Terms and Conditions

THE FOLLOWING TERMS AND CONDITIONS
GOVERN YOUR ACCESS TO, AND USE OF OUR WEB SITE.

PLEASE READ THEM CAREFULLY
AND BE SURE YOU UNDERSTAND BEFORE PROCEEDING.

1. Agreement: These terms and conditions constitute a legally binding agreement between you, the player or visitor, and SpaceShot, Inc. (Space Shot). By clicking the "Accept" icon, you are affirming that you fully understand and will comply with all of Space Shot's terms and conditions. This includes game rules, instructions, policies, limited liability and warranty, and other guidance, as they now exist and as they may be updated from time to time. Terms and Conditions apply to all visitors whether or not you actually register or play on our site; and you must agree to them in order to play here. This Agreement is made, and will be governed by and construed according to the laws of the United States of America and the State of Texas, as appropriate. In the event of litigation arising from your visitation to or use of this site, you acknowledge the exclusive jurisdiction of the courts of Texas.

2. Who May Play: Anyone may visit the site and play in the SpaceShot Free-play mode (Free Space Shot). With the exception of the parties named below, anyone may play. You are solely and exclusively responsible for complying with the applicable laws where you reside, concerning gaming, the age of majority, legal competence, currency exchange, and taxes. Connecting or playing illegally on the SpaceShot web site may be cause for terminating your account.

a. Entertainment only: Play on Free Space Shot is for private amusement only and any other use of the site, including side wagers, is specifically and expressly forbidden.

b. Exceptions: Employees and consultants of Space Shot and its affiliates, including their immediate family members are not eligible to play.

3. Registration and Account: To play on the Free Space Shot page you must register and open an account with Free Space Shot. Only individual persons may open accounts. An account may only be used by the person to whom it is registered. Allowing anyone else to use your account is cause for immediate termination. Space Shot in its sole discretion may terminate the account of any player if that player allows anyone else to use his or her account.

a. User name and ID: We will issue you a user name and ID code. You must not allow anyone else to know them or use them. Violation is cause for terminating your account without notice. If your user name or ID is lost, stolen, or compromised, you must contact Customer Support immediately.

b. Privacy: When registering on our site, it is your responsibility to provide accurate information and to keep it current. Giving false or misleading information is cause for terminating your account.

i. Personal information: Your information will be stored and safeguarded with the same measures and encryption we use for our own.

ii. Participatory data: We will keep track of your patterns and history of play in order to present you with new games and promotions tailored to your preferences, and to protect you and other players against intrusion and fraud. This information will also be safeguarded by us. We recommend you keep records of your game history as well.

iii. Email: We may keep the text of your email communications with us, and may notify you of tournaments, promotions, and other matters of interest to you. We may keep various opt-in mailing lists that we send emails to from time to time.

c. Security: To protect you and the other players, Space Shot may ask you at any time to confirm your identity off line no later than the round of 32. You further agree to provide any necessary proof of your identity, especially when receiving prizes. Failure to cooperate with security inquiries, including necessary authorizations, is grounds for terminating your account.

d. Bonuses: Space Shot may, from time to time at its sole discretion, credit your account with complementary or bonus entries as part of promotions. These may only be used to play on the Free Space Shot web site. In order to utilize any of these bonuses in your account, you must first comply with the terms of the respective promotional offer(s). If bonus entries are not used within the specified time, Space Shot may withdraw them from your account.

e. Prizes: Funds may be awarded as prizes or co-prizes with other goods or services.

i. Withholding: Space Shot, at it sole discretion, may withhold and report any amount required by law from your winnings.

ii. Payment: Space Shot will send any applicable payments to you as quickly as we can except that scholarships and prizes including spaceflight will not be awarded until the winner is 18 or over. Your funds may be sent to you by credit card, check, wire, or in any other suitable manner as determined by Space Shot at its sole discretion.

e. Processors: Space Shot uses third party payment processors to handle its financial transactions such as prizes. You irrevocably authorize Space Shot to instruct the processors to handle cash processing transactions (both deposits and refunds, as applicable) on your behalf from your account. Transactions are subject to the processors’ respective terms and conditions, but if there is a conflict between them and this Agreement, then this Agreement is controlling.

