E-Legend Terms of Service
Please read the terms carefully as they govern your use of E-Legend Ecosystem. THESE TERMS CONTAIN IMPORTANT PROVISIONS INCLUDING AN ARBITRATION PROVISION THAT REQUIRES ALL CLAIMS TO BE RESOLVED BY WAY OF LEGALLY BINDING ARBITRATION. 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 E-LEGEND ECOSYSTEM, 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 E-LEGEND ECOSYSTEM AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) E-LEGEND SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES.
By accessing, using or attempting to use E-Legend Ecosystem in any capacity, you acknowledge that you accept and agree to be bound by these Terms. If you do not agree, do not access E-Legend or utilize E-Legend Ecosystem.
- E-Legend refers to an ecosystem comprising E-Legend websites (whose domain names include but are not limited to https://.E-Legend.io), clients, applets and other applications that are developed to offer E-Legend Ecosystem, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. E-Legend’s Trading Platform, eBinary Option, eForex, eAffiliate System, eJackpot, eSec, eCommerce, eSuper Application, and fiat gateways). In case of any inconsistency between relevant terms of service of the above platforms and the contents of these Terms, the respective applicable terms of such platforms shall prevail.
- E-Legend Operators refer to all parties that run E-Legend, including but not limited to legal persons, unincorporated organizations and teams that provide E-Legend Ecosystem and are responsible for such services. For convenience, unless otherwise stated, references to “E-Legend” and “we” in these Terms specifically mean E-Legend Operators. UNDER THESE TERMS, E-LEGEND OPERATORS MAY CHANGE AS E-LEGEND’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 E-LEGEND OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW E-LEGEND ECOSYSTEM, IN WHICH CASE, IF YOU CONTINUE TO SERVICE E-LEGEND ECOSYSTEM, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED E-LEGEND 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.
- E-Legend Ecosystem refers to various services provided to you by E-Legend that are based on Internet and/or blockchain technologies and offered via E-Legend websites, mobile applications, clients and other forms (including new ones enabled by future technological development). E-Legend include but are not limited to such E-Legend ecosystem components as Trading Platforms, the financing sector, eBinary Option, eForex, eAffiliate System, eJackpot, eSec, eCommerce, eSuper Application and others services to be provided by E-Legend.
- E-Legend Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by E-Legend, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Support Center or within products or service processes.
- Users refer to all individuals, institutions or organizations that access, download or use E-Legend or E-Legend Ecosystem and who meet the criteria and conditions stipulated by E-Legend. If there exist other agreements for such entities as developers, distributors, market makers, and Digital Currencies exchanges, such agreements shall be followed.
- 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.
- Digital Assets refer to Digital Currencies, their derivatives or other types of digitalized assets with a certain value.
- E-Legend Accounts refer to the virtual accounts, including main accounts and subaccounts, which are opened by E-Legend for Users to record on E-Legend their usage of E-Legend Ecosystem, transactions, asset changes and basic information. E-Legend Accounts serve as the basis for Users to enjoy and exercise their rights on E-Legend.
- Binary Option Trading refers to a trading instrument that offers a guaranteed return for a correct prediction about an asset’s price direction within a selected timeframe.
- Forex Trading refers to spot transactions in which Forex traders purchase currencies with the intent to make money off of the difference between the buying and the selling prices.
- Affiliate System refers to the associate programs, involves promoting E-Legend platform in order to earn a commission from the leads and conversions users generate. Users get paid when people sign up on the E-Legend Trading Platform as a result of your promotion efforts.
- General Provisions
- About These Terms
- Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and E-Legend Operators.
- Supplementary Terms
- Changes to These Terms
E-Legend reserves the right to change or modify these Terms in its discretion at any time. E-Legend will notify such changes by updating the terms on its website (https://E-Legend.io/en/terms-and-conditions/terms-of-service). 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 E-LEGEND ECOSYSTEM 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 E-LEGEND ECOSYSTEM 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 E-LEGEND ECOSYSTEM.
- Prohibition of Use
BY ACCESSING AND USING E-LEGEND ECOSYSTEM, 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. E-LEGEND RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF E-LEGEND ECOSYSTEM IN CERTAIN COUNTRIES OR REGIONS.
- About E-Legend
As an important part of the E-Legend Ecosystem, E-Legend mainly serves as a global online trading platform for forex exchange and derivatives of digital assets, 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 E-Legend, and deposit Digital Assets or Fiat Money into their account prior to trading. Users may, subject to the restrictions set forth in these Terms, apply for the withdrawal of Digital Assets and Fiat Money.
