Virtual Currency Wallet ServicesLibrty is a virtual currency wallet service provider that enables you to store, track, transfer, and manage your balances of certain supported virtual currencies (collectively, “Virtual Currency Transactions”). We will process Virtual Currency Transactions in accordance with the instructions we receive from you. Prior to submitting instructions to us, you should verify all transaction information. We do not guarantee the identity of any recipient, user, requestee or other party. You cannot reverse a Virtual Currency Transaction once it has been broadcast to the relevant Virtual Currency network. If a Virtual Currency Transaction has not yet been confirmed on the Virtual Currency network, Virtual Currency associated with such transaction will be designated as pending and will not be included in your Virtual Currency wallet balance or be available to conduct Virtual Currency Transactions. You cannot reverse or change any Virtual Currency Transaction marked as complete or pending.We may refuse to process or cancel any pending Virtual Currency Transaction as required by law or any court or other authority to which we are subject in any jurisdiction. We further reserve the right to delay any Virtual Currency Transaction if we perceive a risk of fraud or illegal activity. We also have the right to refuse to process or cancel any Virtual Currency Transaction due to technological issues with the blockchain software, our own software, or for other technological reasons.Our Services are available only in connection with those virtual currencies that we support which may change from time to time. You will not use your Account or your virtual currency wallet to store, send, request, or receive virtual currencies in any form that we do not support (we will use reasonable efforts to help you move or sell virtual currency that we no longer support). We assume no responsibility or liability in connection with any attempt to use your Account or virtual currency wallet for virtual currencies that we do not support.You acknowledge that: (i) we are not a bank or brokerage and the Services provided are facilitation services rather than banking services; and (ii) we are not acting as a trustee, fiduciary or escrow with respect to your virtual currency or funds, but is acting only as a Service provider.You agree that you will not receive interest or other earnings in your Account or virtual currency wallet from the use of our Services except through your own Virtual Currency Transactions and we have no responsibility or liability to you for Virtual Currency Transactions conducted by you or conducted by us in accordance with your instructions. You are prohibited from using our Services for any illegal or fraudulent purposes or for the purpose of consummating transactions for any other parties.By initiating Virtual Currency Transactions or by sending and receiving virtual currency, you appoint Librty as your nominee custodian to manage your Account where it is appropriate in the sole opinion of Librty or by your instruction. Should we suffer any damage, expense, liability, cost or loss from your use of our Services, you shall indemnify and reimburse us in full for such damage, expense, liability, cost or loss within five days of receiving an invoice from us (the “Payment Deadline”). If you fail to pay by the Payment Deadline or payment is not sufficient to reimburse us for such damage, expense, liability, cost or loss, we reserve the right to debit your Account accordingly and/or to withhold amounts from virtual currency or funds you have requested to transfer.
Internet ProviderWe act as a Service provider by creating, hosting, maintaining and providing our Services to you via the Internet. We cannot ensure that a buyer or a seller you are dealing with will actually complete the Virtual Currency Transaction and all risk of a Virtual Currency Transaction remains with you. We do not guarantee continuous, uninterrupted or secure access to our Services or the Site and we make no representations or warranties regarding the amount of time needed to complete Virtual Currency Transaction processing which is dependent upon many factors outside of our control.
Underlying ProtocolsWe do not own, control, operate or maintain the underlying software protocols which govern the operation of the virtual currencies supported by us. In general, the underlying protocols are open source software and anyone can use, copy, modify, and distribute them. By using our Services, you acknowledge and agree (i) that we are not responsible for the operation of the underlying protocols and that we make no guarantee of their security, functionality or availability; and (ii) that the underlying protocols are subject to sudden changes in operating rules, which may materially affect the value, function, name of the virtual currency and/or our ability to support certain virtual currencies. In the event of a fork in a virtual currency, you agree that we may temporarily suspend our Services (with or without advance notice to you) and that we may, in our sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You also agree that in the event you send a Virtual Currency Transaction at the time of a Virtual Currency fork, we will only honor the originally-intended Virtual Currency Transaction that you sent. You acknowledge and agree that we assume absolutely no responsibility or liability whatsoever in respect of an unsupported branch of a forked protocol.
