Market Data Terms and Conditions
Please carefully read the entirety of these Terms. By accessing or using
BBCStaticMiner Pro Market Data, you agree to be bound by these Terms,
including all amendments and updates made between your initial acceptance
of these Terms and any future access or use. If you do not agree to these
Terms, do not access or use the BBCStaticMiner Pro Market Data.
and BBCStaticMiner, Inc. ("BBCStaticMiner") and govern your use of Market
Data. For purposes of these Terms, "Market Data" means all data related to
trading activity on BBCStaticMiner Pro (a digital asset exchange platform
provided by BBCStaticMiner) made available to you through BBCStaticMiner
application programming interface(s)
(the "BBCStaticMiner Pro API"), which may include, without limitation, the
prices and quantities of orders and transactions executed on BBCStaticMiner
You represent and warrant that you are of legal age to enter into a binding
agreement and are otherwise legally able and competent to enter into and
carry out these Terms. If you are using Market Data on behalf of any
entity, you represent and warrant that you are authorized to enter into
these Terms on such entity's behalf, and that such entity agrees to be
responsible to BBCStaticMiner if you or that entity violates these Terms.
Different Data Packages.
BBCStaticMiner may offer different datafeeds, tiers, or packages of Market
Data from time to time. Please see
Market Data API docs
for more information about available Market Data packages. Please verify
the scope and type of Market Data in your package before using it.
Permission to Use Market Data.
Subject to the restrictions set forth below and all other terms of this
Agreement, BBCStaticMiner hereby grants you a worldwide, royalty-free,
revocable, nonexclusive, nontransferable, non-sublicensable, limited
license, solely for your internal purposes and in accordance with
applicable law, to use, copy, store, and create derivative works (such as
charts, analytics and digital asset orders), from Market Data.
Restrictions and Responsibilities.
Absent prior express written consent from BBCStaticMiner, you may not:
1. Alter, manipulate, or misrepresent Market Data, or present Market Data
in a false or misleading light;
2. Redistribute, display, or disseminate the Market Data—or any data,
charts, analytics, research, or other works based on, referring to, or
derived from the Market Data ("Derived Works")—to any third party;
3. Use Market Data or authorized Derived Works, directly or indirectly, to
create any of the following Derived Works, whether for internal use or
a. indexes, fixings, or other benchmarks;
b. generic or fair value prices; or
c. valuations of Digital Currencies, digital tokens, securities, or
financial derivatives (whether for purposes of settlement or otherwise); or
d. Use any Market Data or Derived Work (understanding, for clarity,
that"Derived Works" includes combinations of Market Data or Derived Works
with one or more other benchmarks or indexes) as a benchmark. Use "as a
benchmark" includes, without limitation:
e. Issuance of a financial instrument which references Market Data or a
Derived Work; or
f. Determination of the amount payable under a financial instrument or a
financial contract by referencing Market Data or a Derived Work; or
g. Being a party to a financial contract which references Market Data or a
Derived Work; or
h. Providing a borrowing rate calculated as a spread or mark-up over Market
Data or a Derived Work and that is used as a reference in a financial
contract to which the creditor is a party; or
i. Measuring the performance of an investment fund through Market Data or a
Derived Work for the purpose of tracking the same, of defining the asset
allocation of a portfolio, or of computing performance fees.
Ownership and Proprietary Rights.
You acknowledge that as between BBCStaticMiner and you, the Market Data and
all rights in the Market Data (including all copyrights, database rights,
and all other proprietary rights) are exclusively the property of
BBCStaticMiner. In addition and independently of the foregoing, you
acknowledge that the Market Data is the product of substantial expenditure
by BBCStaticMiner of labor, skill, and money, and your use of Market Data
in contravention of these Terms would misappropriate the benefits of those
expenditures. BBCStaticMiner reserves all rights in the Market Data not
expressly granted in these Terms. At the request and expense of
BBCStaticMiner, you agree that you will take all reasonable steps, such as
the execution of written documents, that may be necessary to protect,
perfect, and enforce BBCStaticMiner’s rights in the Market Data.
Without limiting any other rights of BBCStaticMiner under these Terms, the
parties recognize that a breach of the restrictions applicable herein to
the use of Market Data would give rise to irreparable injury to
BBCStaticMiner such that monetary damages alone would not be an adequate
remedy. You and BBCStaticMiner agree that in the event of such a breach,
BBCStaticMiner will be entitled to equitable relief, including in the form
of injunctive relief, and you hereby waive any requirement for the securing
or posting of any bond or the showing that actual monetary damages will not
afford an adequate remedy in connection with seeking such relief.
Changes to Market Data and Suspension of Access. BBCStaticMiner may from
time to time, without notice and in its sole discretion, withdraw, suspend,
or change the Market Data or your access to the Market Data. You agree that
BBCStaticMiner has no obligation to provide the Market Data to you and will
not be liable if any Market Data is unavailable or changes for any reason.
Changes to Terms.
BBCStaticMiner may modify these Terms from time to time in its discretion.
It is your responsibility to monitor updates to these Terms. Your continued
use of Market Data signifies your agreement to any such updates. If you do
not agree, you may not continue to use Market Data.
To the maximum extent permitted by applicable law:
The Market Data is provided "as is" and "as available", and BBCStaticMiner
hereby disclaims all warranties, express, statutory, or implied (including,
without limitation, implied warranties of title, non-infringement,
merchantability, fitness for a particular purpose, and all warranties
arising from course of dealing, usage or trade practice).
for clarity and without limiting the foregoing, BBCStaticMiner makes no
guarantees regarding the accuracy, completeness, timeliness, security,
availability, or integrity of the Market Data or that the Market Data will
be uninterrupted or operate in combination with any software, service,
system, or other data.