Although E-Legend has been committed to maintaining the accuracy of the information provided through E-Legend Ecosystem, E-Legend cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall E-Legend be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about E-Legend Ecosystem may change without notice, and the main purpose of providing such information is to help Users make independent decisions. E-Legend does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on E-Legend or any other communication medium. All Users of E-Legend Ecosystem must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
- E-Legend Account Registration and Requirements
By registering to use a E-Legend 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 E-Legend Ecosystem; (iv) you do not currently have a E-Legend Account; (v) you are a non-U.S User, unless you only log on to websites for U.S. Users and use E-Legend Ecosystem 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 E-Legend Ecosystem 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.
- User Identity Verification
BY REGISTERING AN ACCOUNT, YOU HEREBY AUTHORIZE E-LEGEND TO CONDUCT INVESTIGATIONS THAT E-LEGEND CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR E-LEGEND 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.
- Account Usage Requirements
The E-Legend Account can only be used by the account registrant. E-Legend reserves the right to suspend, freeze or cancel the use of E-Legend 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 E-Legend immediately. E-Legend assumes no liability for any loss or damage arising from the use of E-Legend Account by you or any third party with or without your authorization.
- Account Security
E-Legend has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for E-Legend Ecosystem. 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 E-Legend Account and personal information.
You should be solely responsible for keeping safe of your E-Legend Account and password, and be responsible for all the transactions under your E-Legend Account. E-Legend 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 an E-Legend Account, you hereby agree that:
you will notify E-Legend immediately if you are aware of any unauthorized use of your E-Legend Account and password or any other violation of security rules;
you will strictly abide by all mechanisms or procedures of E-Legend regarding security, authentication, trading, charging, and withdrawal; and
you will take appropriate steps to logout from E-Legend at the end of each visit.
- Personal Data
your transaction counterparty;
E-Legend 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 E-Legend 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. E-Legend Ecosystem
Upon completion of the registration and identity verification for your E-Legend Account, you may use various E-Legend Ecosystem Application, including but not limited to, Binary Option Trading, Fiat Trading, Contract Trading, Copy Trading, eJackpot, eSec, staking, acquiring market-related data, research and other information released by E-Legend, participating in User activities held by E-Legend, etc., in accordance with the provisions of these Terms (including E-Legend Platform Rules and other individual agreements). E-Legend has the right to:
Provide, modify or terminate, in its discretion, any E-Legend Ecosystem based on its development plan; and
Allow or prohibit some Users’ use of any E-Legend Ecosystem in accordance with relevant E-Legend Platform Rules.
- Service Usage Guidelines
Provided that you constantly comply with the express terms and conditions stated in these Terms, E-Legend grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use E-Legend Ecosystem through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use E-Legend Ecosystem 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 E-Legend Ecosystem should be stipulated in the discretion of E-Legend. E-Legend reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using E-Legend Ecosystem in any way not expressly authorized by these Terms.
These Terms only grant a limited license to access and use E-Legend Ecosystem. Therefore, you hereby agree that when you use E-Legend Ecosystem, E-Legend does not transfer E-Legend Ecosystem or the ownership or intellectual property rights of any E-Legend 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 E-Legend Ecosystem, are exclusively owned, controlled and/or licensed by E-Legend Operators or its members, parent companies, licensors or affiliates.
E-Legend owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about E-Legend or E-Legend Ecosystem that you provide through email, E-Legend Ecosystem, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to E-Legend. You have no right and hereby waive any request for acknowledgment or compensation based on any Feedback, or any modifications based on any Feedback.
When you use E-Legend Ecosystem, you agree and undertake to comply with the following provisions:
During the use of E-Legend Ecosystem, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of E-Legend;
Your use of E-Legend Ecosystem 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 E-Legend Ecosystem;
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 E-Legend, the following commercial uses of E-Legend data are prohibited:
1) Trading services that make use of E-Legend quotes or market bulletin board information.
2) Data feeding or streaming services that make use of any market data of E-Legend.
3) Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from E-Legend.
Without prior written consent from E-Legend, 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 E-Legend Ecosystem in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through E-Legend Ecosystem; (ii) attempt to access any part or function of the properties without authorization, or connect to E-Legend Ecosystem or any E-Legend servers or any other systems or networks of any E-Legend Ecosystem provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of E-Legend Ecosystem or any network connected to the properties, or violate any security or authentication measures on E-Legend Ecosystem or any network connected to E-Legend Ecosystem; (iv) reverse lookup, track or seek to track any information of any other Users or visitors of E-Legend Ecosystem; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of E-Legend Ecosystem or E-Legend, or the infrastructure of any systems or networks connected to E-Legend Ecosystem; (vi) use any devices, software or routine programs to interfere with the normal operation of E-Legend Ecosystem or any transactions on E-Legend Ecosystem, or any other person’s use of E-Legend Ecosystem; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to E-Legend, or (viii) use E-Legend Ecosystem in an illegal way.
