Welcome to the “Users’ Coin Predictions” feature(
“UCP Feature”)owned and operated by Binance Operators, as defined in the Binance Terms of Use set forth here:
https://www.binance.com/terms (
“Binance Terms”).
Binance.com is a platform providing various products and services to global customers, which are subject to different laws and regulations in different jurisdictions. By making the UCP Feature available on Binance.com and/or any other Binance websites and applications, including but not limited to mobile applications (“UCP Feature”), Binance is not making, and shall not be regarded as having made or intended to make, an invitation or inducement to you to invest in any Binance products or services.
Please read these terms(“UCP Terms”)carefully as they govern your access to and use of the UCP Feature. If you do not agree to these terms or any other terms that are incorporated by reference herein (all of which, may be amended from time to time without further notice), please cease access immediately and do not continue to use the UCP Feature.
For clarity, your continued access to and use of UCP Feature shall constitute your acceptance of these UCP Terms and all other terms that are incorporated herein, including any updates or modifications to them from time to time.
1. ACCEPTANCE AND MODIFICATION OF UCP TERMS1.1 These UCP Terms (as updated from time to time) govern your access to and use of the UCP Feature, and are entered into by, and constitute a legally binding agreement between you (hereinafter referred to as “you” or “your”) and the relevant Binance Operator (hereinafter also referred to as “us” or “we”).
1.2 By accessing, downloading, using or attempting to use any Binance Services (as defined below) in any capacity, and/or by clicking on “I agree” to accept any Binance Services provided by Binance, you acknowledge and agree that: (a) you have read, understood, accepted and agree to be bound by these UCP Terms, our Binance Terms (the terms of which shall be fully incorporated by reference into these UCP Terms), and our Privacy Policy accessible here:
https://www.binance.com/privacy; (b) you are aware of, and shall assume all risks, associated with transactions involving crypto tokens; and (c) Binance shall not be liable for any such risks or adverse outcomes relating to the same.
1.3 We may change or amend these UCP Terms, or add new or remove existing features and change any part of the UCP Features, at any time at our sole and absolute discretion. In respect of any changes or amendments to these UCP Terms, such changes will be effective as of the “last revised” date referred to at the top of this page. In addition, you also acknowledge and agree that Binance may (but shall not be obliged) to notify you of any changes to the UCP Features or to these UCP Terms.In this regard, you agree and undertake to regularly refer to these UCP Terms and any other announcements that Binance may make from time to time, through any communication channels that Binance may deem fit.
2. DEFINITIONS2.1 Unless expressly defined in these UCP Terms, or where the context otherwise requires, all words and expressions used in these UCP Terms shall have the same meaning as defined in the Binance Terms. For clarity: (a)“Binance Services”as defined in the Binance Terms shall include the UCP Feature; and (b) in the event of any conflict between these UCP Terms and the Binance Terms, such conflict shall be resolved in a manner most favourable to Binance Operator, subject always to any restrictions, limitations or prohibitions under applicable law; and to the extent such conflict cannot be so resolved, the provisions in the Binance Terms shall prevail over these UCP Terms.
3. UCP FEATURES3.1 UCP Features contain content that is provided solely on an informational and illustrative basis, and on an “as is” and “as available” basis, without warranties of any kind.
3.2 Such content and features (which may be further supplemented or varied by us at our sole and absolute discretion at any time) may include: (a) information aggregated, obtained, crowd-sourced or derived from statistical services or other third party sources (such as but not limited to other Binance users); and (b) data computation and visualisation of possible crypto token price performance, based on information provided and/or collected from you or from other third party sources.
3.3 From time to time, we may also issue ad-hoc announcements or notices as part of the UCP Features, relating to the detection of unusual activities that may have an impact on the future price performance of crypto tokens (“Unusual Activity Announcements”) (if any such activities have come to our attention). For the avoidance of doubt however, please note that the issuance of any such Unusual Activity Announcements (if any) is not intend to, and shall not be construed as, an assumption of a duty of care on our part to keep you notified of any and all such unusual activities.
3.4 Nothing in the UCP Features is intended to, and shall not be construed as, providing any information relating to securities of any form, units in a business trust, units in a collective investment scheme or any other form of regulated investment or investment product, in any jurisdiction.The UCP Features are also not, and are not intended to, constitute a prospectus or offer document of any sort, and are not intended to constitute an offer of securities of any form, units in a business trust, units in a collective investment scheme or any other form of regulated investment or investment product, or a solicitation for any form of regulated investment or investment product in any such jurisdiction.
