Binance Feed Community Platform Terms and Conditions
Last Revised Oct 31, 2022
IMPORTANT DISCLAIMERS AND RISK WARNING:
The content on this platform may include information, views and opinions posted by third parties. Some of these third parties may also be remunerated by us, based on the popularity of their posts (i.e. ‘likes’ received). At all times, however, please note that: (a) such content is presented to you on an “as is” basis for general information purposes only, without representation or warranty of any kind; (b) such content, views, comments and/or opinions posted on the platform belong to these third party posters, and do not purport to reflect the views, comments or opinions of Binance; and (c) correspondingly, the posting of such content by third parties on our platform is not intended to be and shall not be construed as (nor will you represent the same to any other third parties as) an endorsement by Binance of the views or opinions stated, or the reliabillity or accuracy of the information specified therein.
We shall therefore not be liable or responsible for any errors or omissions, or for the results obtained from your use of such information. Where such content includes links to third-party sources, please also note that such links and the contents stated therein are also not under our control. We shall likewise not be responsible for the reliability and accuracy of such third-party sites and their contents. You are solely responsible for your own decisions in this regard, and we do not assume any duty of care, responsibility or liability for any losses that you may suffer.
Please also note that: (a) Not all Binance products and services (if any are referred to) are available in your region; and (b) Digital asset prices can be volatile. The value of your investment may go down or up and you may not get back the amount invested. You are solely responsible for your investment decisions and Binance is not liable for any losses you may incur. The content on this platform shall not be construed as financial advice.
2. You may post (if permitted by us to do so), view, like and/or re-post content (“Platform Content”) available on the Platform. Your use and access of Platform is conditioned upon your acceptance of these Terms (as may be amended from time to time). BY ACCESSING OR OTHERWISE USING THE PLATFORM IN ANY WAY (INCLUDING, WITHOUT LIMITATION POSTING CONTENT IF PERMITTED BY US TO DO SO), YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND ACCEPTED THE PROVISIONS OF THESE TERMS (AS MAY BE AMENDED FROM TIME TO TIME), AND ANY OTHER APPLICABLE TERMS AND CONDITIONS WHICH MAY BE DEEMED INCORPORATED HEREIN.
B. POLICIES BY INCORPORATION
4. Please carefully read each Policy and the Terms. All references to the Terms hereinafter will mean the Terms and the Policies, taken together, unless expressly stated otherwise. If you do not agree to be bound by the Terms or to comply with our Policies, do not use or access the Platform.
5. We are constantly improving our services, including the Platform, and periodically we will need to revise or amend the Terms or the Policies to reflect those improvements. Accordingly, we reserve the right at our sole and absolute discretion to amend the Terms, and the Policies, at any time for any reason without liability. It is your sole responsibility to review these Terms and Policies from time to time to view any such changes. Continuing to access or use the Platform will constitute your acceptance of any revised or amended Terms or Policies. If you do not agree to any revisions or amendments to the Terms or the Policies, you should stop using the Platform. For clarity, references to use of the Platform in these Terms, will include the use of this Platform to post content (if you are permitted by us to do so).
6. The Platform is owned and operated by Binance. Unless otherwise indicated, all content, information and other materials on the Platform (excluding User Content, as defined below in paragraph 7), including without limitation Binance’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of Binance or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by Binance, by agreeing to these Terms you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Platform for your personal use or internal business use only.
D. USER CONTENT
7. As a user permitted by us to post content on the Platform, and subject to these Terms, you will be allowed to create, post, transmit, perform, or store content, messages, text, images or other data or materials on the Platform (“User Content”). For all other users, you will be allowed to view, like, and re-post content available on the Platform. In all such instances, Binance retains the right, at its sole and absolute discretion: (i) to determine what content and which language is allowed for publication on the Platform; (ii) to edit, remove, take down or block any content that is proposed to be published or had already been published on the Platform; and (iii) to terminate, suspend or restrict any and all of your access rights and privileges to the Platform.
8. Unless agreed otherwise, and whether as a user permitted by us to post content on the Platform or otherwise, you agree that:
(A) All feedback, ideas, suggestions and/or proposals submitted by you to us, in relation to the Platform (which includes, but is not limited to, matters relating to the quality of the Platform service and the scope of its offerings) belong to us in their entirety, and we have full rights and entitlement to use the same for any purpose without an obligation to make any compensation to you (including implementing these feedback, ideas, suggestions and/or proposals for the purpose of improving the Platform service offerings).
