• “we”, “our” or “us” means Crowdsense Limited trading as Pynk, a company incorporated in England and Walesunder number 11339494 whose registered office is at 20-22 Wenlock Road, London, N1 7GU, United Kingdom.
• “you” or “your” means you, and if you are using our Services on behalf of a legal person, business or other organisation (“Organisation”) includes you and also such Organisation. By using our Services on behalf of any Organisation, you represent and warrant that you have all necessary capacity and authority to enter into these Terms on behalf of such Organisation as a legally binding contract between such Organisation and us in all applicable jurisdictions and that the Organisation enters into such contract.
We may update these Terms or any of the policies or other documents referred to in them from time to time by posting a notice of the update on our website or by notifying you by any other reasonable means. Please check our website regularly for details of updates. If you do not agree to any such update you should stop using our Services before the update takes effect.
To contact us, please email us at firstname.lastname@example.org. For more information on contacting us, please see pynk.io/help-resources.
We may provide you with any or all of the following services (jointly “the Services”) in accordance with these Terms:
· access to our websites, platforms and communities to make predictions relating to financial assets;
· prediction data relating to financial assets;
· the ability to spend virtual money on virtual assets;
· access to articles relating to financial assets.
We do not guarantee that our Services will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Services for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these Terms and other applicable policies, terms and conditions, and that they comply with them.
In order to register for our Services, you must be at least eighteen (18) years of age.
Where you are required to provide us with personal information in order to register for our Services, you agree that any personal information you provide will be accurate, complete and current. You agree you will only use and maintain one single account to access or otherwise utilise our Services, and your creation and/or use of any subsequent accounts may result in our disabling your accounts and withdrawing your access to our Services.
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. You accept full responsibility for any actions taken by anyone using your account details.
If you know or suspect that anyone other than you knows your user identification code, password or other account details, you must contact us immediately.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
You acknowledge and agree that:
· we may collect, use and disclose your personal information to third parties in order to provide the Services to you;
· we may collect, use and disclose your personal information to third parties where there is a legal or regulatory obligation for us to do so;
· we may collect, use and disclose your personal information to third parties where it is necessary for our, or a third party’s, legitimate interests;
· we may collect, use, disclose and sell anonymised data (that is data which is not personally identifiable to you) to third parties where you have consented for us to do so;
· we may collect, use and disclose anonymised data to third parties in order to provide, and in aid of, advisory and forecasting services;
· other users of our Services may have access to anonymised data, including but not limited to aggregated predictions, such data having the potential to influence the decisions of those other users. As such, you acknowledge and agree that any personal information you provide to us through your use of or engagement with the Services will not include any Inside Information, as defined below.
If you do not agree to our collection, use and disclosure of your personal information, or our collection, use, disclosure and sale of anonymised data aggregated from your use of our Services, you should not use our Services. By registering for or continuing to use our Services, you are agreeing to our collection, use and disclosure of your personal information, and our collection, use, disclosure and sale of anonymised data aggregated from your use of our Services.
By using our Services, or any part of them, you may be provided with rewards in the form of digital assets. These rewards are not an entitlement you receive upon signing up for or participating in the Services, and may be discontinued or removed from our website or the Services at any time. Further, these rewards do not represent payment or remuneration for your use of the Services, and we will not be responsible or liable to you for any perceived accrual of such rewards.
Where you have accumulated rewards, we may at any time review your activities in engaging with our Services, and at our absolute discretion, we may withhold or recover the rewards if we suspect, or have reason to suspect you are using our Services illegally, fraudulently, or otherwise in breach of these Terms.
You are solely responsible for your financial, taxation and legal affairs. This means that you should seek professional advice from financial, taxation and legal professionals in relation to the impact any digital assets may have on your situation. You should also ensure that your receipt of digital assets is permitted under the local laws and regulations where you live.
The content provided as part of our Services is provided for general information only. It is not intended to amount to advice on which you should rely. All content provided as part of our Services, whether provided by us or by other users of our Services, are the ideas, views, opinions and recommendations of the person or entity who published it and are not intended as specific advice to you upon which you take or refrain from taking any actions.
You should obtain professional or specialist advice outside of our Services before taking or refraining from taking any action on the basis of the content provided as part of our Services. We will not be responsible or liable for any of your actions or inactions, or the results of any of your actions or inactions, based on the content provided as part of our Services.
