Tokenlon Terms Of Service

Last Updated: Jul 30, 2019.

These Terms of Service (these “Terms of Service”) are entered into by Tokenlon (“we”, “us” and “our”) and the entity executing these Terms of Service (“You”). These Terms of Service govern Your use of Tokenlon Service. In particular, you must carefully read sections which are displayed in bold in these Terms of Service. You must make sure that you fully understand these Terms of Service and evaluate the risks of using the Service on your own.

By clicking or tapping any button or box marked “accept,” “agree” or “OK” (or a similar term) in connection with these Terms of Service, or by accessing or using the Services, you agree to be bound by these Terms of Service and affirm that you are of legal age and have the legal capacity to enter into these Terms of Service subject to applicable laws in your jurisdiction. If you disagree with these Terms of Service or with any subsequent amendments, changes, or updates, you may not use any of the Services; your only recourse in the case of disagreement is to stop using all of the Services.

To enable you to convert between Digital Tokens or use any other Tokenlon’s Service by paragraph 3 of these Terms of Service, please review our Privacy Policy for the protection of your privacy as one part of these Terms of Service.

These Terms of Service may be amended, changed, or updated by Tokenlon at any time and without prior notice to you. Tokenlon reserves the right to make reasonable amendments to these Terms of Service from time to time. You should check back often to confirm that your copy and understanding of these Terms of Service is current and correct. Your non-termination or continued use of any Services after the effective date of any amendments, changes, or updates constitutes your acceptance of these Terms of Service, as modified by such amendments, changes, or updates.

The use of any Services is void where prohibited by applicable law.

1. Interpretation

2. Licence to Use the Services

If you comply with these Terms of Service, Tokenlon will grant you the limited right to use the Services. The right to use the Services is a non-exclusive, non-transferable, revocable, limited licence, and it is subject to the limitations and obligations in these Terms of Service and the functionalities of Tokenlon available to you. Nothing in these Terms of Service gives you any licence (other than as set out in this paragraph), right, title, or ownership of, in, or to any of the Services. All and any contents on Tokenlon, including software, interactive features, information, are protected by copyright or intellectual property rights and owned by Tokenlon. And any trademarks, service marks and logos displayed on Tokenlon are Tokenlon’s registered and/or unregistered trademarks or service marks, as well as goodwill generated from the use of any Tokenlon are solely for Tokenlon’s benefit.

3. Tokenlon Services

Tokenlon is not a financial institution and does not accept or transmit Digital Tokens. Tokenlon provides a bulletin-board service for users of Digital Tokens. You can exchange Digital Tokens with third-party users directly; Tokenlon never takes custody of Digital Tokens, nor does it hold Digital Tokens in escrow.

Through the Services, you can:

When using the Services, you will be charged certain service fees or handling fees by Tokenlon, subject to the Fee Schedule to be announced and updated by Tokenlon from time to time. When you use the services provided by third parties, third parties may charge handling fees and/or service fees from you as well, which shall be subject to the fees directly collected by those third parties, and the relevant information displayed on Tokenlon is merely for your reference.

When using the Services, you need to choose to use a Wallet provided by external service providers. With your Wallet, you can store and engage in transactions using Digital Tokens, either within Tokenlon or with other platforms. Your Wallet is under your responsibility. While your account enables you to access your Wallet with ease – Tokenlon has no access to your Wallet nor any control over its use, and accordingly Tokenlon has no liability whatsoever regarding the use of your Wallet.

Tokenlon is only a bulletin-board service provider that provides, for your easy reference, latest trading information of certain Digital Tokens and quoting information from other exchange platforms, which you may directly obtain from other exchange platforms or official website/ App/DApp of related Digital Tokens. And you can find third-party users, negotiate and conduct transactions on Digital Tokens. Tokenlon does not guarantee the accuracy and timely level of the information on the Tokenlon’s website/ App/DApp. Also, Tokenlon will not be liable for any loss, directly or indirectly, arising from the information on Tokenlon, network delay or failure to link the Internet, transmit or receive notices or information delay or failure. Tokenlon doesn’t participate in any of your transactions. Therefore, you should be careful to distinguish the authenticity, legality and validity of the relevant digital assets and information, and bear the liabilities and losses arising from them.

Tokenlon will not be liable or accountable, nor shall be deemed to have any liability or accountability, for any loss or damage regarding your failure to keep your account or Wallet information secret and protected.

