Effective date: October 22, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE PLATFORM, DEFINED BELOW, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS, POLICIES AND AGREEMENTS INCORPORATED BY REFERENCE.
This is a contract between you and Delion Exchange Service. References in these Terms to “DelionDex”, “we”, “our” or “us”, are to Delion Exchange Service and references to “you”, “your” or “user” are to the person with whom DelionDex enters into these Terms.
YOU SHOULD BE AWARE THAT THE RISK OF LOSS IN TRADING OR HOLDING CRYPTO CURRENCIES, TOKENS OR ANY CRYPTO ASSETS CAN BE SUBSTANTIAL. OUR SERVICES ARE NOT CURRENTLY REGULATED BY ANY SECURITIES REGULATOR OR FINANCIAL CONDUCT AUTHORITY OR ANY OTHER GOVERNMENTAL REGULATOR. WE DO NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY ORDER OR REQUEST YOU MAKE OR PROPOSE TO MAKE VIA THE PLATFORM AND OWE YOU NO FIDUCIARY DUTY. YOU SHOULD THEREFORE CAREFULLY CONSIDER WHETHER TRADING OR HOLDING VIRTUAL CURRENCIES OR ASSETS ARE SUITABLE FOR YOU IN LIGHT OF YOUR FINANCIAL CIRCUMSTANCES.
The Platform, its usage and Gateway Services (as defined below) provided by us are intended solely for users who are 18 or older and who satisfy the criteria described in these Terms. You represent and warrant that you:
- are of legal age to form a binding contract
- have not previously been suspended or removed from using the Platform, or the BitShares Blockchain (as defined below);
- are not identified as an individual who is restricted or barred from conducting banking or financial transactions, in any jurisdiction or under any applicable laws;
- are not placed on any list of suspicious persons banned from traveling or conducting business or financial transactions in any jurisdiction; and
- have full power and authority to agree to these Terms.
2. Decentralized Platform
- DelionDex operates and provides to its users a decentralized platform (“Platform”) that allows users to gain access and interact with the BitShares Blockchain network (“BitShares Blockchain”) – a distributed decentralized electronic ledger that is maintained by the BitShares community. The Platform is one of the user interfaces that may be used to access the BitShares Blockchain. We are a separate entity from, not an affiliate of, and have no control or management over, the BitShares Blockchain.
- The Platform allows users to
- retrieve information for digital assets, which may from time to time be called digital tokens, digital coins, cryptocurrency, altcoins, digital assets, tokens and other blockchain-based assets (“Assets”) based on the BitShares Blockchain,
- to make bids or offers to buy or sell Assets (“Orders”) or create and discover intentions to exchange Assets,
- to transmit any other information to the BitShares Blockchain
- The exchange of involved Assets is not conducted by DelionDex but executed directly by on the BitShares Blockchain. By submitting Orders at the Platform, you grant to us the right to transmit the Orders to the Bitshares Blockchain that will be available to view to the other users of the Platform, other users of the BitShares Blockchain or any third parties. We do not hold or maintain any information regarding the identity of any provider or receiver of Orders, or the accuracy, timeliness, completeness, reliability, validity, legality, integrity, quality, usefulness or safety of Orders.
- DelionDex does not define, suggest and execute any control over price of Assets. You agree that any dispute that may arise concerning any of your Orders either executed or not shall be resolved with the corresponding third party who you transact with, and without involving DelionDex.
- You hereby acknowledge and agree that DelionDex is not responsible for ensuring that the other party with whom you transact is authorised to do the transaction or is capable of completing the transaction.
- DelionDex reserves the right to cancel or refuse to send any Order to the BitShares Blockchain due to requirements of any applicable laws or regulations, and without prior notice to you.
- You hereby acknowledge and agree that DelionDex has no liability any claims or damages that may arise as a result of any actions or transactions that you engage in while interact with the BitShares Blockchain by using the Platform. DelionDex shall not be liable for the acts or omissions of any third parties, nor will DelionDex be held liable for any damage that you may suffer as a result of interacting with any third parties on the BitShares Blockchain.