(B) If you submit, transmit, display, post, or store User Content using our Platform, you grant Binance and its sub-licensees an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (i) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such piece of User Content (including without limitation for promoting and redistributing part or all of the Platform and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (ii) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that Binance and its sub-licensees are allowed to use them to the extent indicated in these Terms. Further, you also agree that other users of the Platform may (and we may allow these other users to) view, like and/or re-post your User Content on other platforms.
9. You are solely responsible for your User Content and the consequences of posting, publishing or re-posting it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content (or your re-post of the same) does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any intellectual property rights, or (b) defame any other person. Binance reserves all rights and remedies against any users who breach these representations and warranties. To the fullest extent permitted by applicable law, you also agree to indemnify us and to hold us harmless 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 your use of, or conduct in connection with, your access to and use of the Platform. For clarity, our right of indemnification under this clause: (1) is in addition to the rights and protections afforded to us under these Terms and any other applicable Policies or terms that are binding between the parties; and (2) includes a right to be fully indemnified against any third party claims that may arise in respect of and in connection with User Content submitted by you or your conduct generally (including re-posting User Content to other platforms), such as but not limited to claims relating to infringement of third party intellectual property rights.
E. COMPLIANCE WITH LAWS
10. You agree to comply with all applicable laws, rules and regulations regarding the User Content and your use of the Platform. You represent and warrant that you have all such licences, registrations, and approvals to post User Content on the Platform (if applicable).
11. You agree that: (a) you are solely responsible for your conduct while accessing or using the Platform (including when posting content on the Platform, viewing, liking and/or re-posting content from the Platform to other platforms); (b) you will comply with any other terms and conditions (including restrictions, if any), of which you may be notified from time to time (the terms of which shall also be deemed incorporated into these Terms), in relation to your access to and use of the Platform; and (d) if we have permitted you to post content on the Platform, you will not share such access rights with and permit any other person (not permitted by us) to post content on the Platform under your name.
12. All users of the Platform (whether permitted by us to post content on the Platform or not) must comply with these Terms, the Community Guidelines and the Policies and any other requirements as may be notified by us from time to time. As such a user, you also agree in particular that you will not:
a. create, upload, transmit, distribute, or store any content that prohibited by us (as may be notified to you from time to time) or content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
b. impersonate any person or entity; falsely claim an affiliation with any person or entity or perform any other similar fraudulent activity;
c. send junk mail or spam to users of the Platform;
d. defame, harass, abuse, threaten, or defraud users of the Platform, or collect or attempt to collect, personal information about users or third parties without their consent;
e. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform or any part thereof;
f. interfere with or damage the operation of the Platform by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
g. attempt to indicate in any manner, without our prior written permission, that we have endorsed you, your views or comments or opinions, or any products or services mentioned by you for any purpose;
h. represent yourself as giving financial advice or instructions to viewers or followers on how to trade;
i. conduct yourself in a manner that may cause damage or harm to, or discredit, our or our brand’s reputation, or that may result in adverse publicity to us or our brand;
j. Engage in any behaviors that: (i) can mislead others or disrupt the order of the Binance community, such as batch registration, buying and selling accounts, generating false comments, likes, votes or influence manually or through the use of a click farm program or machine; or (ii) seriously endanger the legitimate rights and interests of others and the Binance community generally.
k. use Platform for any illegal purpose, or in violation of any applicable local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy;
l. Share, post or endorse any false or misleading information, or information that you know cannot be verified or substantiated;
m. Make any false or fraudulent claims or statements, including but not limited to false or misleading statements about historical market performance (e.g. exaggerating or fabricating information/data, etc);
n. Post any fraudulent promotion, marketing information or advertising, or content that is objectionable in our view, for the purpose of defrauding or misleading others, or as a means of seeking improper profits.
o. Post information with the intent of manipulating the market;
p. Publish potentially dangerous content or using third-party websites to forge jump links, such as phishing sites, trojans, virus sites, etc.;
q. Provide or induce other users to engage in illegal or unethical activities; and
r. Force, induce or hire other users to follow an account, click on a link, share information, or to like, share or comment on any posts or article.
