LEGAL
Terms & Conditions
BITLEAGUE LLC AND AFFILIATES TERMS AND CONDITIONS
Last updated May 6, 2019
BitLeague LLC and affiliates (referred to herein as the “Company”,
“we”, or “us”) agree to provide the user of the websites
BitLeague.com, BitLeaguepro.com, and the mobile
application(referred to herein as "you", "your" or 'User') the
ability to engage in digital asset trading with other users, as
well as digital asset depositing and lending. By visiting or
accessing these websites, mobile application (“Site”), you agree
that you have read and accepted all of terms and conditions
contained in this Terms of Services (the 'Terms') as well as our
Privacy Policy as published on the Site and you acknowledge and
agree that you will be bound by such Terms and policies. By
clicking the "sign up" button or by visiting the Site, the Company
provides you with access and utility through our digital asset
trading platform via software, API (application program
interface), technologies, products and/or functionalities
(collectively or individually, the 'Service(s)').
If you do not agree to be bound by these Terms, do not access or
use the Service. The Company reserves the right to change or
modify the terms and conditions contained in these Terms,
including but not limited to any policy or guideline of the
platform, at any time and at its sole discretion. As described in
these Terms, you agree to be legally bound by these terms and all
terms incorporated by reference. We will provide notice of these
changes by posting the revised Terms on the Site and changing the
"Last updated" date at the top of the Terms, or by emailing users
at their provided email addresses, or by any other means as
determined by the Company at its sole discretion, and the updated
Terms shall be effective at such time. In the event that you do
not agree with any such modification, your sole and exclusive
remedy is to terminate your use of the Services and close your
Account. You agree that we shall not be liable to you or any third
party as a result of any losses suffered by any modification or
amendment of these Terms. Your non-termination or continued use of
this Site or Services after the effective date of any changes or
modifications of these Terms constitute acceptance of such changes
or modifications.
These Terms and any terms expressly incorporated herein apply to
your access to, and use of, any services provided by the Company.
These Terms do not alter in any way the terms or conditions of any
other agreement you may have with the Company for products,
services or otherwise. If you are using the Service on behalf of
any entity, you represent and warrant that (a) such legal entity
is duly organized and validly existing under the applicable laws
of the jurisdiction of its organization and (b) you are authorized
to accept these Terms on such entity’s behalf and that such entity
agrees to be responsible to us if you violate these Terms.
To access Company’s Platform and receive Services, you may create
a BitLeague Account. Such BitLeague Account and your use of the
Company Platform and Services through your account are governed by
the BitLeague User Agreement.
We encourage you to frequently review the Terms to ensure you
understand the terms and conditions that apply to your access to,
and use of, the Service. If you have any questions regarding the
use of the Services, please contact support@bitleague.com.
DO NOT PURCHASE OR SELL DIGITAL ASSETS/BITCOIN DEPOSIT OR LENDING
PRODUCTS IF YOU ARE NOT AN EXPERT IN DEALING WITH CRYPTOGRAPHIC
TOKENS AND BLOCKCHAIN-BASED SOFTWARE SYSTEMS. PRIOR TO TRADING
DIGITAL ASSETS OR PURCHASING BITCOIN DEPOSIT OR LENDING PRODUCTS,
YOU SHOULD CAREFULLY CONSIDER THE TERMS BELOW AND CONSULT AN
APPROPRIATE TECHNICAL EXPERT, LAWYER, ACCOUNTANT, OR TAX
PROFESSIONAL. TRADING OF DIGITAL ASSETS OR PURCHASING BITCOIN
DEPOSIT OR LENDING PRODUCTS SHOULD BE UNDERTAKEN ONLY BY
INDIVIDUALS, ENTITIES, OR COMPANIES THAT HAVE SIGNIFICANT
EXPERIENCE WITH, AND UNDERSTANDING OF, THE USAGE AND INTRICACIES
OF CRYPTOGRAPHIC TOKENS, AND BLOCKCHAIN BASED SOFTWARE SYSTEMS.
USER AGREES TO UTILIZE THE SITE IN ACCORDANCE WITH THE FOLLOWING
TERMS AND CONDITIONS:
1. GENERAL
1.1The Company provides online digital asset trading services and
a platform to trade digital assets, as well as facilitate term
deposit purchases and lending in certain permitted jurisdictions.
Traders conduct trading on our platform with each other; the
Company, as the platform provider, is not a buyer or seller in
these trades. Users must open an account and deposit digital
assets or fiat currencies prior to commencement of trading. Users
may request withdrawal of their digital asset or fiat currencies,
subject to the limitations as stated in the Terms.
1.2 Information Accuracy: While the Company has made every effort
to ensure the accuracy of the information on our Site, the
information and content on the Site is subject to change without
notice and is provided for the sole purpose of assisting users to
make independent decisions. The Company has taken reasonable
measures to ensure the accuracy of the information on the Site;
however, we do not guarantee the accuracy, suitability,
reliability, completeness, performance and/or fitness for purpose
of the content of any Service or products available through the
Site, and will not accept liability for any loss or damage that
may arise directly or indirectly from the content or your
inability to access our site, for any delay in or failure of the
transmission or the receipt of any instruction or notifications
sent through our platform. The Company will not have any liability
for the use or interpretation of such information.
1.3 Service Availability: By using our Service, you acknowledge
and consent that the Service is provided by the Company according
to their current technological capacity and other conditions.
While the Company have made every effort to ensure continuity and
security of the Service, we are unable to completely foresee and
hedge legal, technological and other risks including but not
limited to force majeure, virus, hacker attack, system
instability, flaw in third-party services, act of government, etc.
that may result in service interruption, data loss and other
losses and risks.
1.4 Abnormal Transactions: while using the Service, you agree and
acknowledge the possibility of discontinuity and disruption of the
Service due to connectivity problems of the digital asset networks
or other force majeure. Users shall make sure to provide accurate
information. The Company does not assume any responsibility of any
losses caused by the above mentioned situations due to users
providing incorrect information that results in the inability for
the Company to reach out to its users and explain the handling
procedures.
When the system platform is unable to operate properly and the
user is unable to use the Service properly, the Company assume no
liability for damages, including, but not limited to,
circumstances below: System downtime during maintenance as
announced by the Company;
Communication errors as a result of telecom equipment or network
failures;
Typhoon, earthquake, tsunami, flood, power failure, war, terrorist
attacks and other force majeure factors;
Hacker attacks, computer virus intrusion or attack, the
telecommunications sector technology adjustment or technical
failure, website upgrade, bank issues, a temporary close due to
government regulation, which may cause the network and services
interruption or delay;
Losses due to technical problems that cannot be predicted or
solved by the existing technical forces of the industry;
For abnormal transactions, market interruption, and other abnormal
conditions caused by system failure, network failure, DDos and
other hacker attacks and other unexpected market factors, the
Company has the right to cancel the abnormal transaction results,
and rollback all the transactions of a certain period of time.
1.5 Fees: Fees may be incurred for certain Service provided by the
Company to its users. You agree to pay to the Company for
applicable fees in accordance with our fee schedule as published
on the Site. The Company may change the fee models and structures
of such services as the case may be. The Company may also start
charging fees on free services. We shall strive to announce any
fee changes via our website or other communication channels ahead
of their effective date. You shall stop using the service if you
disagree on the above-mentioned changes, modifications or paid
content.
