1. CONTRACTING PARTIES
This Rising Coin User Agreement (“Agreement”) is concluded between the Rising Coin Operator and the person who is using and benefiting from the services delivered through Rising Coin Platform (“User”).
The annexes of the Agreement are integral parts of this Agreement.
The terms set forth herein will have the following meanings under this Agreement:
- User: Natural person or legal entity who benefits from the services offered at Platform.
- Rising Coin Operator: All parties that run Rising Coin, including but not limited to legal persons, unincorporated organizations and teams that provide the services in the Rising Coin Platform and are responsible for such services.
- Platform: Website and mobile application that consist of risingcoin.org domain and sub-domains affiliated to this domain; where members carry out their activities.
- Rising Coin: The cryptocurrency that the Rising Coin Operator will produce and that Users will possess and dispossess.
3. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine mutual obligations of the Rising Coin Operator and the User who has the right to benefit from the services provided by the Rising Coin Operator.
4. RIGHTS AND OBLIGATIONS OF THE USER
4.1. By using the Platform, the User irrevocably accepts this Agreement.
4.2. The User declares and accepts that all the information it has provided, especially identity and contact information is correct, that it is over 18 years old and compos mentis, and that it has the legal capacity to take legal action.
4.3. Responsibility for all damages arising from the User's misrepresentation of personal information belongs to the User. The Rising Coin Operator will not be responsible for any damage that may arise due to these reasons.
4.4. The User must complete all security operations within the time requested by the Platform for security purposes. The responsibility of all damages that may arise due to the failure of the User to perform the requested security operations within the given time belongs to the User. The User accepts, declares and undertakes that it will not make any claims under any name from the Rising Coin Operator for any damages that may arise in this regard and accordingly that it has irrevocably discharged the Rising Coin Operator.
4.5. The User cannot withdraw and/or deposit money or refund cryptocurrencies exchanged on the Platform. In this regard, the User accepts, declares and undertakes that it will not make any objection and / or complaint under any circumstances.
4.6. Rising Coin's market sale price will be stable increased daily by a smart contract running on the Ethereum decentralized network. When the User wants to buy or sell Rising Coin, it will be able to buy Rising Coin from the sale price that is set by the smart contract or the price that is offered by other Users. The Rising Coin Operator does not provide any estimates of market prices and does not guarantee the stability of market prices.
4.7. The User agrees that the User will not use the Platform for unlawful purposes, otherwise, the User will be liable for any damages as well as all the civil and criminal liabilities arising out of / in connection with such usage. The User is also solely liable for any claims and requests as well as any damages and losses suffered by the Rising Coin Operator arising out of / in connection with any breach of this Agreement and the applicable legislation.
4.8. The User is personally responsible for ensuring the security of its cryptocurrency wallet, e-mail address, password, account and any other information. The User accepts, declares and undertakes that it will not make any claims under any name from the Rising Coin Operator for any damages arising from the use of this information by unauthorized persons or the capture of the information by third parties and that it has irrevocably discharged the Rising Coin Operator.
4.9. The Rising Coin Operator has the right to take all kinds of measures, in order to ensure that the User uses the Platform within the framework of this Agreement and legislation and prevent any contrary use to them.
4.10. The Rising Coin Operator cannot be held responsible for any disposals made on crypto assets by the competent authorities in case the User uses the account in contravention of the law of its own country.
4.11. The User accepts, declares and undertakes that it will use its own cryptocurrency wallet address and that the protection of the cryptocurrency wallet is at its own responsibility. The Platform does not provide cryptocurrency wallet service. It shows the crypto coins that Users hold in their cryptocurrency wallets by reading them from the blockchain. The User cannot hold the Rising Coin Operator responsible if the cryptocurrency wallet at its own responsibility is lost, stolen or otherwise captured by a third party. In this context, the User accepts, declares and undertakes that it has irrevocably discharged the Rising Coin Operator. In addition, the User accepts that it is responsible for sending back duplicate or erroneous transfers by the Rising Coin Operator.
4.12. The User irrevocably accepts, declares and undertakes that it has been informed and warned by the Rising Coin Operator that the market value of cryptocurrencies may be extremely volatile, not secured by official and informal institutions, and that its use may be subject to different regulations due to legislative changes in the future; that it understands this information and warning, declares and accepts that it is responsible for any financial, criminal and civil liability that may arise from these reasons while performing transactions, and that if there is a change in legislation, it will act in accordance with the new legal regulations. In this context, the User is deemed to have read and accepted all the statements made by the government agencies regarding cryptocurrencies.
