Social Trading Users

A. Introduction

1. These terms, including the Community Guidelines as set forth below (collectively, the “Terms”) relating to access to and use of our Square Community Platform (“Platform”), is entered into between you, as a user of the Platform (“you”, “your” or “User”) and relevant Operator as defined in the Terms of Use( “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, organisation, or other entity, then “you” includes you and that entity. You represent and warrant that (a) you are an authorised 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”) Privacy Notice, the Community Guidelines as set forth below, 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 us. Unless otherwise indicated, all content, information and other materials on the Platform (excluding User Content, as defined below in paragraph 7), including without limitation Our 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 our property or our subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by us, 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. You should not make investment decisions based on information provided by individual traders (who may be anonymous or unidentifiable), such as details of the trades they make or any opinions expressed by them on the platform.Content on our social trading platform which is generated by members of our Community does not contain advice or recommendations or endorsements by or on behalf of any PayBitoPro entity. All other users will be allowed to view, like, and re-post content available on the Platform. In all such instances, we retain the right, at our 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 Squareback, 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 Squareback, 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 us and our 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 we and our 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. We reserve 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 reposting 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, 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, or result in claims (third party or otherwise) against us;

j. Engage in any behaviors that: (i) can mislead others or disrupt the order of our 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 our 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 of our referral link 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 Terms of Use governing your use of your accounts and services generally, shall continue to apply. This includes, without limitation, all requirements applicable to account usage. In particular, our accounts can only be used by the account registrants. We reserve the right to suspend, freeze, or cancel the use of our 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 us immediately.

G. Exclusion of liability

14. We take 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 are we 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 WE 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 US 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 UNAUTHORISED ACCESS TO THE PLATFORM OR OUR RECORDS, PROGRAMS, OR SERVICES.

H. Privacy and copyright policy

16. If you use one of our applications provided via social networks (such as Facebook, Twitter, G+ etc.), our application will have access to your social network account general information which includes your name and username in such social network, profile picture, and any other information you have shared with 'everyone' on the relevant social network. Additional information may be collected in specific social networks campaigns which will be specified in the terms and conditions applicable to such campaigns.

We respect 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 the compliance team 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 authorised 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. We and our logos, and any other product or service name, logo, or slogan used by us (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 ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us, 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 Terms of Use, 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 Community Guidelines, the Terms of Use and any other Policies), or any other requirements that we may impose from time to time; or

(iii) your User Content contains any material that may be inappropriate in our view, considering our principles and core values.

For clarity, our rights underclause 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 Terms of Use and our Privacy Notice, which shall be read together with and supplemental to these Terms. Accordingly, the rights and protections afforded to us under the Terms of Use and our Privacy Notice shall equally apply and be additional to the rights and protections afforded to us under these Terms. For clarity, our Terms of Use on “Resolving Disputes: Forum, Arbitration, Class Action Waiver” 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.

COMMUNITY GUIDELINES

Users of the Platform (whether or not you are a user that is permitted to post content or comments 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 Square 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 Behaviour

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 we may issue you from time to time about your use of the Platform. This includes but is not limited to the type of content or the removal of links that you may have referred to as part of your content/comments posted or to be posted on the Platform in so far as we require such instructions to ensure that our Platform, and your use of the same, remain compliant with applicable legal and regulatory requirements.

(2) Self-Destructive Behaviour

Any behaviour 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 behaviours will be made as long as these self-harming behaviours 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 our site, 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 our direct and indirect competitors is prohibited.

(5) Violence/Threats

Content depicting, glorifying, admiring or supporting terrorist/violent extremist acts or behaviours 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 behaviour and harassing language and behaviour are not permitted. Hateful behaviour 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, colour, caste, ancestry, immigration status, religion, sexual behaviour, 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 our 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 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.

-Full name

-Financial information

-Contact information

-Other personally identifiable information.

(8) How you can protect your Privacy on the Platform

Think carefully before you share your content on the Platform. This includes for example where you live, your financial information, and your contact details.

Protect your account data, and do not share any of your passwords with others. Our employees will never ask you for passwords. Don’t be fooled if someone reaches out to you pretending to be from us.

Get permission first, before posting personal information of others.

(9) Unauthorised Sharing of Personal Information

Infringement of the privacy of others is prohibited. Sharing content that may reveal the personal privacy of another 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.

(10) Impersonation

Impersonating another individual's or organisation's content or activities is prohibited. Any impersonation of our personnel will not be tolerated. Such behaviour 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 unauthorised 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.

In no circumstances should you attempt to indicate in any manner, without our prior written permission, that you are our employee or that we have endorsed your views or opinions, or any products or services mentioned by you for any purpose.