By accessing E-Legend Ecosystem, you agree that E-Legend 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.
- eBO – Binary Option Trading
Upon completion of the registration and identity verification for your E-Legend Account, you may conduct Binary Option Trading on eBO in accordance with the provisions of these Terms and E-Legend Platform Rules.
Upon sending an instruction of using E-Legend Ecosystem for Binary Option Trading (an “Order”), your account will be immediately updated to reflect the open Orders, and your Orders will be included in E-Legend’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, E-Legend 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. The Order will remain incomplete until it is fully executed or cancelled under paragraph (b) below. To conclude a Transaction, you authorize E-Legend to temporarily control the Digital Assets involved in your Transaction.
For Orders initiated through E-Legend Ecosystem, 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 E-Legend’s authorization to complete the Order.
You agree to pay eBinary Option the fees specified in https://E-Legend.io/en/fee/. E-Legend 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 E-Legend to deduct from your account any applicable fees that you owe under these Terms.
- eFX – Forex Trading
- You fully understand that a partial of trading fee will be contributed to the eJackpot’s reward pool;
- E-Legend Operators have exclusive rights to make adjustments in the ticket price without any notice.
- Before purchasing eJackpot ticket, you have read and understood all the contents of the Terms of Service and others E-Legend Platform Rules that relate to eJackpot
- eAS – Affiliate Program
- Not register and/or use a domain name that contains E-Legend brand name (including any derivatives and misspellings) or could mislead clients into believing that their website is the official E-Legend website, unless explicitly authorized by the Company.
- Use only the promotional materials provided in the personal account of the affiliate program for marketing purposes; regularly update them or replace with up to date ones upon request of representatives of the affiliate program.
- Use a warning about risks in case of describing potential profit to the client. A risk warning should be in bold, not obscured by its colour or tried to be hidden among pictures – a risk warning should be clearly legible to all clients and draw a reader’s eye to it. Moreover, a risk warning should be located not lower than legal/contact information.
- eSec Staking
E-Legend will from time to time launch staking programs for eSec to reward, as per certain rules, users who hold E-Legend token in their E-Legend Accounts. When participating in staking programs, you should note that:
- Unless otherwise stipulated by E-Legend, staking programs are free of charge and Users may trade during the staking period;
- E-Legend does not guarantee Users’ proceeds under any staking program;
- E-Legend has the right to initiate or terminate staking program for any reasons or modify rules on such programs in its sole discretion;
- Users shall ensure that sources of the eSec they hold in E-Legend Accounts are legal and compliant and undertake to observe related laws and regulations. Otherwise, E-Legend has the right to take necessary steps in accordance with these Terms or E-Legend Platform Rules, including, without limitation, freezing E-Legend Accounts or deducting the eSec awarded to Users who violate the rules of respective Staking Programs.
- Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, E-LEGEND ECOSYSTEM, E-LEGEND MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF E-LEGEND ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND E-LEGEND 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, E-LEGEND DOES NOT REPRESENT OR WARRANT THAT THE SITE, E-LEGEND ECOSYSTEM OR E-LEGEND MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. E-LEGEND 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 E-LEGEND ECOSYSTEM. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT E-LEGEND 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 E-LEGEND 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 E-LEGEND; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY E-LEGEND.
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.
- Disclaimer of Damages and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL E-LEGEND, 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 E-LEGEND ECOSYSTEM, ANY PERFORMANCE OR NON-PERFORMANCE OF E-LEGEND ECOSYSTEM, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF E-LEGEND AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF E-LEGEND 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 E-LEGEND’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 E-LEGEND, 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 E-LEGEND AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF E-LEGEND ECOSYSTEM, 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 E-LEGEND UNDER THESE TERMS IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
You agree to indemnify and hold harmless E-Legend 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, E-Legend Ecosystem, (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 E-Legend Ecosystem. If you are obligated to indemnify E-Legend Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, E-Legend will have the right, in its sole discretion, to control any action or proceeding and to determine whether E-Legend wishes to settle, and if so, on what terms.
