【最新修订】： 2018. 08 .01
XTRA的经营者是指法律认可的经营该平台网站的责任主体，有关XTRA经营者的信息请查看XTRA首页底部公布的公司信息和证照信息。本协议中XTRA的经营者可单称或统称为“XTRA Limited”。“XTRA”指由XTRA运营的网络平台，包括但不限于XTRA网，域名为 https://xtraex.com/ 该网站属于加密网站。会按照本隐私权政策的规定使用和披露您的个人信息。但XTRA将以高度的勤勉、审慎义务对待这些信息。除本隐私权政策另有规定外，在未征得您事先许可的情况下，XTRA不会将这些信息对外披露或向第三方提供。XTRA会不时更新本隐私权政策。 您在同意XTRA服务协议之时，即视为您已经同意本隐私权政策全部内容。本隐私权政策属于XTRA服务协议不可分割的一部分。
您须自行负责对您的XTRA登录名 昵称和密码 保密，且须对您在该登录名、XTRA 昵称和密码 下发生的所有活动（包括但不限于信息披露、发布信息、网上点击同意或提交各类规则协议、网上续签协议或购买服务等）承担责任。您同意：(a) 如发现任何人未经授权使用您的XTRA昵称和密码账户，或发生违反保密规定的任何其他情况，您会立即通知XTRA；(b)确保您严格遵守网站/服务的安全、认证、交易、充币、提币机制或者流程；及 (c) 确保您在每个上网时段结束时，以正确步骤离开网站/服务。XTRA不能也不会对因您未能遵守本款规定而发生的任何损失负责。您理解XTRA对您的请求采取行动需要合理时间，XTRA对在采取行动前已经产生的后果（包括但不限于您的任何损失）不承担任何责任。
您在使用XTRA服务过程中，所产生的应纳税赋，以及一切硬件、软件、服务及其它方面的费用，均由您独自承担。 使用该服务时，您同意所有交易一旦执行便不可更改。 使用该服务时，您同意无论损益，XTRA有权随时清算交易。
在XTRA上使用XTRA服务过程中，您承诺遵守以下约定： 在使用XTRA服务过程中实施的所有行为均遵守国家法律、法规等规范性文件及XTRA各项规则的规定和要求，不违背社会公共利益或公共道德，不损害他人的合法权益，不偷逃应缴税费，不违反本协议及相关规则。您如果违反前述承诺，产生任何法律后果的，您应以自己的名义独立承担所有的法律责任，并确保XTRA免于因此产生任何损失。 在与其他会员交易过程中，遵守诚实信用原则，不采取不正当竞争行为，不扰乱网上交易的正常秩序，不从事与网上交易无关的行为。 不对XTRA上的任何数据作商业性利用，包括但不限于在未经XTRA事先书面同意的情况下，以复制、传播等任何方式使用XTRA站上展示的资料。 不使用任何装置、软件或例行程序干预或试图干预XTRA的正常运作或正在XTRA上进行的任何交易、活动。您不得采取任何将导致不合理的庞大数据负载加诸XTRA网络设备的行动。
您了解并同意： XTRA有权对您是否违反上述承诺做出单方认定，并根据单方认定结果适用规则予以处理或终止向您提供服务，且无须征得您的同意或提前通知予您。 基于维护XTRA交易秩序及交易安全的需要，XTRA有权在发生恶意出售或者购买等扰乱市场正常交易秩序的情形下，执行关闭相应交易订单等操作。 经国家行政或司法机关的生效法律文书确认您存在违法或侵权行为，或者XTRA根据自身的判断，认为您的行为涉嫌违反本协议和/或规则的条款或涉嫌违反法律法规的规定的，则XTRA有权在XTRA上公示您的该等涉嫌违法或违约行为及XTRA已对您采取的措施。 对于您在XTRA上发布的涉嫌违法或涉嫌侵犯他人合法权利或违反本协议和/或规则的信息，XTRA有权不经通知您即予以删除，且按照规则的规定进行处罚。 对于您在XTRA上实施的行为，包括您未在XTRA上实施但已经对XTRA及其用户产生影响的行为，XTRA有权单方认定您行为的性质及是否构成对本协议和/或规则的违反，并据此作出相应处罚。您应自行保存与您行为有关的全部证据，并应对无法提供充要证据而承担的不利后果。 对于您涉嫌违反承诺的行为对任意第三方造成损害的，您均应当以自己的名义独立承担所有的法律责任，并应确保XTRA免于因此产生损失或增加费用。 如您涉嫌违反有关法律或者本协议之规定，使XTRA遭受任何损失，或受到任何第三方的索赔，或受到任何行政管理部门的处罚，您应当赔偿XTRA因此造成的损失及（或）发生的费用，包括合理的律师费用。
