Terms of Use


1 THE AGREEMENT

1.1 These Rules set out the basis on which Bitalo Predictions GmbH provides its prediction services and describes your use of these services. In addition, special terms apply and also constitute part of these Rules, together with the Privacy Policy and Data Protection Policy. 1.2 Bitalo Predictions GmbH enables its members to bet on the outcome of various events. Bitalo Predictions GmbH provides account opening and account facilities to its prediction account holders via its website which is located at www.bitcoin-predictions.com. Bitalo Predictions GmbH provides all services on an "as-is" basis. Bitalo Predictions GmbH is not a bookmaker nor is it involved in the business of betting or wagering. 1.3 Bitalo Predictions GmbH is a limited company registered in Germany and listed in the german trade registry with company registration number HRB 63896. 1.4 Bitalo Predictions GmbH may change these Rules at its sole discretion at any time. Notification of any changes will be posted on the website. Bitalo Predictions GmbH will inform you 2 weeks in advance before the changes enter into force by email. You agree that, in case you object to these Rules or any subsequent modification, or are dissatisfied with the service; your only recourse is to close your account (See Section 2.6). 1.5 It is your responsibility to check your email address to remain apprised of any changes made to these Rules by reviewing the website on a regular basis. 1.6 Unless explicitly stated by Bitalo Predictions GmbH, any new services or features made available by Bitalo Predictions GmbH to its prediction members that enhance or are additional to the current service shall be subject to these Rules. 1.7 All notices that Bitalo Predictions GmbH is required to send to you regarding the service shall be made via e-mail to the e-mail address provided by you. Notices served by you on Bitalo Predictions GmbH pursuant to these Rules shall be sent to Bitalo Predictions GmbH at the e-mail address given on prediction's website. Communications shall be deemed to have been received at the time of transmission. 1.8 Bitalo Predictions GmbH will use its reasonable endeavours to provide you with support via e-mail, limited to addressing problems experienced with accessing and using the prediction service, and viewing website pages. Bitalo Predictions GmbH does not have a minimum response time to any particular query nor does it guarantee to provide answers for any query. Any requests for support should be directed to Bitalo Predictions GmbH using the details provided in the "Contact Us" page of the prediction website (or such other details as Bitalo Predictions GmbH may from time to time notify you). 1.9 This agreement comes into effect when a prospective account holder submits the required details to open a prediction account and agrees online to be bound by prediction Rules, Privacy Policy, Disclaimer and Data Protection Consent. The agreement ceases when the account is closed (See Section 2.6 for details).

2 OPENING AN ACCOUNT

2.1 Conditions To open an account you must meet the following conditions: 2.1.1 You must carefully read and agree to these Rules, Privacy Policy, Disclaimer and Data Protection Consent. 2.1.2 You must not already hold a prediction account or have had a prediction account that has been closed by Bitalo Predictions GmbH. 2.1.3 You are not an employee of Bitalo Predictions GmbH. 2.1.4 You are not prohibited from using the services of prediction for any reason whatsoever, and your use will not cause Bitalo Predictions GmbH to violate any law from any jurisdiction from which you use the service. 2.2 Acceptance By opening a prediction account you recognize and warrant that: 2.2.1 All actions are contracted and settled on Bitalo Predictions GmbH's servers and are governed by German law. 2.2.2 You are solely responsible for meeting any requirements of your local tax authorities. 2.2.3 You undertake that, when using prediction's services, you will not rely predominantly on chance and you will not make any offer or series of offers that would, if matched, be considered an illegal activity. 2.2.4 You agree to keep your account username and password confidential and accept that you are fully liable for all trading losses, orders and payment transactions on your account, even if you are acting on behalf of a syndicate. 2.2.5 Any attempt by you to interrupt the operation of Bitalo Predictions GmbH, disrupt the operation of prediction website, to manipulate prediction market prices or act in a manner that may be injurious to Bitalo Predictions GmbH may result in the immediate closure of your account, and/or unwinding of your trades and/or being prevented from accessing all or any part of prediction or the website in future. 2.3 Assessment of Information Provided 2.3.1 Bitalo Predictions GmbH will handle all information provided by you on a confidential basis and in accordance with prediction's Privacy Policy, and Data Protection Consent, which you should view. 2.4 Application Process 2.4.1 Bitalo Predictions GmbH is entitled to reject your application without giving you a reason. 2.5 Misuse of Account 2.5.1 If you suspect that someone else is using your account you agree to immediately change your password and inform Bitalo Predictions GmbH by e-mail. When Bitalo Predictions GmbH is informed it will suspend your account and investigate. 2.6 Account Suspension and Closure 2.6.1 Bitalo Predictions GmbH has the right to suspend or close your prediction account at any time without giving you a reason, without further obligation or liability to you resulting from these actions. 2.6.2 If your prediction account is suspended by Bitalo Predictions GmbH you cannot enter new prediction bets and your open prediction bets will be cancelled. 2.6.3 You may only request to close your account by contacting Bitalo Predictions GmbH using the details described in the "Contact Us" section of the website. 2.6.4 You may only close your account when there are no open prediction bets 2.6.5 If Bitalo Predictions GmbH closes your account then it may, at its sole discretion, choose to take any or all of the following actions: a) cancel any or all of your outstanding prediction bets; b) claim reimbursements from you to cover losses and any costs incurred by Bitalo Predictions GmbH in determining and handling your breach of these Rules, including, without limitation, legal costs; 2.6.6 In closing your account you recognize that Bitalo Predictions GmbH's priority is to protect itself, the integrity of its markets and the interests of its other members. Bitalo Predictions GmbH neither has any obligation to minimize your losses nor to consult with you over its actions.

