Terms of Use
These MemeBank Terms of Use is entered into between you (hereinafter referred to as “you” or “your”) and MemeBank operators (as defined below). By accessing, downloading, using or clicking on “I agree” to accept any MemeBank Services (as defined below) provided by MemeBank (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 www.memebank.com/support/terms-of-use. 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 MemeBank 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 MemeBank 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 MemeBank SERVICES AND TRANSACTIONS OF DIGITAL CURRENCIES AND THEIR DERIVATIVES; AND (3) MemeBank SHALL NOT BE LIABLE FOR ANY SUCH RISKS OR ADVERSE OUTCOMES. By accessing, using or attempting to use MemeBank 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 MemeBank or utilize MemeBank services.
I. Definitions
MemeBank refers to an ecosystem comprising MemeBank websites (whose domain names include but are not limited to https://www.MemeBank.com/), mobile applications, clients, applets and other applications that are developed to offer MemeBank Services, and includes independently-operated platforms, websites and clients within the ecosystem (e.g. MemeBank’s Exchange Platform, MemeBank Launchpad). 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.
MemeBank Operators ：refer to all parties that run MemeBank, including but not limited to legal persons (including MemeBank UAB), unincorporated organizations and teams that provide MemeBank Services and are responsible for such services. For convenience, unless otherwise stated, references to “MemeBank” and “we” in these Terms specifically mean MemeBank Operators. UNDER THESE TERMS, MemeBank OPERATORS MAY CHANGE AS MemeBank’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 MemeBank OPERATORS MAY BE EXPANDED DUE TO THE PROVISION OF NEW MemeBank SERVICES, IN WHICH CASE, IF YOU CONTINUE TO USE MemeBank SERVICES, IT IS DEEMED THAT YOU HAVE AGREED TO JOINTLY EXECUTE THESE TERMS WITH THE NEWLY ADDED MemeBank 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.
MemeBank Services refer to various services provided to you by MemeBank that are based on Internet and/or blockchain technologies and offered via MemeBank websites, mobile applications, clients and other forms (including new ones enabled by future technological development). MemeBank Services include but are not limited to such MemeBank ecosystem components as Digital Asset Trading Platforms, the financing sector, MemeBank Labs, MemeBank Academy, MemeBank Charity, MemeBank Info, MemeBank Launchpad, MemeBank Research, MemeBank Chain, MemeBank X, MemeBank Fiat Gateway, existing services offered by Trust Wallet and novel services to be provided by MemeBank.
MemeBank Platform Rules refer to all rules, interpretations, announcements, statements, letters of consent and other contents that have been and will be subsequently released by MemeBank, as well as all regulations, implementation rules, product process descriptions, and announcements published in the Help Center or within products or service processes.
Users refer to all individuals, institutions or organizations that access, download or use MemeBank or MemeBank Services and who meet the criteria and conditions stipulated by MemeBank. 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.
MemeBank Accounts refer to the foundational virtual accounts, including main accounts and subaccounts, which are opened by MemeBank for Users to record on MemeBank their usage of MemeBank Services, transactions, asset changes and basic information. MemeBank Accounts serve as the basis for Users to enjoy and exercise their rights on MemeBank.
Crypto-to-crypto Trading refers to spot transactions in which one digital currency is exchanged for another digital currency.
Collateral Accounts refer to special accounts opened by Users on MemeBank to deposit and withdraw collateral (such as margins) in accordance with these Terms (including the MemeBank Contract Services Agreement and MemeBank Platform Rules), as required for contract transactions, leveraged trading and/or currency borrowing services.
Loan/Lending refers to MemeBank’s lending of Digital Currencies to Users at an interest collected in certain ways (in the form of Digital Currencies), including but not limited to the leveraged trading and currency lending services currently offered, and other forms of loan/lending services to be launched by MemeBank.