4. Limitation of Liability and Warranty: These limits shall apply to any and all applicable legal theories of recovery or causes of action.

a. No Warranty: Space Shot makes no warranty, express or implied, as to the fitness for use of any of its services, including, without limitation, compatibility with user computers, browsers, or other software; or merchantability.

b. Interruptions and Interference: Site service are available on an “as-is, as available” basis. Space Shot will not be liable for interruption or partial interruption of services to players or visitors, interception of data, or other malfunctions including those caused by failure of service from any cause. Space Shot will not be liable for damage to your computer, server, software, peripherals of other equipment by viruses, worms, Trojan horses, Denial of Service attacks or other invasive and disruptive programs or measures by any party whatsoever, traceable to your accessing our site.

c. No Third Party Liability: In no circumstances whatsoever will Space Shot be liable to any third parties for any harm, damage, or loss traceable to or associated with its provision of services via its web page.

d. Release: By participating in the tournament and/or receiving prizes, you and every other participant releases Space Shot and its sponsors, and each of their employees, from any and all liability for any loss, damage, injury, breach of warranty or other harm arising from or related to the use of the prize; this includes the hazards of space flight, known and unknown. Separate and comprehensive release from liability will be required to participate in actual space flight.

e. Limitation of Remedy: Remedy will not be available to players with accounts on Free Space Shot.

i. Your remedies, if any will be limited to damages directly and proximately caused by reasonable reliance on the services provided by this site, not to exceed $1 during the calendar month the incident in question occurred.

ii. No Consequential Damages: In no event whatsoever will Space Shot be liable to you or any third party for any consequential, indirect, or special damages of any description arising from your visitation to or use of our site; including but not limited to, lost profits, loss of privacy, failure of duty including good-faith; whether or not arising from Space Shot’s breach of terms, fault, tort, negligence, or strict liability.

5. Indemnification: If your access to and use of our site including, without limitation: entering the site, playing games, accepting prizes, or violating the Terms and Conditions) causes any damage, loss, or gives rise to liability or claim against Space Shot by third parties, you will be required to hold harmless and indemnify Space Shot against those damages, losses or claims.

6. Basics Rules of Using Free Space Shot

a. Grand Prizes:

i. Choices: Each Tournament Grand Prize will be one of the following as selected by the player irrevocably for that account at registration:

(1) a seat on an around the Moon flight and $50 million

(2) a seat on an orbital space flight and $10 million

(3) a seat on a suborbital spaceflight and $100,000 scholarship

(4) a seat on a zero-g flight and $2,250

(5) a $300,000 scholarship or $300,000 if graduated from college

(6) two seats on an around the Moon flight and $100 million

ii. No Guarantee: No Winning a Tournament is not an automatic guarantee of a seat (or seats) on board a craft. Inclusion in the flight is subject to each individual winners’ proof of satisfactory physical condition for such flight, and completion of pre-flight training as prescribed by SpaceShot.

iii. No Fly Alternative: In the event that a given winner cannot participate in such a flight, through medical or personal reasons prior to the award of a ticket, the winners agree to accept the alternative prize instead:

(1) $50 million cash in lieu of flight around the Moon

(2) $10 million cash in lieu of orbital flight

(3) $100,000 in lieu of suborbital flight

(4) $2,000 in lieu of zero-G flight

(5) $100 million in lieu of flight for two around the Moon

iv. No Availability Alternative: In the event of tickets not being commercially available, winners agree to accept the alternative prize of:

(1) $100 million cash in lieu of flight around the Moon

(2) $20 million cash in lieu of orbital flight

(3) $200,000 in lieu of suborbital flight

(4) $3,750 in lieu of zero-G flight

(5) $200 million cash in lieu of flight for two around the Moon

v. Scholarships: We may award scholarships with restrictions on use limited to educational purposes. If a winner of a scholarship is a college graduate, winners agree to accept the alternative award of the value of the scholarship in cash.

b. Space Shot control: SpaceShot may, at its sole discretion, with or without notice:

i. Change Game: Change or cancel any game offered on its site;

ii. Change Matching: Alter or modify its procedures for "matching" Free Space Shot players including matching players competing for other prizes, coming from other sites, against players in games hosted by other companies, and/or playing under different terms and conditions;

iii. Termination: Terminate the participation of any player in any game or the use of site services by any player or visitor.