3 YOUR ACCOUNT

3.1 You can see up-to-date details of your account on the website. This shows the following: 3.3.1 Available virtual credits - this is the amount of unit that you can use for predictions. These units of account do not have any monetary value. 3.2 Any potential winnings, like Bitcoin prices, will be sent directly into your Bitalo wallet or indicated bitcoin address hosted outside of the Bitalo Predictions GmbH website.

4 USING THE PREDICTIONS

4.1 General 4.1.1 Bitalo Predictions GmbH recommends that all members view available demonstrations and or read relevant FAQ's and guides prior use the prediction. 4.1.2 Bitalo Predictions GmbH accepts no responsibility for any losses incurred due to a member's inability or delay in accessing or using the website. 4.1.3 Bitalo Predictions GmbH forbids the use of Inside Information unless the user discloses the information to Bitalo Predictions GmbH. Bitalo Predictions GmbH may then in its absolute right disclose the Inside Information on the prediction platform for the benefit of the general public. This will be done for informational purposes only and without guarantees regarding the validity of the information. Bitalo Predictions GmbH will not under any circumstances reveal the identity of the disclosing user. Inside Information is defined as material information about an event market that is the sole knowledge of a single person or a select few (such as a company's board of directors, management, agents, counterparties, employees or similar) but not by the public generally. Bitalo Predictions GmbH reserves the right to reverse any predictions it suspects have been executed by a member in possession of Inside Information. Other sanctions such as account suspension or account closure may be applied. 4.2 For entering predictions you must first enter a bet on a specific event. 4.2.1 Your bet will be rejected if you have insufficient internal credits 4.3 Cancelling bets 4.3.1 When you enter a bet on prediction the bet will remain live in the market until it is closed or until the bet or until you cancel prediction bet. 4.3.2 You may cancel prediction bets to release internal credits in order to make new predictions at any time before the settlement of the prediction event. 4.4 Trades 4.4.1 Rules governing specific predictions are contained in and supplemented by the internal rulesets of the prediction module. If you are unsure about any rules you must contact Bitalo Predictions GmbH before you give predictions 4.4.2 When Bitalo Predictions GmbH settles a prediction it takes the following actions: a) closes the prediction to prevent further betting b) cancels any outstanding prediction bets c) calculates the Expiry Profit or Loss in virtual credits and applies this to your account balance 4.4.3 The outcome is determined by the outcome of the underlying event in accordance with the internal ruleset of Bitalo Predictions GmbH.

5 FEES

5.1 Bitalo Predictions GmbH currently charges no fees.

6.1 The failure of a party to take action in respect of any breach of these Rules shall not constitute a waiver of any other breach of the same or any other provisions of these Rules and no waiver shall be effective unless made in writing. 6.2 If any part of this Agreement is found by a court of competent jurisdiction or other competent authority to be invalid, unlawful or unenforceable then such part shall either be interpreted in a way which can be enforced and is near to the original intent or be severed from the remainder of this Agreement, the remainder of this Agreement continuing to be valid and enforceable to the fullest extent permitted by law. 6.3 These Rules constitute the entire agreement between you and Bitalo Predictions GmbH and supersede all prior oral or written agreements, understandings, representations or arrangements (unless fraudulent). 6.4 These Rules and the agreement they create between you and Bitalo Predictions GmbH is personal to you and you may not transfer or assign the agreement or any part to any third party. 6.5 These Rules shall be construed and governed by the laws of Germany and you hereby irrevocably submit to the non-exclusive jurisdiction of the German courts. Irrespective of the foregoing, you agree to comply with any local laws that may apply to your ability to access, use and deal with the services in any manner. 6.6 Bitalo Predictions GmbH shall not be liable for any breach of its obligations hereunder resulting from causes beyond its reasonable control including, without limitation, fires, flood and strikes (of its own or other employees), technology, network or power supply failures. 6.7 This website is owned and operated by Bitalo Predictions GmbH.