4. Transactions

Tokenlon assists you in sharing information with third parties regarding your interest in exchanging certain Digital Tokens for other Digital Tokens (such information, “Transaction Information”) in order to facilitate the purchase or sale of Digital Tokens through third-party platforms using the 0x protocol (available at 0xproject.com) (any such purchase or sale of Digital Tokens based on the Transaction Information, a “Transaction”). By submitting Transaction Information through Tokenlon, you grant to us the right to provide the Transaction Information to users of the Services and other third parties. We do not guarantee the identity of any provider or receiver of Transaction Information, or the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Transaction Information or any Transaction. Further, by sharing Transaction Information through the Services, you represent and warrant that:

5. Risks and Limitation of Liability

Use of the Services and participation in Transactions may carry financial risk. You acknowledge and agree that you are aware of such risks, including the following:

6. Limitation of Liability & Release

Important: Except as may be provided for in these Terms of Service, Tokenlon assumes no liability or responsibility for and shall have no liability or responsibility for any claim, application, loss, injury, delay, accident, cost, business interruption costs, or any other expenses (including, without limitation, attorneys’ fees or the costs of any claim or suit), nor for any incidental, direct, indirect, general, special, punitive, exemplary, or consequential damages, loss of goodwill or business profits, work stoppage, data loss, computer failure or malfunction, or any and all other commercial losses (collectively, referred to herein as “Losses”) directly or indirectly arising out of or related to:

The foregoing limitation of liability shall apply whether the alleged liability or losses are based on contract, negligence, tort, unjust enrichment, strict liability, or any other basis, even if Tokenlon has been advised of or should have known of the possibility of such losses and damages, and without regard to the success or effectiveness of any other remedies.

7. Prohibited Uses

You may not:

Any use as described in this paragraph shall constitute a “Prohibited Use”. If Tokenlon determines that you have engaged in any Prohibited Use, Tokenlon may address such Prohibited Use through an appropriate sanction, in its sole and absolute discretion. Such sanction may include, but is not limited to, making a report to law enforcement or other authorities; and, terminating your access to the Services. Tokenlon may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.

8. Your Representations & Warranties:

You represent and warrant to Tokenlon as follows:

9. Anti-Money Laundering and Counter-Terrorist Financing

Tokenlon is committed to providing you with safe, compliant, and reputable Services. Tokenlon may analyze trading activities for early detection of fraud and money flowing into suspicious accounts. This includes monitoring of and for suspicious transactions and mandatory reporting to international regulators. Tokenlon reserves the right to refuse people who do not fit the international AML standards or who can be considered as political public figures. Tokenlon reserves the right to suspend or terminate the transaction based on our own judgment as suspicious transactions at any time. Tokenlon does not assume any responsibility arising therefrom.

Tokenlon may take actions of, including but not limited to, making a report to law enforcement or other authorities; and, terminating your access to the Services. Tokenlon may, at its sole and absolute discretion, seize and hand over your property to law enforcement or other authorities where circumstances warrant.

10. No Class Proceedings

You and Tokenlon agree that any party hereto may bring claims against the others only on an individual basis and not as a plaintiff or class member in any purported class or representative action, arbitration or proceeding. No adjudicator may consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. Any relief awarded to any one Tokenlon user cannot and may not affect any other Tokenlon users.

11. No Representations & Warranties by Tokenlon

Tokenlon makes no explicit or implicit representations, warranties, or guarantees to you of any kind, including but not limited to any Services, their accuracy, completeness, consistency, applicability, reliability, timing, errors, interruption, security; the accuracy or completeness of the information contained in the Services, displayed or delivered to you; the value, validity, authenticity, quality, suitability, or otherwise, about any Digital Tokens you hold, send and/or receive through the Services. The Services are offered strictly on an as-is, where-is basis and, without limiting the generality of the foregoing, are offered without any representation as to merchantability or fitness for any particular purpose.

12. No Advice

Tokenlon does not provide any investment advice or advice on trading techniques, models, algorithms, or any other schemes. Any comments, messages, discussions, analyses, prices, suggestions and other information of Tokenlon are general market reviews and do not constitute any investment advice. We are not liable for any direct or indirect losses caused by such information, including but not limited to, any loss of profit.

13. No Waiver

Any failure by Tokenlon to exercise any of its respective rights, powers, or remedies under these Terms of Service, or any delay by Tokenlon in doing so, does not constitute a waiver of any such right, power, or remedy. The single or partial exercise of any right, power, or remedy by Tokenlon does not prevent either from exercising any other rights, powers, or remedies.

14. Indemnification

You agree to indemnify and hold harmless Tokenlon from and against any claims, actions, arbitrations, proceedings, investigations, demands, suits, costs, expenses and damages (including attorney’s fees) arising out of or related to your use of Tokenlon and your violation of any applicable laws during your use of Service.

