These Bitfinex Pulse Terms of Service supplement, and form part of, our standard terms of service, the current version of which is located at: https://www.bitfinex.com/legal/exchange/terms (“Terms of Service”), which includes terms and conditions governing your access to and use of our application programming interfaces, the current version of which is located at: https://www.bitfinex.com/legal/general/api-terms (“API Terms of Service”). Accordingly, capitalized terms used, but not defined in these Bitfinex Pulse Terms of Service, have the meanings set out in the Terms of Service. Further details regarding the Bitfinex Pulse Service can be found at https://bitfinex.com/pulse (the “Bitfinex Pulse Service Homepage”), including any guidelines, policies or user code of conduct referenced therein (the “Bitfinex Pulse Service Code of Conduct”).
Use of the Bitfinex Pulse Service
- Use of the Bitfinex Pulse Service. Subject to your compliance with the terms and conditions hereunder, you may use the Bitfinex Pulse Service solely in accordance with these Bitfinex Pulse Terms of Service and the Bitfinex Pulse Service Code of Conduct.
- Features and Functionality May Vary Depending on Account. The features and functionality of the Bitfinex Pulse Service available to you may vary at our discretion, depending on your account on the Service. For example, you may be restricted from making pulses that are publicly viewable until you have been authenticated by us.
- API Access to the Bitfinex Pulse Service. Your access to and use of the Bitfinex Pulse Service through our application programming interfaces will be governed by our API Terms of Service in additional to these Bitfinex Pulse Terms of Service.
- Changes to the Bitfinex Pulse Service. We reserve the right to change the Bitfinex Pulse Service at any time and without notice. It is your responsibility to review these Bitfinex Pulse Terms of Service and the Bitfinex Pulse Service Homepage regularly.
- Suspension or Revocation of Access. Notwithstanding the foregoing, we retain the right, at our sole discretion, to suspend or revoke your access to, or use of, the Bitfinex Pulse Service, at any time and for any reason, including for: (i) violation of these Bitfinex Pulse Terms of Service or the Bitfinex Pulse Service Code of Conduct; (ii) scheduled maintenance; or (iii) addressing any emergency security concerns.
Restrictions on Use of the Bitfinex Pulse Service. You may only access or use the Bitfinex Pulse Service as expressly permitted under these Pulse Terms of Service. Without limiting the generality of the foregoing, you will not:
- access or use the Bitfinex Pulse Service in violation of any applicable Law;
- modify, decompile, reverse engineer, or otherwise alter the Bitfinex Pulse Service;
- access or use the Bitfinex Pulse Service in any matter that may threaten the security or functionality of the Bitfinex Pulse Service or the Services;
- access or use the Bitfinex Pulse Service to circumvent the intended features, functionality or limitations of the Services;
- perform any vulnerability, penetration or similar testing on the Bitfinex Pulse Service; or
- develop any product or service that is competitive to the Bitfinex Pulse Service or that otherwise replicates or attempts to replicate any part of the Bitfinex Pulse Service.
Bitfinex Pulse Bios
- Your Bitfinex Pulse Bio. The Bitfinex Pulse Service may permit you to create a user biography that contains your pulse username and other details about yourself (a “Bitfinex Pulse Bio”) that will be accessible and displayed publicly, including to other users of the Bitfinex Pulse Service. Accordingly, we strongly encourage you to carefully consider the information you include in your Bitfinex Pulse Bio and refrain from including any information you do not wish to publicly disclose.
Your Bitfinex Pulse profile will display users that you are following or that are following you.
- Disclaimer of Accuracy of Bitfinex Pulse Bios. You acknowledge and agree that your access, use or reliance on the Bitfinex Pulse Bios of other users is entirely at your own risk and that you may be exposed to Bitfinex Pulse Bios that are inaccurate, fake, fraudulent, misleading or deceptive. We do not guarantee the completeness, accuracy, or reliability of any Bitfinex Pulse Bios.
- Responsibility for Your Pulses. You acknowledge and agree that you are fully responsible for any data or information that you create, submit, or post to or through the Bitfinex Pulse Service (“your pulses”).
- Private and Public Pulses. The Bitfinex Pulse Service may permit you to create both private pulses that are viewable by you as well as public pulses that are viewable by other users of the Bitfinex Pulse Service as well as others on the Internet. If you are a verified user, your pulses will be publicly available by default (which you may change by updating the pulse status). While the Bitfinex Pulse Service may permit you to update or delete your pulses after they have been made public, you acknowledge and agree that we cannot guarantee that publicly available pulses can be removed from public circulation or that they have not been saved or cached by users of the Bitfinex Pulse Service or others on the Internet.
- Pulse Notifications. You acknowledge and agree that we may provide notices and messages to you within the Bitfinex Pulse Service, including to provide you with updates regarding your use of the Bitfinex Pulse Service such as users that you are following or that are following you.