II. General Provisions
1. About These Terms
a. Contractual Relationship
These Terms constitute a legal agreement and create a binding contract between you and MemeBank Operators.
b. Supplementary Terms
Due to the rapid development of Digital Currencies and MemeBank, these Terms between you and MemeBank 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, MemeBank PLATFORM RULES, AND ALL OTHER AGREEMENTS ENTERED INTO SEPARATELY BETWEEN YOU AND MemeBank ARE DEEMED SUPPLEMENTARY TERMS THAT ARE AN INTEGRAL PART OF THESE TERMS AND SHALL HAVE THE SAME LEGAL EFFECT. YOUR USE OF MemeBank SERVICES IS DEEMED YOUR ACCEPTANCE OF THE ABOVE SUPPLEMENTARY TERMS.
c. Changes to These Terms
MemeBank reserves the right to change or modify these Terms in its discretion at any time. MemeBank will notify such changes by updating the terms on its website () 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 MemeBank 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 MemeBank 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 MemeBank SERVICES.
d. Prohibition of Use BY ACCESSING AND USING MemeBank 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. MemeBank RESERVES THE RIGHT TO CHOOSE MARKETS AND JURISDICTIONS TO CONDUCT BUSINESS, AND MAY RESTRICT OR REFUSE, IN ITS DISCRETION, THE PROVISION OF MemeBank SERVICES IN CERTAIN COUNTRIES OR REGIONS.
2. About MemeBank
As an important part of the MemeBank Ecosystem, MemeBank 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 MemeBank, 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 MemeBank has been committed to maintaining the accuracy of the information provided through MemeBank Services, MemeBank cannot and does not guarantee its accuracy, applicability, reliability, integrity, performance or appropriateness, nor shall MemeBank be liable for any loss or damage that may be caused directly or indirectly by your use of these contents. The information about MemeBank Services may change without notice, and the main purpose of providing such information is to help Users make independent decisions. MemeBank does not provide investment or consulting advice of any kind, and is not responsible for the use or interpretation of information on MemeBank or any other communication medium. All Users of MemeBank Services must understand the risks involved in Digital Assets trading, and are recommended to exercise prudence and trade responsibly within their own capabilities.
3. MemeBank Account Registration and Requirements
a. Registration
All Users must apply for a MemeBank Account at (https://accounts.MemeBank.com/en/register) before using MemeBank Services. When you register a MemeBank Account, you must provide the information identified in this paragraph 3 or otherwise as requested by MemeBank, and accept these Terms, the Privacy Policy, and other MemeBank Platform Rules. MemeBank may refuse, in its discretion, to open a MemeBank Account for you. You agree to provide complete and accurate information when opening a MemeBank Account, and agree to timely update any information you provide to MemeBank to maintain the integrity and accuracy of the information. Each User (including natural person, business or legal entity) may maintain only one main account at any given time. However, Users can open one or more subaccounts under the main account with the consent of MemeBank. For certain MemeBank Services, you may be required to set up a specific account independent from your MemeBank 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 Section and Section VI, unless otherwise stated in these Terms or the Supplementary Terms.
b. Eligibility
By registering to use a MemeBank 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 MemeBank Services; (iv) you do not currently have a MemeBank Account; (v) you are neither a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user; nor are you acting on behalf of a United States user, a Malaysia user, a Singapore-based user, or an Ontario (Canada)-based user. 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 MemeBank 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. Please note that some products and services may not be available in certain jurisdictions or regions or to certain users. MemeBank reserves the right to change, modify or impose additional restrictions at its discretion at any time. Futures and Derivatives Products. USDⓈ-M Futures, Coin-M Futures, MemeBank Options, Vanilla Options and Leveraged Tokens (“Futures and Derivatives Products”) will not be available to all users of the Netherlands, Germany, Italy, Australia and Hong Kong, and retail users of the United Kingdom.