Please be aware that all official announcements, news, promotions, adjustments will be listed on https://E-Legend.io/en/news. USERS UNDERTAKE TO REFER TO THESE MATERIALS REGULARLY AND PROMPTLY. E-LEGEND 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.
- Termination of Agreement
- Suspension of E-Legend Accounts
The E-Legend Account is subject to a governmental proceeding, criminal investigation or other pending litigation;
We detect unusual activities in the E-Legend Account;
We detect unauthorized access to the E-Legend Account;
We are required to do so by a court order or command by a regulatory/government authority.
- Cancellation of E-Legend Accounts
In case of any of the following events, E-Legend shall have the right to directly terminate these Terms by cancelling your E-Legend Account, and shall enjoy the right but not the obligation to permanently freeze (cancel) the authorizations of your E-Legend Account on E-Legend and withdraw the corresponding E-Legend Account thereof:
after E-Legend terminates services to you;
you allegedly register or register in any other person’s name as a E-Legend 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 E-Legend Account or by other means;
you request that E-Legend Ecosystem be terminated; and
any other circumstances where E-Legend deems it should terminate E-Legend Ecosystem.
Should your E-Legend 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, E-Legend 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 E-Legend is informed that any Digital Assets or funds held in your E-Legend Account are stolen or otherwise are not lawfully possessed by you, E-Legend may, but has no obligation to, place an administrative hold on the affected funds and your E-Legend Account. If E-Legend does lay down an administrative hold on some or all of your funds or E-Legend Account, E-Legend may continue such hold until such time as the dispute has been resolved and evidence of the resolution acceptable to E-Legend has been provided to E-Legend in a form acceptable to E-Legend. E-Legend will not involve itself in any such dispute or the resolution of the dispute. You agree that E-Legend 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.
- Remaining Funds After E-Legend Account Termination
Except as set forth in paragraph 4 below, once an E-Legend Account is closed/withdrawn, all remaining account balance (which includes charges and liabilities owed to E-Legend) will be payable immediately to E-Legend. Upon payment of all outstanding charges to E-Legend (if any), Users will have 5 business days to withdraw all Digital Assets or funds from the account.
- Remaining Funds After E-Legend Account Termination Due to Fraud, Violation of Law, or Violation of These Terms
E-Legend maintains full custody of the Digital Assets, funds and User data/information which may be turned over to governmental authorities in the event of E-Legend Accounts’ suspension/closure arising from fraud investigations, investigations of violation of law or violation of these Terms.
VII. No Financial Advice
E-Legend 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 affected by you using E-Legend Ecosystem. No communication or information provided to you by E-Legend 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. E-Legend 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. E-Legend will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by E-Legend.
VIII. Compliance with Local Laws
It is Users’ responsibility to abide by local laws in relation to the legal usage of E-Legend Ecosystem 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 E-LEGEND ECOSYSTEM ACKNOWLEDGE AND DECLARE THAT THEIR FUNDS COME FROM LEGITIMATE SOURCES AND DO NOT ORIGINATE FROM ILLEGAL ACTIVITIES; USERS AGREE THAT E-LEGEND 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.E-Legend 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.
- Independent Parties. E-Legend 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.
- Entire Agreement. These Terms constitute the entire agreement between the parties regarding use of E-Legend Ecosystem 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.
- Interpretation and Revision. E-Legend 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 E-Legend 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 E-Legend Ecosystem and cancel your account. You agree that, unless otherwise expressly provided in these Terms, E-Legend will not be responsible for any modification or termination of E-Legend Ecosystem by you or any third party, or suspension or termination of your access to E-Legend Ecosystem.
- Force Majeure. E-Legend will not be liable for any delay or failure to perform as required by these Terms because of any cause or condition beyond E-Legend’s reasonable control.
- 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.
- Assignment. You may not assign or transfer any right to use the E-Legend Ecosystem or any of your rights or obligations under these Terms without prior written consent from E-Legend, including any right or obligation related to the enforcement of laws or the change of control. E-Legend 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.
- 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.
- Third-Party Website Disclaimer. Any links to third-party websites from E-Legend Ecosystem does not imply endorsement by E-Legend of any product, service, information or disclaimer presented therein, nor does E-Legend guarantee the accuracy of the information contained on them. If you suffer loss from using such third-party product and service, E-Legend will not be liable for such loss. In addition, since E-Legend has no control over the terms of service or privacy policies of third-party websites, you should read and understand those policies carefully.
- Contact Information. For more information on E-Legend, you may refer to the company and license information found on E-Legend websites. If you have questions regarding these Terms, please feel free to contact E-Legend for clarification via our support team at https://E-Legend.io/en/contact