Identity VerificationDuring registration of your Account and at any other time you have an Account, you agree to provide us with the information we request for the purposes of ongoing due diligence, identity verification and the detection of money laundering, terrorist financing, fraud, or any other financial crime and permit us to keep a record of such information. You agree and represent and warrant that all information you provide us at any time will not be false, inaccurate or misleading. You will need to complete certain verification procedures before you are permitted to use our Services. Your access to our Services and the limits that apply to your use of our Services, may be altered, suspended or terminated as a result of information collected about you on an ongoing basis and/or your failure to provide us with information we request on a timely basis. You authorise us to make inquiries, whether directly or through third parties, that we consider necessary to verify your identity or protect you and/or us against fraud or other financial crime, and to take action we reasonably deem necessary based on the results of such inquiries. When we carry out these inquiries, you acknowledge and agree that your personal information may be disclosed to fraud prevention or financial crime agencies and that these agencies may respond to our inquiries in full.Verification of Users is only an indication of increased likelihood that a User’s identity is correct. Because User verification on the Internet is difficult, we cannot and do not guarantee any User’s identity.You are solely responsible for the activity that occurs in relation to your Account, and you must keep your Account password secure. We recommend that you use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account. You must notify us immediately of any breach of security or unauthorised use of your Account by emailing us at email@example.com. We will not be responsible or liable for any damages, liability or losses caused by any unauthorised use of your Account.You may control your User profile and how you interact with our Services by changing the settings in your Account settings page. By providing us with your email address, you consent to our using such email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of our Services. If you do not want to receive such email messages, you may opt out by clicking “unsubscribe”, or something similar in the email message. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
No WarrantyTHE SITE, ALL INFORMATION PROVIDED THROUGH THE SITE AND OUR PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.To the maximum extent permitted by law, each of us and our respective past, present and future employees, officers, directors, advisors, contractors, consultants, licensors, equity holders, members, partners, shareholders, suppliers, managers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually, an “Party” and collectively, the “Parties”) disclaim all representations and warranties, whether express, implied or statutory, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No advice or information, whether oral or written, obtained by you from us or through use of the Site or our Services will create any warranty not expressly stated herein. Without limiting the foregoing, the Parties do not warrant that our Services will meet your requirements; the content on the Site is accurate, reliable or correct; that our Services will be available at any particular time or location, uninterrupted, error- free or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Use of the Site and our Services are at entirely your own risk and any content downloaded or otherwise obtained through the use of the Site or our Services is downloaded at your own risk.The materials and related graphics on the Site could include technical inaccuracies or typographical errors. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Site are your sole responsibility and we shall have no liability for such decisions. Changes are periodically added to the information contained on the Site. The Parties may make improvements and/or changes to the Site, our products and Services and/or the materials described on the Site at any time.We do or may offer features or services through third parties. We have no control over and do not warrant, endorse, guarantee, or assume responsibility or liability for any product or service advertised or offered by a third party through the Site or any hyperlinked website or service, and we will not in any way monitor or be a party to any transaction between you and any third-party. We are not responsible or liable for ensuring that a third party you transact with will complete the transaction or is authorised to do so. You use third party services at your own risk and you are solely responsible for reviewing and understanding the implications of using the services of such third parties.
Limitation of LiabilityTo the maximum extent permitted by applicable law, in no event shall any of the Parties be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including, without limitation, damages for loss of business revenues, loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to: (a) the use of, or inability to use, the Site or our Services; (b) any information provided by us or available from the Site; (c) any conduct or content of any other User of our Services or third party; or (d) the failure to receive in any way the transmission of any data, content, virtual currency, funds or property from you. Furthermore and without limiting the generality of the foregoing, under no circumstances will any Party be responsible for any liability, claim, proceeding, damage, loss, expense or injury resulting from hacking, tampering or other unauthorised access or use of our Services or your Account or the information, virtual currency or funds contained therein.To the maximum extent permitted by applicable law, none of the Parties shall be responsible or liable for any: (a) errors, mistakes, omissions or inaccuracies of information or content provided by us or on the Site; (b) loss, liability, cost, expense or damage of any nature whatsoever suffered or incurred arising out of or in connection with your access to or use of the Site, any of its content or our products or Services; (c) unauthorised access to or use of our secure servers and/or any and all personal information stored therein; (d) fault, delays, interruptions or lack of availability of the Site or any of our Services or products provided through the Site; (e) bugs, viruses, trojan horses, or the like that may be transmitted to or through our Services by any third party; (f) errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site or our Services; and/or (g) action of other Users, User Content (as defined below) or the defamatory, offensive, or illegal conduct of any third party. In no event shall the Parties be liable to you for any claims, proceedings, liabilities, obligations, expenses, damages, losses or costs in an amount exceeding the amount you paid to us under this Agreement or one hundred U.S. dollars (USD $100.00), whichever is greater.This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if a Party has been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.The disclaimers, exclusions, and limitations of liability under this Agreement will not apply to the extent prohibited by applicable law.