1.6 Account Security: The Company shall not ask for any password
from its users, nor shall we ask users to transmit any funds or
digital assets to bank accounts or addresses that are not listed
on our trading platform. Please do not trust any discount or
promotion related information. The Company shall not be
responsible for any losses caused by transmitting funds or digital
assets to bank accounts or digital asset addresses that are not
listed on the trading platform.
1.7 Third Party Asset Transfers: At the time of transfer, the
Company may transfer the relevant assets under these Terms to a
third party; the Company may also transfer part or all of the
services under this agreement to a third party to operate or
fulfill after our unilateral notice. The specific transferee is
subjected to the Company’ notice.
1.8 User Information: The Company has the right to know the real
transaction background and purpose of the users who use the
products or services of the Company. Users must provide real,
comprehensive, and accurate information required by the Company;
if the Company has reasonable grounds to suspect that the user has
provided false trading information, the Company is entitled to
restrict the user from the use of some or all the Company’
products and services functions temporarily or permanently.
2. CONDITIONS OF SITE USE
2.1 Neither the Company nor any of the BitLeague LLC Team has
provided you with any advice regarding whether any digital assets
traded or sold on the site are a suitable investment for you.
2.2. You have sufficient understanding of the functionality,
usage, storage, transmission mechanisms and intricacies associated
with cryptographic tokens, such as BITCOIN, as well as
blockchain-based software systems generally.
2.3 You are legally permitted (including being of a sufficient
legal age) to receive and hold and make use of any digital assets
or products traded, sold, or bought on the Site. The services
provided by the Site are intended solely for Users who are 18 or
older. By accessing or using our Service, you represent and
warrant that you are at least 18 years of age and have not
previously been suspended or removed from the Site or Service. You
also represent and warrant that you are not on any trade or
economic sanctions lists, such as the United Nations Security
Council Sanctions List, not a resident from the Restricted
Territories (as defined below), nor restricted or prohibited from
engaging in any type of trading platforms by any law enforcement
agencies. Also, the Company may not make all of the Services
available in all markets and jurisdictions, and may restrict or
prohibit use of all or a portion of the Service from certain
countries/regions/territories (the 'Restricted Territories'), due
to compliance or regulatory requirements.
2.4 You will provide us with any additional information which may
be reasonably required in order that we can fulfil our legal,
regulatory and contractual obligations, including but not limited
to any anti-money laundering obligation.
2.5 You will notify us promptly of any change to the information
supplied by you to us.
2.6 You will comply with our Know Your Customer policy as
requested and as amended from time to time at our discretion.
2.7 You take sole responsibility for any restrictions and risks
associated with receiving and holding any products or services
found on the Site.
2.8 You are not using the Site for any illegal purpose, and will
not use any assets or products bought or sold on the Site for any
illegal purpose.
2.9 You waive any right you may have / obtain to participate in a
class action lawsuit or a class wide arbitration against any
entity or individual involved with the Site.
2.10 To the extent permitted by law and provided we act in good
faith, the Company makes no warranty whatsoever, either expressed
or implied, regarding the future success of the Company.
2.11 In order to use any of the Service, you must first register
by providing your email or mobile phone number, full name and
other personal information to verify your identity, along with
affirming this Terms of Service. You agree to provide us accurate
and authentic information we request at registration and on an
ongoing basis for the purposes of identity verification and the
detection of money laundering, terrorist financing, fraud, or any
other financial crime, including without limitation a copy of your
government issued photo ID or evidence of residency such as a
lease or utility bill. If any such information changes, it is your
obligation to update such information as soon as possible.
2.12 You agree to not enable anyone to use or direct your account,
and to update the Company of any information change or if your
account has been compromised. You are responsible for keeping,
protecting and safeguarding any keys, certificates, passwords,
access codes, user IDs or other credentials and login information
(collectively "Passwords") that have been provided to you or that
are generated in connection with your use of the Service. If you
lose your passwords, you may not be able to access your account.
You agree to notify the Company immediately of any unauthorized
use of your passwords. The Company will not be responsible for any
liabilities, losses, or damages arising out of the unauthorized
use of your passwords. Due to the Company’s nature of being an
online trading platform, and to avoid potential security risks,
the login password, administration password and any other
passwords shall not be set as the same. Relevant responsibilities
shall be borne by the User.
2.13 Users who lose their passwords can reset it after being
verified through their registered email addresses or phone
numbers. You shall immediately report to BitLeague if any
unauthorized operations or security breaches are found.
2.14 You may close your account at any time. Closing an account
will not affect any rights and obligations incurred prior to the
date of account closure. You may be required to either cancel or
complete all open orders and, in accordance with the provisions of
this Terms of Service, provide transfer instructions of where to
transfer any fiat currency and/or digital assets remaining in your
account. You are responsible for any fees, costs, expenses,
charges, or obligations (including, but not limited to, attorney
and court fees or transfer costs of fiat currency or digital
assets) associated with the closing of your account. In the event
that the costs of closing of your account exceed the value in your
account, you will be responsible for reimbursing us. You may not
close any of your accounts to avoid paying any fees otherwise due
or to avoid any examination related to our AML Program.
2.15 You agree and acknowledge that BitLeague has the right at any
moment to suspend your account and any account for which you are a
representative or authorized signatory, etc. You also agree that
BitLeague can freeze/lock the funds and assets in all such
accounts, and suspend your access to the Site until a decision has
been made, if we suspect, in our sole discretion, any such
accounts to be in violation of:
The Company’s Terms;
Any applicable laws or regulations;
The Company’s AML Program;
Regulatory authority requirement, court order, valid subpoena;
The account is, or is related to any account that is, subject to
any pending litigation, investigation, or governmental
proceeding;
The account has a balance that needs to be reconciled for any
reason;
If the Company believes that an unauthorized person is attempting
to gain access to your account; or If the Company believes that
you are using your credentials or other account information in an
unauthorized or inappropriate manner.
You agree and acknowledge that we have the right to immediately
investigate your account and any related account, if we suspect,
in our sole discretion, that any such account has committed a
conduct violation.
2.16 You agree and acknowledge that we have the right to terminate
any account at any time and for any reason. You further agree and
understand that we have the right to take any and all necessary
and appropriate actions pursuant to this User Agreement and/or
Applicable Laws and Regulations. If your account is terminated, we
will return your funds, less the value of any trading fee
discounts, rebates, and/or damages that we are entitled to
pursuant to this User Agreement. If your account is no longer
subject to an investigation, court order, or subpoena, you
authorize us to return your funds (less any trading fee discounts,
rebates, and/or damages to which we are entitled) to any bank
account linked to your account, unless otherwise required by law.
If there is a Digital Asset balance remaining in your account, you
agree to provide us with a Digital Asset address upon receiving
Written Notice, so that we can return the remaining Digital Assets
to you (less any network charge).
2.17 “Restricted Territories”:The Restricted Territories include
the Balkans, Belarus, Burma, Cote D'Ivoire (Ivory Coast), Cuba,
Democratic Republic of Congo, Iran, Iraq, Liberia, North Korea,
Sudan, Syria, and Zimbabwe, or any other jurisdiction which we
determine we would not be able to offer service for regulatory or
policy reasons. We reserve the right to update the list of
Restricted Territories and/or reject to provide service for
regulatory or policy reasons in our sole and absolute discretion.
