Last updated: March 7th, 2015
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CLICKING THE "SIGN UP" BUTTON OR BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE AND ALL TERMS INCORPORATED BY REFERENCE.
This summary of our Terms of Service offers you an overview of the key terms that apply to your use of our website and trading services. While we hope this summary section is helpful, you should read the complete Terms of Service below since they provide important information about how our services work. Please note that we refer to our online service where you can execute trades as "DXMarkets".
DXMarkets provides you with a simple and convenient way to trade crypto-currencies such as Bitcoins or Litecoins. Our services provide users with the ability to trade one form of crypto-currency for another form of crypto-currency.
DXMarkets provides you with a platform that matches your orders with open orders from other users of our services. Users are not able to predetermine a trade with a particular user or with a particular account. Orders are matched on a first-come-first-served basis. Additionally, an order may be partially filled or may be filled by multiple matching orders.
You must meet certain eligibility criteria to use DXMarkets. For instance, you must be an adult and there are certain locations from which you may not be able to use some or all of DXMarkets. Additionally, there are certain things you cannot do when using DXMarkets, such as engage in illegal or malicious activities, lie, or do anything that would cause damage to our services or systems. Please see the acceptable use section for more details.
There are important legal terms provided below in the complete Terms of Service, including your indemnification responsibilities, our limitation of liability and warranty disclaimers, and your agreement to arbitrate most disputes. Please take the time to read these terms carefully.
These Terms of Service and any terms expressly incorporated herein ("Terms") apply to your access to and use of the websites and mobile applications provided by DXMarkets Ltd. and its wholly owned subsidiaries (collectively, "DXMarkets", "we", or "us"), and the trading and other services provided by DXMarkets as described in these Terms (collectively, our "Services").
This Section applies only when you use the Services to trade Digital Exchange Instrument for another form of Digital Exchange Instrument. DXMarkets does not purchase, sell, or exchange any Digital Exchange Instrument on its own behalf
a. You may sustain a total loss of the Funds in your DXMarkets Account, and, in some cases, you may incur losses beyond such Funds. If the market moves against your position, you may be called upon by us to provide a substantial amount of additional margin Funds, on short notice, in order to maintain your position. If you do not provide the required Funds within the time required by us, your position may be liquidated at a loss, and you will be liable for any resulting deficit in your DXMarkets Account.
b. Under certain market conditions, you may find it difficult or impossible to liquidate a position. This can occur, for example, when the market reaches a daily price fluctuation limit ("limit move"), if there is insufficient liquidity in the market.
ALL OF THE POINTS NOTED ABOVE APPLY TO ALL DIGITAL EXCHANGE INSTRUMENT PAIR TRADING. THIS BRIEF STATEMENT CANNOT, OF COURSE, DISCLOSE ALL THE RISKS AND OTHER ASPECTS ASSOCIATED WITH THESE TRADES.
This Section applies only when you use the Services to purchase or sell Digital Exchange Instrument directly from DXMarkets, a service available in limited jurisdictions only.
If for any reason DXMarkets is holding Funds in your DXMarkets Account on your behalf, and DXMarkets is unable to return your Funds to your designated External Account after a period of inactivity, then DXMarkets may report and remit such Funds in accordance with applicable state unclaimed property laws.
When accessing or using the Services, you agree that you will not violate any law, contract, intellectual property or other third-party right or commit a tort, and that you are solely responsible for your conduct while using our Services. Without limiting the generality of the foregoing, you agree that you will not:
We will own exclusive rights, including all intellectual property rights, to any feedback, suggestions, ideas or other information or materials regarding DXMarkets or our Services that you provide, whether by email, posting through our Services or otherwise ("Feedback"). Any Feedback you submit is non-confidential and shall become the sole property of DXMarkets. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes. We also have the right to disclose your identity to any third party who is claiming that any content posted by you constitutes a violation of their intellectual property rights, or of their right to privacy. We have the right to remove any posting you make on our website if, in our opinion, your post does not comply with the content standards set out in this section.
Unless otherwise indicated by us, all copyright and other intellectual property rights in all content and other materials contained on our website or provided in connection with the Services, including, without limitation, or DXMarkets logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "DXMarkets Materials") are the proprietary property of DXMarkets or our licensors or suppliers and are protected by Singapore and international copyright laws and other intellectual property rights laws.
We hereby grant you a limited, nonexclusive and non-sublicensable licence to access and use the DXMarkets Materials for your personal or internal business use. Such licence is subject to these Terms and does not permit (a) any resale of the DXMarkets Materials; (b) the distribution, public performance or public display of any DXMarkets Materials; (c) modifying or otherwise making any derivative uses of the DXMarkets Materials, or any portion thereof; or (d) any use of the DXMarkets Materials other than for their intended purposes. The licence granted under this Section will automatically terminate if we suspend or terminate your access to the Services.
"DXMarkets", the DXMarkets logo, and any other DXMarkets product or service names, logos or slogans that may appear on our Services are trademarks of DXMarkets, in Singapore and in other countries, and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any trademark, product or service name of DXMarkets without our prior written permission, including without limitation any metatags or other "hidden text" utilizing any trademark, product or service name of DXMarkets. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DXMarkets and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned through our Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
In using our Services, you may view content provided by third parties, including links to web pages of such parties, including but not limited to Facebook and Twitter links ("Third-Party Content"). We do not control, endorse or adopt any Third-Party Content and shall have no responsibility for Third-Party Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
In the event of any Force Majeure Event (as defined in Section 23.5), breach of this agreement, or any other event that would make provision of the Services commercially unreasonable for DXMarkets, we may, in our discretion and without liability to you, with or without prior notice, suspend your access to all or a portion of our Services. We may terminate your access to the Services in our sole discretion, immediately and without prior notice, and delete or deactivate your DXMarkets Account and all related information and files in such account without liability to you, including, for instance, in the event that you breach any term of these Terms. In the event of termination, DXMarkets will attempt to return any Funds stored in your DXMarkets Account not otherwise owed to DXMarkets, unless DXMarkets believes you have committed fraud, negligence or other misconduct.
We may, in our sole discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, any portion of our Services.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY US, OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO OUR SERVICES, INCLUDING THE INFORMATION, CONTENT AND MATERIALS CONTAINED THEREIN.
YOU ACKNOWLEDGE THAT INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS INCLUDING THIRD PARTY DDOS ATTACKS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations of this section may not apply to you.
You agree to defend, indemnify and hold harmless DXMarkets (and each of our officers, directors, members, employees, agents and affiliates) from any claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, our Services; (b) any Feedback you provide; (c) your violation of these Terms; or (d) your violation of any rights of any other person or entity. If you are obligated to indemnify us, we will have the right, in our sole discretion, to control any action or proceeding (at our expense) and determine whether we wish to settle it.