IndemnificationYou agree to defend, indemnify and hold harmless each Party from and against any and all claims, proceedings, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the Site and our Services, including any data, virtual currency or content transmitted or received by you; (b) your violation of any term or condition of this Agreement, including without limitation, your breach of any of the representations and warranties contained herein; (c) your violation of any third- party right, including without limitation any right of privacy or Intellectual Property Rights (as defined below); (d) your violation of any applicable law, rule or regulation; (e) your User Content or any content that is submitted via your Account including, without limitation, misleading, false, or inaccurate information; (f) your fraudulent behaviour, willful misconduct or gross negligence; or (g) any other party’s access and use of your Account or our Services with your unique username, password or other appropriate security code.
Fees and Referrals
FeesA full list of our fees for traditional payment processing and virtual currency wallet services can be found at Pricing & Fees on the Website, in this Agreement or in a separate fee schedule provided by us, as they may be amended from time to time. Merchants and business operators in high risk industries may be required to pay higher fees in our sole discretion. If you are unsure whether you or your business is classified as high risk or in violation of this Agreement, please contact firstname.lastname@example.org. Your Account and all Virtual Currency Transactions are made and displayed in the currency of the virtual currency held or the virtual currency of the Virtual Currency Transaction you are conducting.
Funding of PaymentsYou are responsible for maintaining an adequate balance and sufficient proceeds in your Account in order to pay for fees and complete transactions and in order to avoid overdraft, insufficient funds, or similar fees being charged. If reversal of funding occurs because you have used credit then you are fully and solely responsible for any resulting debit.
WithdrawalsYou may withdraw virtual currency from your Account; however, we reserve the right to require you to provide certain information including, without limitation, identification information and settle any outstanding fees or other amounts prior to completing any withdrawals.
Sending PaymentsYou may send virtual currency from your Account to another User’s account or to an external virtual currency address; however, we reserve the right to require you to provide certain information including, without limitation, identification information and settle any outstanding fees or other amounts prior to completing any such payments. You authorise us to deduct from your Account fees, costs, expenses and claims due and unpaid by you. All Virtual Currency Transactions are at your sole risk.
Rejected PaymentsWhen you send a payment to a third party through our Services, the recipient is not required to accept the payment, even if the recipient is also a registered User. The recipient may return the payment or, in some cases, use our Services to reject payments that you send. Any payments sent through our Services that are rejected or unclaimed by a recipient will be returned to you as soon as reasonably practicable after the date the payment is rejected and the virtual currency or funds are returned. Our standard fees apply for such transactions.
Completed TransactionsIt is the nature of Bitcoin, Litecoin, and the other virtual currencies that we support that all Virtual Currency Transactions are final with no method of refunding, charging back or other recourse for the sender of the virtual currency. As such we are unable to cancel, reverse or provide refunds for any Virtual Currency Transaction made through our Services. We do provide a feedback system so buyers can leave ratings for sellers (and vice versa).
