Terms of Service

                    LUXOTC Terms of Use
Last revised: 20 April, 2020

These LUXOTC Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and LUXOTC operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any LUXOTC Services (as defined below) provided by LUXOTC (as defined below), you agree that you have read, understood and accepted all of the terms and conditions stipulated in these Terms of Use (hereinafter referred to as “these Terms”) as well as our Privacy Policy at   https://www.LUXOTC.com. In addition, when using some features of the Services, you may be subject to specific additional terms and conditions applicable to those features.

Please read the terms carefully as they govern your use of LUXOTC Services. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. The terms of the arbitration provision are set forth in Article 10, “Resolving Disputes: Forum, Arbitration, Class Action Waiver”, hereunder. As with any asset, the values of Digital Currencies (as defined below) may fluctuate significantly and there is a substantial risk of economic losses when purchasing, selling, holding or investing in Digital Currencies and their derivatives.BY MAKING USE OF LUXOTC SERVICES, YOU ACKNOWLEDGE AND AGREE THAT: (1) YOU ARE AWARE OF THE RISKS ASSOCIATED WITH TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; (2) YOU SHALL ASSUME ALL RISKS RELATED TO THE USE OF LUXOTC SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) LUXOTC SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.

By accessing, using or attempting to use LUXOTC Services in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access LUXOTC or utilize LUXOTC services.

                    I. Definitions
1. LUXOTC refers to an ecosystem comprising LUXOTC websites (whose domain names include but are not limited to  https://www.LUXOTC.com), mobile applications, clients, applets and other applications that are developed to offer LUXOTC Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. LUXOTC’s Open Platform, LUXOTC Launchpad, LUXOTC Labs, LUXOTC Charity, LUXOTC DEX, LUXOTC X, JEX, Trust Wallet, and fiat gateways). In case of any inconsistency between relevant terms of use of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.

2. LUXOTC Operators refer to all parties that run LUXOTC, including but not limited to legal persons, unincorporated organizations and teams that provide LUXOTC Services and are responsible for such services. For convenience, unless otherwise stated, references to “LUXOTC” and “we” in these Terms specifically mean LUXOTC Operators. UNDER THESE TERMS, LUXOTC OPERATORS MAY CHANGE AS LUXOTC’S BUSINESS ADJUSTS, IN WHICH CASE, THE CHANGED OPERATORS SHALL PERFORM THEIR OBLIGATIONS UNDER THESE TERMS WITH YOU AND PROVIDE SERVICES TO YOU, AND SUCH CHANGE DOES NOT AFFECT YOUR RIGHTS AND INTERESTS UNDER THESE TERMS. ADDITIONALLY, THE SCOPE OF LUXOTC OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW LUXOTC SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE LUXOTC SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED LUXOTC OPERATORS. IN CASE OF A DISPUTE, YOU SHALL DETERMINE THE ENTITIES BY WHICH THESE TERMS ARE PERFORMED WITH YOU AND THE COUNTERPARTIES OF THE DISPUTE, DEPENDING ON THE SPECIFIC SERVICES YOU USE AND THE PARTICULAR ACTIONS THAT AFFECT YOUR RIGHTS OR INTERESTS.

3. LUXOTC Services refer to various services provided to you by LUXOTC that are based on Internet and/or blockchain technologies and offered via LUXOTC websites, mobile applications, clients and other forms (including new ones enabled by future technological development). LUXOTC Services include but are not limited to such LUXOTC ecosystem components as Digital Asset Trading Platforms, the financing sector, LUXOTC Labs, LUXOTC Academy, LUXOTC Charity, LUXOTC Info, LUXOTC Launchpad, LUXOTC Research, LUXOTC Chain, LUXOTC X, LUXOTC Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by LUXOTC.

4. LUXOTC Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by LUXOTC, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.

5. Users refer to all individuals, institutions or organizations that access, download or use LUXOTC or LUXOTC Services and who meet the criteria and conditions stipulated by LUXOTC. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.

6. Digital Currencies refer to encrypted or digital tokens or cryptocurrencies with a certain value that are based on blockchain and cryptography technologies and are issued and managed in a decentralized form.

7. Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.