4.13. The User can stop using the services of the Rising Coin Operator at any time.
4.14. The User is responsible for all tax liabilities arising from the User's use of the Platform. No invoice will be sent to the User due to the User's use of the Platform and the transfers it has made.
4.15. The responsibility of any damages and losses that arise or will arise from the use of the Platform by the User belongs to the User. In the event that the Rising Coin Operator fulfills its commitments under this Agreement, members of the board of directors, managers, employees of the Rising Coin Operator and third-party service providers cannot be held liable for any legal or penal sanctions. The User accepts, declares and undertakes that it has irrevocably released the Rising Coin Operator and the mentioned persons in these matters.
5. RIGHTS AND OBLIGATIONS OF THE RISING COIN OPERATOR
5.1. The Rising Coin Operator undertakes to ensure the maximum security of the User during its operations on the Platform. The Rising Coin Operator will act as a prudent merchant and will take all necessary care to protect the User's information against a possible cyber attack.
5.2. The Rising Coin Operator has the right to not accept cryptocurrency transfers made by the User to the Rising Coin Operator without any justification. The Rising Coin Operator shall not be liable for any damages or losses incurred by the User for such transfers which are refused by the Rising Coin Operator.
5.3. The Rising Coin Operator has the right to cancel, stop or suspend all of the transactions carried out by the User's usage of the Platform in case of suspicion, and report the suspicious transactions to the authorized bodies.
5.4. The Rising Coin Operator may cancel and / or withdraw the transactions performed by the User in order to fix the system and ensure correct transactions due to technical errors. The Rising Coin Operator cannot be held responsible for any damages arising from such transactions and no rights can be claimed from the Rising Coin Operator.
5.5. The Rising Coin Operator cannot be held responsible in any way for technical failures that may occur on the Platform. The Rising Coin Operator cannot be held responsible for any damages arising directly or indirectly due to short or long term technical failures.
5.6. The Rising Coin Operator is an independent enterprise from cryptocurrency exchange platforms and all other businesses, banks and financial institutions, which make transactions with cryptocurrencies, and is not the representative and successor of any company, website or institution. It does not cooperate with any natural persons or legal entities. For this reason, the Rising Coin Operator cannot be held responsible for any losses experienced by the User in transactions made through other platforms, even if they are referring to the Rising Coin Operator, the Platform and the values of the Rising Coin Operator.
5.7. The Rising Coin Operator may communicate with the User, either electronically or by conventional methods for its own purposes, including commercial content, and / or on behalf of third party companies that have previously received digital confirmation from the User.
5.8. The Rising Coin Operator has taken all necessary quality measures in accordance with the industry standards regarding the system, software and other technical requirements of the Platform. However, the Rising Coin Operator cannot be held responsible for any consequences arising from the deliberate misuse of the Platform by any User or third party or any cyber attack that it has been exposed to.
5.9. The Rising Coin Operator shows its best effort to ensure that the Platform operate without interruption and free from any errors. However, the Rising Coin Operator does not guarantee that the services provided by the Platform will meet subjective User expectations and it cannot be held responsible for such matters.
5.10. The Rising Coin Operator may put links to third party websites or refer to third party products or services on the Platform. The services or products that are linked or referred to in this way are not within the Rising Coin Operator's scope of authority, and the Rising Coin Operator has no responsibility for these services or products. Using third party services or products is entirely the User's own preference, and no claims or requests can be made to the Rising Coin Operator in this regard.
5.11. If required by the applicable laws, the Rising Coin Operator may collect information such as the name of the Internet service provider, the Internet Protocol (IP) address, the date and time of access to the Platform, that is used by the User to access the Platform.
5.12. The Rising Coin Operator will provide its support services through channels it will determine. Unless indicated by the Rising Coin Operator, the Rising Coin Operator does not provide support services via social media tools and forums such as Facebook, Twitter, Instagram. The Users are not asked for a password and no cryptocurrency address will be informed to them to send cryptocurrency through the channels that the Rising Coin Operator will provide support services. No support service is provided to the Users by any method other than [email protected]. The User agrees that it will receive support from the Rising Coin Operator by accepting the provisions of this article. The Rising Coin Operator is not responsible for any damages incurred due to this reason. The Rising Coin Operator cannot be held responsible for the losses experienced by the User through "pirate" sites created using the Rising Coin Operator's name or by creating this impression. The User accepts, declares and undertakes that it has irrevocably DISCHARGED the Rising Coin Operator in these matters.