- The Platform may be accessed via mobile or desktop device-based applications (“Applications”) and website. The Platform is offered on a self-service basis in accordance with the terms and conditions of this Agreement. All users are responsible for ensuring that they are accessing the Platform via secure and trustworthy sources or devices.
3. BitShares Wallet
- In order to interact with the BitShares Blockchain via the Platform you need to have a wallet with the BitShares Blockchain (“BitShares Wallet”). The BitShares Wallet can be created either via BitShares directly or via any decentralized platform, including but not limited to, the Platform.
- DelionDex does not maintain BitShares Wallets and it does not act as a custodian of user’s Assets even if BitShares Wallet was created via the Platform. You hereby acknowledge and agree that DelionDex has no liability for or control over the safety, suitability, quality, delivery, legality or other aspects of any of your Assets.
- It is solely your responsibility to keep safe and guard your password, keystore .json file and/or private key related to your BitShares Wallet. DelionDex assume no responsibility or liability for lost or misplaced passwords, personal information, or private keys.
- In addition to the above, you must have the necessary equipment (an internet-connected computer) and the associated telecommunication service subscriptions to access the Internet. The Platform can be accessed directly using the dex.delion.online website. Access to the Platform may become degraded or unavailable during times of significant volatility or volume. This could result in the inability to buy or sell for periods of time and may also lead to technical support-related time delays. Although we strive to provide you with excellent service, we do not represent that the Platform or functionality of the BitShares Blockchain will be available without interruption and we do not guarantee that any Order will be executed, accepted, recorded, or remain open. DelionDex shall not be liable for any losses resulting from or arising out of transaction delays.
4. Gateways to BitShares Blockchain
- Due to its technical nature the BitShares Blockchain supports only assets based on the BitShares Blockchain and does not support directly any cryptocurrencies, coins or tokens issued on the other distributed decentralized electronic ledgers (blockchains) (“Non-BitShares Assets”).
- DelionDex provides a means of depositing and withdrawing Non-BitShares Assets upon request of the user, provided that DelionDex will not perform any exchange of Assets (“Gateway Services”). At present, and unless later presented, Gateway Services do not include the exchange of fiat currencies into crypto assets or vice versa.
- In order to process your deposit or withdrawal request (“Request”) you need to transfer the requested amount of Assets to our wallet. You will be notified of the address of our wallet prior submitting your Request or sending Assets to our wallet address. You agree that upon your deposit request DelionDex shall transfer you BitShares Blockchain-based asset issued by DelionDex, the original Asset will be transferred to you upon your withdrawal request.
- To process any Request we will transfer to your wallet (either the BitShares Wallet or within other distributed decentralized electronic ledger) the requested amount of Assets (for withdrawal) or equivalent BitShares Blockchain-based assets (for deposit) upon confirmation of successful transfer of the corresponding assets to our wallet. Upon deposit or withdrawal is initiated it cannot be reversed or cancelled.
- You hereby acknowledge and agree that you are not entitled to any airdrops or any other promo campaigns that are offered to holders of any particular Asset until you withdraw the relevant Assets to your wallet. An airdrop is a procedure of distributing new Assets by awarding them in a certain proportion to existing holders of a particular blockchain Assets.
- You hereby acknowledge and agree that DelionDex may set the minimum limit of Assets to be deposited or withdrawn and will notify you regarding limits prior submitting the Request. You hereby acknowledge and agree that in case of non-compliance with minimum limits rule you may lose Assets sent to DelionDex’s wallet which fail to meet the minimum limit.
- You hereby acknowledge and agree that DelionDex may set maximum limit of Assets to be deposited
5. Fees and Taxes
- In consideration for access to the Platform and related services, BitShares, Assets’ issuers and / or DelionDex may take fees that are based on your Orders and transactions, including transaction fee, market fee or withdrawal fee. The amounts of fees and their description are provided on the Platform and/or within the user interface of the Platform. Fees are are subject to revision by BitShares, Assets’ issuers and / or DelionDex with or without prior notification.