8. LUXOTC Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by LUXOTC for Users to record on LUXOTC their usage of LUXOTC Services, transactions, asset changes and basic information. LUXOTC Accounts serve as the basis for Users to enjoy and exercise their rights on LUXOTC.

9. Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.

10. Fiat Trading refers to spot transactions in which Digital Currencies are exchanged for fiat currencies or vice versa.

                    II. General Provisions
                    1. About These Terms
                    a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and LUXOTC Operators.

                    b. Supplementary Terms
Due to the rapid development of Digital Currencies and LUXOTC, these Terms between you and LUXOTC Operators do not enumerate or cover all rights and obligations of each party, and do not guarantee full alignment with needs arising from future development. Therefore, THE PRIVACY POLICY (https://www.LUXOTC.com), LUXOTC PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND LUXOTC ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF LUXOTC SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.

                    c. Changes to These Terms
LUXOTC reserves the right to change or modify these Terms in its discretion at any time. LUXOTC will notify such changes by updating the terms on its website (https://www.LUXOTC.com) and modifying the [Last revised] date displayed on this page. ANY AND ALL MODIFICATIONS OR CHANGES TO THESE TERMS WILL BECOME EFFECTIVE UPON PUBLICATION ON THE WEBSITE OR RELEASE TO USERS. THEREFORE, YOUR CONTINUED USE OF LUXOTC SERVICES IS DEEMED YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT AND RULES. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS, YOU MUST STOP USING LUXOTC SERVICES IMMEDIATELY. YOU ARE RECOMMENDED TO FREQUENTLY REVIEW THESE TERMS TO ENSURE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS THAT APPLY TO YOUR ACCESS TO AND USE OF LUXOTC SERVICES.

                    d. Prohibition of Use
BY ACCESSING AND USING LUXOTC SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE NOT BEEN INCLUDED IN ANY TRADE EMBARGOES OR ECONOMIC SANCTIONS LIST (SUCH AS THE UNITED NATIONS SECURITY COUNCIL SANCTIONS LIST), THE LIST OF SPECIALLY DESIGNATED NATIONALS MAINTAINED BY OFAC (THE OFFICE OF FOREIGN ASSETS CONTROL OF THE U.S. DEPARTMENT OF THE TREASURY), OR THE DENIED PERSONS OR ENTITY LIST OF THE U.S. DEPARTMENT OF COMMERCE. LUXOTC RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF LUXOTC SERVICES IN CERTAIN COUNTRIES OR REGIONS.

                    2. About LUXOTC
As an important part of the LUXOTC Ecosystem, LUXOTC mainly serves as a global online platform for Digital Assets trading, and provides Users with a trading platform, financing services, technical services and other Digital Assets-related services. As further detailed in Article 3 below, Users must register and open an account with LUXOTC, and deposit Digital Assets into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets.
Although LUXOTC has been committed to maintaining the accuracy of the information provided through LUXOTC Services, LUXOTC cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall LUXOTC be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about LUXOTC Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. LUXOTC does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on LUXOTC or any other communication medium. All Users of LUXOTC Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.

                    3. LUXOTC Account Registration and Requirements
                    a. Registration
All Users must apply for a LUXOTC Account at ((https://www.LUXOTC.com) before using LUXOTC Services. When you register a LUXOTC Account, you must provide your real name, email address and password, and accept these Terms, the Privacy Policy, and other LUXOTC Platform Rules. LUXOTC may refuse, in its discretion, to open a LUXOTC Account for you. You agree to provide complete and accurate information when opening a LUXOTC Account, and agree to timely update any information you provide to LUXOTC to maintain the integrity and accuracy of the information. Only one User can be registered at a time, but each individual User (including any User that is a business or legal entity) may maintain only one main account at any given time. Institutional Users (including Users that are businesses and other legal entities) can open one or more subaccounts under the main account with the consent of LUXOTC. For certain LUXOTC Services, you may be required to set up a special account independent from your LUXOTC Account, based on the provisions of these Terms or the Supplementary Terms. The registration, use, protection and management of such trading accounts are equally governed by the provisions of this article and article 6, unless otherwise stated in these Terms or the Supplementary Terms.