Incomplete Transactions/OveragesIf your virtual currency was not received and/or confirmed on the relevant virtual currency platform or you sent more virtual currency then you intended to send we may be able to refund you the virtual currency as long as you have promptly notified us in time and such virtual currency is still within our control. To apply for a refund, open a support ticket providing your transaction ID, verification code, and refund virtual currency address. The ticket must be opened with the email address used for the applicable Virtual Currency Transaction. Refunds will be either (at our discretion): (a) the original amount of the virtual currency we have received and is still within our control; or (b) an amount equivalent to the USD value at the time of the Virtual Currency Transaction. All refunds must be claimed within 30 days of us receiving your virtual currency or it will be forfeited. Refunds of virtual currency and other funds may be returned to you minus our costs, the unsubsidised coin/miner network transaction fee and any other third party charges. For a refund to be honored it must be at least equal to the network transaction fee for that virtual currency times two, otherwise it will be forfeited.
Sent to wrong coin/chain, missing tags, delisted coins, etcIf you have sent virtual currency to the wrong virtual currency, virtual currency wallet or blockchain, or to a delisted virtual currency and it needs to be recovered by us manually there will be a recovery fee equal to 8% of the recovered virtual currency, if the virtual currency can be recovered at all, and we reserve the right in our sole discretion to not attempt to recover small amounts. This would also apply to virtual currency that require a destination tag, payment ID, memo, etc. that was not sent or sent to an incorrect address. We will not recover virtual currency we do not support. You must contact us within 30 days after an applicable Virtual Currency Transaction for us to recover your virtual currency, if recoverable, or it will be forfeited.
No Liability for Errors/OmissionsYou accept and acknowledge that we are not liable or responsible for any errors or omissions that are made in connection with any Virtual Currency Transaction initiated via the Services. We strongly encourage you to review your transaction details carefully before attempting to transfer a virtual currency.
Prohibited ActivitiesYou agree not to engage in any of the following prohibited activities which may be amended by us from time to time in our sole discretion (“Prohibited Activities”). The specific types of prohibited activities listed below are illustrative, but not exhaustive. If you are uncertain as to whether or not your use of our Services involves a Prohibited Activity, please contact email@example.com as soon as possible. By accessing and using the Site and our Services and opening an Account, you confirm that you will not use your Account, the Site or our Services to do any of the following:
Unlawful ActivityBeing an individual or entity sanctioned under sanctions programs administered in the countries where we carry on business, including, but not limited to, European Union law sanction programs and sanctions programs administered by the United Nations (collectively, the “Sanctions Programs”); carry on activity which would violate, or assist in violation of, any law, legislation, statute, ordinance, regulation (including, but not limited to, those governing financial services, consumer protection, unfair competition, anti-discrimination, or false advertising) or Sanctions Program, or which would involve proceeds of any unlawful activity; publish, distribute or disseminate any illegal material or information; or be in violation of any court order.
Unlawful BusinessesCarry on any of following businesses or activities:(i) pornography and the creation, sale or distribution of other obscene materials (including literature, imagery and other media) and sexually-related sites offering services such as prostitution, escorts, pay-per view and adult live chat features; (ii) unlawful gambling and/or unlawful gaming activities, including but not limited to payment or the acceptance of payments for wagers, gambling debts or gambling winnings, regardless of the location or type of gambling activity (including online and offline casinos, sports wagering, lotteries, bidding fee auctions and office pools) with the exception of payments for online gaming transactions that are expressly authorised by law in the jurisdiction of both the sender and the recipient of the payment; (iii) fraudulent businesses, sale of counterfeit or unauthorised or stolen items or the sale of goods or services that are illegally imported or exported; (iv) marijuana dispensaries and related businesses where it is illegal to carry on such businesses; sale of tobacco, e-cigarettes, and e-liquid; online prescription or pharmaceutical services; age restricted goods or services; weapons and munitions; gunpowder and other explosives; fireworks and related goods; or toxic, flammable, and radioactive materials; (v) sale of narcotics or illegal substances, and any equipment designed for making or using such drugs; (vi) ponzi schemes, pyramid schemes, high risk investment schemes and other businesses that we determine in our sole discretion to be unfair, deceptive, or predatory towards consumers; and (vii) any businesses that we believe poses elevated financial risk, legal liability, or violates the law.