- Presentation of Pulses. The presentation, order and priority of pulses that are presented to you through the Bitfinex Pulse Service may be influenced by a number of factors, including the timing of when pulses were created by others and users of the Bitfinex Pulse Service that you are following. While we may prioritize pulses that we reasonably determine may be of relevance to you, we do not guarantee they will be of relevance nor do we endorse the content of any pulses that are presented.
- DISCLAIMER OF PULSE CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS, USE OR RELIANCE ON PULSES MADE AVAILABLE ON OR THROUGH THE BITFINEX PULSE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT YOU MAY BE EXPOSED TO PULSES THAT MAY BE OFFENSIVE, HARMFUL, FRAUDULENT, MISLEADING, DECEPTIVE OR OFFENSIVE. NEITHER WE NOR THE PERSON WHO SHARES THE PULSE ENDORSE NOR GUARANTEE THE COMPLETENESS, ACCURACY, OR RELIABILITY OF ANY PULSES. BITFINEX DOES NOT PROVIDE ANY INVESTMENT, PORTFOLIO MANAGEMENT, LEGAL, ACCOUNTING, TAX OR OTHER ADVICE, OR ADVICE ON TRADING TECHNIQUES, MODELS, ALGORITHMS OR ANY OTHER SCHEMES.
WITHOUT LIMITING THE FOREGOING:
- TRADING INFORMATION. GIVEN THE NATURE OF THE BITFINEX SERVICE, PULSES MAY CONTAIN CONTENT RELATING TO A USER’S TRADING STRATEGIES, ACTIVITY, POSITIONS, PORTFOLIO COMPOSITIONS, AND OTHER INFORMATION RELATED TO THE TRADING OF CRYPTOCURRENCIES. SUCH PULSE CONTENT IS NOT ENDORSED BY US AND DOES NOT REFLECT OUR VIEWS OR OPINION. YOU SHOULD USE YOUR SOUND JUDGEMENT WHEN VIEWING THE CONTENT OF PULSES AND, AS APPROPRIATE, SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL BEFORE MAKING ANY TRADING OR INVESTMENT DECISIONS.
- DEFINITIONS AND SUMMARIES OF TERMS CONTAINED WITHIN PULSES. WHEN YOUR CURSOR HOVERS OVER A WORD, TERM OR PHRASE CONTAINED WITHIN A PULSE, WE MAY PRESENT TO YOU DEFINITIONS, EXPLANATIONS OR RELATED INFORMATION, INCLUDING IN THE FORM OF A POP-UP BOX OR WINDOW (“POP-UP CONTENT”). POP-UP CONTENT IS PROVIDED BY THIRD PARTIES NOT AFFILIATED WITH US AND PROVIDED FOR YOUR CONVENIENCE ONLY. ACCORDINGLY, WE DO NOT ENDORSE NOR DO WE TAKE RESPONSIBILITY FOR ANY POP-UP CONTENT.
Your Pulses.You represent and warrant that you have all rights necessary under applicable Laws to create, submit or post your pulses to the Bitfinex Pulse Service. You will ensure that your pulses will not:
- be fraudulent, misleading or deceptive;
- be illicit, obscene, pornographic or overtly sexual;
- encourage violence, terrorism, endangerment, harm, violence, abuse, exploitation to individuals, racial, religious or ethnic discrimination, or any other actions generally viewed as inappropriate or offensive;
- infringe on any third-party rights, including the intellectual property rights or rights of publicity or privacy;
- be defamatory, libelous, objectionable, mean-spirited, bullying, threatening, harassing, discriminatory , or otherwise hateful;
- reflect negatively on us, our Affiliates, the Services, the Bitfinex Pulse Service, or any other product and services of ours or our Affiliates;
- contain any viruses or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system or data;
- be intended to, or reasonably have the effect of, manipulating market behavior;
- otherwise violate any applicable Law; or
- violate the Bitfinex Pulse Service Code of Conduct.
- Good Faith Efforts to Report Inappropriate Pulses. If you have reason to believe that any pulses violate these Bitfinex Pulse Terms of Service or the Bitfinex Pulse Service Code of Conduct, infringe the rights (including the intellectual property rights such as copyright) of yourself or others, or constitute a violation of any applicable Law, you will promptly report such pulses to us by clicking on the ‘report button’ accessible through the Bitfinex Pulse Service.
- Our Right to Remove Pulses. We, at our sole discretion, may remove any pulses, including if we believe such pulses violate these Bitfinex Pulse Terms of Service, the Bitfinex Pulse Service Code of Conduct, or may infringe the rights, including intellectual property rights, of any person.
- Your Rights to Pulses. As between us, and subject to Section 8 (Ownership), you retain your rights in and to all pulses that you submit, post, or display through the Bitfinex Pulse Service.