                    b. Eligibility
By registering to use a LUXOTC Account, you represent and warrant that (i) as an individual, you are at least 18 or are of legal age to form a binding contract under applicable laws; (ii) as an individual, legal person, or other organization, you have full legal capacity and sufficient authorizations to enter into these Terms; (iii) you have not been previously suspended or removed from using LUXOTC Services; (iv) you do not currently have a LUXOTC Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use LUXOTC Services for U.S. Users. If you act as an employee or agent of a legal entity, and enter into these Terms on their behalf, you represent and warrant that you have all the necessary rights and authorizations to bind such legal entity; (vi) your use of LUXOTC Services will not violate any and all laws and regulations applicable to you, including but not limited to regulations on anti-money laundering, anti-corruption, and counter-terrorist financing.

                    c. User Identity Verification
Your registration of an account with LUXOTC will be deemed your agreement to provide required personal information for identity verification. Such information will be used to verify Users’ identity, identify traces of money laundering, terrorist financing, fraud and other financial crimes through LUXOTC, or for other lawful purposes stated by LUXOTC. We will collect, use and share such information in accordance with our Privacy Policy. In addition to providing such information, you agree to allow us to keep a record of that information during the period for which your account is active and within five (5) years after your account is closed, in compliance with global industry standards on data storage. You also authorize us to conduct necessary investigations directly or through a third party to verify your identity or protect you and/or us from financial crimes, such as fraud. The information we require to verify your identity may include, but is not limited to, your name, email address, contact information, phone number, username, government-issued ID, date of birth, and other information collected during account registration. When providing the required information, you confirm it is true and accurate. AFTER REGISTRATION, YOU MUST ENSURE THAT THE INFORMATION IS TRUE, COMPLETE, AND TIMELY UPDATED WHEN CHANGED. IF THERE ARE ANY GROUNDS FOR BELIEVING THAT ANY OF THE INFORMATION YOU PROVIDED IS INCORRECT, FALSE, OUTDATED OR INCOMPLETE, LUXOTC RESERVES THE RIGHT TO SEND YOU A NOTICE TO DEMAND CORRECTION, DIRECTLY DELETE THE RELEVANT INFORMATION, AND, AS THE CASE MAY BE, TERMINATE ALL OR PART OF LUXOTC SERVICES WE PROVIDE FOR YOU. IF WE ARE UNABLE TO REACH YOU WITH THE CONTACT INFORMATION YOU PROVIDED, YOU SHALL BE FULLY LIABLE FOR ANY LOSS OR EXPENSE CAUSED TO LUXOTC DURING YOUR USE OF LUXOTC SERVICES. YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE THE OBLIGATION TO UPDATE ALL THE INFORMATION IF THERE IS ANY CHANGE.
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE LUXOTC TO CONDUCT INVESTIGATIONS THAT LUXOTC CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR LUXOTC FROM FRAUD OR OTHER FINANCIAL CRIMES, AND TO TAKE NECESSARY ACTIONS BASED ON THE RESULTS OF SUCH INVESTIGATIONS. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR PERSONAL INFORMATION MAY BE DISCLOSED TO CREDIT BUREAUS AND AGENCIES FOR FRAUD PREVENTION OR FINANCIAL CRIME PREVENTION, WHICH MAY RESPOND TO OUR INVESTIGATIONS IN FULL.

                    d. Account Usage Requirements
The LUXOTC Account can only be used by the account registrant. LUXOTC reserves the right to suspend, freeze or cancel the use of LUXOTC Accounts by persons other than account registrant. If you suspect or become aware of any unauthorized use of your username and password, you should notify LUXOTC immediately. LUXOTC assumes no liability for any loss or damage arising from the use of LUXOTC Account by you or any third party with or without your authorization.

                    e. Account Security
LUXOTC has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for LUXOTC Services. However, the actions of individual Users may pose risks. You shall agree to treat your access credentials (such as username and password) as confidential information, and not to disclose such information to any third party. You also agree to be solely responsible for taking the necessary security measures to protect your LUXOTC Account and personal information.
You should be solely responsible for keeping safe of your LUXOTC Account and password, and be responsible for all the transactions under your LUXOTC Account. LUXOTC assumes no liability for any loss or consequences caused by authorized or unauthorized use of your account credentials, including but not limited to information disclosure, information release, consent or submission of various rules and agreements by clicking on the website, online agreement renewal, etc.
By creating a LUXOTC Account, you hereby agree that:
you will notify LUXOTC immediately if you are aware of any unauthorized use of your LUXOTC Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of LUXOTC regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from LUXOTC at the end of each visit.