3. RISK/LACK OF INVESTMENT ADVICE
3.1. Although the Company has taken reasonable steps to ensure the
integrity and accuracy of information communicated, the Company
nor any of its agents owe any duty of care to you, nor make any
express or implied representation or warranty, and no
responsibility or liability is accepted by any of them with
respect to the adequacy, accuracy, completeness or reasonableness
of the facts, opinions, estimates, forecasts, projections or other
information provided on the Site or any further information,
written or oral notice, or other document at any time provided in
connection with the Company’s offerings or any other aspect of the
activities of the Company. Nothing shall be relied upon as a
promise or representation regarding any historic or current
position or future events. The opinions, descriptions, plans and
intentions expressed by the Company are those held by the authors
at the date of the relevant communication and may be subject to
change.
3.2 Trading Risk: Trading of digital assets involves significant
risk. The risk of loss in trading or holding digital assets can be
substantial. You should therefore carefully consider whether
trading in digital assets or any use of margin if
permitted/enabled is suitable for you in light of your financial
condition.
You should exercise prudence in trading in digital assets (as well
as any other assets). Prices can and do fluctuate on any given
moment. Due to such price fluctuations, you may increase or lose
value in your assets at any given moment. Any digital asset or
trading position may be subject to large swings in value and may
even become worthless.
3.3 User Responsibilities. The user shall bear any loss as a
result of his/her own actions, including but not limited to:
'Fat finger' input or instructions errors, including price or
quantity errors;
Mis-timing or mis-submission of trade instructions;
Forgetting or leaking your password;
Computer or network issues, including any hacks or virus-related
issues;
Third parties accessing and using your account for any reason.
In the event of a potential loophole in the trading rules that
unjustly enriches the user, we will contact the user to recover
the gains. The user must effectively cooperate, otherwise, we will
take actions, including, but not limited to restrictions on
account transactions, freezing account funds, prosecution of the
user in a court with right of jurisdiction and other recourse
measures. In the event the user does not cooperate, the user will
also bear recourse costs.
3.4 Internet Transmission Risk: You acknowledge that the Company
shall not be responsible for any communication failures,
disruptions, errors, distortions, or delays you may experience
when trading via the platform, howsoever caused. Also, there are
risks associated with utilizing an Internet-based trading system
including, but not limited to, the failure of hardware, software,
and Internet connections.
4.DISCLAIMER OF WARRANTIES
THE USER EXPRESSLY AGREES THAT THE USER IS USING THE SITE AT THE
USER’S SOLE RISK AND THE PRODUCTS AND SERVICES ON THE SITE ARE
PROVIDED ON AN 'AS IS' AND 'UNDER DEVELOPMENT' BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EXCEPT ONLY
TO THE EXTENT PROHIBITED UNDER APPLICABLE LAW).
5. LIMITATIONS AND WAIVER OF LIABILITY
THE USER ACKNOWLEDGES AND AGREES THAT, TO THE FULLEST EXTENT
PERMITTED BY ANY APPLICABLE LAW, THE DISCLAIMERS OF LIABILITY
CONTAINED HEREIN APPLY TO ANY AND ALL DAMAGES OR INJURY WHATSOEVER
CAUSED BY OR RELATED TO (i) USE OF, OR INABILITY TO USE, THE
PRODUCTS OR SERVICES PROVIDED ON THE SITE OR (ii) THE BITLEAGUE
LLC TEAM UNDER ANY CAUSE OR ACTION WHATSOEVER OF ANY KIND IN ANY
JURISDICTION, INCLUDING, WITHOUT LIMITATION, ACTIONS FOR BREACH OF
WARRANTY, BREACH OF CONTRACT OR TORT (INCLUDING NEGLIGENCE) AND
THAT NOT THE COMPANY OR NONE OF THE BITLEAGUE LLC TEAM SHALL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES, INCLUDING FOR LOSS OF PROFITS, GOODWILL OR
DATA, IN ANY WAY WHATSOEVER ARISING OUT OF THE USE OF, OR
INABILITY TO USE, THE SITE, OR ARISING OUT OF ANY INTERACTION WITH
THE SMART CONTRACT IMPLEMENTED IN RELATION TO THE PRODUCTS OR
SERVICES OFFERED ON THE SITE. THE USER FURTHER SPECIFICALLY
ACKNOWLEDGES THAT THE COMPANY OR BITLEAGUE LLC TEAM IS NOT LIABLE
FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE
SITE, AND THAT THE RISK OF USING THE SITE RESTS ENTIRELY WITH THE
USER. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, UNDER NO
CIRCUMSTANCES WILL THE COMPANY OR ANY OF THE BITLEAGUE LLC TEAM BE
LIABLE TO ANY USER FOR MORE THAN THE AMOUNT THE USER HAS PAID TO
THE COMPANY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS
IN THIS CLAUSE AND ELSEWHERE IN THE TERMS MAY NOT APPLY TO A USER.
IN PARTICULAR, NOTHING IN THESE TERMS SHALL AFFECT THE STATUTORY
RIGHTS OF ANY USER OR EXCLUDE INJURY ARISING FROM ANY WILFUL
MISCONDUCT OR FRAUD OF THE COMPANY OR THE BITLEAGUE LLC TEAM.
6. COMPLETE AGREEMENT
These Terms (together with the Privacy Policy and Know Your
Customer Policy referred herein) set forth the entire
understanding between the User and the Company with respect to the
use of the Site For facts relating to the sale and purchase, the
User agrees to rely only on these Terms in determining purchase or
sale decisions and understands that the Terms govern the purchase
and sale of all products or services provided on the Site, and
supersede any public statements about the Site made by third
parties or by the Company or the BitLeague LLC Team or individuals
associated with any of the BitLeague LLC Team, past and present.
7. SEVERABILITY
The User and the Company agree that if any portion of these Terms
is found illegal or unenforceable, in whole or in part, such
provision shall, as to such jurisdiction, be ineffective solely to
the extent of such determination of invalidity or unenforceability
without affecting the validity or enforceability thereof in any
other manner or jurisdiction and without affecting the remaining
provisions of the Terms, which shall continue to be in full force
and effect.
8. NO WAIVER
The failure of the Company to require or enforce strict
performance by the User of any provision of these Terms or the
Company’s failure to exercise any right under these Terms shall
not be construed as a waiver or relinquishment of the Company’s
right to assert or rely upon any such provision or right in that
or any other instance. The express waiver by the Company of any
provision, condition, or requirement of these Terms shall not
constitute a waiver of any future obligation to comply with such
provision, condition or requirement. Except as expressly and
specifically set forth in these Terms, no representations,
statements, consents, waivers, or other acts or omissions by the
BitLeague LLC Team shall be deemed a modification of these Terms
nor be legally binding.
9. UPDATES AND CHANGES TO THE TERMS
The Company reserves the right, at its sole discretion, to change,
modify, add, or remove portions of the Terms at any time by
posting the amended Terms on the Website. Any User will be deemed
to have accepted such changes by using the Site. The relationship
between the Company and the User is regulated by the version of
the Terms in effect at the time of deciding on relevant right or
obligation.
10. COOPERATION WITH LEGAL AUTHORITIES
The Company will cooperate with all law enforcement enquiries,
subpoenas, or requests provided they are fully supported and
documented by the law in the relevant jurisdictions.
11. INDEMNIFICATION
To the fullest extent permitted by applicable law, the Users will
indemnify, defend and hold harmless the Company and BitLeague LLC
Team from and against all claims, demands, actions, damages,
losses, costs and expenses (including attorneys’ fees) that arise
from or relate to: (i) your use of the Site, and purchase or sale
of any products or services found on the Site; (ii) your
responsibilities or obligations under these Terms; (iii) your
violation of these Terms; (iv) your violation of any rights of any
other person or entity; or (v) your violation of any law,
regulation, order, or other legal mandate.