除非法律法规明确要求，或出现以下情况，否则，XTRA没有义务对所有用户的信息数据、比特币信息、交易行为以及与交易有关的其它事项进行事先审查： XTRA有合理的理由认为特定会员及具体交易事项可能存在重大违法或违约情形。 XTRA有合理的理由认为用户在XTRA的行为涉嫌违法或不当。 XTRA或XTRA授权的第三方或您与XTRA一致同意的第三方有权基于您不可撤销的授权受理您与其他会员因交易产生的争议，并有权单方判断与该争议相关的事实及应适用的规则，进而作出处理决定，包括但不限于调整相关订单的交易状态，指令第三方支付公司或者客服将争议货款的全部或部分支付给交易一方或双方。该处理决定对您有约束力。如您未在限期内执行处理决定的，则XTRA有权利（但无义务）直接使用您尚在XTRA账户内的款项，或您向XTRA及其关联公司交纳的保证金代为支付。您应及时补足保证金并弥补XTRA及其关联公司的损失，否则XTRA及其关联公司有权直接抵减您在其它合同项下的权益，并有权继续追偿。
您同意，XTRA有权自行全权决定以任何理由不经事先通知的中止、终止向您提供部分或全部XTRA服务，暂时冻结或永久冻结（注销）您的账户在XTRA的权限，且无须为此向您或任何第三方承担任何责任，但是XTRA有权利继续保存该账户相关的交易数据、记录等信息以及应用、使用该信息。 出现以下情况时，XTRA有权直接以注销账户的方式终止本协议，并有权永久冻结（注销）您的账户在XTRA的权限和收回账户对应的XTRA昵称： XTRA终止向您提供服务后，您涉嫌再一次直接或间接或以他人名义注册为XTRA用户的；
您提供的用户信息中的主要内容不真实或不准确或不及时或不完整； 本协议（含规则）变更时，您明示并通知XTRA不愿接受新的服务协议的； 其它XTRA认为应当终止服务的情况。
您同意，您与XTRA的合同关系终止后，XTRA仍享有下列权利： 继续保存您的用户信息及您使用XTRA服务期间的所有交易信息。 您在使用XTRA服务期间存在违法行为或违反本协议和/或规则的行为的，XTRA仍可依据本协议向您主张权利。 XTRA中止或终止向您提供XTRA服务后，对于您在服务中止或终止之前的交易行为依下列原则处理，您应独力处理并完全承担进行以下处理所产生的任何争议、损失或增加的任何费用，并应确保XTRA免于因此产生任何损失或承担任何费用：您在服务中止或终止之前已经上传至XTRA的比特数字货币尚未交易的，XTRA有权在中止或终止服务的同时删除此项物品的相关信息； 您在服务中止或终止之前已经与其他会员达成买卖合同，但合同尚未实际履行的，XTRA有权删除该买卖合同及其交易比特币的相关信息； 您在服务中止或终止之前已经与其他会员达成买卖合同且已部分履行的，XTRA可以不删除该项交易，但XTRA有权在中止或终止服务的同时将相关情形通知您的交易对方。
Date of latest amendment: AUG 1th, 2018
This agreement is made by and between you and operator of Xtra and has the legal effect as a legal contract. The operator of Xtra means the legal entity that, recognized by law, operates the networking platform. Please refer to the company and license information at the bottom of the website of Xtra for the information regarding the operator of Xtra. The operator of Xtra may be referred to, individually or collectively, as “Xtra Limited” in this agreement. “Xtra” means the networking platform operated by Xtra, including but not limited to the Xtra website, with the domain name of xtraex.com, https://xtraex.com, which is encrypted.