                    f. Personal Data
Your personal data will be properly protected and kept confidential, but LUXOTC has the right to collect, process, use or disclose your personal data in accordance with the Terms (including the Privacy Policy) or applicable laws. Depending on the products or services concerned, your personal data may be disclosed to the following third parties:
your transaction counterparty;
LUXOTC Operators, and the shareholders, partners, investors, directors, supervisors, senior managers and employees of such entities;
our joint ventures, alliance partners and business partners;
our agents, contractors, suppliers, third-party service providers and professional advisers, including the parties who have been contracted to provide us with administrative, financial, research, operations, IT and other services, in such areas as telecommunications, information technology, payroll, information processing, training, market research, storage and archival;
third-party business partners who provide goods and services or sponsor contests or other promotional activities, whether or not in cooperation with us;
insurance companies or insurance investigators and credit providers;
credit bureaus, or any debt collection agencies or dispute resolution centers in the event of violation or dispute;
business partners, investors, trustees or assignees (actual or expected) that promote business asset transactions (which can be broadened to include any merger, acquisition or asset sale) of LUXOTC Operators;
professional consultants such as auditors and lawyers;
relevant government regulatory agencies or law enforcement agencies to comply with laws or regulations formulated by government authorities;
assignees of our rights and obligations;
banks, credit card companies and their respective service providers;
persons with your consent as determined by you or the applicable contract.

                    III. LUXOTC Services
Upon completion of the registration and identity verification for your LUXOTC Account, you may use various LUXOTC Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, LUXOTC Savings services, staking, acquiring market-related data, research and other information released by LUXOTC, participating in User activities held by LUXOTC, etc., in accordance with the provisions of these Terms (including LUXOTC Platform Rules and other individual agreements). LUXOTC has the right to:
Provide, modify or terminate, in its discretion, any LUXOTC Services based on its development plan; and
Allow or prohibit some Users’ use of any LUXOTC Services in accordance with relevant LUXOTC Platform Rules.
                    1. Service Usage Guidelines
                    a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, LUXOTC grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use LUXOTC Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use LUXOTC Services for resale or commercial purposes, including transactions on behalf of other persons or entities. All the above actions are expressly prohibited and constitute a material violation of these Terms. The content layout, format, function and access rights regarding LUXOTC Services should be stipulated in the discretion of LUXOTC. LUXOTC reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using LUXOTC Services in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use LUXOTC Services. Therefore, you hereby agree that when you use LUXOTC Services, LUXOTC does not transfer LUXOTC Services or the ownership or intellectual property rights of any LUXOTC intellectual property to you or anyone else. All the text, graphics, user interfaces, visual interface, photos, sounds, process flow diagrams, computer code (including html code), programs, software, products, information and documents, as well as the design, structure, selection, coordination, expression, look and feel, and layout of any content included in the services or provided through LUXOTC Services, are exclusively owned, controlled and/or licensed by LUXOTC Operators or its members, parent companies, licensors or affiliates.
LUXOTC owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about LUXOTC or LUXOTC Services that you provide through email, LUXOTC Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to LUXOTC. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.

