IMPORTANT DISCLAIMERS AND RISK WARNING:
The content on this platform may include information, views and opinions posted by third parties. 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 BIT; 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 BIT of the views or opinions stated, or the reliability 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 BIT 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 BIT is not liable for any losses you may incur. The content on this platform shall not be construed as financial advice.
For more information, see our BIT User Agreement. For full terms and conditions applicable to the platform, see below.
A. INTRODUCTION
1. These terms (the “Terms”) relating to access to and use of BIT’s Feed Community Platform (“Platform”), is entered into between you, as a user of the Platform (“you”, “your” or “User”) and Smart Vega Holding Limited (“BIT”, “we”, our” or “us”). For clarity, these Terms apply to any and all persons who access and use the Platform, including (without limitation) users who we permit to post content on the Platform (in whichever language), and users who only access the Platform to view, comment, like, or re-post content on the Platform. Further, if you use the Platform on behalf of a company, organization, or other entity, then “you” includes you and that entity. You represent and warrant that (a) you are an authorized representative of the entity with authority to bind the entity to these Terms and (b) you agree to these Terms on the entity’s behalf.
2. You may post (if permitted by us to do so), comment, view, like and/or re-post content (“Platform Content”) available on the Platform. Your use and access to the Platform are 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: (A) 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; AND (B) CONFIRM THAT YOU ARE AT LEAST 18 OR ARE OF LEGAL AGE TO FORM A BINDING CONTRACT UNDER APPLICABLE LAWS.
B. POLICIES BY INCORPORATION
3. You also agree to be bound by all policies referenced and incorporated by reference herein, including, but not limited to the following (collectively, the “Policies”): BIT User Agreement, BIT Privacy Policy, and any other terms and conditions (including restrictions, if any), that may be notified to you by us from time to time in relation to your access to and use of the Platform.
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).
C. LICENCE
6. The Platform is owned and operated by BIT. Unless otherwise indicated, all content, information and other materials on the Platform (excluding User Content, as defined below in paragraph 7), including without limitation BIT’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 BIT or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by BIT, 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 or comments 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 clarity, such User Content shall also include any comments posted by you in response to User Content posted by others. All other users will be allowed to view, like, and re-post content available on the Platform. In all such instances, BIT 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 or comments 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 BIT 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 BIT 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.
(C) You will not take, or omit to take, any steps or conduct yourself in such a manner as to cause us to breach any third party intellectual property rights. Or cause us to be subject to any third party intellectual property rights infringement claims. Further, and upon our request at any time, you also agree to provide us with evidence to prove (to our sole and absolute satisfaction) that you have complied fully with these Terms. The Terms include but are not limited to your obligations under this clause.
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. BIT 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 licenses, registrations, and approvals to post User Content on the Platform (if applicable).
F. CONDUCT
11. You agree that: (a) you are solely responsible for your conduct while accessing or using the Platform (including when posting content or comments 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 (c) 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. Using accounts belonging to others to post content is also strictly prohibited.
12. All users of the Platform (whether permitted by us to post content or comments on the Platform or not) must comply with these Terms 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, or result in claims (third party or otherwise) against BIT;
j. Engage in any behaviors that: (i) can mislead others or disrupt the order of the BIT 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 BIT 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 or post comments 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 BIT 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: (A) Marketing is permitted at our discretion, provided no reference to it is being targeted at any particular country or country’s residents. If a post is sponsored, you shall expressly state so. (B) We reserve the right to reject, take down, or amend posts to ensure compliance with legal and regulatory requirements, and/or in response to any take-down requests that may be submitted to us by other third parties (such as but not limited to third parties who claim that they are the rightful intellectual property rights owner of content that you have posted). (C) The BIT Terms of Use governing your use of your accounts and BIT services generally, shall continue to apply. This includes, without limitation, all requirements applicable to account usage. In particular, BIT accounts can only be used by the account registrants. BIT reserves the right to suspend, freeze, or cancel the use of BIT accounts by persons other than account registrants. If you suspect or become aware of any unauthorized use of your username and password, you should notify BIT immediately.
G. EXCLUSION OF LIABILITY
14. BIT 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 BIT 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, 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 BIT 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 BIT 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 BIT’s RECORDS, PROGRAMS, OR SERVICES.
H. COPYRIGHT POLICY
16. BIT 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 【】 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.
I. TRADEMARKS
17. BIT, the BIT logos, and any other product or service name, logo, or slogan used by BIT (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 BIT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BIT, 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
18. Our rights under this clause are in addition and without prejudice to any other rights that we may have under the BIT User Agreement, or any other Policies and terms that may be applicable between us. We 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 at any time in our sole and absolute discretion, and for any duration as we deem appropriate, with or without cause or reason. Any such decision by us shall be final and non-appealable.
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;
(ii) your transmission of the User Content or your conduct generally infringes or violates any applicable laws and regulations, third party intellectual property rights, the terms and conditions applicable to you (which includes without limitation, these Terms, the BIT User Agreement and any other Policies), or any other requirements that BIT may impose from time to time; or
(iii) your User Content contains any material that may be inappropriate in our view, considering BIT principles and core values.
For clarity, our rights under clause J: (a) extends to a right to immediately restrict or take down any content; and (b) may be exercised by us at any time, in response to any take-down requests that may be submitted to us by other third parties (such as but not limited to third parties who claim that they are the rightful intellectual property rights owner of content that you have posted).
K. GENERAL
19. You shall be bound by all the terms set out in the BIT User Agreement and BIT Privacy Policy, which shall be read together with and supplemental to these Terms. Accordingly, the rights and protections afforded to us under the BIT User Agreement and BIT Privacy Policy shall equally apply and be additional to the rights and protections afforded to us under these Terms. For clarity, Section 8.3 of the BIT User Agreement on “Governing Law” and Section 8.4 “Competent Court” shall apply in its entirety to your access to and use of the Platform, as if the same were expressly set out in these Terms.
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.
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