12. SECURITY
You are responsible for implementing reasonable measures for
securing the wallet, vault or other storage mechanism you use to
receive and hold all digital assets and other products purchased
through the Site, including any requisite private key(s) or other
credentials necessary to access such storage mechanism(s). The
Company is not responsible for any losses, costs or expenses
relating to lost access credentials.
13. APPLICABLE LAW AND DISPUTES
Any rights and obligations arising from use of the Site are
governed by the laws of the State of New Jersey. The Company, any
reader of this document and any person who intends to or has used
the Site for its intended purposes shall make good faith efforts
to amicably resolve any dispute, controversy or claim between them
and their respective rights and obligations hereunder. In case a
settlement is not reached between the Company, the dispute shall
be resolved in accordance with applicable legislation of the State
of New Jersey.
14. PRIVACY
The Privacy Policy available on the Website is part of these
Terms, and any interaction by the Company with its community and
Users and vice versa shall comply with that policy.
15. LANGUAGE
Currently, only English versions of any communications with the
Company is considered official. The English version shall prevail
in case of differences in translation.
16. ELECTRONIC COMMUNICATION
You acknowledge and agree that the communications between you and
the Company are electronic. You consent to receive communications
from the Company in an electronic form, including e-mail. You
agree that all terms and conditions, agreements, notices,
disclosures and other communications that we provide to you
electronically satisfy any legal requirement that such
communications would satisfy if they were in writing. The Company
will use reasonable efforts to honor any request you may have to
opt out from receiving e-mails. You hereby confirm and agree that
your sole remedy in connection with any e-mail sent by the Company
to you or to any of our customers, investors or borrowers shall be
to stop your use of the Website. With respect to these Terms, you
waive any rights to require an original (non-electronic) signature
or delivery or retention of non-electronic records, to the extent
such waiver is not prohibited under applicable law.
17. TELEPHONE CONSUMER PROTECTION ACT (TCPA) CONSENT
You expressly consent to receive marketing and servicing calls and
messages, including auto-dialed and pre-recorded message calls and
SMS messages (including text messages) from the Company and others
calling on Company’s behalf, at the telephone number that you have
provided above. You acknowledge that your cellular, mobile or
other telephone provider will charge you according to the type of
plan you carry. You are not required to give this authorization as
a condition of purchasing anything from the Company.
18. INTELLECTUAL PROPERTY, COPYRIGHTS, AND IDENTIFYING MARKS
All rights, title, and interest in and to the Website and the
Content (as defined below) and any all intellectual property
contained therein or relating thereto, including any copyright,
patent or trademark, are and will remain the exclusive property of
the Company or its licensors, as applicable (except where another
person or entity is expressly credited as the provider of such
content or data). Such intellectual property is protected by
federal and state law and international treaties. You acknowledge
and agree that no proprietary rights are being transferred to you
in such materials or information, and that you have no intention
of using such materials or information inappropriately or to in
any way harm the Company or any of its affiliates, directors,
officers or employees.
For purposes of the Terms of Service, the Content shall include
all contents of the Website, including any logos, identifying
marks, images, illustrations, designs, icons, photographs, videos,
text and other written and multimedia materials, all of the
Company’s deposit, loan information (including rate information)
and requirements, products, services, advertising materials or
collateral, log-in or registration criteria and instructions, help
guidelines, user documentation and customer and technical support
documents, and the Website’s likeness, look and feel, format,
layout, software, code (whether binary, assembly, source, object,
HTML or otherwise), routines, scripts, software, platforms and
applications, as well as any data, files, archives, folders or
downloads available on the Website.
Subject to the terms and conditions of the Terms of Service, the
Company grants you a limited, non-transferable, non-sublicensable,
non-exclusive, revocable license to use the Website and the
Content for personal use, for persons who seek to enter into or
have entered into loans, seek to or have become lenders or any
person interested in learning more about the Company, its products
and services, until such time as the Terms of Service terminate or
expire or your right to use or access the Website is terminated in
accordance with the Terms of Service.
You acknowledge and agree that any violation of the provisions of
the Terms of Service regarding the Company’s Intellectual
Property, Copyrights and Identifying Marks and Acceptable Use of
the Website; Conditions of Your Use above may subject you to
compensatory and punitive damages, and shall specifically also
entitle the Company to equitable relief (including an injunction),
in addition to (and not in substitution or replacement for) any
other available remedies at law or in equity, without the need for
the posting of a bond or any other requirement.
19. THIRD-PARTY WEBSITES AND CONTENT
The Website may contain links or connections to third party
websites. Any such link or connection is provided only as a
convenience, and should be used at your own risk. The Company has
no control over any such other websites, the contents thereof or
the products, services or policies represented. The existence of
any link or other connection does not imply any affiliation,
sponsorship, endorsement, approval, investigation, representation,
warranty, verification or monitoring by the Company or create any
liability on the part of the Company in respect of such link or
connection. Please be aware that your use of any such third-party
websites is governed by the privacy policies of those sites, which
you are encouraged to review before using such sites.
You and the Company hereby acknowledge and agree that the Company
shall have no responsibility for any liabilities arising from or
related to the contents of any third- party website or the use of
any such website (including any mobile website) or the privacy
policies and customer information practices of any such website.
20. INTERNATIONAL SITE USE
The Company makes no claims that the Website or the Content are
appropriate for or may be downloaded or accessed outside of the
United States. If you access the Website from outside the United
States, you do so at your own risk and are responsible for
compliance with the applicable laws of the country or jurisdiction
where you may be located. You may not use or export any content of
the Website in violation of U.S. export laws and regulations or
any other U.S. or foreign federal, state or local statute, rule or
regulation. The Content is not intended for distribution to, or
use by, any person or entity in any jurisdiction or country where
such distribution or use would be contrary to local law or
regulation. The Company makes no representations that the Content
is appropriate for use in all locations, or that the transactions,
products, loans, financial instruments or services indicated or
discussed on the Website are available or appropriate for sale or
use in all jurisdictions, or countries or by all investors or
counterparties. For further information regarding use of the Site,
please contact support@bitleague.com.
BITLEAGUE USER AGREEMENT
INTRODUCTION
Welcome to BitLeague. We are glad to have you with us. Please read
and keep this BitLeague User Agreement (“Agreement”).
A. Our Agreement
BitLeague LLC and affiliates are referred to herein as the
“BitLeague”, “Company”, “we”, or “us”. The person who applies
and/or owns BitLeague Account (“Account”) is referred to herein as
"you", "your" or “User”. You agree to be bound by the terms of
this Agreement, including any policies or other terms incorporated
by reference. You fully understand that if you do not agree to be
bound by this Agreement, you shall not access or use the BitLeague
Services. BitLeague Services include providing you with access and
utility through our digital asset trading platform bitleague.com,
bitleaguepro.com, mobile application (“Site”) via software, API
(application program interface), technologies, products and/or
functionalities (collectively or individually, the 'Service(s)').
The Company reserves the right to change or modify the terms and
conditions contained in this Agreement, including but not limited
to any policy or guideline of the platform, at any time and at its
sole discretion. As described in this Agreement, you agree to be
legally bound by these terms and all terms incorporated by
reference. We will provide notice of these changes by posting the
revised Agreement on bitleague.com or by emailing users at their
provided email addresses, or by any other means as determined by
the Company at its sole discretion, and the updated Terms shall be
effective at such time. In the event that you do not agree with
any such modification, your sole and exclusive remedy is to
terminate your use of the Services and close your Account. You
agree that we shall not be liable to you or any third party as a
result of any losses suffered by any modification or amendment of
these terms. Your non-termination or continued use of this Site or
Services after the effective date of any changes or modifications
of this Agreement constitute acceptance of such changes or
modifications.