- Our Right to Use Pulses That You Post. You grant to us an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, fully paid-up, transferable and sublicensable license to access, collect, store and use: (i) your pulses; and (ii) any other data, information, records and files that we collect from your usage of Bitfinex Pulse Service, to: (1) develop, enhance and make available the Bitfinex Pulse Service and the Services; and (2) to produce data, information or other materials that are not identified as relating to you or any particular individual or company (such data, information and materials, the “Aggregated Statistical Information”).
Tipping lets anyone reward verified Bitfinex Pulse users at their discretion using certain supported Digital Tokens (as set out below). Only verified Bitfinex Pulse users can receive tips. Verified Bitfinex Pulse users can enable the tipping function from their Bitfinex Pulse account. The “Tip” button is usually displayed on the Bitfinex Pulse footer roll-over, when hovering over a verified Bitfinex Pulse user’s profile or when visiting a verified Bitfinex Pulse user’s profile.
The Bitfinex Pulse Service currently supports the following Digital Tokens for tipping: Tether (USDt) on Ethereum/Tron/OmiseGo/EOS/Algorand, Unus Sed LEO on Ethereum and Bitcoin on the Lightning Network (LNX). We reserve the right to change these Digital Tokens at any time without notice. You are responsible for any fees incurred on the relevant network protocol for transferring the tipped amount.
By using the tipping function on the Bitfinex Pulse Service you acknowledge that your wallet address will be available publicly. You are solely responsible for ensuring that any tips, and the tip amount, are correct and sent to the wallet address of the chosen user. We are not responsible for any misdirected tips. No refunds are available.
To the extent permitted by law, Bitfinex disclaims liability, whether based in contract, tort, negligence, strict liability or otherwise, for damages of any kind (including, but not limited to, direct, indirect, incidental, consequential, special, punitive or exemplary damages) in any way arising from the functionality or operation of the tipping function on the Bitfinex Pulse Service, including, but not limited to, damages arising from interruptions of service or delays in operation or transmission.
We reserve the right to discontinue the tipping function at any time without notice.
Communications Not Confidential
Your use of the Bitfinex Pulse Service requires the transmission of data and information over the Internet and public networks. Accordingly, we do not, and cannot, guarantee the confidentiality, security or reliability of any communications made by you through the Bitfinex Pulse Service.
Third Party Services, including Twitter
Linking to the Bitfinex Pulse Service Homepage
You may link to Bitfinex Pulse Service Homepage or refer to any content referenced on the Bitfinex Pulse Service, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on the part of Bitfinex where none exists.
We reserve the right to withdraw linking permission without notice.
All rights (including intellectual property rights), title and interest in and to the Bitfinex Pulse Service, Bitfinex Pulse Service Homepage, Aggregated Statistical Information, and all other materials provided by us hereunder, and any update, adaptation, translation, customization or derivative work thereof, will remain with us (or our third party suppliers, if applicable). The Bitfinex Pulse Service and all materials provided by us hereunder are licensed and not “sold” to you. All rights not expressly granted to you in these Pulse Terms of Service are reserved.
Representations, Warranties and Indemnities
- Representation and Warranty Regarding Your Pulses. You represent and warrant to, and covenant with us that your pulses will only contain data and information (including, if applicable, Personal Information) in respect of which you have obtained all applicable third party consents and permissions and otherwise have all authority, in each case as required by applicable Laws, to enable us to make available the Pulse Service and exercise our rights under these Bitfinex Pulse Terms of Service.
- Indemnity Regarding Your Use of The Bitfinex Pulse Service. You will defend, indemnify and hold harmless us and all of our officers, directors, employees, contractors and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees arising out of or in connection with: (i) Your Pulses; (ii) your breach of applicable Laws or your representations or warranties hereunder; or (iii) your use of the Bitfinex Pulse Service contrary to these Bitfinex Pulse Terms of Service or the Bitfinex Pulse Service Code of Conduct.
In the event of any conflict or inconsistency between these Bitfinex Pulse Terms of Service, the API Terms of Service or the Terms of Service, these Bitfinex Pulse Terms of Service will prevail to the extent of such conflict or inconsistency in respect of the Bitfinex Pulse Service, except that for the purposes of these Bitfinex Pulse Terms of Service, the term “Services” will, for greater clarity, include making available the Bitfinex Pulse Service to you.
Changes to Bitfinex Pulse Terms of Service and the Bitfinex Pulse Service Code of Conduct
Except where prohibited by applicable Law, we reserve the right to change these Bitfinex Pulse Terms of Service and the Bitfinex Pulse Service Code of Conduct at any time without notice. Your continued access to or use of the Bitfinex Pulse Service after any changes indicates your acceptance of such changes. It is your responsibility to review these Bitfinex Pulse Terms of Service and the Bitfinex Pulse Service Code of Conduct regularly.
If any provision of these Bitfinex Pulse Terms of Service or any part thereof, as amended from time to time, is determined to be invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, such invalidity, voidness or unenforceability attaches only to such provision to the extent of its invalidity, unenforceability or voidness, as the case may be, and all other terms continue in full force and effect.