In accessing content provided as part of our Services, you may be exposed to materials:
• which may be inaccurate, misleading, offensive, inappropriate, or otherwise in breach of our Content Standards below, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services;
• shared by users who have access to Inside Information, as defined below, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services, nor will we be responsible or liable for any actions you take or refrain from taking as a result of such content;
• shared by users who have an interest or a position of influence in the relation to the products or services about which they share content, and in all such cases we will not be responsible or liable for any such content which may be shared by users of our Services, nor will we be responsible or liable for any actions you take or refrain from taking as a result of such content.
We will do our best to assess any possible risks for users from third parties when they use any interactive elements provided as part of our Services, and we will decide in each case whether it is appropriate to use moderation of the relevant interactive element (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive elements we provide as part of our Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive elements by a user in contravention of our Content Standards, whether the service is moderated or not.
Where our Services contains links to other websites or resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites, or any information you may obtain from them. We have no control over the contents of those websites or resources and we will not be responsible or liable for any of your actions or inactions, or the results of any of your actions or inactions, based on your interactions with those websites or resources.
Although we make reasonable efforts to update the information provided as part of our Services, we make no representations, warranties or guarantees, whether express or implied, that the content provided as part of our Services is accurate, complete or current
We are the owner or the licensee of all intellectual property rights in our Services, and in the material published on it, except such User Content as described below, the ownership of which will remain with the user who contributed it. Those intellectual property rights include but are not limited to copyrights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, moral rights, geographical indications, services marks, trade names, design rights, database rights, databases, data exclusivity rights, domain names, business names, rights in computer software, the compilation of all content, the right to create derivative rights, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising. All such rights are protected by intellectual property rights and treaties around the world, and all such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal use and you may draw the attention of others within your organisation to content provided as part of our Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content provided as part of our Services must always be acknowledged.
You must not use any part of the content provided as part of our Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of content provided as part of our Services in breach of these Terms, your right to use our content will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Whenever you make use of a feature that allows you to upload or share content to our Services (“User Content”), or to make contact with other users of our Services, you must comply with the Content Standards set out in our Acceptable Use Policy below. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
Any User Content you upload to or share on our Services will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Content. You grant to us an irrevocable, perpetual, transferable, royalty-free licence to use, copy, store, display, reformat, translate, excerpt, distribute, and incorporate into other works that content and to make it available to other users of our Services and third parties.
We also have the right to disclose your User Content, your identity and any other information we hold about you to:
• any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy;
• any legal body, governmental or regulatory authority for any reason as may be requested by such body or authority, or as otherwise required by law.
We have the right to remove any User Content you post on or contribute to our Services if, in our opinion, your User Content does not comply with the Content Standards set out in our Acceptable Use Policy below.
This Acceptable Use Policy sets out the Content Standards that apply when you upload User Content to our Services, make contact with other users of our Services, link to our Services, or interact with our Services in any other way.
You may use our Services only for lawful purposes. You may not use our Services:
• in any way that breaches any applicable local, national or international law or regulation;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• for the purpose of harming or attempting to harm minors in any way;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our Content Standards below;
• to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (“spam”).
In addition to the restrictions above, you agree that any User Content shared by you or on your behalf complies with domestic and international laws, rules and regulations regarding the unlawful dissemination of Inside Information, including but not limited to The Market Abuse (Amendment) (EU Exit) Regulations 2018, the Market Abuse Regulation (EU) 596/2014, the Securities Act of 1933, and the Securities Exchange Act of 1934. Inside Information includes information not publicly known relating directly or indirectly to financial instruments or issuers of financial instruments which, if publicly known, would be likely to significantly effect the price of those financial instruments. An unlawful dissemination of Inside Information occurs when a person who possesses Inside Information shares that information to any other person other than in the course of their employment or profession. Any breach or suspected breach of these laws, rules or regulations may result in the immediate, temporary or permanent withdrawal of your right to use our Services, as well as legal ramifications against you by financial regulation and law enforcement authorities.
You also agree not to access without authority, interfere with, damage or disrupt:
• any part of our Services;
• any equipment or network on which our Services are stored;
• any software used in the provision of our Services; or
• any equipment or network or software owned or used by any third party.
You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Services will cease immediately.
You must not misuse our Services by sending, facilitating, or attempting to send or facilitate direct communications, either on our platforms or outside of our platforms, to any other users of our Services for any purpose unless you have been given express permission by such a user to do so.
These Content Standards apply to any and all User Content which you contribute to our Services, and to any interactive elements associated with it. The Content Standards must be complied with in spirit as well as to the letter. The Content Standards apply to each part of any User Content as well as to its whole. We will determine, in our absolute discretion, whether User Content breaches the Content Standards.