- You hereby agree to pay all the applicable fees and any other amounts incurred by you or on your behalf through the Platform, in the amounts that are in effect when such fees are incurred.
- You are responsible for checking the fee schedule regularly and in each instance before creation any Order, Request or making any interaction with the BitShares Blockchain that may incur a fee.
- It is your responsibility to determine whether, and to what extent, any taxes apply to any operations or Orders you conduct through the Platform, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available on the BitShares Blockchain, and may be examined via any decentralized platform, or via the Platform. We do not undertake any responsibility to store or archive any blockchain based transaction information, nor does the Platform have any such storage or archival capability.
6. Risks Disclosure. Assumptions of Risks.
THIS SECTION CONTAINS INFORMATION REGARDING SIGNIFICANT RISKS OF HOLDING AND PURCHASING CRYPTO CURRENCIES, TOKENS OR ANY CRYPTO ASSETS. PLEASE READ THIS SECTION CAREFULLY.
- You hereby represent and warrant that any Asset you own, hold, operate or interact anyhow were received by in accordance with applicable law and you did not conduct any violation of any law or crime regarding obtaining or selling any Asset through the Platform.
- Holding and purchasing Assets, creating Orders and use of the Platform, involves significant risks and potential for financial losses, including without limitation the following:
- The features, functions, characteristics, operation, use and other properties of any Assets (“Asset Properties”) and the software, networks, protocols, systems, and other technology (including, if applicable, any distributed ledger (blockchain)) (“Underlying Technology”) used to administer, create, issue, transfer, cancel, use or transact in Assets may be complex, technical or difficult to understand or evaluate.
- Any Asset and its Underlying Technology may be vulnerable to attacks on the security, integrity or operation of the Asset or its Underlying Technology (“Attacks”), including Attacks using computing power sufficient to overwhelm the normal operation of a decentralized distributed ledger (blockchain) or other Underlying Technology.
- Any Asset, Asset Properties or Underlying Technology may change or otherwise cease to operate as expected due to a change made to the Underlying Technology, a change made using features or functions built into the Underlying Technology or a change resulting from an Attack. These changes may include, without limitation, a “fork” or “rollback” of the Asset or blockchain.
- Any Asset may be cancelled, lost or double spent, or otherwise lose all or most of their value, due to forks, rollbacks, Attacks, changes to Asset Properties or failure of the Asset to operate as intended.
- Any Asset may decrease in value or lose all of its value due to various factors including discovery of wrongful conduct, market manipulation, changes to Asset Properties or perceived value of Asset Properties, Attacks, suspension or cessation of support for a Asset by exchanges, decentralized platforms or service providers, and other factors outside our control.
- Any Asset may decrease in value or lose all of its value due to legislative or regulatory activity, or other government action. Government regulation of Assets is unsettled and rapidly evolving.
- Any Asset may be lost if sent to the wrong address (for example but without limitation, if the address is improperly formatted, contains errors, or is intended to be used for a different type of Asset).
- Any transaction by you and your account involving an Asset may be viewable on a public blockchain ledger, including by regulatory authorities.
- DelionDex makes no representation whatsoever that any of the Assets that may be found or are accessible through the Platform, are safe, suitable, true to any representations made by the Asset sponsor, verified or verifiable, or of any value or quality or legality.
- DelionDex undertakes no responsibility for conducting any due diligence or screening process with regard to any Asset that is accessible or discoverable through the Platform.
- DelionDex may at any time be required by governmental authorities to freeze accounts or provide information about users.
- DelionDex may at any time, with or without prior notice to users, remove any Asset from display or accessibility through its Platform for any business or regulatory reason that it may deem appropriate. In the event that any Asset held by you is either not available or was previously available and later becomes inaccessible through the Platform, it shall be your responsibility as a user to find alternate means of accessing, trading, exchanging or managing that Asset.