B. Account Basics
BitLeague Account types include:
Fiat Currency Account:
This account is denominated in USD, or other fiat currencies. By
opening or maintaining your account on or after the Effective Date
of this Agreement, you agree that the terms contained in herein
will govern your account and any services related to your
account.
Bitcoin Current Account
By opening or maintaining your account on or after the Effective
Date of this Agreement, you agree that the terms contained in
herein will govern your account and any services related to your
account.
Bitcoin Term Deposit Account
Our Bitcoin Term Deposit Account is a crypto repository account
that allows you to earn interest on the eligible cryptocurrency
held in your account. By opening a Bitcoin Term Deposit Account on
or after the effective date of this Agreement, you agree that the
terms contained in herein will govern your Bitcoin Term Deposit
Account and any services related to your account. A Bitcoin Term
Deposit Account opened prior to the effective date will be
governed by this Agreement, as modified from time to time in
accordance with this Agreement. You agree that this Agreement will
govern any existing Bitcoin Term Deposit Account maintained on or
after the effective date. We reserve the right to update this
Agreement from time to time.
1. Opening an Account
For all accounts: Anyone who is at least eighteen (18) years old
can apply to open an account. In order to open your account, we
must verify your identity and require acceptable types of
identification. To help the government fight the funding of
terrorism and money laundering activities, federal law requires us
to obtain, verify, and record information that identifies each
person or entity that opens an account. When you apply for an
account, we will ask for information that will allow us to
identify you. We may also ask for your driver’s license or other
identifying documents. For business accounts, we may require
identification information related to the ultimate beneficial
owners of your business. Bitcoin Term Deposit Account is not
available in the States of New York, Connecticut, Washington and
Wyoming. All our accounts are not available in Cuba, Iran, North
Korea, Sudan, Syria, Libya, or any other country to which the
United States, the United Kingdom or the European Union embargoes
goods or imposes similar sanctions, or any other jurisdiction
which we determine we would not be able to offer Services for
regulatory or policy reasons. We reserve the right to update the
list of prohibited jurisdictions and/or reject applications to
open accounts that we determine we would be unable to accept for
regulatory or policy reasons in our sole and absolute discretion.
You represent and warrant that any and all information provided to
us pursuant to this Agreement or otherwise is true, accurate and
not misleading in any respect. If any such information changes, it
is your obligation to update such information as soon as possible.
Note that we may use information from third parties to help us
determine if we should open or maintain your account. Your account
is not deemed to be opened, and we have no responsibility to you
unless and until you have received written confirmation from us
that your account has been opened. We are not obligated to accept
an application from any applicant, and we reserve the right not to
open an account for any applicant in our sole and absolute
discretion.
2. What Types of Accounts Can Be Opened
a. BitLeague offers Fiat Currency Account, Bitcoin Current
Account, Bitcoin Term Deposit Account. b. These accounts can be
opened at bitleague.com, bitleaguepro.com, our mobile application.
c. Bitcoin Current Account — This account allows you to make your
deposit by transferring bitcoin to the deposit address provided in
your BitLeague Account. d. Bitcoin Term Deposit Account —This
account allows you to make your deposit by transferring bitcoin to
the deposit address provided in your Account. By opening a Bitcoin
Term Deposit Account, you have contracted to keep the deposited
funds on deposit until the maturity date of the Bitcoin Term
Deposit.
3. Funding your accounts
You can make your deposit by transferring bitcoin to the deposit
address provided in your Account. The transfer of bitcoin to your
Bitcoin Current Account and Bitcoin Term Deposit Account may not
be deemed settled and completed until (i) the transaction has been
recorded in a block and five (5) consecutive subsequent blocks
referring back to such block (meaning six (6) blocks in total)
have been added to the applicable blockchain or (ii) the
transaction has met a different protocol for a specific
cryptocurrency that BitLeague has agreed to. As of the date of
these Terms, the minimum deposit required to open a Bitcoin Term
Deposit Account (the “Minimum Balance”) is 0.00001 Bitcoin. We
may, in our sole discretion, change the Minimum Balance in the
future, and such changed Minimum Balance will apply to your
Bitcoin Term Deposit Account. You may transfer fiat currency into
your Account by wire transfer or ACH from your bank account with a
third-party financial institution that provides wire or ACH
transfer services. If you fund by wire transfer you
must include a unique, 6-digit code provided by us in the
wire memo. This allows us to associate the bank account used to
initiate the wire with your account. You agree that deposit
settlement times may be delayed in connection with downtime or
disruptions with our service providers.
4. How Accounts Can Be Owned
Accounts can be held in the types of ownership described below. a.
Individual Account This account is owned by only one person who
can deposit, trade, transfer or withdraw bitcoin held in the
account. b. Business Account This account is owned by a
corporation, unincorporated association, limited liability
company, limited liability partnership, fiduciary, partnership,
sole proprietorship or other entity holding an account in any
capacity other than an individual capacity. Each person or entity
completing any account opening requirements represents and agrees
that he or she (i) is fully authorized to execute all documents or
otherwise complete our requirements in his or her stated capacity,
(ii) has furnished all documents or other information necessary to
demonstrate that authority and (iii) will furnish other documents
and complete other requirements as we may request from time to
time. We may refuse to recognize any resolution affecting your
business account that appears to us to be incomplete or improperly
executed.
5. Term and How Interest is calculated
Definition of APR: An annual percentage rate (APR) is the annual
interest rate that is paid on an investment, without taking into
account the compounding of interest within that year. For accounts
at BitLeague, we use APR to calculate the actual return on the
principal. Bitcoin Current Account: This account does not offer
interest. You may make a withdrawal of bitcoins from your Bitcoin
Current Account at any time. Bitcoin Term Deposit Account: This
account can be invested for a range of terms of between three
months and thirty-six months. For bitcoin term deposits, interest
and principal are paid upon maturity. Interest on a term deposit
account accrues daily, based on the initial balance (principal) of
the term deposit account on the relevant day. The effective
starting date to accrue the interest is the second day of your
fund is transferred to your bitcoin term deposit account. Interest
is not compounded (that is, it is not added to the principal of
the account). APR is fixed for the term of your term deposit. We
will tell you the APR for the particular term that you have chosen
when you establish a term deposit. We use the daily periodic rate
to calculate the interest on your account. The daily periodic rate
is the APR fixed for the term of your deposit divided by 365, even
in leap years. The formula to calculate the interest of bitcoin
term deposit is as below: Earned interest = principal x APR for
this term deposit/365 x total days of the term
6. How Interest can be Paid
All payments from, or relating to, a term deposit account
(including interest payments, and the principal paid to you upon
maturity) will be made by the crediting of your BitLeague bitcoin
current account within two (2) business days of the maturity day.
Your account must be open on such date in order for you to receive
the payment.