c. User Identity Verification
Your registration of an account with MemeBank 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 MemeBank, or for other lawful purposes stated by MemeBank. 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, MemeBank 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 MemeBank 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 MemeBank DURING YOUR USE OF MemeBank 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 MemeBank TO CONDUCT INVESTIGATIONS THAT MemeBank CONSIDERS NECESSARY, EITHER DIRECTLY OR THROUGH A THIRD PARTY, TO VERIFY YOUR IDENTITY OR PROTECT YOU, OTHER USERS AND/OR MemeBank 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 MemeBank Account can only be used by the account registrant. MemeBank reserves the right to suspend, freeze or cancel the use of MemeBank 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 MemeBank immediately. MemeBank assumes no liability for any loss or damage arising from the use of MemeBank Account by you or any third party with or without your authorization.
e. Account Security
MemeBank has been committed to maintaining the security of User entrusted funds, and has implemented industry standard protection for MemeBank 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 MemeBank Account and personal information. You should be solely responsible for keeping safe of your MemeBank Account and password, and be responsible for all the transactions under your MemeBank Account. MemeBank 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.
III. MemeBank Services
Upon completion of the registration and identity verification for your MemeBank Account, you may use various MemeBank Services, including but not limited to, Crypto-to-crypto Trading, Fiat Trading, contract trading, leveraged trading, MemeBank Savings services, staking, acquiring market-related data, research and other information released by MemeBank, participating in User activities held by MemeBank, etc., in accordance with the provisions of these Terms (including MemeBank Platform Rules and other individual agreements). MemeBank has the right to: Provide, modify or terminate, in its discretion, any MemeBank Services based on its development plan; and Allow or prohibit some Users’ use of any MemeBank Services in accordance with relevant MemeBank Platform Rules.
1. Service Usage Guidelines
a. License
Provided that you constantly comply with the express terms and conditions stated in these Terms, MemeBank grants you a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicensable license to access and use MemeBank Services through your computer or Internet compatible devices for your personal/internal purposes. You are prohibited to use MemeBank 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 MemeBank Services should be stipulated in the discretion of MemeBank. MemeBank reserves all rights not expressly granted in these Terms. Therefore, you are hereby prohibited from using MemeBank Services in any way not expressly authorized by these Terms. These Terms only grant a limited license to access and use MemeBank Services. Therefore, you hereby agree that when you use MemeBank Services, MemeBank does not transfer MemeBank Services or the ownership or intellectual property rights of any MemeBank 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 MemeBank Services, are exclusively owned, controlled and/or licensed by MemeBank Operators or its members, parent companies, licensors or affiliates. MemeBank owns any feedback, suggestions, ideas, or other information or materials (hereinafter collectively referred to as “Feedback”) about MemeBank or MemeBank Services that you provide through email, MemeBank Services, or other ways. You hereby transfer all rights, ownership and interests of the Feedback and all related intellectual property rights to MemeBank. 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. Restriction When you use MemeBank Services, you agree and undertake to comply with the following provisions: During the use of MemeBank Services, all activities you carry out should comply with the requirements of applicable laws and regulations, these Terms, and various guidelines of MemeBank; Your use of MemeBank 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 MemeBank 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 MemeBank, the following commercial uses of MemeBank data are prohibited:
Trading services that make use of MemeBank quotes or market bulletin board information.
Data feeding or streaming services that make use of any market data of MemeBank.
Any other websites/apps/services that charge for or otherwise profit from (including through advertising or referral fees) market data obtained from MemeBank. Without prior written consent from MemeBank, 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 MemeBank Services in any way, in order to obtain or attempt to obtain any materials, documents or information in any manner not purposely provided through MemeBank Services; (ii) attempt to access any part or function of the properties without authorization, or connect to MemeBank Services or any MemeBank servers or any other systems or networks of any MemeBank Services provided through the services by hacking, password mining or any other unlawful or prohibited means; (iii) probe, scan or test the vulnerabilities of MemeBank Services or any network connected to the properties, or violate any security or authentication measures on MemeBank Services or any network connected to MemeBank Services; (iv) reverse look-up, track or seek to track any information of any other Users or visitors of MemeBank Services; (v) take any actions that imposes an unreasonable or disproportionately large load on the infrastructure of systems or networks of MemeBank Services or MemeBank, or the infrastructure of any systems or networks connected to MemeBank services; (vi) use any devices, software or routine programs to interfere with the normal operation of MemeBank Services or any transactions on MemeBank Services, or any other person’s use of MemeBank Services; (vii) forge headers, impersonate, or otherwise manipulate identification, to disguise your identity or the origin of any messages or transmissions you send to MemeBank, or (viii) use MemeBank Services in an illegal way. By accessing MemeBank Services, you agree that MemeBank 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 MemeBank Account, you may conduct Crypto-to-crypto Trading on MemeBank in accordance with the provisions of these Terms and MemeBank Platform Rules.
