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LEGAL TERMS & CONDITIONS

This agreement is made and entered into by and between you and Fairlay LLC, incorporated in the Republic of Costa Rica under ID number 3-102-736435 of the National Register (hereinafter referred to as “our site”. This agreement is applied to the site and platform provided by the site, and the e-content and/or software provided by the site, and transaction services of Bitcoin Prediction Market and any other products, content or services may be added by Fairlay LLC in future.

Fairlay LLC is the sole owner of the site www.fairlay.com, the ownership of the name, brand and domain are protected by the Costa Rica laws.

By using and accessing our web site, you accept, without limitation, all of these terms and conditions. We reserve the right to change these terms and conditions at any time. Change of these Terms & conditions will occur by mere posting of a new and modified version of these terms and conditions on our web site. By using our web site, you agree in advance that each use will be subject to the then applicable Terms & conditions.

By using our web site, you accept its Terms & conditions and Privacy Statement set forth below. If you do not agree with these policies, discontinue using this site immediately.

Services are available GLOBALLY and reserved only for individuals or businesses that can establish a legally binding contract under the laws applicable in their country of residence. Our Services are available to United States of America citizens except from people of the states of Washington and New York.

Without limiting the undermentioned terms, our Services are not available to people aged under 18 or who have not attained the legal age (“Minors”). If you are a minor, you cannot use this service. PLEASE DO NOT USE THIS SITE IF YOU ARE NOT QUALIFIED.

To avoid any doubt, we disclaim any liability for unauthorized use by minors of our Services in any manner or another. You are solely responsible for any decision and/or made by you based on the content of the Site.

Without derogating from the above-mentioned provision, we disclaim any responsibility for auditing and/or checking your level of knowledge and/or experience, and any liability for damages and/or loss suffered as a direct result and/or indirectly from your use of the Site. It is the same for any transaction and/or use of the Services. Without limiting the above-mentioned provisions, our Services are not available in areas where their use is illegal and Fairlay LLC reserves the right to refuse and/or cancel access to its Services to anyone at its sole convenience.

When registering, you’ll may have to provide certain identifying information. You are responsible for the security of your account’s login and password with Fairlay LLC. You are solely responsible for any damage caused by reason of any act or omission resulting in improper or illegal use of your account.

Users understand and accept that the account ID, bets, orders and balance transfers will be stored on a public ledger.

Without limiting the undermentioned provisions, you understand that laws regarding bets on prediction markets vary throughout the world, and it is your responsibility to make sure you properly comply with any law, regulation or guideline in your country of residence regarding the use of the Site. To avoid any doubt, the ability to access our Site does not necessarily mean that our Services and/or your activities through the Site are legal under the laws, regulations or directives relevant to your country of residence.

You hereby declare that the Bitcoins in your account with Fairlay LLC does not come from drug trafficking, kidnapping or any other illegal or criminal activity.

The depositing of Bitcoins from all dark net sites (including mixers and marketplaces) operating behind Tor, Freenet, I2P or any other similar service is forbidden.

Fairlay LLC grants you a limited non-exclusive, non-transferable license to access rand use the Site (the “License”). The license is subject to your compliance with the terms of this Agreement. You agree not to resell or make available the Site to any other person, and will not copy any documents contained on the Site for resale or for any other purpose without the prior written consent of Fairlay LLC.

To avoid any doubt, you will be liable and bound by any unauthorized use of the Site, in violation of this section.

The license granted hereunder shall terminate if Fairlay LLC considers that any information provided by you, including your e-mail is no longer current or accurate, or if you fail to comply with any term or condition of This Agreement and all rules and guidelines for each service. You agree that Fairlay LLC, in its sole discretion and with or without notice, may terminate your access to all or part of the Services, close any open transaction and remove and discard any information or content within a Service.

You agree to use the Site at your own risk.

Without limiting the undermentioned provisions, the services provided on this site is intended only to customers who are able to withstand the loss of any money they put into the betting of prediction markets and who understand the risks and have experience in taking risks in prediction markets. You should be aware of all the risks related to prediction markets.

Fairlay LLC may offer a link to other websites that are provided or controlled by third parties. Such link to a site or sites is neither an endorsement or an approval nor a sponsorship or an affiliation to such site, its owners or its suppliers. Fairlay LLC recommends you make sure you understand the risks associated with the use of such sites before retrieving, using or purchasing via the Internet.