7. Withdrawals
You may transfer fiat currency and bitcoin (“Customer Assets”)
from your Account to a Registered External Account (as defined
below) that you have linked via the Services. “Registered External
Account” means a bank account, account with another financial
institution, wallet software, device or service, digital currency
address or similar account or service not hosted or provided by
us. Fiat Currency Account: You may make a withdrawal of fiat
currency from your Fiat Currency Account at any time. The time
needed to complete a withdrawal will depend in part upon the
performance of third parties, and we make no guarantee regarding
the amount of time it may take to complete such withdrawal. Any
third party fees charged by third parties in connection with your
withdrawal will be deducted from the amount of fiat currency you
withdraw from your account. Bitcoin Current Account: You may make
a withdrawal of bitcoins from your Bitcoin Current Account at any
time. BitLeague initiates the withdrawal process instantly when
possible, and we may require up to two (2) business days after you
submit your withdrawal request to process the withdrawal , and we
make no guarantee regarding the amount of time it may take to
complete such withdrawal. Bitcoin Term Deposit Account: You may
not make an early withdrawal prior to the maturity date. If we
consent to the early withdrawal prior to the maturity date, we
will impose a penalty. The penalty amount will be equal to the
total interest accrued in the account, which means we will only
pay the initial opening balance when we consent to the early
withdrawal. We will make the payment within seven (7) business
days after our consent to the early withdrawal. The interest
earned and the principal will be automatically credited to your
bitcoin current account within two (2) business days after the
maturity day, and you can withdraw the bitcoins from your bitcoin
current account after that. We may decide and change the minimum
and maximum withdrawal amount for the Account any time, and this
information will be posted on Site. Any blockchain transaction
fees charged by third parties in connection with your withdrawal
will be deducted from the amount of cryptocurrency you withdraw
from your account. For example, if you withdraw one Bitcoin from
your account, and the Bitcoin network charges a transaction fee
equal to 0.01 Bitcoin, you will receive 0.99 Bitcoin.
8. Trading
Orders: Provided that you have sufficient Customer Assets in your
Account, the Services can be used to submit requests to purchase
or sell bitcoin, (an “Order”).
Hold on Customer Assets: When you submit an Order, the
corresponding amount of Customer Assets required to complete such
Order, including any applicable fees, will be held for purposes of
completing the Order and will be unavailable for other uses or
transactions via the Services until such time as the Order is
completed or canceled in accordance with this Agreement. In the
event of an Order that exceeds the limits for your Account, we
reserve the right to cancel all or any portion of such Order and
restore any Customer Assets associated with the cancelled Order
(or portions thereof), minus any fees associated with the return.
Order Matching: By submitting an Order you authorize us to match
and execute your Order on a spot basis for all or a portion of the
Customer Assets specified in the Order (less any applicable fees).
Your Order may be matched with an order on any order book
maintained by us or to which we have access, or may be executed
directly with us.
Self-Trade Prevention: The Services include mechanisms designed to
prevent self-trading so that the same user cannot be both the
maker and taker on an Order or any portion of an Order. If you
were to be matched with an Order you placed (self-trade), that
Order (or applicable portion of the Order) will be voided without
fees and only the remaining, non-voided portion of the Order, if
any, would be eligible to be fulfilled.
Settlement: Subject to this Agreement, we will settle Orders (or
portions thereof) that are matched and executed using the Services
(each, a “Trade”) by adjusting ledger balances to reflect the
appropriate credits and debits on the respective BitLeague
Accounts. The Customer Assets exchanged in the trade (and any
applicable fees) will be the basis for calculating the amount of
any credits and debits, but because Customer Assets are held in
pooled accounts and wallets, no Customer Assets will necessarily
be transferred in connection with any Trades.
Independent relationship: You acknowledge and agree that: (a) We
are not acting as your broker, intermediary, agent, or advisor or
in any fiduciary capacity in connection with any Trades, and (b)
no communication or information provided to you by us shall be
considered or construed as advice.
Prices and Availability: We may, at our discretion, enable direct
purchase and sale of bitcoins by us using the Services by
publishing on the Services the price at which we are willing to
purchase or sell bitcoins. We reserve the right to reject any
offer to purchase or sell any bitcoin and to discontinue purchase
or sale of any or all bitcoin at any time at its sole discretion
and without notice.
Quotes: Prior to completing your purchase or sale of any bitcoin,
the Services will display the amount of Customer Assets you will
pay and the amount of bitcoins or fiat currency that will be
credited to your account (after deducting any applicable fees) in
connection with the proposed transaction (each, a “Quote”). A
Quote is provided for information purposes only and is not an
offer by us to buy or sell for the amounts quoted. If you use the
Services to initiate an offer based on the Quote, that offer
represents your offer to buy or sell for the financial terms
represented in the Quote and the other terms and conditions in
this Agreement and presented by the Services. We may accept or
reject your offer at its discretion. You agree to comply with any
terms and conditions provided with the Quote as well as this
Agreement.
Payment Methods: You may be able to purchase bitcoins from us
using an external payment method that is accepted via the
Services. You represent and warrant that you are authorized to use
your designated payment method. You authorize us, or our
designated payment processor, to charge your designated payment
method for the full amount of the order. If the payment method you
designate cannot be verified, is invalid or is otherwise not
acceptable, your offer will be rejected.
Restrictions: We may, at any time and in our sole discretion,
refuse any Transaction submitted via the Services, impose limits
on Transaction amounts or impose any other conditions or
restrictions upon your use of the Services without prior notice.
Insufficient Customer Assets: If you have an insufficient amount
of Customer Assets to complete a Transaction, we may cancel the
entire Transaction request or partially fulfill the Transaction
request using the amount of Customer Assets currently available in
your Account, less any fees.
Cancellations: Once your Transaction request has been processed
via the Services, you may not change, withdraw or cancel your
Transaction request.
Errors: All Transactions are final and will not be reversed unless
required by applicable law or regulation, or if we determine that
a Transaction should be reversed based on an error or violation of
this Agreement. A major discrepancy between the price at which a
Transaction is completed and market rate is an example, without
limitation, of a reason we may decide to reverse a Transaction. We
may also halt trading to prevent additional errors, as required by
law or otherwise as determined by us to preserve the security and
integrity of the Services. If a technical error occurs due to our
willful misconduct or gross negligence, we will use reasonable
efforts to restore all users to the position they would have been
in had the error not occurred.
Market Manipulation Prohibited: You may not (and you may not
assist any third party to) (a) interfere with the free and fair
operation of the Services or the market for bitcoin, or (b)
create, or engage in any conduct designed or intended to create,
an artificial, false or misleading impression of the price or
market for bitcoin (collectively, “Market Manipulation”). Market
Manipulation includes but is not limited to any activity done to
deceive other traders or create the perception of increased
liquidity or volatility.
Trading availability: BitLeague offers bitcoin trading service to
United States residents in states as below: California, Colorado,
Delaware, Massachusetts, Missouri, Montana, New Jersey, North
Dakota, Utah, Wisconsin.
9. Fees and Other Payments
You agree to pay us for any Trades and other Transactions effected
using the Services and for any other products or services of
BitLeague made available through the Services, as well as any
other amounts specified in this Agreement. The amounts payable by
you pursuant to the preceding sentence as fees for trades and
other transactions effected using the Services will be calculated
based on the fee schedules published on bitleague.com. We reserve
the right to change any fees or other charges at any time at its
sole discretion by updating the information published using the
Services. Any such changes will be effective immediately upon
publication unless expressly stated otherwise.
10. Taxes
It is your responsibility to determine what, if any, taxes apply
to the payments you make or receive, and to collect, report, and
remit the correct tax to the appropriate tax authority. We will
make any tax withholdings or filings that we are required by law
to make, but we are not responsible for determining whether taxes
apply to your transaction, or for collecting, reporting, or
remitting any taxes arising from any transaction. You are
responsible for complying with applicable law. You agree that
BitLeague is not responsible for determining whether or which laws
may apply to your transactions, including tax law. You are solely
responsible for reporting and paying any taxes arising from your
account.