6. REFERRAL PROGRAM
The User (the Referrer) may refer the Rising Coin and the services provided on the Platform to a third party (the Referee). If that third party, whether it is a natural person or a legal entity, becomes a User and buys Rising Coins, the Referrer and the Referee will gain extra Rising Coins as a result of this transaction. The amount of such extra Rising Coins will be defined by the Rising Coin Operator and paid at the moment of the transaction made by the Referee. The Referrer and the Referee agrees that they are liable for any taxes arising from such gains. The Rising Coin Operator reserves the right to change the Referral Program (including the extra amount) or terminate this Referral Program without any notice, at any time.
7. GEOGRAPHICAL RESTRICTION
The Rising Coin Operator may not be able to serve the Users in some countries in line with its own decisions. The Rising Coin Operator has the right to suspend or cancel its services and to terminate this Agreement against the User who uses the Platform from the countries it has chosen not to serve.
8. INTELLECTUAL PROPERTY
All content, including the design of the Platform and all images published on the Platform, are under the copyright protection of the Rising Coin Operator and these contents may not be copied, reproduced, distributed in any format, published or used in any other way without the written consent of the Rising Coin Operator. Legal action will be taken against any User or entity who uses this content inequitably.
9. OBLIGATIONS OF CONFIDENTIALITY
9.1. The Rising Coin Operator and the User accept and undertake that they will be deemed to have mutually accepted the rights and obligations arising from the applicable legislation which the Rising Coin Operator is subject to and will act in accordance with such applicable legislation.
9.2. As stated in this Agreement, the Rising Coin Operator will not share the User's personal information with third parties, except for the explicit consent of the User. This information about the user is collected online and retained offline. However, if information is requested by the competent authorities, this information will be shared with the authorized bodies.
9.3. IP addresses of the Users, name and model of the device they access, operating systems and browser information are determined and recorded by the Rising Coin Operator. The Rising Coin Operator may use this information that it collected to identify its users in general and to collect comprehensive demographic information, to ensure user and system security, to struggle against fraud and to comply with legal obligations.
9.4. In order to make the use of the services and products provided more efficient, the Rising Coin Operator can cooperate with institutions and organizations in many ways. This cooperation can happen through sponsorships, authorized marketing, data sharing and other legitimate business methods. The Rising Coin Operator declares and undertakes to carry out its communication and marketing activities in accordance with applicable laws, that it will not communicate in opposition to User's desire, and that it will provide tools that will enable the User to unsubscribe or opt-out for free of charge and easily.
9.5. The Rising Coin Operator may provide links to other sites within the Platform. It may publish the advertisements and / or application forms of contracted third parties, related to various services, and direct the Users to the platforms of advertisers or contracted third parties through these forms and advertisements. The Rising Coin Operator has no responsibility for the privacy practices and policies of these third party platforms.
9.6. The Rising Coin Operator undertakes to keep the information of the User confidential and to take all necessary measures for this. However, in order to fulfill the requirements of the contracts between the Rising Coin Operator and Users and to put them into practice, and if requested by the competent authorities, this information and documents will be presented to the authorized bodies. Although this does not constitute a violation of confidentiality, the Rising Coin Operator cannot be held responsible for any damages that may arise due to this.
9.7. The Rising Coin Operator, without prejudice to this privacy clause, may share the information
of the Users with third parties in the following situations:
a) In situations that sharing is needed in accordance with legal regulations as law, regulation etc.;
b) In situations where it is necessary for the Rising Coin Operator to fulfill the provisions of the agreements between the Rising Coin Operator and the User;
c) In situations where information about the Users is requested within the scope of a research or investigation carried out by the authorized administrative and / or judicial bodies;
d) When it is necessary to provide information to protect the Users' rights or security.
9.8. The Rising Coin Operator, with this notice, undertakes to keep the confidential information given to it strictly private and confidential, to consider it an obligation to keep it a secret and to take all necessary precautions to ensure confidentiality, to prevent all or any part of the confidential information from entering the public domain or to be disclosed to an unauthorized user or to a third party and to show full due diligence.
10. POLICY ON PROCESSING OF PERSONAL DATA
10.1. Terms on the processing of personal data are integral parts of this Agreement.
10.2. The person who accepts this Agreement and starts to use the Platform is also deemed to have accepted the terms of the Agreement on the processing of personal data. For this reason, it accepts, declares and undertakes that it has irrevocably DISCHARGED the Rising Coin Operator.
11. THIRD PARTY LINKS
11.1. The Website and Mobile Application may contain links to other sites ("External Sites") owned or operated by third parties.