- DelionDex may suspend or reject any of your Orders or Requests as it may consider necessary in order to comply with applicable laws or regulations or an order from law enforcement or other governmental authority, for other reasons as specified in these Terms or otherwise at our discretion.
- The risks described in this Section 6 may result in loss of Assets, decrease in or loss of all value or exchangeability of Assets, inability to access or transfer Assets, inability to exchange Assets, inability to receive financial benefits available to other Assets holders, and other financial losses to you. You hereby assume and agree that DelionDex will have no responsibility or liability for, such risks. You hereby irrevocably waive, release and discharge any and all claims, whether known or unknown to you, against DelionDex, its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to any of the risks set forth herein.
- You represent and warrant that you have:
- the necessary technical expertise and ability to review and evaluate the security, integrity and operation of any Assets that you decide to acquire; and
- the knowledge, experience, understanding, professional advice and information to make your own evaluation of the merits and risks of any Assets. You accept the risk of exchanging Assets by setting Orders via the Platform or via any other decentralized platform and are solely responsible for conducting your own independent analysis of the risks specific to the Asset, the Platform or the BitShares Blockchain. You acknowledge that in exchanging any Asset, that you are not relying in any manner on DelionDex or its affiliates in making such exchange, and the fact that any particular Asset is accessible or discoverable through the Platform in no way constitutes any endorsement or indication that the Asset has undergone any form of due diligence review or qualification, and in no way indicates any party’s opinion that the Asset is safe, suitable, true to any third party representations made, verified or verifiable, or of any value or quality or legality. You should not acquire or trade any Assets unless you have sufficient financial resources and can afford to lose all value of the Assets.
- Whether any information from BitShares Blockchain or any Asset is accessible or discoverable via the Platform does not indicate our approval or disapproval of the Asset or the integrity, security or operation of the Asset or its Underlying Technology.
- DelionDex does not provide any advice, does not have any fiduciary duty to you or any other user and does not make any warranty about the suitability of any Assets for ownership by you.
- You acknowledge and agree that the Platform serves only as a user interface utility, and that all the information displayed via the Platform is retrieved directly from the BitShares Blockchain and is not collected, compiled or in any manner modified or processed by DelionDex’s user interface utility. You acknowledge and agree that all the Assets price charts displayed via the platform is based on the data from the BitShares Blockchain and are generated and updated by the third party vendor TradingView Inc., USA.
- DelionDex cannot and does not represent or guarantee that any of the information available through the Platform including but not limited to, the charts, diagrams, graphs, is accurate, reliable, current, complete, valid, stable or appropriate for your needs. DelionDex does not guarantee timeliness of the technology or information involved in the Platform. DelionDex disclaims any liability for any loss or damage should you use or view information available through the Platform.
- While using the Platform, you may be exposed to promotional materials that offer or present services of third parties. DelionDex does not endorse any third-party websites or services. DelionDex is not responsible or liable for any loss or damage should you use or view the third party’s service, and have no control over such services. It is your sole responsibility to understand fully the services and products being offered by such third party and the terms and conditions governing their services and products before transacting with such third parties.
- You understand and agree that DelionDex does not guarantee uninterrupted, secure access to any parts of the Platform, and the operation of the Platform may be disturbed by numerous factors beyond DelionDex’s control. DelionDex bears no responsibility under any circumstances for any problem that may be caused by using the Bitshares Blockchain. We do not make any guarantees regarding the time needed for execution of Orders by the BitShares Blockchain since it is dependent on many external factors, such as the time it takes for block confirmation on the BitShares Blockchain.
- You acknowledge and agree that once Order is initiated by you that results in a transfer to the BitShares Blockchain, it will not be possible nor shall it be DelionDex’s responsibility or within our control to halt any Order or Request even when you subsequently discover for instance, that the Order or Request has been made to an incorrect wallet address. It is your responsibility to check all Order or Request details prior to proceeding with any buy or sell transactions.
- WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL USE, OR DATA), EVEN IF A PARTY HAS BEEN ON NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE PLATFORM, INCLUDING AS A RESULT OF ANY (I) DENIAL OF ACCESS TO OR SUSPENSION OF ANY BITSHARES WALLET PURSUANT TO THESE TERMS AND CONDITIONS, (II) OUR DISCONTINUATION OF ANY OR ALL PARTS OF THE PLATFORM OR GATEWAY SERVICES, OR, (III) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE PLATFORM FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS MADE BY YOU OR YOUR USE OF OR ACCESS TO THE PLATFORM OR THE BITSHARES BLOCKCHAIN; OR (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF BITSHARES WALLET OR OTHER DATA.
- YOU ACCEPT RESPONSIBILITIES OF ALL ACTIVITIES AND CONTENTS GENERATED BY YOU ON THE PLATFORM. YOU FURTHER ACKNOWLEDGE THAT DELIONDEX DOES NOT ACT AS YOUR BROKER-DEALER, INTERMEDIARY, AGENT OR ADVISOR WITH RESPECT TO ANY ORDER OR REQUEST YOU MAKE OR PROPOSE TO MAKE VIA THE PLATFORM AND OWES YOU NO FIDUCIARY DUTY. ANY COMMUNICATION BY DELIONDEX TO YOU SHALL NOT BE CONSTRUED UNDER ANY CIRCUMSTANCES AS LEGAL, TAX, ACCOUNTING OR FINANCIAL ADVICE. ANY USE OR ACCESS TO THE PLATFORM SHALL NOT BE CONSTRUED AS THE FACILITATION OF ANY SALE OR EXCHANGE OF SECURITIES AS AN EXCHANGE.
- DELIONDEX IS NOT AND SHALL NOT BE CONSIDERED AS REGULATED AND REGISTERED SECURITIES EXCHANGE AND IS NOT SUBJECT TO THE SAME KIND OF REQUIREMENTS AS NATIONAL SECURITIES EXCHANGES OR ALTERNATIVE TRADING SYSTEMS.
8. Ownership and Intellectual Property Rights
- The Platform, including any enhancements, derivatives and improvements thereof, desktop and mobile applications in order to access the Platform are the sole property of DelionDex. All the text, images, sounds, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information), and other content that forms a part of the Platform (collectively, the “Content”) are the sole property of DelionDex and its affiliates.
- Nothing in these Terms shall grant you any of such property rights and/or ownership rights and shall not be as an assignment of such rights. Other than access to our services in accordance with the Terms, we do not in any way grant our users any license or other intellectual property rights. You shall not (nor attempt to) copy, decompile, reverse engineer, disassemble, derive the source code of, modify, or create derivative works of the underlying platforms of the Platform or any other part of the Content or in any other way manipulate the Platform.
9. Notices and Communications.
- Support Hotline. If you have feedback, or general questions, contact us via our support webpage at https://help.delion.online/. When you contact us please provide us with your name, address, and any other information we may need to identify you, your BitShares Blockchain wallet name, and the transaction on which you have feedback or questions.
- Complaint Process. If you have a dispute with DelionDex (a “Complaint”), you agree to contact DelionDex through our support team to attempt to resolve any such dispute amicably. If we cannot resolve the dispute through the DelionDex support team, you and we agree to use the Complaint Process set forth below. You agree to use this process before filing any legal action. If you do not follow the procedures set out in this Section before filing a legal claim or suit, we shall have the right to ask the court to dismiss your filing unless and until you complete the following steps.
- Procedural Steps. In the event that your dispute with DelionDex is not resolved through your contact with DelionDex Support, you agree to file a Complaint by using our support form. When filing Complaint, you shall describe your Complaint, state how you would like us to resolve the Complaint, and any other information related to your dispute that you believe to be relevant.