                    b. Restrictions
When you use LUXOTC Services, you agree and undertake to comply with the following provisions:
During the use of LUXOTC Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of LUXOTC;
Your use of LUXOTC Services should not violate public interests, public morals, or the legitimate interests of others, including any actions that would interfere with, disrupt, negatively affect, or prohibit other Users from using LUXOTC Services;
You agree not to use the services for market manipulation (such as pump and dump schemes, wash trading, self-trading, front running, quote stuffing, and spoofing or layering, regardless of whether prohibited by law);
Without written consent from LUXOTC, the following commercial uses of LUXOTC data are prohibited:
1) Trading services that make use of LUXOTC quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of LUXOTC.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from LUXOTC.
Without prior written consent from LUXOTC, you may not modify, replicate, duplicate, copy, download, store, further transmit, disseminate, transfer, disassemble, broadcast, publish, remove or alter any copyright statement or label, or license, sub-license, sell, mirror, design, rent, lease, private label, grant security interests in the properties or any part of the properties, or create their derivative works or otherwise take advantage of any part of the properties.
You may not (i) use any deep linking, web crawlers, bots, spiders or other automatic devices, programs, scripts, algorithms or methods, or any similar or equivalent manual processes to access, obtain, copy or monitor any part of the properties, or replicate or bypass the navigational structure or presentation of LUXOTC Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through LUXOTC Services; (ii) attempt to access any part or function of the properties without authorization, or connect to LUXOTC Services or any LUXOTC servers or any other systems or networks of any LUXOTC Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of LUXOTC Services or any network connected to the properties, or violate any security or authentication measures on LUXOTC Services or any network connected to LUXOTC Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of LUXOTC Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of LUXOTC Services or LUXOTC, or the infrastructure of any systems or networks connected to LUXOTC services; (vi) use any devices, software or routine programs to interfere with the normal operation of LUXOTC Services or any transactions on LUXOTC Services, or any other person’s use of LUXOTC Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to LUXOTC, or (viii) use LUXOTC Services in an illegal way.
By accessing LUXOTC Services, you agree that LUXOTC has the right to investigate any violation of these Terms, unilaterally determine whether you have violated these Terms, and take actions under relevant regulations without your consent or prior notice. Examples of such actions include, but are not limited to:
Blocking and closing order requests;
Freezing your account;
Reporting the incident to the authorities;
Publishing the alleged violations and actions that have been taken;
Deleting any information you published that are found to be violations.

                    2. Crypto-to-crypto Trading
Upon completion of the registration and identity verification for your LUXOTC Account, you may conduct Crypto-to-crypto Trading on LUXOTC in accordance with the provisions of these Terms and LUXOTC Platform Rules.
                    a. Orders
Upon sending an instruction of using LUXOTC Services for Crypto-to-crypto Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in LUXOTC’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, LUXOTC will execute an exchange (a “Transaction”). Once the Transaction is executed, your account will be updated to reflect that the Order has been fully executed and closed, or the Order has been partially executed. The Order will remain uncompleted until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize LUXOTC to temporarily control the Digital Currencies involved in your Transaction.

                    b. Cancellation
For Orders initiated through LUXOTC Services, you may only cancel them before they have been matched with other Users’ Orders. Once your Order has been matched with another user’s Order, you may not change, revoke or cancel LUXOTC’s authorization to complete the Order. For any partially matched Order, you may cancel the unmatched part of the Order unless such portion has been matched. LUXOTC reserves the right to reject any cancellation request related to the Order you have submitted. If your account does not have sufficient amount of Digital Currencies to execute an Order, LUXOTC may cancel the entire Order, or execute part of the Order with the amount of Digital Currencies you have in your account (in each case, any Transaction related fees payable to LUXOTC are deducted as stated in paragraph (c) below).

                    c. Fees
You agree to pay LUXOTC the fees specified in  https://www.LUXOTC.com. LUXOTC may, in its discretion, update the fees at any time. Any updated fees will apply to any sales or other Transactions that occur following the effective date of the updated fees. You authorize LUXOTC to deduct from your account any applicable fees that you owe under these Terms.

                    d. Other Types of Crypto-to-crypto Trading
In addition to the Crypto-to-crypto Trading that allows users to directly place orders as mentioned in paragraph (a) above, LUXOTC may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated LUXOTC Platform Rules, such as One Cancels the Other (OCO) and block trade.

                    3. Fiat Trading
Prior to conducting Fiat Trading, you must separate User Agreements with the various LUXOTC partnered OTC platforms, and comply with the Legal Statement, Privacy Policy,P2P User Transaction Policy (https://LUXOTC.zendesk.com/hc/en-us/articles/360041066751-P2P-User-Transaction-Policy) and other specific LUXOTC Platform Rules related to Fiat Trading as well as the business rules of such partners, and open an account on such LUXOTC OTC platforms, following the completion of the registration and identity verification for your LUXOTC Account.