11. Risk Disclosure
Your Bitcoin Current Account and Bitcoin Term Deposit Account are
not a checking or savings account, and they are not covered by
insurance against losses. We will lend, sell, pledge,
rehypothecate, assign, invest, use, commingle or otherwise dispose
of funds and cryptocurrency assets to counterparties, and we will
use our commercial best efforts to prevent losses. In certain
jurisdictions, cryptocurrency is not legal tender, is not backed
by the government, and accounts and value balances are not subject
to Federal Deposit Insurance Corporation or Securities Investor
Protection Corporation protections. Legislative and regulatory
changes or actions at the state, federal, or international level
may adversely affect the use, transfer, exchange, and value of
cryptocurrency. Transactions in cryptocurrency may be
irreversible, and, accordingly, losses due to fraudulent or
accidental transactions may not be recoverable. Some
cryptocurrency transactions shall be deemed to be made when
recorded on a public ledger, which is not necessarily the date or
time that the customer initiates the transaction. The value of
cryptocurrency may be derived from the continued willingness of
market participants to exchange government-issued currency for
cryptocurrency, which may result in the potential for permanent
and total loss of value of a particular cryptocurrency should the
market for that cryptocurrency disappear. There is no assurance
that a person who accepts a cryptocurrency as payment today will
continue to do so in the future. The volatility and
unpredictability of the price of cryptocurrency relative to
government-issued currency may result in significant loss over a
short period of time. The nature of cryptocurrency may lead to an
increased risk of fraud or cyber-attack, including rollback
attacks or blockchain reorganizations. The nature of
cryptocurrency means that any technological difficulties
experienced by BitLeague may prevent the access or use of a
customer’s cryptocurrency. Any trust account maintained by
BitLeague for the benefit of its customers may not be sufficient
to cover all losses incurred by customers. In light of these
risks, you should carefully consider whether holding
cryptocurrency is suitable for you in light of your financial
condition.
12. Hard Forks
Any blockchain may undergo software updates from time to time,
which will result in a permanent divergence in the blockchain (a
“Hard Fork”). The result is that the cryptocurrency on that
blockchain will split into two (2) separate and distinct
blockchains, the legacy currency and a new currency, which is
issued to those holders of the legacy currency on the date of the
Hard Fork (the “New Currency”). Due to the administrative
complexity of being the repository for a hard-forked currency, the
support of any New Currency in your account is solely at the
discretion of BitLeague. If we make no public announcement
regarding an attempted Hard Fork, we will not support the New
Currency, in which case, all accounts will be denominated in the
legacy currency and all interest will accrue in the legacy
currency. In the event that a Hard Fork achieves the required
consensus, it is possible that we will only support the New
Currency and will discontinue our support of the legacy currency.
In the event of a Hard Fork that entitles you to a New Currency,
you are advised to withdraw the applicable cryptocurrency from
your account prior to the date of the Hard Fork. BitLeague is in
no way obligated to monitor or maintain balances of New Currency
issued to holders of the applicable cryptocurrency upon a Hard
Fork or to credit you for the value of such New Currency. In the
event you wish to receive New Currency issued upon a Hard Fork,
you are advised to withdraw the applicable cryptocurrency from
your account prior to the date of the Hard Fork. All
determinations regarding Hard Forks shall be made by BitLeague in
its sole and absolute discretion and in accordance with all
applicable law.
13. Consent to Rehypothecate
In consideration for the bitcoins in your account, you grant
BitLeague the right, subject to applicable law, without further
notice to you, to hold the bitcoins held in your account in
BitLeague’s name or in another name, and to pledge, repledge,
hypothecate, rehypothecate, sell, lend, or otherwise transfer or
use any amount of such bitcoins, separately or together with other
property, with all attendant rights of ownership, and for any
period of time and without retaining in BitLeague’s possession
and/or control a like amount of bitcoins, and to use or invest
such bitcoins at its own risk. You acknowledge that, with respect
to assets used by BitLeague pursuant to this paragraph, (i) you
may not be able to exercise certain rights of ownership and (ii)
BitLeague may receive compensation in connection with lending or
otherwise using bitcoin in its business to which you will have no
entitlement.
14. Ownership of Bitcoin
You hereby represent and warrant to us at all times during which
you hold bitcoin in your accounts that any bitcoin used by you in
connection with your accounts is owned by you or that you are
validly authorized to carry out transactions using such bitcoin
and that all transactions initiated with your accounts are for
your own account and not on behalf of any other person or entity.
C. General Rules Governing Accounts
All of our actions relating to your account, including this
Agreement, will be governed by the laws and regulations of the
United States and, to the extent not preempted, the laws and
regulations of the State of New Jersey. Any lawsuit regarding your
account must be brought in a proper court in the State of New
Jersey. If any part of this Agreement is determined to be invalid
or unenforceable, such determination will not affect the remainder
of this Agreement. We reserve the right at all times to monitor,
review, retain and/or disclose any information as necessary to
satisfy any applicable law, regulation, legal process or
governmental request.
1. Contributions
All contributions to your Bitcoin Current Account and Bitcoin Term
Deposit Account must consist of eligible cryptocurrency and must
be transferred to the deposit address provided in your BitLeague
account application or as otherwise notified by us to you. We have
the right to reject any deposit and the right to return a deposit
already made. Any deposit received on any business day at or
before 11:59 p.m. ET will be treated by us as being received on
such business day.
2. Our Relationship with You
This Agreement and the deposit, trade relationship do not create a
fiduciary relationship between us.
3. Authorized Users
We may follow instructions regarding your accounts if we
reasonably believe that you have authorized the instructions.
4. Transfer of Accounts
Accounts are not transferable or assignable in whole or in part.
5. Abandoned/Unclaimed Accounts
We are required by law to turn over the funds in abandoned or
unclaimed customer accounts to the state of your last known
residence.
6. Business Day
For purposes of this Agreement, our business days are Monday
through Friday. Saturdays, Sundays and all US Banking Holidays are
not included.
7. Indemnification and Limitation of Liability; Attorney’s Fees
and Costs for Lawsuits
You agree to indemnify and hold us and our affiliates harmless
from any losses, damages, suits and expenses, of whatever kind,
including reasonable attorneys’ fees, which we may incur in
connection with or arising out of your use of your accounts or our
activities in connection with such account, your violation of any
law, regulation, order or other legal mandate, or the rights of a
third party, or any act or omission by your agent, representative
or third-party service provider while using your accounts,
regardless of whether the specific use was expressly authorized by
you. You agree to comply with applicable law and to not use your
accounts for unlawful internet gambling transactions or any other
transaction or activity that is illegal or violates applicable
regulations or rules of any applicable self-regulatory
organization. Please note, your agreement to comply includes
United States federal and state economic sanctions laws and
regulations, including those issued by the Office of Foreign
Assets Control of the U.S. Department of the Treasury and
Executive Orders issued by the President of the United States. We
are not liable to you for claims, costs, losses or damages caused
by an event that is beyond our reasonable control (e.g., the acts
or omissions of third parties, natural disaster, emergency
conditions, government action, equipment or communications
malfunction). We are not liable for special, incidental,
exemplary, punitive or consequential losses or damages of any
kind. Any amounts owed or liabilities incurred by us
(“Obligations”) may be satisfied solely from the assets of
BitLeague LLC. Without limiting the generality of the foregoing,
in no event shall you have any recourse, whether by setoff or
otherwise, with respect to any amounts owed or liabilities
incurred, to or against any assets of any person or entity other
than BitLeague LLC for Obligations, including, without limitation,
any member, affiliate, investor, employee, officer, agent or
advisor of BitLeague LLC. We reserve the right to limit access to
your accounts, which can include temporarily or permanently
removing your online access, restricting your account and/or
closing your accounts without prior notice to you unless prior
notice is required by law. We do not bear liability for such
actions. In addition, BitLeague reserves the right to withhold or
delay the withdrawal of funds or assets belonging to you if you
fail to comply with this Agreement. Our liability to you for a
claim is limited to the face value of the item or transaction, or
the actual value of any funds not properly credited or debited.