Links to these sites are provided solely for your convenience and you agree not to hold Fairlay LLC responsible for any loss or damage due to the use or reliance on any content, products or services available on other sites.

Fairlay LLC reserves the right to cancel any bet that was made on an obviously bad line or price.

Fairlay LLC reserves the right in its sole discretion, to refuse or cancel services, and/or refuse to distribute profits to any person for legitimate reasons, including, without limitation:

  • If Fairlay LLC has reason to believe that a person’s activities on the Site may be illegal;
  • If Fairlay LLC may be harmed by any fiscal or pecuniary damage due to anyone’s activities;
  • If Fairlay LLC consider that one or more operations on the Site were made in violation of this Agreement.

Sport markets (excluding horse racing) are settled according to the settlement rules of Pinnacle Sports LLC unless different rules are stated in the market description. Disputes must be submitted within 3 days from the date the bet in questions has been graded. Fairlay LLC reserves the right to refuse to honor claims after this period.

The user will have the possibility to open two different types of accounts.

  • A normal account in which the user must enter their account name and password to access our system. The user’s account and password can be used only by this user. Never save your account name and password on your computer.
  • An instant account in which the user requires no email or passwords, the user will have an instant login via a secret URL.

Each client is wholly responsible for maintaining the secrecy of their login credentials. Any transaction confirmed by third parties shall stand. If a customer suspects a third party may have their password, the customer may ask Fairlay to temporarily lock their account.

We are not responsible for disclosure of personal information and loss of property if it is caused by the user.

Fairlay LLC finance department supervises every withdrawal request submitted. All withdrawals are processed immediately unless technical reasons, unusual demand or suspicious activities forbids it. In such a case or if withdrawals exceed 10 BTC per user in any 24 hour window withdrawals may take up to 48 hours. Circumventing this limit is forbidden and Fairlay LLC reserves the right to charge a 50mBTC fee if it detects any circumvention. Withdrawal and Deposit fees are subject to change and are made available on the Deposit and Withdrawal pages on the website.

We are committed to ensure continuity of the Services on the Site. However, we assume no responsibility for any error, omission, deletion, interruption, delay, defect, in operation or transmission, communications line failure, theft or destruction or unauthorized access or alteration of the Site or Services. We decline responsibility for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware or software, or any technical failure because of technical problems or traffic congestion on the Internet, the Site or any Service.

To the extent permitted by applicable law, in no event shall we be liable for any loss or damage arising from use of the Site or Services for any content posted on or through the Site or Services, or the conduct of all users of the Site or Services, whether online or offline.

IN NO EVENT FAIRLAY LLC OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER TO YOU, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION THE QUALITY OF THE USEFULNESS OF INFORMATION PROVIDED THROUGH OR AS PART OF THE SITE OR ANY BETTING DECISION MAKING ON THE BASIS OF THE INFORMATION, WHETHER THE DAMAGES WERE PREDICTABLE OR NOT AND WHETHER OR NOT FAIRLAY LLC HAS BEEN ACQUAINTED WITH THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL FAIRLAY LLC CUMULATIVE LIABILITY TO YOU EXCEED THE AMOUNT OF MONEY YOU TRANSFERRED OR DEPOSITED IN YOUR ACCOUNT ON THE SITE IN CONNECTION WITH THE TRANSACTION GIVING RISE TO SUCH LIABILITY.

All BTC deposited by the client will be stored and kept by Wallet Service LLC.

Prohibited Uses: It is prohibited to abuse this Site for purposes of money laundering.

FAIRLAY LLC employs best practice anti-money laundering. FAIRLAY LLC reserves the right to refuse and to terminate any business relationship, and to cancel any operation of customers who do not comply with the requirements of anti-money laundering:

  • The earnings will be paid to the person who first registered for an account online.
  • Users are forbidden to use FAIRLAY LLC platform for money laundering, betting fraud, match fixing, line manipulation or any other illegal activities.
  • The customer may not, under any circumstances, create multiple accounts in order to defraud Fairlay LLC. Accounts created to defraud Fairlay LLC will be cancelled and/ or those accounts permanently closed.
  • If Fairlay LLC suspects any user to be involved in any of the outlined forbidden activities, it may suspend that user's account and withdrawals until the identity and residency of the user is established.