                    IV. Liabilitys
                    1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, LUXOTC SERVICES, LUXOTC MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF LUXOTC ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND LUXOTC EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, LUXOTC DOES NOT REPRESENT OR WARRANT THAT THE SITE, LUXOTC SERVICES OR LUXOTC MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LUXOTC DOES NOT GUARANTEE THAT ANY ORDER WILL BE EXECUTED, ACCEPTED, RECORDED OR REMAIN OPEN. EXCEPT FOR THE EXPRESS STATEMENTS, AGREEMENTS AND RULES SET FORTH IN THESE TERMS, YOU HEREBY ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED UPON ANY OTHER STATEMENT OR AGREEMENT, WHETHER WRITTEN OR ORAL, WITH RESPECT TO YOUR USE AND ACCESS OF LUXOTC SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT LUXOTC WILL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO: (A) ANY INACCURACY, DEFECT OR OMISSION OF DIGITAL ASSETS PRICE DATA, (B) ANY ERROR OR DELAY IN THE TRANSMISSION OF SUCH DATA, (C) INTERRUPTION IN ANY SUCH DATA, (D) REGULAR OR UNSCHEDULED MAINTENANCE CARRIED OUT BY LUXOTC AND SERVICE INTERRUPTION AND CHANGE RESULTING FROM SUCH MAINTENANCE, (E) ANY DAMAGES INCURRED BY OTHER USERS’ ACTIONS, OMISSIONS OR VIOLATION OF THESE TERMS, (F) ANY DAMAGE CAUSED BY ILLEGAL ACTIONS OF OTHER THIRD PARTIES OR ACTIONS WITHOUT AUTHORIZED BY LUXOTC; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY LUXOTC.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.

                    2. Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LUXOTC, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, REVENUE, PROFITS OR OTHER BUSINESSES OR FINANCIAL BENEFITS) ARISING OUT OF LUXOTC SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF LUXOTC SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF LUXOTC AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF LUXOTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT OF A FINAL JUDICIAL DETERMINATION THAT SUCH DAMAGES WERE A RESULT OF LUXOTC’S GROSS NEGLIGENCE, FRAUD, WILLFUL MISCONDUCT OR INTENTIONAL VIOLATION OF LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE LIABILITY OF LUXOTC, ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF SERVICES OFFERED BY OR ON BEHALF OF LUXOTC AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF LUXOTC SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY, EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO LUXOTC UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.

                    3. Indemnification
You agree to indemnify and hold harmless LUXOTC Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees and agents from and against any claims, actions, proceedings, investigations, demands, suits, costs, expenses and damages (including attorneys’ fees, fines or penalties imposed by any regulatory authority) arising out of or related to (i) your use of, or conduct in connection with, LUXOTC Services, (ii) your breach or our enforcement of these Terms, or (iii) your violation of any applicable law, regulation, or rights of any third party during your use of LUXOTC Services. If you are obligated to indemnify LUXOTC Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, LUXOTC will have the right, in its sole discretion, to control any action or proceeding and to determine whether LUXOTC wishes to settle, and if so, on what terms.

                    V. Announcements
Please be aware that all official announcements, news, promotions, competitions and airdrops will be listed on  https://www.LUXOTC.com .USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. LUXOTC WILL NOT BE HELD LIABLE OR RESPONSIBLE IN ANY MANNER OF COMPENSATION SHOULD USERS INCUR PERSONAL LOSSES ARISING FROM IGNORANCE OR NEGLIGENCE OF THE ANNOUNCEMENTS.

                    VI. Termination of Agreement
                    1. Suspension of LUXOTC Accounts
You agree that LUXOTC shall have the right to immediately suspend your LUXOTC Account (and any accounts beneficially owned by related entities or affiliates), freeze or lock the Digital Assets or funds in all such accounts, and suspend your access to LUXOTC for any reason including if LUXOTC suspects any such accounts to be in violation of these Terms, our Privacy Policy, or any applicable laws and regulations. You agree that LUXOTC shall not be liable to you for any permanent or temporary modification of your LUXOTC Account, or suspension or termination of your access to all or any portion of LUXOTC Services. LUXOTC shall reserve the right to keep and use the transaction data or other information related to such LUXOTC Accounts. The above account controls may also be applied in the following cases:
The LUXOTC Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the LUXOTC Account;
We detect unauthorized access to the LUXOTC Account;
We are required to do so by a court order or command by a regulatory/government authority.