11.4. Links, any trademark, trade name, service mark, design, logo, symbol or other copyrighted material displayed or accessed through such External Sites does not mean that such material is sponsored, suggested or related to Rising Coin, or the Rising Coin Operator is authorized to use them legally.
12. TERMINATION OF THE AGREEMENT
The Rising Coin Operator may stop all services provided under this Agreement without any compensation, if the User violates the provisions of this Agreement or if a legal change occurs effecting the Rising Coin Operator's services. The User agrees that it cannot claim any rights if the Agreement is terminated in this way.
13. LEGAL AND PENAL SANCTIONS
13.1. The User is deemed to have read and accepted all the statements that are made and to be made by the law that the Rising Coin Operator is subject to, regarding cryptocurrencies.
13.2. In the event that the Platform is used by the User for illegal purposes, the User is responsible for all legal and penal sanctions that will arise in accordance with Article 4.4 of this Agreement.
13.4. The Rising Coin Operator is free to terminate the Agreement if it detects that the User has violated any provision or provisions in this Agreement. However, even if the Rising Coin Operator does not take legal action against the User, it cannot be interpreted as meaning that it waives their rights. All rights of the Rising Coin Operator are reserved against these violations.
14. APPLICABLE LAW AND JURISDICTION
This Agreement is subject to the law which the Rising Coin Operator is subject to. This law will be applicable for the settlement of disputes arising from the use of the Platform and / or in the legal notice and / or in connection with this Platform. The courts of this law are exclusively competent for disputes.
15. FORCE MAJEURE
The User and / or the Rising Coin Operator will not be responsible if there is a force majeure, such as natural disasters, warfare, mobilization, fire, strike, lockout, internet outage, etc., occurring in a way that temporarily or permanently stops the work of both the User and the Rising Coin Operator or only one of them. In addition to force majeure reasons, the User and / or the Rising Coin Operator will not be responsible in cases that occur outside the control of the parties, such as decisions taken by the government and legal regulations. Irresponsibility of the User and the Rising Coin Operator is limited to the continuation of these situations. In this case, the User and the Rising Coin Operator will not be entitled to claim their damage they suffered due to the non-implementation or delay of the Agreement from the other party.
16. NONLIABILITY CLAUSE
16.1. Any content presented on the platform consists of data collected from third parties and public sources. All data, analyses, reports, statistics are processed and presented objectively by software that has automatically processed the information without any editing or guidance. All news and reports submitted by the Rising Coin Operator are for information and advice only and do not feature direct knowledge of solutions, conclusions, legal opinions, political and sociological research and are not guaranteed to be accurate. The data may be contradictory or inconsistent with each other. In such cases, the Rising Coin Operator assumes no responsibility.
16.2. The Rising Coin Operator issues no warranties whether explicit or implicit, including any merchantability, performance, marketability, and fitness for a particular purpose, regarding the results of the content provided by the Rising Coin Operator, to any person or organization, even if forwarded by the User. All content is presented to the User "as is". The Rising Coin Operator cannot be held responsible for any loss of profits or losses that may arise from the use of the contents. References to any person / institution / the Rising Coin Operator / brand in the content provided by the Rising Coin Operator are not a suggestion to influence the market values of these individuals / institutions / companies / brands, to their rankings in various criteria, brand values or to the purchase, sale or retention of stocks.
17. MISCELLANEOUS AND FINAL PROVISIONS
17.1. All notices, approvals, requests and other types of correspondence and notices sent by the Rising Coin Operator to the User or received from the User will be made via e-mail or through the Platform.
17.2. The provisions of this Agreement are separable and the invalidity of a provision in no way effects the validity of other provisions. If any of the provisions of this Agreement become unenforceable or invalid due to a new law or regulation, the remaining of the Agreement will not be effected.
18. ENFORCEMENT AND ACCEPTANCE
18.1. By using the Platform, the User accepts, declares and undertakes that it has read and understood all the articles and sub-articles of this Agreement, consisting of eighteen articles, and that it has approved all the contents and provisions of the Agreement. This Agreement enters into force on the date when the User approves the Agreement and is terminated if the Agreement is terminated by the Rising Coin Operator.
18.2. The User who does not accept the Agreement should not use the Platform and should not benefit from the Platform's services. Otherwise, the Rising Coin Operator cannot be held responsible for any losses incurred and / or to be incurred.
18.3. The Rising Coin Operator may change these Terms from time to time. If it does, the "Last Updated" date above will be changed. It is under the User's responsibility to review these Terms regularly. If the User continues to use the Platform after the Terms are changed, it means that it accepts these changes.