Record new changes of Binance Terms of Service

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Binance/Terms of Service.md

@@ -719,4 +719,197 @@ In these Terms:
 
 a. clause headings and numbering are for convenience only and do not affect the meaning, priority or interpretation of any clause or sub-clause of these Terms;
 
-b. the
+b. the words “include” or “including” shall mean including without limitation and include without limitation respectively;
+
+c. any undertaking to do or not do a thing shall be deemed to include an undertaking not to permit or suffer the doing of that act or thing;
+
+d. words importing the singular include the plural and vice versa and words importing a gender include any gender; 
+
+e. any reference to a document is to that document as amended, varied or novated from time to time otherwise than in breach of these Terms or that document; and
+
+f. in the event of inconsistency between these Terms (including any documents referred to in these Terms) the inconsistency shall be solved by giving such provisions and documents the following order of precedence:
+
+i. the Product Terms;
+
+ii. the [Privacy Notice](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/privacy); and
+
+iii. these Terms.
+
+g. except where the context requires others, the following terms shall have the following meanings:
+
+**Access IDs** means your Binance Account details, username, passwords, personal identification numbers, API keys, API secret keys, or any other codes or forms of authentication that you use to access your Binance Account or the Binance Services or to send Instructions.
+
+**Account History** means the written record (including electronic records) of your Transactions and your Binance Account.
+
+**API** means application program interface.
+
+**Applicable Law** means all relevant or applicable statutes, laws (including rules of common law), principles of equity, rules, regulations, regulatory principles and requirements, notices, orders, writs, injunctions, judgements, bye-laws, rulings, directives, proclamations, circulars, mandatory codes of conduct, guidelines, practice notes and interpretations (whether of a governmental body, regulatory or other authority, or self-regulatory organisation of which Binance is a member), that are applicable to the provision, receipt or use of the Binance Services, or any other products or deliverables provided, used or received in connection with the Binance Services, these Terms, or any Product Terms.
+
+**Backed Digital Assets** has the meaning given to it in clause ‎15.3.
+
+**Binance**, **we**, **our** or **us** means Nest Services Limited (a company incorporated under the laws of the Republic of Seychelles with registration number 238045 and address at House of Francis, Room 303, Ile Du Port, Mahe, Seychelles).
+
+**Binance Account** means any accounts (including Corporate Binance Accounts) or sub-accounts (including any Binance Sub-Account), which are opened by Binance for you to record your use of Binance Services. 
+
+**Binance Affiliates** means with respect to Nest Services Limited: any other person which, directly or indirectly, Controls, is Controlled by, or is under common Control with, Nest Services Limited.
+
+**Binance API** means an API made available by a Binance Affiliate to you as a service, or third-party applications relying on such an API.
+
+**Binance IP** means the Created IP and all other Intellectual Property Rights owned by or licensed, on a sub-licensable basis, to us as at the date of the Terms and any other Intellectual Property Rights owned or acquired by or licensed, on a sub-licensable basis, to us after the date of these Terms, and which are provided by us to you in the course of providing you with the Binance Services.
+
+**Binance Services** means the services offered by us to you through the Platform.
+
+**Binance Sub-Account** means a sub-account that is set up under a primary Binance Account.
+
+**Chat Service** has the meaning given to it in clause ‎5.
+
+**Claim** means any dispute, claim, difference or controversy between you and Binance (and/or any Binance Affiliates) arising out of, in connection with, or relating in any way to: 
+
+(a) these Terms or any Product Terms, including their existence, validity, subject matter, interpretation, performance, breach, negotiation, termination, enforceability or the consequences of their nullity;
+
+(b) your relationship with Binance (and/or any Binance Affiliates) as a user (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms); or
+
+(c) any non-contractual obligations arising out of or relating to these Terms, or any Product Terms, or your relationship with Binance (and/or any Binance Affiliates).