a. Orders
Upon sending an instruction of using MemeBank 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 MemeBank’s order book to match other users’ Orders. If one of your Orders fully or partially matches another user’s Order, MemeBank 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 MemeBank to temporarily control the Digital Currencies involved in your Transaction.
b. Cancellation
For Orders initiated through MemeBank 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 MemeBank’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. MemeBank 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, MemeBank 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 MemeBank are deducted as stated in paragraph (c) below).
c. Fees
You agree to pay MemeBank the fees specified in www.MemeBank.com/en/fee/schedule. MemeBank 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 MemeBank 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, MemeBank may, in its discretion, provide technical and platform services for other types of Crypto-to-crypto Trading under its separately formulated MemeBank Platform Rules, such as One Cancels the Other (OCO) and block trade.
3. Futures Trading
Unless otherwise specified by MemeBank, to conduct Futures Trading, you must conclude with MemeBank a separate MemeBank Futures Service Agreement and open a special Collateral Account, following the completion of registration and identity verification for your MemeBank Account. You acknowledge and agree that:
a. You fully understand the high risks of Futures Trading, including but not limited to the risk of major fluctuations of Digital Assets in Futures Trading, and the risk of exacerbated adverse outcome when leverage is used;
b. You have sufficient investment knowledge and experience and the capacity to take risks arising from Futures Trading, and agree to independently assume all the risks arising from the investment of Futures Trading;
c. Before performing Futures Trading, you have read and understood all the contents of the MemeBank Futures Service Agreement and the relevant MemeBank Platform Rules, and have consulted relevant professionals to make informed decisions on whether and how to complete Futures Trading according to their recommendations and your own reasonable judgment;
d. You agree and authorize MemeBank to take various reasonable measures in its discretion (including but not limited to forced liquidation and forced position reduction under specific circumstances) in accordance with the MemeBank Futures Service Agreement and the relevant MemeBank Platform Rules to protect the legitimate interests of you, MemeBank and other Users.
IV. Liabilities
1. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, MemeBank SERVICES, MemeBank MATERIALS AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MemeBank ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND MemeBank 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, MemeBank DOES NOT REPRESENT OR WARRANT THAT THE SITE, MemeBank SERVICES OR MemeBank MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MemeBank 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 MemeBank SERVICES. WITHOUT LIMITING THE FOREGOING, YOU HEREBY UNDERSTAND AND AGREE THAT MemeBank 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 MemeBank 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 MemeBank; AND (G) OTHER EXEMPTIONS MENTIONED IN DISCLAIMERS AND PLATFORM RULES ISSUED BY MemeBank. 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 MemeBank, 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 MemeBank SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF MemeBank SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF MemeBank AND ITS AFFILIATES, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY EVEN IF MemeBank 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 MemeBank’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 MemeBank, 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 MemeBank AND ITS AFFILIATES, ANY PERFORMANCE OR NON-PERFORMANCE OF MemeBank 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 MemeBank 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 MemeBank 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, MemeBank 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 MemeBank Services. If you are obligated to indemnify MemeBank Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these Terms, MemeBank will have the right, in its sole discretion, to control any action or proceeding and to determine whether MemeBank wishes to settle, and if so, on what terms.
V. No Financial Advice
MemeBank 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 MemeBank Services. No communication or information provided to you by MemeBank 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. MemeBank 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. MemeBank will not be held responsible for the decisions you make to buy, sell, or hold Digital Asset based on the information provided by MemeBank.
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