                    2. Cancellation of LUXOTC Accounts
In case of any of the following events, LUXOTC shall have the right to directly terminate these Terms by cancelling your LUXOTC Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your LUXOTC Account on LUXOTC and withdraw the corresponding LUXOTC Account thereof:
after LUXOTC terminates services to you;
you allegedly register or register in any other person’s name as a LUXOTC User again, directly or indirectly;
the information that you have provided is untruthful, inaccurate, outdated or incomplete;
when these Terms are amended, you state your unwillingness to accept the amended Terms by applying for cancellation of your LUXOTC Account or by other means;
you request that LUXOTC Services be terminated; and
any other circumstances where LUXOTC deems it should terminate LUXOTC Services.
Should your LUXOTC Account be terminated, the account and transactional information that meet data retention standards will be securely stored for 5 years. In addition, if a transaction is unfinished during the account termination process, LUXOTC shall have the right to notify your counterparty of the situation at that time. You acknowledge that a user-initiated account exit (right to erasure under GDPR or other equivalent regulations) will also be subjected to the termination protocol stated above.
If LUXOTC is informed that any Digital Assets or funds held in your LUXOTC Account are stolen or otherwise are not lawfully possessed by you, LUXOTC may, but has no obligation to, place an administrative hold on the affected funds and your LUXOTC Account. If LUXOTC does lay down an administrative hold on some or all of your funds or LUXOTC Account, LUXOTC may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to LUXOTC has been provided to LUXOTC in a form acceptable to LUXOTC. LUXOTC will not involve itself in any such dispute or the resolution of the dispute. You agree that LUXOTC will have no liability or responsibility for any such hold, or for your inability to withdraw Digital Assets or funds or execute trades during the period of any such hold.

                    3. Remaining Funds After LUXOTC Account Termination
Except as set forth in paragraph 4 below, once a LUXOTC Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to LUXOTC) will be payable immediately to LUXOTC. Upon payment of all outstanding charges to LUXOTC (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.

                    4. Remaining Funds After LUXOTC Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
LUXOTC maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of LUXOTC Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.

                    VII. No Financial Advice
LUXOTC is not your broker, intermediary, agent, or advisor and has no fiduciary relationship or obligation to you in connection with any trades or other decisions or activities effected by you using LUXOTC Services. No communication or information provided to you by LUXOTC is intended as, or shall be considered or construed as, investment advice, financial advice, trading advice, or any other sort of advice. Unless otherwise specified in these Terms, all trades are executed automatically, based on the parameters of your order instructions and in accordance with posted trade execution procedures, and you are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you according to your personal investment objectives, financial circumstances and risk tolerance, and you shall be solely responsible for any loss or liability therefrom. You should consult legal or tax professionals regarding your specific situation. LUXOTC does not recommend that any Digital Asset should be bought, earned, sold, or held by you. Before making the decision to buy, sell or hold any Digital Asset, you should conduct your own due diligence and consult your financial advisors prior to making any investment decision. LUXOTC will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by LUXOTC.

                    VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of LUXOTC Services in their local jurisdiction as well as other laws and regulations applicable to Users. Users must also factor, to the extent of their local laws all aspects of taxation, the withholding, collection, reporting and remittance to their appropriate tax authorities.ALL USERS OF LUXOTC SERVICES ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT LUXOTC WILL REQUIRE THEM TO PROVIDE OR OTHERWISE COLLECT THE NECESSARY INFORMATION AND MATERIALS AS PER RELEVANT LAWS OR GOVERNMENT ORDERS TO VERIFY THE LEGALITY OF THE SOURCES AND USE OF THEIR FUNDS.LUXOTC maintains a stance of cooperation with law enforcement authorities globally and will not hesitate to seize, freeze, terminate Users’ accounts and funds which are flagged out or investigated by legal mandate.

                    IX. Privacy Policy
Access to LUXOTC Services will require the submission of certain personally identifiable information. Please review LUXOTC’s Privacy Policy at  https://www.LUXOTC.com for a summary of LUXOTC’s guidelines regarding the collection and use of personally identifiable information.