13. As a user permitted to post content on the Platform, you also additionally agree that unless approved and authorized by us in advance, you will not: (a) post or share any referral link of Binance or any competitor exchange in your content; (b) refer to, target or seek to make any promotions directed at users in any one particular or specific country; and (c) post any QR codes on the Platform. For clarity, marketing is permitted at our discretion, provided there is no reference to it being targeted at any one particular country or country’s residents. If a post is sponsored, you shall expressly state so. We reserve the right to reject, take down, or amend posts to ensure compliance with legal and regulatory requirements.
G. EXCLUSION OF LIABILITY
14. Binance takes no responsibility and assumes no liability for any User Content or your access to and use of the Platform, or for any loss or damage resulting therefrom, nor is Binance liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using (or after you have used) the Platform. Your use of the Platform (including for the purpose of posting your content, if permitted by us to do so) is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Platform will not contain any content that is prohibited by such rules. For clarity, you also agree that while we will implement reasonable measures to ensure that User Content made available by or to you through the Platform are not subject to unauthorized copying, use or redistribution by other third parties, or that they comply with the requirements as set out in these Terms, the Community Guidelines and the Policies, we do not guarantee the same, and we shall not be liable for any losses or damage that may be caused to you, in the event of such an eventuality. You also acknowledge and agree to all the relevant disclaimers and risk warnings, insofar as they relate to the Platform and your access or usage of the same.
15. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BINANCE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PLATFORM INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BINANCE OR THE PLATFORM, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE PLATFORM OR BINANCE’s RECORDS, PROGRAMS, OR SERVICES.
H. COPYRIGHT POLICY
16. Binance respects the intellectual property of others. If you are the copyright owner or agent thereof and believe that content posted on the Platform infringes upon your copyright, please submit a notice to email@example.com by providing the following information:
a. Identification of the copyright that is claimed to be infringed;
b. Identification of the allegedly infringing material that is requested to be removed, including a description of where it is located;
c. Information for us to contact you, such email address and telephone number;
d. Explanation and supporting documents to support your claim that the infringing use is not authorized by the copyright owners, its agent or the law;
e. A statement that the information provided is accurate and that you are the copyright owner or the authorized person to act on behalf of the copyright owner.
17. BINANCE, the BINANCE logos, and any other product or service name, logo, or slogan used by Binance (including but not limited to those relating to the Platform), may not be used in whole or in part in connection with any product or service that is not Binance’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Binance, without our prior written permission.
J. TERMINATION, SUSPENSION AND RESTRICTION OF ACCESS OR USAGE RIGHTS & TAKE DOWN OF CONTENT POSTED OR PROPOSED TO BE POSTED
In addition, we shall also have the right to immediately terminate, suspend or restrict your access and/or usage rights to the Platform (whether in whole or in part), and to edit, delete or take down any User Content (or part thereof) that you may have submitted or posted (or are intending to submit or post) on the Platform, if we have grounds to believe that:
(i) you have engaged in (or are intending to engage in) unlawful acts using the Platform;
(iii) your User Content contains any material that may be inappropriate in our view, considering Binance principles and core values.
20. These Terms written in the English language may be translated into other languages. In the event of any conflict between this English language version and other translated versions of these Terms, this English language version shall prevail.
Users of the Platform (whether or not you are a user that is permitted to post content on the Platform) must observe the following guidelines. These are common sense guidelines that apply to all users and users’ activities associated with users’ access to and use of the Platform. We will update this document regularly based on the development of the Platform community and services, and such terms shall be deemed incorporated into the Binance Feed Community Platform Terms and Conditions, and you agree to be bound by the same.
In order to maintain the Platform community, we reserve the right to deactivate any account, or deny access to any user, at any time for any behavior that is determined to be inappropriate or harmful. Possible actions include: deleting content and revoking access and usage rights.
Please read these Community Guidelines and all other terms that are applicable to you carefully. Continuing to access or use the Platform will constitute your acceptance of our Community Guidelines and the applicable terms. If you do not agree, you should stop accessing and/or using the Platform.
(1) Illegal Behavior
When using our Platform service, you must comply with all applicable local, national/regional and international laws. Any content or activity that focuses on illegal activities, encourages, provides, or abets others to participate in illegal activities is prohibited.
You also agree to immediately comply with any further instructions that we may issue to you from time to time, in relation to your use of the Platform (including but not limited to the type of content or the removal of links that you may have referred to as part of your content posted, or to be posted, on the Platform), insofar as such instructions are required by us to ensure that our Platform, and your use of the same, remains compliant with applicable legal and regulatory requirements.