+
+**Control** means the power of a person to secure that the affairs of another are conducted in accordance with the wishes of the first person whether by means of:
+
+(a) in the case of a company, being the beneficial owner of more than fifty percent (50%) of the issued share capital of or of the voting rights in that company, or having the right to appoint and remove a majority of the directors or otherwise control the votes at board meetings of that company by virtue of any powers conferred by the organisational documents, shareholders’ agreement, a majority of the board of directors or any other document regulating the affairs of that company or by any other means; or
+
+(b) in the case of a partnership, being the beneficial owner of more than fifty percent (50%) of the capital of that partnership, or having the right to control the composition of or the votes to the majority of the management of that partnership by virtue of any powers conferred by the partnership agreement or any other document regulating the affairs of that partnership or by any other means.
+
+**Corporate Binance Account** means a Binance Account maintained for a corporation, entity, or other organisation for the provision of Binance Services.
+
+**Created IP** means any Intellectual Property Rights created by you pursuant to these Terms, including the User Materials, but excluding any other User IP.
+
+**Digital Assets** means a digital representation of value or rights which may be transferred and stored electronically, using distributed ledger technology or similar technology, including, but not limited to, cryptocurrencies, stablecoins, non-fungible tokens and tokenised derivatives of any other digital asset.
+
+**Dominant Digital Asset** means a Forked Digital Asset that has dominance over one or more other versions of a Digital Asset that was subject to the relevant Fork, as determined by us in our sole discretion.
+
+**Email** **Account** means the email account(s) associated with your Binance Account(s), as agreed with Binance from time to time, in accordance with any processes identified by Binance when using the Platform.
+
+**Fiat Currency** means any government or central bank issued national, or supra-national, currency, or other monetary obligation denominated in such currency and which is not a Digital Asset.
+
+**Force Majeure Events** means: 
+
+a. any fire, strike, riot, civil unrest, terrorist act, war or industrial action;
+
+b. any natural disaster such as floods, tornadoes, earthquakes and hurricanes;
+
+c. any epidemic, pandemic or public health emergency of national or international concern;
+
+d. any act or regulation made by a government, supra national body or authority that we believe stops us from providing Binance Services on the Platform;
+
+e. the suspension or closure of any Binance Affiliate;
+
+f. the nationalisation of any Binance Affiliate;
+
+g. the imposition of limits or unusual terms by a government on any Digital Assets traded on our Platform;
+
+h. excessive changes to the price, supply or demand of any Digital Asset;
+
+i. technical failures in transmission, communication or computer facilities including power failures and electronic or equipment failures;
+
+j. the failure of any supplier, intermediate broker, agent, principal custodian, sub-custodian, dealer, exchange, staking platform, liquidity pool, bridge provider, issuer of a Backed Digital Asset, market maker, clearing house or regulatory organisation to perform its obligations to us; 
+
+k. liquidity providers not providing, or being unable to provide liquidity to us; 
+
+l. any labour or trade disputes, strikes, industrial actions or lockouts (other than in each case by Binance or the Binance Affiliates); and/or
+
+m. an event which significantly disrupts the market for Digital Assets, which could include excessive movements in the price, supply or demand of a Digital Asset, whether regulated or unregulated.
+
+**Fork** means any planned, unplanned, sudden, scheduled, expected, unexpected, publicised, not well-known, consensual, and/or controversial changes to the underlying operating rules of certain Digital Assets that may occur from time to time, in such a way as to result in the creation of one or more related versions of an existing Digital Asset.
+
+**Forked Digital Asset** means a Digital Asset that results from a Fork.
+
+**Instruction** means any instruction, request, or order given to Binance by you or a Permitted User in relation to the operation of your Binance Account or to execute any Transaction, through such medium and in such form and manner as Binance may require.
+
+**Intellectual Property Rights** means: (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and rights to apply for registration, of any of the foregoing rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world.
+
+**List of Prohibited Countries** means the list of countries accessible at https://www.binance.com/en-GB/legal/list-of-prohibited-countries.
+
+**Local Terms** means the terms governing your use of the Binance Services provided in any particular jurisdiction.
+
+**Losses** has the meaning given to it in clause **‎**29.1.
+
+**Manifest Error** means any error, omission or misquote (whether an error of Binance or any third party) which is manifest or palpable, including a misquote by any representative of Binance taking into account the current market and currently advertised quotes, or any error of any information, source, official, official result or pronunciation.
+
+**Mobile App** means any mobile application developed or provided by us or any of the Binance Affiliates that enables you to use or otherwise access Binance Services.