- DelionDex Response. We will acknowledge receipt of your Complaint form after you submit it. A DelionDex customer relations agent (“Agent”) will review your Complaint. The Agent will evaluate your Complaint based on the information you have provided and information in the possession of DelionDex. Within 15 business days of our receipt of your Complaint form, the Agent will address the issues raised in your Complaint form by sending you an e-mail (“Resolution Notice”) in which the Agent will:
- offer to resolve your complaint in the way you requested;
- make a determination rejecting your Complaint and set out the reasons for the rejection; or
- offer to resolve your Complaint with an alternative solution. In exceptional circumstances, if the Agent is unable to respond to your Complaint within 15 business days for reasons beyond DelionDex’s control, the Agent will send you a communication indicating the reasons for any delay in answering your Complaint, and specifying the deadline by which the Agent will respond to your Complaint, which will be no later than 45 business days from our receipt of your Complaint.
- User Notices and Communications. We strongly encourage users of DelionDex to join our community group (discord and telegram) to receive notices, news and to communicate with us regarding the notifications.
- Limited License. This Agreement grants you a limited, nonexclusive, nontransferable license, subject to the terms and conditions of this Agreement, to access and use the DelionDex Platform, related services, and website(s), related content, materials, and information (collectively, the “Content”) solely for purposes approved by us from time to time. Any other use of the Platform or Content is expressly prohibited and all other right, title, and interest in the DelionDex Platform, website(s) or Content is exclusively the property of DelionDex and its affiliates and licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part without the prior written consent of DelionDex. “dex.delion.online” and all logos related to the DelionDex website(s) and services or displayed on those sites are either trademarks or registered marks of DelionDex or its licensors. You may not copy, imitate or use them without DelionDex’s prior written consent.
- Platform and Website Accuracy. Although we intend to provide accurate and timely information on the Platform and our website(s) (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the DelionDex Platform and website(s) are your sole responsibility and we shall have no liability for such decisions. Information provided by third parties, including historical price and supply data for Assets, is for informational purposes only and DelionDex makes no representations or warranties to its accuracy. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third-party sites accessible or linked to the DelionDex Platform and website(s).
- Promotions and Offers. From time to time, DelionDex may make available special offers or conduct promotions to certain customers. Subject to applicable laws, DelionDex or the issuer of Assets subject to an offer or promotion may establish qualifying criteria to participate in any special promotion its sole discretion. DelionDex may revoke any special offer at any time without notice. We shall have no obligation to make special offers available to all customers. We make no recommendation and do not provide any advice about the value or utility of any Asset subject to a promotion.
- Prohibited Use. In connection with your use of the DelionDex Services, and your interactions with other users, and third parties you agree and represent you will not engage in any of the prohibited uses or activities set forth herein, including under Section 11(a) 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, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Account(s) 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 uses or activities.
- Suspension, Termination, and Cancellation. DelionDex may: (a) suspend, restrict, or terminate your access to any or all of our services to you as a user if:
- We are so required by a facially valid subpoena, court order, or binding order of a government authority;
- We reasonably suspect you of using your BitShares Wallet(s) in connection with a prohibited use or activity;
- if there is any pending litigation, investigation, or government proceeding relating to your BitShares Wallet(s) and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your BitShares Wallet activity;
- if our service partners are unable to support your use;
- if you take any action that we consider to be circumventing our controls, including, but not limited to, opening multiple BitShares Wallets or abusing promotions which DelionDex may offer from time to time; or
- if you breach of term or condition of this Agreement
- Relationship of the Parties. DelionDex is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and DelionDex to be treated as partners, joint venturers, or otherwise as joint associates for profit, or either you or DelionDex to be treated as the agent of the other.
- Password Security; Contact Information. You are responsible for creating a strong password and maintaining adequate security and control of any and all passwords, keystore .json file and/or private key related to your BitShares Wallet or any other codes that you use to access your BitShares Wallet. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your BitShares Wallet(s) by third-parties and the loss or theft of any Assets accessible through your your BitShares Wallet(s). You should never allow remote access or share your computer screen with someone else when you are connected to your BitShares Wallet or using the Platform. DelionDex will never under any circumstances ask you for your passwords, bin files or private keys. We assume no responsibility for any loss that you may sustain due to compromise of BitShares Wallet(s) private keys or bin files due to no fault of DelionDex and/or failure to follow or act on any notices or alerts that we may send to you.