Abusive ActivityTransmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or any other harmful or deleterious programs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information; actions which impose an unreasonable or disproportionately large load on our infrastructure, or detrimentally interferes with, intercepts, or expropriates any system, data, or information; attempt to gain unauthorised access to the Site, other Users’ accounts, computer systems or networks connected to the Site, through password mining or any other means; use account information of another party to access or use the Site; transfer your Account access or rights to your Account to a third party, unless by operation of law or with our express permission; any activity which creates costs, expenses, losses or liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers; activity which operates to defraud us, our Users, or any other person including, without, limitation, taking funds or virtual currency from our platform or from other Users that is not rightfully and legally yours or overdrawing or removing more virtual currency or funds from our platform than were legitimately in your Account; modifying, disassembling, decompiling or reverse engineering our Services; using any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior express written permission; provide any false, inaccurate, or misleading information to us; transmitting spam, chain letters, or other unsolicited email; attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running our Services; impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site or our Services; accessing any content on the Site through any technology or means other than those provided or authorised by us; bypassing the measures we may use to prevent or restrict access to our Services, including without limitation removing, circumventing, disabling or otherwise interfering with security- related features or features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or the content therein; or deleting our copyright or other proprietary rights notices.
Abuse Of OthersBe defamatory, abusive, extortionist, trade libelous, unlawfully threatening or harassing or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others; interfere with another individual’s or entity’s access to or use of the Site or any of our Services; incite, threaten, facilitate, promote, or encourage hate, racial intolerance, or violent acts against others; harvest or otherwise collect information from the Site about others, including without limitation email addresses, without proper consent.
Intellectual Property InfringementEngage in transactions which violate, infringe or misappropriate any intellectual or industrial property right of any person (such as copyright, trademarks, patents, or trade secrets, or other proprietary rights of any party), right of publicity or privacy or commit a tort; use of our intellectual property, name, or logo, including use of the Librty trade or service marks, without express consent from us or in a manner that otherwise harms us or our brand; create a false identity for the purpose of misleading others or fraudulently or otherwise misrepresent yourself to be another person or a representative of another entity including, but not limited to, an authorised user of the Site or our representative, or fraudulently or otherwise misrepresent that you have an affiliation with a person, entity or group.We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process, or governmental request. We reserve the right to cancel and/or suspend your Account and/or block transactions or freeze funds immediately and without notice if we determine, in our sole discretion, that your Account is associated with a Prohibited Activity.Our Services are not available in every jurisdiction and we reserve the right to select the markets and jurisdictions where we provide Services. Persons and entities in jurisdictions where we do not provide Services are prohibited from using or accessing the Site and any of our Services.
Our Proprietary RightsExcept for your User Content, the Site and all materials therein or transferred thereby, including, without limitation, software, technology, code, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Our Content”), and all Intellectual Property Rights (defined below) related thereto, are our exclusive property and our licensors (including other Users who post User Content to the Site). Except as explicitly provided herein or in any applicable additional terms and conditions, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, modify, reverse engineer, license, rent, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any of Our Content, absent specific consent in writing from us. Use of Our Content for any purpose not expressly permitted by this Agreement is strictly prohibited.For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.You may choose to or we may invite you to submit comments or ideas about our Services, including without limitation about how to improve our Services or our products (“Ideas”). By submitting any Ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the Ideas without any additional compensation to you, and/or to disclose the Ideas on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, we do not waive any rights to use similar or related ideas previously known to us, or developed by any of the Parties, or obtained from sources other than you.Notwithstanding the foregoing, HTML logos provided by us through our affiliate program (the “Logos”), may be used solely for the purpose of directing web traffic to the Site and/or to our Services. These Logos may not be altered, modified, or changed in any way, or used in a manner that defames or is otherwise harmful to us or our Services. Logos may also not be displayed in any manner that implies any sponsorship or endorsement by us. If we decide to terminate the affiliate program in our sole discretion, the use of the Logos as set forth in this Section shall also terminate.
Privacy and Security
- your disclosure to us of any personal data relating to individuals other than yourself was or will be made in accordance with all applicable data protection and data privacy laws, and such data is accurate, up to date and relevant when disclosed;
SecurityWe care about the integrity and security of your personal information and we take a number of security measures including storing all Users’ personal information in an encrypted fashion. However, we cannot guarantee that unauthorised third parties will not defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information to us at your own risk.We are not responsible or liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack from using the Site. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us. Our customer support will never seek to access your computer or ask for your password or your two factor authentication codes. Always log into your Account through the official Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication.