1. Agreement and Execution
The content of this agreement includes main body of this agreement and various rules that have been posted or may be posted from time to time by Xtra. All of the rules shall be an integral part of this agreement, and shall have the same legal effect as the main body of this agreement. Unless otherwise expressly provided, any service provided by Xtra and its affiliates (hereinafter referred as “Xtra Service”) shall be bound by this agreement. You shall carefully read through this agreement before using any Xtra Service, and pay close attention to the content written in bold font. You may consult Xtra if you have any question with regard to this agreement. However, regardless whether you have carefully read through this agreement before using Xtra Service, you shall be bound by this agreement as long as you use Xtra Service. You shall not claim to void or rescind this agreement on the ground that you did not read this agreement or you did not receive any respond from Xtra to your consultation. You hereby promise to accept and observe this agreement. If you do not agree to this agreement, you shall immediately stop registration/activation or stop using Xtra Service. Xtra may make or amend this agreement and various rules from time to time as needed, and announce the same on the website, without any individual notice to you. The amended agreement and rules shall come into effect immediately and automatically upon being announced on the website. If you do not agree to the relevant amendment, you shall immediately stop using Xtra Service. If you continue using Xtra Service, you shall be deemed as having accepted the amended agreement and rules.
2. Registration and Account
1、Eligibility of Registrants
You hereby confirm that you are an individual, legal person or other organization with full capacity for civil rights and civil conducts when you complete the registration or actually use Xtra Service in any other way allowed by Xtra. If you do not have the said capacity, you and your guardian shall undertake all the consequences resulted therefrom, and Xtra shall have the right to cancel or permanently freeze your account, and claims against you and your guardian for compensation.
2、Registration and Account
You shall be bound by this agreement once you have filled in information, read and agreed to this agreement and completed the registration process following the instructions on the registration page or you have filled information, read and agreed to this agreement and completed the activation process following the instructions on the activation page, or upon your actual use of Xtra Service in a way permitted by Xtra. You may log in Xtra by your email address or mobile number that you have provided or confirmed or any other means permitted by Xtra. You must provide your real name, ID type, ID number and other information required by the laws and regulations. If any information you have provided during the registration is inaccurate, Xtra will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. Xtra accounts can only be used by the person whose name they are registered under. Xtra reserves the right to suspend, freeze, or cancel accounts that are used by persons other than the persons whose names the accounts are registered under. Xtra will also not take legal responsibility for these accounts.
During the registration or activation, you shall accurately provide and timely update your information by following the instructions on the relevant page according to the laws and regulations in order to make it truthful, timely, complete and accurate. If there is any reasonable doubt that any information provided by you is wrong, untruthful, outdated or incomplete, Xtra shall have the right to send you a notice to make enquiry and demand corrections, remove relevant information directly and, as the case may be, terminate all or part of Xtra Service to you. Xtra will not take any responsibility and any loss, direct or indirect, and adverse consequence resulted therefrom will be borne by you. You shall accurately fill in and timely update your email address, telephone number, contact address, postal code and other contact information so that Xtra or any other user will be able to effectively contact you. You shall be solely and fully responsible for any loss or extra expenses incurred during the use of Xtra Service by you if you cannot be contacted through these contact information. You hereby acknowledge and agree that you have the obligation to keep your contact information effective and to take actions as required by Xtra if there is any change or update.
You shall be solely responsible for the safekeeping of your Xtra account and password on your own, and you shall be responsible for all activities under your log-in email, Xtra account and password (including but not limited to information disclosure, information posting, consent to or submission of various rules and agreements by clicking on the website, online renewal of agreement or online purchase of services, etc.). You hereby agree that: a) you will notify Xtra immediately if you are aware of any unauthorized use of your Xtra account and password by any person or any other violations to the security rules; b) you will strictly observe the security, authentication, dealing, charging, withdrawal mechanism or procedures of the website/service; and c) you will log out the website by taking proper steps at the end of every visit. Xtra shall not and will not be responsible for any loss caused by your failure to comply with this provision. You understand that Xtra needs reasonable time to take actions upon your request, and Xtra will not undertake any responsibility for the consequences (including but not limited to any of your loss) that have occurred prior to such actions.