- No Investment Advice or Brokerage. For the avoidance of doubt, DelionDex does not provide investment, tax, or legal advice, nor does DelionDex broker trades on your behalf. All trades using our Platform are executed automatically, based on the parameters of your Order instructions and in accordance with the execution procedures the BitShares Blockchain. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your legal or tax professional regarding your specific situation. DelionDex may provide educational information about blockchain technologies and projects not supported by DelionDex, which may include blog posts, articles, links to third-party content, news feeds, tutorials, and videos. The information provided on our website(s) or any third-party sites does not constitute investment advice, financial advice, trading advice, or any other sort of advice, and you should not treat any of the website’s content as such. DelionDex does not recommend that any Assets should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Asset, you should conduct your own due diligence and consult your financial advisors before making any investment decision. DelionDex will not be held responsible for the decisions you make to buy, sell, or hold.
11. General Terms
- You shall not violate
- any law, regulation, contract, intellectual property or other third-party right, or commit a tort while using the Platform,
- use the Platform to in any manner engage in any illegal gambling activities, fraud, money-laundering, or terrorist activities, or other activities that are illegal under applicable laws or regulations,
- introduce to the Platform any malware, virus, trojan worms, logic bombs, or other harmful material,
- develop any third-party applications that interact with the Platform without our prior written consent, or unless otherwise agreed,
- use the Platform in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Platform, or that could damage, disable, overburden, or impair the functioning of the Platform in any manner,
- encourage or induce any third party to engage in any of the activities prohibited under this Agreement.
- We shall not be 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. 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.
- The Platform is provided on an “as is” and on “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically we disclaim any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement. We do not make any representations or warranties that access to the Platform, possibility to create Orders or submit Requests, or any of the materials contained on the Platform, will be continuous, uninterrupted, timely, or error-free.
- You agree to defend, indemnify and hold DelionDex harmless as well as its affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to:
- your use and access to the Platform, submission of Requests, creation of Orders, including any data or content transmitted or received by you;
- your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
- your violation of any third-party right;
- your violation of any applicable law, rule or regulation;
- negligent or willful misconduct; or
- any other party’s access and use of other appropriate security code. The foregoing shall include the actions of any third party who wrongfully commit these actions under your account or utilizing your password and/or private keys.
- DelionDex may modify these Terms by providing notice of such changes, such as providing notice through the Platform, make announcement on our official social medias, or updating the “Last Updated” date at the bottom of these Terms. By continuing to access or use of the Platform, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Platform. 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 Platform.
- Section headings in these Terms are for convenience only, and shall not govern the meaning or interpretation of any provision of these Terms.
- These Terms are personal to you and you cannot transfer or assign your rights, licenses, interests and/or obligations to anyone else. We may transfer or assign our rights licenses, interests and / or our obligations at any time, including as part of a merger, acquisition or other corporate reorganization involving DelionDex.
- If any provision of these Terms is determined to be invalid or unenforceable under any applicable law, this will not affect the validity of any other provision.
- We may not always strictly enforce our rights under these Terms. If we do this, it will be just a temporary measure and we may enforce our rights strictly again at any time.
- These Terms and any information or notifications that you or we are to provide should be in English. Any translation of these Terms or other documents is provided for your convenience only. In the event of any inconsistency, the English language version of these Terms or other documents shall prevail.
- All provisions of these Terms which by their nature extend beyond the expiration or termination of these Terms, including, without limitation, the sections relating to suspension or termination, general use of the Platform, and general provisions, will continue to be binding and operate after the termination or expiration of these Terms.
These Terms were last modified on October 22, 2019.