iv. Do Over: In the event of technical difficulties with the game, Space Shot reserves the right to provide a new counter in the event that it is unable to reconstruct play.

v. Milestones: Add or remove milestones from the tournament.

vi. No Liability: Space Shot shall incur no liability for any such changes.

vii. Cancellation: Space Shot may cancel a particular prize and distribute the prize pool to the players according to a formula determined at Space Shot's sole discretion.

c. Conduct of Visitors and Players: When using the site services, you agree to observe basic standards of courtesy. Abusive, indecent or disruptive language or messaging is cause for removal from the site and termination of your account.

d. Controlling Results: If there is any conflict between game results displayed on your computer and those on Space Shot's servers and monitors, the results held by Space Shot will be final and binding.

e. Disputes: If the results are still in dispute, or for any other conflict between you and Space Shot, you agree to submit to binding arbitration in the State of Texas or a trial in the State of Texas at Space Shot's sole discretion.

f. Cheating and Other Misconduct: Space Shot, at its sole and exclusive discretion, may invalidate the results of any transaction and immediately invalidate all remaining unused plays and withdraw all balances for all accounts (including processor accounts) for any of these reasons:

i. Cheating: Cheating or collusive playing with another player or players;

ii. Invalidation: Attempting to invalidate properly made entries on the Space Shot web site.

iii. Publicize: Space Shot reserves the right to publicize the identity of anyone 18 and over attempting to cheat or defraud Space Shot or other players.

g. Non-use and Abandonment: If for any reason you do not use your account for a period of more than 180 days; SpaceShot will attempt to contact you and determine if you wish to continue with us. If we cannot contact you, your account will be deemed abandoned and any remaining counters will be withdrawn and your username and ID invalidated.

7. General Provisions

a. Non-transferrable: You may not transfer or assign any of your rights under these Terms.

b. Non-waiver: If Space Shot should forbear to exercise any of its rights or powers under these Terms, that does not mean Space Shot has waived them, and they continue in force.

c. Severability, Survivability: If a court of competent jurisdiction should find any provision in these Terms to be invalid, that item will be deleted but the rest of the Terms remain in force. Space Shot, however, at its sole and exclusive discretion, may consider the loss of a particular provision or provisions to have made the agreement unenforceable or incapable of performance. In that case this agreement between Space Shot and the player or players in question automatically terminates forthwith.

d. Complete and Final: These terms are the complete and final agreement between you and Space Shot; they supersede and override all previous agreements or understandings about using Space Shot's services and web page.

8. Specific Game Rules

a. Central Park Weather: Players predict the high and low temperature, the total precipitation and average humidity for Central Park, New York City, New York for the succeeding calendar day.

b. Matching: Players at the same milestone are matched based on not playing oneself and time of prediction.

c. Resolution: National Weather Service data will be used to resolve predictions. Space Shot will use preliminary data typically released at approximately 4:30 PM on day subsequent to prediction, that will not be revised. If SpaceShot determines that the integrity of the data is unsatisfactory or unavailable, then we reserve the right to cancel the day's matches and declare some or all such matches tied.

d. Winning: Players with closer predictions than their opponent will get a new counter at the next milestone except players that win the grand prize of their competition do not also receive a counter at the next milestone.

e. Hierarchy: Plays are resolved by which player is closest on high temperature. If tied which player is closest on low temperature. If still tied which player is closest on precipitation. If still tied, which player is closest on humidity. Tied players are awarded new counters at the same milestone.

f. Initial Milestones: Initially to win the parabolic airplane flight requires reaching milestone T-6. Winning the suborbital spaceflight or the $300,000 scholarship requires winning at milestone T-1. Winning the Kistler K-1 orbital flight requires winning a tournament of champions consisting of 128 players that have won at level T-1. Winning the trip around the Moon requires winning a tournament of champions consisting of 512 players that have won at milestone T-1. Winning the trip for two around the Moon requires winning a tournament of champions consisting of 1,024 players that have won at milestone T-1. Initial milestones are T-60, T-50, T-45, T-40, T-35, T-31, T-27, T-24, T-22, T-20, T-18, T-16, T-14, T-12, T-11, T-10, T-9, T-8, T-7, T-6, T-5, T-4, T-3, T-2 and T-1.