3. Xtra Service
Through Xtra Service and other services provided by Xtra and its affiliates, members may post deal information, access to the pricing and dealing information of a deal and carry out the deal, participate in activities organized by Xtra and enjoy other information services and technical services. If you have any dispute with other members arising from any transaction on Xtra, once such dispute is submitted by one or both of you and the other member to Xtra for dispute resolution, Xtra shall have the right to make decision at its sole discretion. You hereby acknowledge and accept the discretion and decision of Xtra. You acknowledge and agree that, Xtra may, on requests from governmental authorities (including judicial and administrative departments), provide user information provided by you to Xtra, transaction records and any other necessary information. If you allegedly infringe upon any other’s intellectual rights or other legitimate interests, Xtra may provide the necessary ID information of you to the interest holder if Xtra preliminarily decides that the infringement exists. All the applicable taxes and all the expenses in relation to hardware, software, service and etc. arising during your use of the Xtra Service shall be solely borne by you. By using this service you accept that all trade executions are final and irreversible. By using this service you accept that Xtra reserves the right to liquidate any trades at any time regardless of the profit or loss position.
4. User’s Guide of Xtra Service
You hereby promise to observe the following covenants during your use of Xtra Service on Xtra: All the activities that you carry out during the use of Xtra Service will be in compliance with the requirements of laws, regulations, regulatory documents and various rules of Xtra, will not be in violation of public interests, public ethnics or other’s legitimate interests, will not constitute evasion of payable taxes or fees and will not violate this agreement or relevant rules. If you violate the foregoing promises and thereby cause any legal consequence, you shall independently undertake all of the legal liabilities in your own name and hold Xtra harmless from any loss resulted from such violation. During any transaction with other members, you will be in good faith, will not take any acts of unfair competition, will not disturb the normal order of online transactions, and will not engage in any acts unrelated to online transactions. You will not use any data on Xtra for commercial purposes, including but not limited to using any data displayed on Xtra through copy, dissemination or any other means without prior written consent of Xtra. You will not use any device, software or subroutine to intervene or attempt to intervene the normal operation of Xtra or any ongoing transaction or activities on Xtra. You will not adopt any action that will induce unreasonable size of data loading on the network equipments of Xtra. You acknowledge and agree: Xtra shall have the right to unilaterally determine whether you have violated any of the covenants above and, according to such unilateral determination, apply relevant rules and take actions thereunder or terminate services to you, without your consent or prior notice to you. As required to maintain the order and security of transactions on Xtra, Xtra shall have the right to close relevant orders and take other actions in case of any malicious sale or purchase or any other events disturbing the normal order of transaction of the market. If your violation or infringement has been held by any effective legal documents issued by judicial or administrative authorities, or Xtra determines at its sole discretion that it is likely that you have violated the terms of this agreement or the rules or the laws and regulations, Xtra shall have the right to publish on Xtra such alleged violations and the actions that having been taken against you by Xtra. As to any information you may have published on Xtra that allegedly violates or infringes upon the law, other’s legitimate interests or this agreement or the rules, Xtra shall have the right to delete such information without any notice to you and impose punishments according to the rules. As to any act you may have carried out on Xtra, including those you have not carried out on Xtra but have had impacts on Xtra and its users, Xtra shall have the right to unilaterally determine its nature and whether it constitutes violation of this agreement or any rules, and impose punishments accordingly. You shall keep all the evidence related to your acts on your own and shall undertake all the adverse consequences resulted from your failure to discharge your burden of proof. If your alleged violation to your promises causes any losses to any third party, you shall solely undertake all the legal liabilities in your own name and hold Xtra harmless from any loss or extra expenses. If, due to any alleged violation by you to the laws or this agreement, Xtra incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities, you shall indemnify Xtra against any losses and expense caused thereby, including reasonable attorney’s fee.