You access and use the Market Data entirely at your sole risk, and
BBCStaticMiner will not be responsible for any actions you take based on
the Market Data.
. To the maximum extent permitted by law, you must indemnify
and hold harmless BBCStaticMiner, its affiliates, and its and their
respective directors, officers, employees, and agents ("BBCStaticMiner
Protected Parties") against all liabilities, costs, damages, and expenses
arising out of or relating to your use of Market Data, including damages
arising directly from your act or omission (including without limitation
breach of these Terms) as well as judgments, settlements, and expenses
(including reasonable attorneys' fees and legal costs) arising from a
threatened or actual suit, investigation, proceeding, or other claim
between you and a BBCStaticMiner Protected Party or between a third party
and a BBCStaticMiner Protected Party arising out of or relating to your use
of Market Data. BBCStaticMiner may control the defense of any such Claim,
at your cost and expense, and you will provide BBCStaticMiner any
assistance that BBCStaticMiner reasonably requests in defending any such
Limitation of Liability.
To the maximum extent permitted by applicable law, the BBCStaticMiner
Protected Parties will not be liable for any direct, indirect, incidental,
special, punitive, or consequential damages of any kind—including lost
profits or trading losses—related to the market data or these Terms,
irrespective of whether such damages arise from claims brought in contract,
tort, negligence, warranty, strict liability, or any other theory at law or
equity, and even if BBCStaticMiner has been advised of the possibility of
such damages. Without limiting the foregoing, to the maximum extent
permitted by applicable law, in no event will the BBCStaticMiner Protected
Parties' aggregate liability arising out of or relating to these Terms or
your use of Market Data exceed USD$1,000. If any limitations in this
paragraph are unenforceable as written in any instance, then such
limitations will apply to the maximum extent permitted by applicable law.
Rules of Construction.
The words "include", "included", "includes" or "including" as used herein
will be understood to be followed by the phrase "without limitation". The
word "all" includes "any" and the word "any" includes "all". The words
"herein" and "hereunder" refers to all of the Terms. Unless context
expressly requires otherwise, the conjunction "or" will be understood to
mean "and/or". The section headings in these Terms are inserted for
convenience only and are not a part of the Terms and will not affect the
meaning or interpretation of these Terms.
These Terms constitute the entire agreement between you and BBCStaticMiner
regarding the Market Data. If you wish to modify these Terms, any amendment
must be provided to BBCStaticMiner in writing and signed by an authorized
representative of BBCStaticMiner.
Choice of Law.
You agree that the laws of the State of New York--without regard to any of
its choice-of-law principles that would apply the substantive laws of any
other jurisdiction--will govern these Terms and any claim or dispute that
may arise between you and BBCStaticMiner, except to the extent governed by
Waiver of Class Action. If you have a dispute with BBCStaticMiner, we will
attempt to resolve any such disputes through our support team. If we cannot
resolve the dispute through our support team, you and BBCStaticMiner agree
that any dispute arising under this Agreement shall be finally settled in
binding arbitration, on an individual basis, in accordance with the
American Arbitration Association's rules for arbitration of
consumer-related disputes (accessible at
) and you and BBCStaticMiner hereby expressly waive trial by jury and right
to participate in a class action lawsuit or class-wide arbitration, except
that each party retains the right: (i) to bring an individual action in
small claims court and (ii) to seek injunctive or other equitable relief in
a court of competent jurisdiction to prevent the actual or threatened
infringement or misappropriation of a party's proprietary rights, including
copyrights, trademarks, trade secrets, database rights, patents, and fruits
of labor, skill, or money protected under common law principles of unfair
competition. The arbitration will be conducted by a single, neutral
arbitrator and shall take place in the county or parish in which you
reside, or another mutually agreeable location, in the English language.
The arbitrator may award any relief that a court of competent jurisdiction
could award, including attorneys' fees when authorized by law, and the
arbitral decision may be enforced in any court. At your request, hearings
may be conducted in person or by telephone and the arbitrator may provide
for submitting and determining motions on briefs, without oral hearings.
The prevailing party in any action or proceeding to enforce this agreement
shall be entitled to costs and attorneys' fees. If the arbitrator or
arbitration administrator would impose filing fees or other administrative
costs on you, we will reimburse you, upon request, to the extent such fees
or costs would exceed those that you would otherwise have to pay if you
were proceeding instead in a court. We will also pay additional fees or
costs if required to do so by the arbitration administrator's rules or
applicable law. Apart from the foregoing, each party will be responsible
for any other fees or costs, such as attorney fees that the party may
Compliance with Laws. You must comply with all laws in using the Market
Data and you will reasonably cooperate with us to enable us to comply with
applicable laws, and any governmental, regulatory or other investigations,
audits, or proceedings related to the Market Data.
Assignment and Delegation.
You may not assign or delegate any of your rights or obligations under
these Terms to anyone without BBCStaticMiner’s prior written consent, and
any assignment in violation of this paragraph will be null and void.
BBCStaticMiner may freely assign its rights or delegate its obligations
under this Agreement, including in connection with any merger, acquisition
or asset sale. Subject to the foregoing, this Agreement will bind and inure
to the benefit of You and BBCStaticMiner, and your and BBCStaticMiner’s
respective successors and permitted assigns.
In the event any part of these Terms is deemed unenforceable, you and
BBCStaticMiner authorize a court of competent jurisdiction to make the
modifications that are necessary to comply with existing law, in a manner
most closely representing the original intent of BBCStaticMiner and you as
expressed in these Terms.