7 LIMITATIONS ON LIABILITY

7.1 The service is subject to availability. Bitalo Predictions GmbH will use its reasonable endeavours to provide you with a continuous service but Bitalo Predictions GmbH makes no warranty or representation that the service will be uninterrupted or error free, nor is any warranty given that the content contained on the website does not contain viruses or may otherwise impact your computer. You acknowledge that neither Bitalo Predictions GmbH nor any other party has any control over the internet. 7.2 Services are provided on an "as is" basis and Bitalo Predictions GmbH make no warranties or representations of any kind either express or implied in relation to the service including but not limited to warranties or conditions of completeness, accuracy, timeliness, quality (satisfactory or otherwise), merchantability and fitness for a particular purpose. 7.3 No advice or information whether oral or written obtained by you from Bitalo Predictions GmbH or through or from the service shall create any warranty not expressly stated in these Rules. 7.4 Save as expressly set out in these Rules, all conditions and warranties which may be implied or incorporated into these Rules by law or otherwise are hereby expressly excluded to the extent permitted by law. 7.5 Except for death and personal injury arising from Bitalo Predictions GmbH's negligence, Bitalo Predictions GmbH shall not be liable for any indirect, incidental, special, punitive or consequential loss or damages arising from or in connection with these Rules or your use of any Bitalo Predictions GmbH provided services. 7.6 Bitalo Predictions GmbH's maximum aggregate liability under these Rules for any direct loss or damage that you may suffer shall be limited to the aggregate amount on deposit by you with Bitalo Predictions GmbH for the purposes of your use of the service. 7.7 If any exclusion, disclaimer or other provision contained in these Rules is held invalid for any reason and Bitalo Predictions GmbH becomes liable for loss or damage that could otherwise be limited, such liability, whether in contract, negligence or otherwise, will not exceed the aggregate amount deposited by you with Bitalo Predictions GmbH for the purposes of your use of the service 7.8 Bitalo Predictions GmbH accepts no liability for any defamatory, obscene or offensive material published on the service, whether on the website, by e-mail or otherwise and you agree to fully indemnify Bitalo Predictions GmbH for all liability, incurred through your use of prediction and incurred by Bitalo Predictions GmbH in relation to any publication by you. Bitalo Predictions GmbH accepts no liability for the content of any other sites linked to prediction's website. 7.9 Some jurisdictions do not permit the limitation or exclusion of liability for loss or damage or the limitation or exclusion of certain implied warranties. Accordingly some of the limitations and exclusions specified in these Rules may not apply to you.

8 INDEMNITY

You agree to fully and effectively indemnify and keep indemnified at all times Bitalo Predictions GmbH and its officers, directors, employees, affiliates and agents, immediately on demand against all and any liability (which liability shall include, without limitation, all losses, costs, claims, expenses, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which Bitalo Predictions GmbH or any of those individuals may suffer or incur as a result of access to and/or use of the service by you, any information, data or material produced by you or any breach by you of any of the provisions of these Rules (or of any law, code or regulation relating thereto or otherwise to the service).

9 INTELLECTUAL PROPERTY AND RIGHTS TO USE

9.1 Bitalo Predictions GmbH hereby grants to you and you hereby accept a non-exclusive and non-transferable license to use any software provided by Bitalo Predictions GmbH for the sole purpose of enabling you to use the service. You acknowledge and agree that the title to all copyright, trademarks and all other intellectual property rights in any software or other material which you are able to use as part of the service is and shall at all times remain vested in Bitalo Predictions GmbH or its third party licensors. 9.2 You acknowledge that you are permitted to use any such software or materials only as expressly authorized by Bitalo Predictions GmbH or its licensors and may not copy, reproduce, disassemble, reverse compile, adapt, transmit, distribute, sell or sub-license content or create derivative works of such software or other material without express authorization, except for your own personal, non-commercial use. 9.3 You agree that you are not permitted to reproduce, copy, sell, resell or exploit the service (or any part thereof) and use of and access to the services for any commercial purposes. You agree that you will not create any links to the website without the prior consent of Bitalo Predictions GmbH. 9.4 You agree not to take any action or use any device, software or routine that imposes an unreasonable or disproportionately large load on our infrastructure or which may jeopardize or prejudice the operation, quality or integrity of the website and the service. These rules were last updated 18 July 2014.

© 2018 Bitalo Predictions GmbH