Closing, Suspension, Termination and Remedies
Closing Your Account and Forfeiture for Non-ActivityYou may close your Account at any time in accordance with our policies and procedures by withdrawing all balances. Upon closure of your Account, you authorise us to cancel or suspend any pending transactions at the time of cancellation and any balance in your Account will be delivered to you or to your virtual currency address as instructed less any outstanding amounts owed to us, the unsubsidised coin/miner network transaction fee and any other third party charges. In the event your Account is closed, whether by you or us, any virtual currency or funds in your Account must be claimed and removed by you within 30 days of your Account’s closure date. If you fail to claim and remove virtual currency or funds in your Account within 30 days of your Account’s closure date, a recovery and return fee equal to 8% of all the virtual currency and funds in your Account will be charged by us, if the virtual currency can be recovered and returned at all, and we reserve the right in our sole discretion to not attempt to recover and return to you small amounts.You may not use closure of your Account as a means of evading investigation or inquiries by us. If any queries or investigation is pending at the time you request closure of your Account, we may refuse your request to close your Account and/or hold your virtual currency and/or funds as appropriate to protect us against financial and/or legal liability. If you are later determined to be entitled to some or all of the virtual currency and/or funds in dispute, we will pay such virtual currency and/or funds to you. You will remain responsible and liable for all obligations related to your Account even after such Account is closed.If you do not access your Account for a period of two years and we have been unable to contact you after three attempts at the last contact address we have for you in our records, your Account may be terminated at our election and in our sole discretion. On the date of termination of your Account, your virtual currency and funds will be subject to applicable laws regarding escheat of unclaimed property and you hereby irrevocably designate and appoint Librty or its designee and their respective duly authorised officers and agents as your agent and attorney-in-fact to act for and in on your behalf and stead to execute and file any such instruments and papers and to do all other lawfully permitted acts to, at our sole election, donate the virtual currency and/or funds in your Account to a charity of our choice or transfer the virtual currency and funds to our account, with no liability or responsibility to you or to your successors, assigns, heirs, executors, administrators and legal representatives. This power of attorney is coupled with an interest and shall not be affected by your subsequent incapacity.
Suspension, Termination; other Remedies, etcWithout limiting any other remedies we may have under applicable law, we may, without liability: (a) refuse to complete or block, cancel or reverse a Virtual Currency Transaction you have authorised, including, without limitation, block funding to or withdrawals from your Account; (b) suspend, restrict, or terminate your access to your Account and to any or all of our Services (including, but not limited to, the ability to send funds or make withdrawals from your account and/or limit withdrawals); (c) place a hold on or freeze any virtual currency and/or funds in your Account for any period of time we deem appropriate; (d) issue statements or warnings to the public or other Users; (e) contact law enforcement or other relevant authorities and/or disclose information about you and/or your Account and your Account transactions to law enforcement or other relevant authorities; (f) suspend, deactivate or close your Account with immediate effect for any reason; and/or (g) refuse to provide our Services to you, including but not limited to, where:
- You are in breach of this Agreement or we have concerns or reasonably suspect you are acting in breach of this Agreement.
- We reasonably suspect you of using the Site or our Services in connection with a Prohibited Activity.
- You are in breach of applicable law, we have concerns or reasonably suspect you are in breach of applicable law or we are, in our reasonable opinion, required to do so by applicable law or any court or other authority to which we are subject in any jurisdiction.
- We have concerns about the security of your Account, that a transaction is erroneous or we suspect your Account or our Services is being used in a fraudulent, illegal, suspicious or unauthorised manner including, without limitation, for transactions with high volumes.
- We suspect money laundering, terrorist financing, fraud, or any other financial crime.
- Use of your Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity or you are subject to a court order.
- You have failed to pay our fees or there is insufficient virtual currency or funds in your Account to cover the transaction and (where applicable) associated fees at the time that we receive notification of the transaction.
- You fail to provide us with information we request on a timely basis and/or we have concerns about the information collected about you.
- Our service partners are unable to support your use of our Services.
- You take any action that may circumvent the security of the Site or our controls such as opening multiple Accounts or consummating transactions for the benefit of a third party.