5. Scope and Limitation of Liability
Xtra will provide Xtra Service at an “as is” and “commercially available” condition. Xtra disclaims any express or implied warranty with regards to Xtra Service, however, including but not limited to applicability, free from error or omission, continuity, accuracy, reliability or fitness for a particular purpose. Meanwhile, Xtra disclaims any promise or warranty with regards to the effectiveness, accuracy, correctness, reliability, quality, stability, completeness and timeliness of the technology and information involved by Xtra Service. You are fully aware that the information on Xtra is published by users on their own and may contain risks and defects. Xtra serves merely as a venue of transactions. Xtra serves merely as a venue where you acquire coin related information, search for counterparties of transactions and negotiate and conduct transactions, but Xtra cannot control the quality, security or legality of the coin involved in any transaction, truthfulness or accuracy of the transaction information, or capacity of the parties to any transaction to perform its obligations under the transaction documents. You shall cautiously make judgment on your own on the truthfulness, legality and effectiveness of the coin and information in question, and undertake any liabilities and losses that may be caused thereby. Unless expressly required by laws and regulations or any of the following circumstances occurs, Xtra shall not have any duty to conduct preliminary review on information data, transaction activity and any other transaction related issues of all users: Xtra has reasonable cause to suspect that a particular member and a particular transaction may materially violate the law or agreement. Xtra has reasonable cause to suspect that the activities conducted on Xtra by a member may be illegal or improper. You acknowledge and agree, Xtra shall not be liable for any of your losses caused by any of the following events, including but not limited to losses of profits, goodwill, usage or data or any other intangible losses (regardless whether Xtra has been advised of the possibility of such losses): use or failure to use Xtra Service. unauthorized use of your account or unauthorized alternation of your data by any third parties. expenses and losses incurred from purchase or acquisition of any data or information or engagement in transaction through Xtra Service, or any alternatives of the same. your misunderstanding on Xtra Service. any other losses related to Xtra Service which are not attributable to Xtra. In no event shall Xtra be liable for any failure or delay of service resulted from regular equipment maintenance of the information network, connection error of information network, error of computers, communication or other systems, power failure, strike, labor disputes, riots, revolutions, chaos, insufficiency of production or materials, fire, flood, tornado, blast, war, governmental acts or judicial orders. You agree to indemnify and hold harmless Xtra, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to out of your violation this Agreement.
6. Termination of Agreement
You hereby agree that, Xtra shall have the right to terminate all or part of Xtra Service to you, temporarily freeze or permanently freeze (cancel) the authorizations of your account on Xtra at Xtra’s sole discretion, without any prior notice, for whatsoever reason, and Xtra shall not be liable to you; however, Xtra shall have the right to keep and use the transaction data, records and other information that is related to such account. In case of any of the following events, Xtra shall have the right to directly terminate this agreement by cancelling your account, and shall have the right to permanently freeze (cancel) the authorizations of your account on Xtra and withdraw the corresponding Xtra account thereof: after Xtra terminates services to you, you allegedly register or register in any other person’s name as Xtra user again, directly or indirectly; the main content of user’s information that you have provided is untruthful, inaccurate, outdated or incomplete; when this agreement (including the rules) is amended, you expressly state and notify Xtra of your unwillingness to accept the amended service agreement; any other circumstances where Xtra deems it should terminate the services. After the account service is terminated or the authorizations of your account on Xtra is permanently froze (cancelled), Xtra shall not have any duty to keep or disclose to you any information in your account or forward any information you have not read or sent to you or any third party. You agree that, after the termination of agreement between you and Xtra, Xtra shall still have the rights to: keep your user’s information and all the transaction information during your use of Xtra Service. Claim against you according to this agreement if you have violated any laws, this agreement or the rules during your use of Xtra Service. After Xtra suspends or terminates Xtra Service to you, your transaction activities prior to such suspension or termination will be dealt with according to the following principles and you shall will take care of on your own efforts and fully undertake any disputes, losses or extra expenses caused thereby and keep Xtra harmless from any losses or expenses: Xtra shall have the right to delete, at the same time of suspension or termination of services, information related to any un-traded coin tokens that you have uploaded to Xtra prior to the suspension or termination. If you have reached any purchase agreement with any other member prior to the suspension or termination but such agreement has not been actually performed, Xtra shall have the right to delete information related to such purchase agreement and the coins in question. If you have reached any purchase agreement with any other member prior to the suspension or termination and such agreement has been partially performed, Xtra may elect not to delete the transaction; provided, however, Xtra shall have the right to notify your counterparty of the situation at the same time of the suspension or termination.