8. Conflict/Disputes Involving Your Account
We are not liable to you for errors that do not result in
financial loss to you. We may take any action authorized or
permitted by these Terms without being liable to you, even if such
action causes you to incur fees, expenses or damages. If third
parties make claims on your account, or if we receive conflicting
instructions from authorized signers, or if we become involved in
or concerned about a dispute between you and an authorized signer,
we have discretion to react in ways we believe to be appropriate,
including by closing your account and returning the cryptocurrency
deposited therein or interpleading funds to court. You are liable
for all expenses and fees we incur for such conflicts or disputes,
including internal costs and attorneys’ fees, and we may charge
them to your account.
9. Legal Process Affecting Accounts
If legal action such as an attachment, garnishment, levy or other
state or federal legal process (“legal process”) is brought
against your account, we may refuse to permit (or may limit)
withdrawals or transfers from your account until the legal process
is satisfied or dismissed. Regardless of the terms of such
attachment, garnishment, levy or other state or federal process,
we have first claim to any and all funds in your account. We will
not contest on your behalf any such legal process and may take
action to comply with such legal process as we determine to be
appropriate in the circumstances without liability to you. If we
incur any expenses, including without limitation, reasonable
attorney fees, in connection with any such legal process, we may
charge any expenses and fees to your account or any other account
you may have with us without prior notice to you, or we may bill
you directly for such expenses and fees. Any garnishment or other
levy against your account is subject to our right of setoff and
security interest.
10. Setoff and Security Interest Rights
You grant us a security interest in any and all of your accounts
with us for obligations owing to us or any of our affiliates by
any owner of any of your accounts. These obligations include both
secured and unsecured debts and debts you owe individually or
together with someone else, including debts and obligations under
other transactions or agreements between you and us or any of our
affiliates. We may take or set off funds in any or all of your
accounts, or transfer funds between any or all of your accounts,
with us or any of our affiliates for direct, indirect and acquired
obligations that you owe us or our affiliates, including any
balances as a result of not having sufficient funds available,
regardless of the source of funds in an account. These rights are
in addition to other rights we have to take, transfer or charge
funds in your account for obligations you owe us or our
affiliates. We may consider this Agreement as your consent to
BitLeague’s asserting its security interest or exercising its
right of setoff should any laws governing your account require
your consent. If the law restricts our ability to take, transfer
or setoff funds in your account, or if some deposits are protected
from attachment, levy or legal process, to the extent that you may
do so by contract, you waive those conditions and limits and
authorize us to apply funds in any or all of your accounts with us
to obligations you owe us. Exercising these rights may result in
early withdrawal penalties.
11. Change of Address
You must promptly notify us of any change in your residential
address, mailing or email address. Failure to notify us may result
in delay or non-receipt of BitLeague correspondence. If you move
to a state, or country in which we are do not provide Services, we
will terminate your Account.
12. Recording and Monitoring Telephone Calls and Electronic
Communications
We may record and monitor our telephone conversations with you and
your electronic communications with us (chat, e-mail and other
forms of electronic exchange). Unless the law requires otherwise,
you consent in advance to such recording and monitoring and we do
not need to remind you of these activities.
13. Waiver
We may delay or waive any rights we have under this Agreement. If
we delay or waive our rights, you are still obligated to pay us
fees and other amounts you may owe us under this Agreement. Any
delay or waiver of our rights applies only to the specific
instance in which we decide to delay or waive the provision and
does not affect our future rights in any way.
14. Changes in terms
Please be aware that accounts or services can change over time. We
reserve the right to discontinue or make changes to accounts or
services. We may change this Agreement, and we may add to or
delete from this Agreement, and the updated agreement will
supersede all prior versions. We will provide notice of changes,
additions, and deletions as required by law. If we have provided
advance notice and you do not agree with a change, you may close
your account(s) before the effective date of the change, addition
or deletion. Your continued maintenance of your account following
the effective date of any change, addition or deletion will be
subject to this Agreement as so modified.
15. Digital Images, e-Signatures, & Facsimile Signatures
We accept digital images, e-signatures, and facsimile signatures
for documents that need to be signed. However, we will not be
liable if use of a device was unauthorized or if the size, color
or quality of the signature is different from that of any
signature previously presented to us. If a facsimile signature is
used for a withdrawal from your account, you are responsible for
any withdrawal from your account when the facsimile signature
resembles or purports to be the signature of a person authorized
to make withdrawals from your account. You agree to reimburse us
(and we may charge your account) for all claims, costs, losses and
damages, including reasonable attorneys’ fees, that result from
our payment of a withdrawal accompanied by a facsimile signature
or by a facsimile or digital image that we otherwise believe you
authorized.
16. Closing an Account
We have the right to close your account at any time for any reason
without advance notice. If your account has a balance when we
close it, we will return the remaining Customer Assets to you,
less any applicable penalty, networking fees, and any other
charges, unless prohibited by applicable law. If the cost of
penalty, networking fees and other charges are larger than the
value of the remaining Customer Assets balance, we may not return
the remaining balance to you.
D. Electronic Services
1. Online
Our platform allows you to review your accounts and conduct
certain other transactions online. You must maintain adequate
security and control of any and all IDs, passwords, hints, or any
other codes that you use to access your account through our online
platform. Any loss or compromise of the foregoing information
and/or your personal information may result in unauthorized access
to your account. We assume no responsibility for any loss that you
may sustain due to compromise of your sensitive information.
2. Liability for Unauthorized Transfers from Your Account
Tell us AT ONCE if you believe that an electronic transfer has
been made without your permission. Please email to
contact@bitleague.com immediately to report your finding. You
accept all risks of unauthorized access and use of your account.
3. Liability for Failure to Make Transfers
If we do not complete a transfer to or from your account(s) on
time or in the correct amount according to our agreement with you,
we will be liable for your actual losses or damages. However,
there are some exceptions. We will not be liable, for instance:
a. If, through no fault of ours, you do not have enough funds in
your account to make the transfer.
b. If circumstances beyond our control (such as fire or flood)
prevent the transfer, despite reasonable
precautions that we have taken.
c. In the case of preauthorized credits, if the data from the
third party is not received, is incomplete or erroneous.
d. If your account is not in an active status.
There may be other exceptions stated in our agreement with you.
4. Disclosure of Account Information
We will disclose information to third parties about your account
or the transfers you make:
a. Where it is necessary for completing transfers; or
b. In order to verify the existence and condition of your account
for a third party, such as a credit bureau or merchant; or
c. If you give us your written permission; or
d. If we close your account due to a deficient balance, excessive
instances when you do not have sufficient funds in your account or
to protect or enforce our legal rights; or
e. In order to comply with government agency or court orders;
or
f. As disclosed in our Privacy Policy.
Effective Date: Feb/4/2020