15. Force Majeure

Tokenlon is not responsible for damages caused by delay or failure to perform undertakings under these Terms of Service when the delay or failure is due to fires; strikes; floods; power outages or failures; acts of God or the state’s enemies; lawful acts of public authorities; any and all market movements, shifts, or volatility; computer, server, or Internet malfunctions; security breaches or cyberattacks; criminal acts; delays or defaults caused by common carriers; acts or omissions of third parties; or, any other delays, defaults, failures or interruptions that cannot reasonably be foreseen or provided against. In the event of force majeure, Tokenlon is excused from any and all performance obligations and these Terms of Service shall be fully and conclusively at an end.

16. Assignment

These Terms of Service, and any of the rights, duties, and obligations contained herein, are not assignable by you without prior written consent of Tokenlon. These Terms of Service, and any of the rights, duties, and obligations contained herein, are freely assignable by Tokenlon without notice or your consent. Any attempt by you to assign these Terms of Service without written consent is void.

17. Severability

If any provision of these Terms of Service, as amended from time to time, is determined to be invalid, void, or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness, or unenforceability attach only to such provision and everything else in these Terms of Service continues in full force and effect.

18. Miscellaneous

Tokenlon Privacy Policy

Last Updated: Jul 30, 2019.

Tokenlon (a decentralized exchange developed and operated by DIGITAL ERA GLOBAL LIMITED,hereinafter “Tokenlon”,“we”, “us” and “our”) respect and protect the privacy of users who use our Services. To ensure transparency, this Privacy Policy (the “Policy”) describes our information handling practices when you access content we own or websites, pages, features, or content we own or operate (collectively, the “Site(s)”), any Tokenlon API, any Tokenlon App/DApp, and related services (referred to collectively hereinafter as “Services”). Additionally, you must carefully read significant sections which are in bold form in this Policy and make sure that you are fully understand.

1. Acceptance of This Policy

By accessing and using our Services, you signify acceptance to the terms of this Policy. Where we require your consent to process your Personal Information, we will ask for your consent to the collection, use, and disclosure of your Personal Information as described further below.

If you do not agree with or you are not comfortable with any aspect of this Policy, you should immediately discontinue access or use of our Services. Additionally, significant information including the Disclaimer is in bold form in this Policy. Definitions of key words in this Policy are consistent with those in the Tokenlon Terms of Use(the “Terms of Service”). If there is any discrepancy between the definitions of any defined term used in this Policy and the Terms of Service, the definition of any defined term used in this Policy shall prevail.

This Policy does not apply to services offered by other companies or other sites linked from our Services.

By providing us with your Personal Information, you consent to our collection, use, disclosure (including transfer) and processing of your Personal Information in accordance with this Policy. Please DO NOT provide any Personal Information to us if you do not accept this Policy.

2. Changes to This Policy

We reserve the right to modify this Policy at any time, and when required by law, we will notify you of changes to this Policy. If we make any material changes we will notify you by means of a notice on our Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

3. Personal Information We Collect

Personal Information is data that can be used to identify you directly or indirectly, or to contact you (“Personal Information”). Our Policy covers all Personal Information that you voluntarily submit to us and that we obtain from our partners or third parties. This Policy does not apply to anonymized or aggregated data, as it cannot be used to identify you. Except as described in this Policy, Tokenlon will not give, sell, rent or loan any Personal Information to any third party.

We collect Personal Information when you use our Services or when you send us information. Any information you provide to us that is not required is voluntary. You are free to choose whether to provide us with the types of Personal Information requested, but we may not be able to serve you as effectively or offer you all of our Services when you do choose not to share certain information with us.

We collect the following types of information:

4. How your Personal Information is Used

We will only use your Personal Information when the laws allow us to. Generally, we collect and use information from you to provide, protect, and improve our Services. We may use your Personal Information in the following ways:

We will not use your Personal Information for purposes other than those purposes we have disclosed to you, without your permission. From time to time we may request your permission to share your Personal Information with third parties. You may opt out of having your Personal Information shared with third parties, or allowing us to use your Personal Information for any purpose that is incompatible with the purposes for which we originally collected it or subsequently obtained your authorization. If you choose to so limit the use of your Personal Information, certain features or Services may not be available to you.

5. How We Protect Your Information

6. How Your Information is Internationally Transferred

Personal Information and other data may be exported outside of the jurisdiction in which you reside. Your Personal Information may be processed and stored in a foreign country or countries. Under those circumstances, the governments, courts, law enforcement, or regulatory agencies of that country or those countries may be able to obtain access to your Personal Information through foreign laws. You need to be aware that the privacy standards of those countries may be lower than those of the jurisdiction in which you reside.

7. Protection for the Minors

The following special provisions apply to minors who are under the age of 18 years old:

8. Disclaimer

9. Miscellaneous

10. How to Contact

If you have questions or concerns regarding this Policy, or if you have a complaint, you should first contact us at privacy@tokenlon.im.