Every content, trademark, service mark, trade name, logo and icon are the property of Fairlay LLC or its affiliates or agents and are protected by law and international treaties and provisions relating to copyright. You agree not to remove copyright notices or other indications of protected intellectual property rights of any material you print or download from the Site. You will not obtain intellectual property rights, or any right or license to use such material or the Site, other than those set forth herein.

Images displayed on the Site are property of Fairlay LLC. You agree not to upload, post, distribute or reproduce any information, software or other material protected by copyright or other intellectual property right (including rights of publicity and privacy) without first obtaining permission from the copyright owner and the prior written consent of Fairlay LLC.

Our company will not be liable in any way to any persons in the event of force majeure, or for the act of any government or legal authority.

In the event that any provision in this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

The failure of a party to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Our company may assign this Agreement or any rights and/or obligations hereunder without your consent.

Our company may amend the terms of this Agreement from time to time by posting the amended terms on the Site. You are responsible for checking whether the Agreement was amended. Any amendment shall come into force as of the day it was published on the Site. If you do not agree to be bound by the changes to the terms and conditions of this Agreement, do not use or access our Services, and inform us in writing immediately.

The use the Website and Services are at your own risk and the company shall not be responsible for any damages or losses of any kind that you shall incur as a result of modifications and enhancement and the termination and or suspension and/or discontinuation of the Website or any of the web site’s Services. The company shall not be responsible for any damages or losses you may suffer as a result of your use or reliance on the content of any website to which links appear on the Website. Any third-party links, services, resources and information that we provide on or make available through the Website are not controlled by us. We make no warranties regarding such third-party services, resources and information, and we will not be liable for your use of or reliance on such third-party services, resources or information.

You expressly agree that use of this web site is at your sole risk. We nor any of our respective employees, agents, or licensors warrant that this web site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this web site.

Know your customer policies have become increasingly important worldwide lately, especially among banks and other financial institutions, in order to prevent identity theft, money laundering, financial fraud and terrorist activity.

Fairlay LLC holds a zero tolerance fraud policy, and is taking all measures possible to prevent it. Any fraudulent activity will be documented and all related accounts to it will be immediately closed. All funds in these accounts will be forfeited.

Prevention:

  • Fairlay LLC aims to ensure the integrity of any sensitive data it obtains, such as your account information and the transactions you make, using a variety of security measures and fraud controls.
  • Fairlay LLC does its utmost to ensure the privacy, confidentiality and security of its clients are preserved both throughout their interaction with the company and afterwards, to the fullest extent achievable by the company.
  • When clients register with Fairlay LLC through a Normal Account they acknowledge their willingness to share with the company certain private information which we use for the purpose of confirming the client’s identity and ensuring the security of their deposits and trading account. This information is collected in line with our stringent verification procedures which are used to deter international money laundering operations and to ensure the security and safety of our customer’s trading activity throughout.

For Betting purposes, the closing price of Bitcoin is to be determined by the Brave New Coin Index in US dollars. In case that Brave New Coin Index is unavailable or unreliable, Fairlay LLC reserves the right to use another publicly available source of Bitcoin price data, or to cancel bets if necessary.

Eligible users may buy or sell Digital Currency through the Exchange Services at Fairlay LLC. The trading pairs available into the site will be Bitcoin Cash / Bitcoin, Ethereum / Bitcoin, Dash / Bitcoin, Litecoin / Bitcoin. The exchange services are exclusively peer to peer, Fairlay LLC is not responsible for the conversion rates. The exchange rate is stated either as a “Buy Price” or as a “Sell Price”, which is the price in terms of Digital Currency at which you may buy or sell supported Digital Currency. The user agrees, as a condition of using the exchange services, to accept the Exchange Rate as the conversion metric.

Fairlay LLC charges a small fee for maintaining inactive accounts. The fee of 1mBTC per month will be deducted from every account that has a positive balance, no open orders or positions and was not accessed in the last 24 months.

Although Fairlay tries it's best to provide a robust and secure trading environment, it may happen under very rare circumstances, that the order placement or order confirmation on the website is not working properly.

It's therefore the duty of the user to check 5 minutes after each order placement for inconsistencies between the submitted order, the personal matched orders and the available balance and inform Fairlay immediately about eventual issues. Bets that were placed or not placed by error due to technical problems on the website must be reported before the market closes. Unwanted exposure should be reduced if the market allows it and has a reasonable spread while Fairlay should be informed immediately.

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