User Content must:
• be accurate (where it states facts);
• be genuinely held (where it states opinions);
• comply with the law applicable in England and Wales and in any country from which it is posted or shared.
User Content must not:
• be defamatory of any person;
• be obscene, offensive, hateful or inflammatory;
• promote sexually explicit material;
• promote violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, design right, database right, trade mark or other intellectual property right of any other person;
• be likely to deceive any person;
• breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• promote any illegal activity;
• be in contempt of court;
• be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety;
• be likely to harass, upset, embarrass, alarm or annoy any other person;
• impersonate any person, or misrepresent your identity or affiliation with any person;
• give the impression that the User Content emanates from us, our company or any other third party, if this is not the case;
• advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
• contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
• contain any advertising or promote any services or web links to other websites;
• contain any inducements, solicitations, invitations or attempts to induce, solicit or invite users to make financial or investment decisions, refrain from making financial or investment decisions, taking financial or investment actions or refraining from taking financial or investment actions .
You may terminate your account with us at any time through our website, by emailing us at email@example.com.
We may terminate your account with us at any time at our absolute discretion if we suspect, or have reason to suspect you are using our Services illegally, fraudulently, or otherwise in breach of these Terms.
We are not financial or investment advisors, and our Services are not intended to provide financial or investment advice. Content provided as part of our Services is for general information only. Nothing in our Services should be construed as a recommendation by us or any of our users for you to take or refrain from taking any actions in relation to your financial or investment situation. Making financial and investment decisions may put capital at risk, and you are wholly and solely responsible for any capital, or the impact on any capital, resulting from your financial or investment decisions. You should seek independent professional advice regarding any financial, investment, taxation or legal ramifications specific to your situation prior to acting on any content accessed through our Services.
We exclude and/or limit our liability to the maximum possible extent that we are permitted to under applicable law. Weshall not be liable to you for any loss of profits, business, contracts, anticipated savings, goodwill, or revenue, any wasted expenditure, or any loss or corruption of data (regardless of whether any of these are direct, indirect or consequential), or any indirect or consequential loss or damage whatsoever, arising under or in connection with these Terms, even if we were aware of the possibility that such loss or damage might be incurred by you.
We do not exclude or limit any liability to the extent the same cannot be excluded or limited by law (such as fraud, fraudulent misrepresentation, or personal injury resulting from our or our employees’ negligence or wilful default).
Other than as expressly stated, the limitations and exclusions of liability above apply to all losses, damages, liabilities and claims howsoever arising.
Our Services are made available and provided on an “as is” basis and without warranty or other obligation, whether express or implied, to the maximum extent allowed by law. We have no obligation, however arising (whether under contract, tort, in negligence or otherwise) to ensure that the Services are uninterrupted, error-free, available, current, maintained, compatible or operate correctly with any particular software, hardware or other systems, secure or meet your needs, whether or not such needs have been communicated to us.
We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. We are not responsible or liable for any network, service, software, computer or mobile phone equipment, server, provider or any other technical issue or malfunction in connection with your or anyone else’s use of our Services, and we will not be responsible or liable for any losses or damages arising from such issue or malfunction.
All warranties, conditions, terms, undertaking or obligations in relation to our Services, whether express or implied, including but not limited to any implied terms relating to quality, fitness for any particular purpose or ability to achieve a particular result are excluded to the maximum extent allowed by law.
You indemnify and hold us, our company, our subsidiaries, members, directors, partners, officers, employees, contractors and agents harmless from and against any loss, liability, claim, demand, damages, costs, expenses (including legal fees) which may arise from or in connection with your engagement with our Services, any content on our Services shared by you or other users, any third party websites or resources found through our Services, any users of our Services, or any breach of these Terms or any law or regulation in any jurisdiction.
When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms may result in our taking all or any of the following actions:
• immediate, temporary or permanent withdrawal of your right to use our Services;
• immediate, temporary or permanent removal of any Contribution uploaded by you to our Services;
• issue of a warning to you;
• legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
• further legal action against you;
• disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of these Terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
A party who is not a party to these Terms cannot enforce the rights or enjoy the benefits of any of its provisions, in accordance with the Contracts (Rights of Third Parties) Act 1999.
You may not assign or transfer your rights or responsibilities under these Terms to any other party. We may at any time assign or transfer any or all of our rights under these Terms, provided that we give prior written notice of such dealing to you.
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.