Last Updated October 20, 2014
BY ACCESSING AND USING THE DATA RELATED TO WINKLEVOSS INDEXSM (INCLUDING, WITHOUT LIMITATION, THE INDEX VALUES, AND THE BTC PRICE CALCULATOR, HEREAFTER COLLECTIVELY "WINKDEXSM") ON THIS WEB SITE, YOU ARE AGREEING TO BE LEGALLY BOUND BY THESE TERMS OF SERVICE, INCLUDING ALL AMENDMENTS MADE AFTER APRIL 2014. IF ANY OF THESE TERMS OF SERVICE IS UNACCEPTABLE TO YOU, YOU MAY NOT ACCESS OR USE WINKDEX.
WinkDex is proprietary to Winklevoss Index, LLC ("WI") and/or its licensors. By accessing and using WinkDex, you are indicating that you are at least 18 years old and have the legal capacity to accept these terms of service, and you are agreeing to be bound by all these Terms of Service. You may print and keep a copy of these Terms of Service, but WI may change any of these terms at any time. Any changes to these terms will appear in this document. Your use of WinkDex after any changes have been posted will constitute your agreement to the modified Terms of Service. Therefore, you should read these Terms of Service from time to time. If you do not agree to be bound by these Terms of Service or any changes thereto, you should not use or should discontinue use of WinkDex.
WinkDex is a proprietary index of WI and/or its licensors. All rights are reserved. WinkDex is protected by copyright and other intellectual property laws. WinkDex may be used only for your personal, non-commercial purposes. Except as set forth in our API Use Policy, you agree not to modify, copy, reproduce, retransmit, distribute, sell, publish, broadcast, create derivative works from, or store WinkDex (or any portion thereof), without the express prior consent of WI and/or its licensors. You may not use WinkDex for any unlawful purpose.
Use of the Winkdex API is governed by WI‘s API Use Policy which can be accessed at http://docs.winkdex.com/#api-use-policy.
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Also, you may not use any of the Marks in connection with the creation, issuance, sale, offer for sale, trading, distribution, solicitation, marketing, or promotion of any investment products (e.g., securities, commodities, investment or trading products, derivatives, structured products, investment funds, investment portfolios, commodity pools, swaps, securitizations or synthetic products, or securities, etc.), including where the price, return, and/or performance of the investment product is based on, derived from, or related to WinkDex or any portion thereof, without a separate written agreement with WI. WinkDex may use technology that is the subject of one or more pending patent applications.
This website may link to other websites operated or content provided by third parties, and such other websites may link to this website. WI has no control over any such other websites or their contents and will have no liability arising out of or related to such websites or their contents. The existence of any such links does not constitute an endorsement of such websites, the contents of the websites or the operators of the websites. WI is providing these links to you only as a convenience.
Due to the large number of business plan ideas and related materials that WI reviews, and the similarity of many such plans and materials, we cannot agree to obligations of confidentiality or non-disclosure with regard to information you submit via this website. By submitting information or materials to WI, its principals, employees, attorneys and/or agents, you or anyone acting on your behalf, agree that any such information or materials will not be considered confidential or proprietary.
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WI may discontinue, terminate, suspend, or change any aspect of WinkDex, or its availability to you, at any time without notice. In addition, upon violation of any of these terms of service, WI has the right to terminate your access to all or any portion of WinkDex immediately and without notice. Your right to use WinkDex is subject to any limits established by WI in its sole discretion.
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WinkDex may collect personal information from visitors to this site.
This information may include certain information that is automatically collected by our systems and/or analytics systems provider when visiting this website, including the type of software used to access the site (browser, operating system), the address of the external or internal page that referred the visitor, and the visitor’s IP address and/or domain name. This information may be recorded even if the visitor is not logged into an account.
This website permits you to contact us via email and via our online Subscribe form. Whenever you send an email via an email link or through the Subscribe form on the website, you may be providing us with your name, email address, and any information you choose to include in the text of your message. For example, you may choose to provide your mailing address or other information necessary or helpful for us to address your query or other concern.
WinkDex reserves the right to change this policy to meet the changing needs of the website.
If any provision in these Terms of Service is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. These Terms of Service, your rights and obligations, and all actions contemplated by this agreement shall be governed by the laws of the State of New York, as if these Terms are a contract wholly entered into and wholly performed within the State of New York. These Terms of Service constitute the entire agreement between you and WI relating to WinkDex, and they supersede any and all other agreements, oral or in writing, with respect to the Index. The failure of WI to insist upon strict compliance with any term or provision shall not be construed as a waiver with regard to any subsequent failure to comply with such term or provision.
Any controversy, claim, or dispute arising out of or relating to these Terms of Service or the breach thereof shall be settled solely and exclusively by binding arbitration held in New York, New York and administered by JAMS. Such arbitration shall be conducted in accordance with the then prevailing JAMS Streamlined Arbitration Rules & Procedures, with the following exceptions to such rules if in conflict:
Each party irrevocably and unconditionally waives any objection that it may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to these Terms of Service in the courts referred to in this section.
If you have any questions or would like more information about WinkDex, please feel free to contact us at firstname.lastname@example.org.
Use of this site constitutes acceptance of our Terms of Service. Copyright 2017, Licensed to Winklevoss Index, LLC, All Rights Reserved. Patent Pending. Winklevoss IndexSM and WinkDexSM are proprietary marks licensed to Winklevoss Index, LLC.