+
+**Permitted User** means any person identified by you and communicated to us, in accordance with these Terms, that is authorised to act on a user’s behalf with respect to any Corporate Binance Account.
+
+**Platform** means the digital platform that we or any of the Binance Affiliates may make accessible to you via Sites, the Mobile App, a Binance API or by such other means as Binance Affiliates may prescribe from time to time for the use of Binance Services.  
+  
+**Privacy Notice** means the privacy notice located at [https://www.binance.com/en-GB/privacy](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/privacy). 
+
+**Product Terms** means the product-specific terms and conditions that apply to the use of a Binance Service, in addition to these Terms.
+
+**Regulatory Authority** means any foreign, domestic, state, federal, cantonal, municipal or local governmental, executive, legislative, judicial, administrative, supervisory or regulatory authority, agency, quasi-governmental authority, court, commission, government organisation, self-regulatory organisation having regulatory authority, tribunal, arbitration tribunal or panel or supra-national organisation, or any division or instrumentality thereof, including any tax authority.
+
+**Restricted Person** means a person or legal entity who (a) is included in any trade embargoes or economic sanctions, terrorist or corrupt foreign officials list (such as the United Nations Security Council Sanctions List,  issued by a government agency including the list of specially designated nationals maintained by the office of foreign assets control of the U.S. Department of the Treasury (OFAC), or the denied persons or entity list of the U.S. Department of Commerce), or by the United Kingdom, European Union, Canada) tor (b) resides, or is established, or has operations in, in any country listed in the [List of Prohibited Countries](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/legal/list-of-prohibited-countries).
+
+**Risk Warning** means the general risk warning published on the Website.
+
+**Security Breach** means 
+
+a. your Binance Account(s) or any of your Access IDs have been compromised;
+
+b. the loss, theft, or unauthorised use of any of your Access IDs or any unauthorised access to and use of your Binance Account or the Binance Services on your behalf; or
+
+c. any other security incident (including a cyber-security attack) affecting you and/or Binance.
+
+**Sites** means our Website and any other websites, pages, features, or content we own or operate.
+
+**Supported Digital Assets** means those Digital Assets that are available in connection with your use of the Binance Services.
+
+**Terms** means these terms of use, together with any other documents expressly incorporated by reference, including the Product Terms, in each case as amended or supplemented from time to time.
+
+**Trade Marks** means the Intellectual Property Rights in the trade marks, service marks and logos used and displayed on or through the Platform, the Sites and/or the Binance Services.
+
+**Transaction** means selling, purchasing, or entering into any other type of transactions, or agreeing to sell, purchase or enter into any other type of transactions involving Digital Asset(s), their derivatives, other asset(s) or product(s) as Binance may from time to time permit to be carried out on the Platform, and depositing or withdrawing Digital Assets or Fiat Currency into or out of your Binance Account.
+
+**User IP** means the Intellectual Property Rights owned by or licensed to you as at the date of these Terms and any other Intellectual Property Rights owned or acquired by or licensed to you after the date of these Terms, excluding Binance IP. 
+
+**User Materials** means the Intellectual Property Rights in any reviews, posts, information, data, and comments you or other users provide to us on the Sites (through our “Contact Us” pages or otherwise), the Platform, through use of Binance Services, or otherwise.
+
+**Website** means the website located at [www.binance.com](https://web.archive.org/web/20240515111941/http://www.binance.com/). 
+
+### **Community**
+
+USD-$
+
+### **Company**
+
+* [About Us](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/about)
+    
+* [Inquiries](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/about#email)
+    
+* [Careers](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/careers)
+    
+* [Press](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/press)
+    
+
+### **Support**
+
+* [Support Center](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/support)
+    
+* [24/7 Chat Support](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/chat?sourceEntry=4)
+    
+* [Fees](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/fee/schedule)
+    
+* [Trading Rules](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/trade-rule)
+    
+
+### **Legal**
+
+* [Terms](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/terms)
+    
+* [Privacy Notice](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/privacy)
+    
+
+### **Compliance**
+
+* [Risk Warning](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/legal/risk-warning)
+    
+* [Law Enforcement Request](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/support/law-enforcement)
+    
+* [Licenses & Registrations](https://web.archive.org/web/20240515111941/https://www.binance.com/en-GB/legal/licenses)