                    X. Resolving Disputes: Forum, Arbitration, Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT INVOLVES A WAIVER OF CERTAIN RIGHTS TO BRING LEGAL PROCEEDINGS, INCLUDING AS A CLASS ACTION FOR RESIDENTS OF THE U.S.

1. Notification of Dispute. Please contact LUXOTC first! LUXOTC wants to address your concerns without resorting to formal legal proceedings. Before filing a claim, you agree to try to resolve the dispute informally by contacting LUXOTC first through  https://www.LUXOTC.com.

2. Agreement to Arbitrate. You and LUXOTC agree to resolve any claims relating to these Terms (including any question regarding their existence, validity, termination, or any services or products provided and any representations made by us) through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below. You agree to first give us an opportunity to resolve any claims by contacting us as set forth in paragraph 1 above. If we are not able to resolve your claims within 60 days of receiving the notice, you may seek relief through arbitration.

3. Arbitration Procedure. Either you or LUXOTC may submit a dispute (after having made good faith efforts to resolve such dispute in accordance with paragraphs 1 and 2 above) for final and binding resolution by arbitration .JUDGMENT ON ANY ARBITRAL AWARD MAY BE GIVEN IN ANY COURT HAVING JURISDICTION OVER THE PARTY (OR OVER THE ASSETS OF THE PARTY) AGAINST WHOM SUCH AN AWARD IS RENDERED.

4. Notice. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claims to [email protected] If we request arbitration against you, we will give you notice at the email address or street address you have provided.

                    XI. Miscellaneous
1. Independent Parties. LUXOTC is an independent contractor but not an agent of you in the performance of these Terms. These Terms shall not be interpreted as facts or evidence of an association, joint venture, partnership, or franchise between the parties.

2. Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of LUXOTC Services and will supersede all prior written or oral agreements between the parties. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms herein.

3. Interpretation and Revision. LUXOTC reserves the right to alter, revise, modify, and/or change these Terms at any time. All changes will take effect immediately upon being published on LUXOTC websites. It is your responsibility to regularly check relevant pages on our websites/applications to confirm the latest version of these Terms. If you do not agree to any such modifications, your only remedy is to terminate your usage of LUXOTC Services and cancel your account. You agree that, unless otherwise expressly provided in these Terms, LUXOTC will not be responsible for any modification or termination of LUXOTC Services by you or any third party, or suspension or termination of your access to LUXOTC Services.

4. Force Majeure. LUXOTC will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond LUXOTC’s reasonable control.

5. Severability. If any portion of these Terms is held invalid or unenforceable, such invalidity or enforceability will not affect the other provisions of these Terms, which will remain in full force and effect, and the invalid or unenforceable portion will be given effect to the greatest extent possible.

6. Assignment. You may not assign or transfer any right to use LUXOTC Services or any of your rights or obligations under these Terms without prior written consent from LUXOTC, including any right or obligation related to the enforcement of laws or the change of control. LUXOTC may assign or transfer any or all of its rights or obligations under these Terms, in whole or in part, without notice or obtaining your consent or approval.

7. Waiver. The failure of one party to require performance of any provision will not affect that party’s right to require performance at any time thereafter. At the same time, the waiver of one party to seek recovery for the other party’s violation of these Terms or any provision of applicable terms shall not constitute a waiver by that party of any subsequent breach or violation by the other party or of the provision itself.

8. Third-Party Website Disclaimer. Any links to third-party websites from LUXOTC Services does not imply endorsement by LUXOTC of any product, service, information or disclaimer presented therein, nor does LUXOTC guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, LUXOTC will not be liable for such loss. In addition, since LUXOTC has no control over the terms of use or privacy policies of third-party websites, you should read and understand those policies carefully.

9. Matters Related to Apple Inc. If you use any device manufactured by Apple Inc. to participate in any commercial activities or reward programs through LUXOTC Services, such activities and programs are provided by LUXOTC and are not associated with Apple Inc. in any manner.

10. Contact Information. For more information on LUXOTC, you may refer to the company and license information found on LUXOTC websites. If you have questions regarding these Terms, please feel free to contact LUXOTC for clarification via our Customer Support team at  https://www.LUXOTC.com.

                

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