4. YOUR OBLIGATIONS4.1 You acknowledge and agree:
(a) to fully comply with all your obligations as set out in these UCP Terms and any other terms that may be incorporated herein (as amended from time to time);
(b) that unless expressly permitted by these UCP Terms, you will not to copy, retransmit, reproduce, create derivative works or exploit content from the UCP Features without our prior written permission; and
(c) you are solely responsible for conducting your own due diligence to ensure that you are alert to any unusual activities in the market, which may impact on crypto token price performance. This also includes making regular and prompt checks to ensure that you are kept up to date on any and all Unusual Activity Announcements that may have been released by us from time to time (if any). Binance will not be held liable or responsible in any manner of compensation should you incur personal losses arising from ignorance or negligence of these Unusual Activity Announcements.
5. DISCLAIMERS & EXCLUSIONS5.1 You acknowledge and agree that content made available through the UCP Features is for your own personal reference only, and that such content:
(a) are not guaranteed to be reliable, accurate or complete, and does not take into account whether any transaction is suitable for a particular person;
(b) are not intended to constitute recommendations or investment advice to you;
(c) does not constitute a provision of any form of advisory services to you, regarding investment, tax, legal, financial, accounting, consulting or otherwise;
(d) are not endorsements of, guarantees or representations to you, as regards the future price performance of crypto tokens;
(e) are not recommendations to you to buy, sell or hold any particular crypto token asset whether now or in the future;
(f) may have been aggregated, obtained, crowd-sourced or derived from statistical services or third party sources.
5.2 Accordingly, you acknowledge and agree that content made available through the UCP Features shall not be relied upon by you, or form your basis for making any investment decision, or be construed as a recommendation by us to engage in any particular transaction or investment strategy. You have been advised, and agree, to conduct your own research and make your own investment decisions, having regard to your own personal and financial circumstances.
5.3 Where the content made available to you through the UCP Features were aggregated, obtained, crowd-sourced or derived from statistical services or third party sources (such as but not limited to other Binance users), you further acknowledge and agree that such information may not be reliable, accurate or complete, and that Binance Operator(s) shall not be responsible to you for any such information.
5.4 To the maximum extent permitted under applicable law, Binance Services, Binance materials and any product, service or other item provided by or on behalf of Binance (including but not limited to any and all content made available to you via the UCP Features) are offered on an “as is” and “as available” basis, and Binance expressly disclaims, and you agree to 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, Binance does not represent or warrant that the site (including its UCP Features), Binance Services or Binance materials (including but not limited to any and all content made available to you via the UCP Features) are accurate, complete, reliable, current, error-free, or free of viruses or other harmful components.Except for the express statements, agreements and rules set forth in these UCP 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 Binance Services. Without limiting the foregoing, you hereby understand and agree that Binance will not be liable for any losses or damages arising out of or relating to: (a) any inaccuracy, defect or omission of crypto token 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 Binance 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 Binance; and (g) other exemptions mentioned in disclaimers and platform rules issued by Binance.
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.
6. RISK DISCLOSURE6.1 You understand and acknowledge that crypto token investments constitute high risk investments, as their price performance may fluctuate widely and may even become worthless. They are not appropriate for all investors and you should consider whether they are suitable for you in light of your financial situation. You should only engage in crypto token investments if you are prepared to accept the risk of losing all your initial investment.
6.2 By agreeing to these UCP Terms, you acknowledge that we are not responsible for the risks mentioned in these UCP Terms, and you voluntarily assume and accept such risks in deciding whether to carry out crypto token investments.
7. LIMITATION OF LIABILITIES7.1 To the maximum extent permitted by applicable law, in no event will Binance, 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 Binance Services (including UCP Features), any performance or non-performance of Binance Services,or any other product, service or other item provided by or on behalf of Binance and its affiliates, whether under contract, statute, strict liability or other theory even if Binance 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 Binance’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 Binance, 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 Binance and its affiliates, any performance or non-performance of Binance 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 Binance for access to the UCP Features in the twelve-month period immediately preceding the event giving rise to the claim for liability (if any).
8. INDEMNIFICATION8.1 You agree to indemnify and hold harmless Binance 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, Binance Services (which includes use of UCP Features), (ii) your breach or our enforcement of these UCP Terms, or(iii) your violation of any applicable law, regulation, or rights of any third party during your use of Binance Services. If you are obligated to indemnify Binance Operators, their affiliates, contractors, licensors, and their respective directors, officers, employees or agents pursuant to these terms, Binance will have the right, in its sole discretion, to control any action or proceeding and to determine whether Binance wishes to settle, and if so, on what terms.
9. RESOLVING DISPUTES: FORUM, ARBITRATION, CLASS ACTION WAIVER9.1 Section X of the Binance Terms on “Resolving Disputes: Forum, Arbitration, Class Action Waiver” shall apply in its entirety to your access to and use of the UCP Features, as if the same were expressly set out in these UCP Terms.