE COMPANY MAKES NO WARRANTIES.
THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE AND ITS CONTENT OR ANY FEATURE OR PART THEREOF AT ANY TIME. IF YOU DOWNLOAD ANY CONTENT FROM THIS SITE, YOU DO SO AT YOUR DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT.
Your reliance upon the information available on the Site or located through utilization of the Services and your interactions with third users identified through the Services is SOLELY AT YOUR OWN RISK. Your interactions with other users of the Services or advertisers, 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 the other person or entity, and you agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other person’s or entity’s use or disclosure of your personally identifiable information. If there is a dispute between you and any third party, we are under no obligation to become involved, and you agree that you will manage any such dispute or disagreement directly and that you will not make any claims against us concerning products or services purchased through your use of the Services.
Limitation of Remedie
Content and Materials
Term and Termination
Questions? Please email us at info@HighSpirit.com