(2) Self-Destructive Behavior
Any behavior that endangers one's own life or mutilates one's own body is prohibited. This includes, but is not limited to: suicide threats, intentional bodily harm, use of illegal drugs and excessive drinking or drinking illegal alcohol, and dangerous or distracted driving. No exceptions to such behaviors will be made as long as these self-harming behaviors can reasonably be inferred to cause bodily harm for the sake of stunts, pranks, or other forms of entertainment.
(3) Calling Trades With Improper Intent
Strongly recommending digital currencies listed on Binance, calling trades, and instigating users to purchase specific currencies with the intent of manipulating the market is strictly prohibited. You also agree to comply with any other terms and conditions and guidelines (including restrictions, if any), that may be conveyed to you from time to time (the terms of which shall also be deemed incorporated into these Terms), in relation to the content that you intend to transmit using the Platform.
(4) Directing Behavior
Excessively publicising and directing others towards Binance's direct and indirect competitors is prohibited.
Content depicting, glorifying, admiring or supporting terrorist/violent extremist acts or behaviors is prohibited, including making threats or encouraging others to commit acts that may cause serious bodily harm or major property damage to the population.
(6) Hateful Behavior and Harassment
Hateful behavior and harassing language and behavior are not permitted. Hateful behavior refers to any content or activity that promotes or encourages discrimination, degradation, harassment, or violence against the protected characteristics of others. These characteristics include: race, ethnicity, color, caste, ancestry, immigration status, religion, sexual behavior, gender, gender identity, sexual orientation, disability, serious illness, and veteran status, etc. You must also refrain from conducting yourself in such a manner as to humiliate, abuse, attack, disrespect, harass, intimidate, threaten or slander other users of the Platform; or to provoke conflict and deliberately cause quarrels in the Binance community or the Platform generally.
(7) Protect your identity
We want our users to feel safe when sharing content on the Platform which is why we encourage you to let us know if any contents on the Platform (or re-posted content from the Platform) violate your privacy or sense of safety.
If someone posted your personal information without your knowledge (including in private or sensitive circumstances), ask the uploader to remove the content. If you can’t reach an agreement with the uploader, or if you are uncomfortable contacting them, you can request to have the content removed by contacting us at firstname.lastname@example.org, giving a detailed explanation of the facts and description of the situation. The DPO team will assess the case.
For content to be considered for removal an individual must be uniquely identifiable and that individual, or their legal representative, must submit the complaint. When assessing if an individual is uniquely identifiable, we consider the following factors:
-Image of voice.
-Other personally identifiable information.
(8) How you can protect your Privacy on the Platform
(9) Unauthorized Sharing of Personal Information
Infringement of the privacy of others is prohibited. Sharing content that may reveal personal privacy of other person or private property without permission is prohibited. This includes but is not limited to:
* Sharing personal identification information (such as real name, location, or ID).
* Sharing restricted or protected personal social media profiles or any information in such profiles.
* Sharing content that infringes on what can reasonably be understood to be private content belonging to others.
Impersonating another individual's or organization's content or activities is prohibited. Any impersonation of Binance personnel will not be tolerated. Such behavior will result in being banned.
(11) Nudity, Pornography, and Other Obscene Content
Nudity and other obscene content or activities such as pornography, sexual acts or intercourse, and sexual services are prohibited.
Content or activities that threaten or promote sexual violence or abuse are strictly prohibited.
Sexually suggestive content or activities are prohibited.
(12) Extreme Violence, Blood, and Other Indecent Acts
Excessive focus on extreme or unreasonable bloody and violent content is prohibited.
(13) Intellectual Property
Examples of content that cannot be shared on the Platform without the permission of the copyright owner or without legal permission include:
* Content from other Platform content creators.
* Pirated games or unauthorized private server content.
* Content from other websites (subject to all applicable terms, incorporating links to 3rd party websites as part of your content posted on the Platform, is however permitted).
* Movies, TV shows, or sports events.
* Music that does not belong to you or that you do not have the right to share.
(14) Independent Views and Opinions. No endorsement by Binance
In no circumstances should you attempt to indicate in any manner, without our prior written permission, that you are an employee of Binance or that we have endorsed your views or opinions, or any products or services mentioned by you for any purpose.