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User agreement

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Legal contract between the Users.

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§ 1. GENERAL

  1. This User Agreement (the “Agreement”) forms part of Prediki’s Terms and governs Users’ conduct and outlines the rights and obligations applicable in any transactions done in their capacity as Question Owners, Sponsors, Traders and Contributors.
  2. If you have agreed to the Terms of Use, then you hereby agree to this Agreement.
  3. Any terms that are capitalised are defined terms and have the same meanings attributed to them under the Terms of Use.
  4. By:
    1. posting a Question in your capacity as a Question Owner; or
    2. contributing to the improvement, analysis, discussion or completion of a Question as a Contributor;
    3. providing an Incentive as a Sponsor; or
    4. trading the predicted probabilities of Answers to a Question as a Trader,
      you agree to be bound by this Agreement. If you do not agree, you may not enter into any of the above transactions or use the Site and Services.

§ 2. RELATIONSHIPS BETWEEN PARTIES

  1. In providing its platform, Prediki itself does not source or deliver the User-contributed Content created as Questions or Topics.
  2. Once a Question or Topic is posted, Contributors may improve it, support it, formulate and submit analysis, results and general messages to that Question as User-contributed Content. Once a Question is sufficiently supported, a Sponsor may provide an Incentive and Traders may trade Answers to earn a portion of the Incentive.
  3. The Users acknowledge that thereby they create a legally binding contract with each other, subject to Austrian law and any other applicable law. Users are responsible for complying with any obligations to other Users.
  4. In the event that another User breaches an obligation to you, you are responsible for enforcing any rights you may have. Users acknowledge that they may be bound by the applicable dispute resolution procedure introduced by Prediki.
  5. Users agree to act in good faith and engage in fair dealing in connection with this Agreement.

§ 3. GENERAL OBLIGATIONS

  1. Users must not engage in unlawful or prohibited activities with each other, including without limitation to:
    1. harassment and abuse, such as making threats, stalking, spamming or vandalism;
    2. violation of other person’s privacy;
    3. impersonation, misrepresentation and fraud;
    4. committing infringement of a person’s rights, including Intellectual Property Rights;
    5. use of the Site and Services for illegal purposes; and
    6. disruption of the Site and Services for other users.

§ 4. QUESTIONS

  1. Question Owners decide on the substance and initial specification as well as the preliminary content and form of their Questions. The quality, timeliness, legality, truth or accuracy of any of the predictions, analysis and other responses to a Question are solely dependent on Users’ input.
  2. Question Owners acknowledge that Contributors may modify the wording and the structure of a Question at any time to improve it in accordance with the Regulations. Contributors must strive for ensuring that the Question and its Answers, including its judgement rule and other specifications, remain true to the original purpose, intent and spirit of the Question. The Question Owner may, but has no obligation to, monitor the accuracy or authenticity of a Question thus modified.
  3. Questions must be unique to avoid fragmentation of Trading thus ensuring maximum predictive power of Prediki. A User noticing a duplicate Question can report it to other Users, including the Question Owner of the original question, for debate and deletion.

§ 5. CONFIDENTIAL QUESTIONS

  1. Question Owners may post Confidential Questions, accessible only to Users expressly invited by the Question Owner.
  2. By requesting access to the Confidential Question, invited Users agree to be bound by the rights and obligations contained in the Non Disclosure Agreement.

§ 6. CONTRIBUTIONS

  1. Users may contribute Content after a Question is posted on the Site. Contributors agree that they are solely responsible for any information provided and amendments or edits made to User-contributed Content. Contributors may be held responsible by other Users or third parties for any User-contributed Content including amendments or edits thereto that result in criminal or civil liability under any applicable laws.

§ 7. SPONSORSHIP

  1. A Member may elect to act as a Sponsor by providing an Incentive to a specific Public or Confidential Question.
  2. A Sponsor must pay the Incentive funds into the collection account using the payment methods provided. Each Trader acknowledges that the Sponsor, but not Prediki, is the debtor of the Incentive or his share thereof.
  3. Traders acknowledge that a planned Incentive can be cancelled by the Sponsor at any time prior to the start of the Incentive Period.
  4. Once its Incentive Period has commenced, an Incentive becomes non-cancellable and non-refundable. Should a Question be settled with a final result before an ongoing Incentive Period has ended, the entire Incentive will be apportioned to the Traders.
  5. An Incentive which would only start after a Question has been finally settled will not commence and thus can be cancelled by the Sponsor.

§ 8. TRADING AND WINNINGS

  1. Prediki’s algorithms calculate and determine the portion of the Sponsor’s Incentive that a Trader is entitled to, in accordance with the Regulations and the Sponsors specifications. This resulting portion is credited to the Users’ Winnings.
  2. Sponsors and Traders agree to use exclusively Prediki as the Incentive collection and Winning pay-out agent in accordance with the Terms.

§ 9. TAXES

  1. Users are solely responsible for satisfying all applicable taxes, governmental and fiscal reporting and any other legal requirements under applicable law, including but not limited to any income taxes or any gambling taxes.
  2. The applicable taxes may differ according to each country. Any tax information provided on the Site, including User-contributed Content, is for general information purposes only, Users are advised to obtain tax advice from qualified professionals.

§ 10. UPDATES TO THIS AGREEMENT

  1. Prediki reserves the right, in our sole discretion, to change, modify, add or remove any part of this Agreement, in whole or in part, at any time. Notification of the changes to this Agreement will be posted on the Site and will be effective immediately, unless expressed otherwise.
  2. It is your sole responsibility to periodically check this Agreement for any changes. If you do not agree with any of the changes to this Agreement, it is your sole responsibility to cancel your User account. Your continued use of the Site and Services will be deemed as your acceptance thereof.

Last updated on: December 04, 2012