Please read this agreement carefully before accessing or using this site. Read the legal notice and agreement conditions herein carefully before accessing or using our website. By registering, accessing and using our site, you agree to be bound by the terms and conditions specified below. If you do not want to comply with these terms and conditions, you may not register in, access or use our site. If you have started to use the site before accepting to be bound by these terms and conditions, you must immediately stop using the site. As the site owner, the “Company” specified below shall be entitled to make amendments on these agreement terms at any time and unilaterally. Such amendments shall be effective and binding immediately upon the incorporation of such amended use, membership and confidentiality agreement conditions into the site. The members or users agree to periodically review these agreement terms in order to keep informed of any amendments. The members or users’ continued access to or use the site shall mean that the amended membership and confidentiality agreement terms have been expressly accepted.
This Use, Membership and Confidentiality Agreement (“Agreement”) was signed between the following parties:
1.1. Time Walker Technology Ltd “postal address at Eugen-Huber-Strasse 12 8048 Zurich Switzerland” (Hereinafter referred to as “Company”) and
1.2. Any person, company or institutions that access our websites at the domain of http://nergal.co (“Website” and/or “Site”), reach and view any information, table, content or publication at this address, or share their personal information by registering in the Site, review and enter the Website, evaluate the information therein, vote, make evaluations, comments and complaints under the name and title of licensee or user or entrepreneur or investor or whatever and/or register in the site and get license (hereinafter referred to as “Member”).
The member agrees and undertakes all the terms of this Agreement without any objection.
2. SUBJECT OF AGREEMENT
The subject of this Agreement includes the identification of requirements and rules for using the Website and membership and the determination of the conditions of use the site and of the confidentiality provisions.
Website: This website refers to http://nergal.co site
License: Those want to get license must firstly read the information in the page (“Who can apply for a WCCS license”) and online fill out the License agreement in accordance with their field of activity (market license agreement, CC license agreement, ICO license agreement or CC provider (wallet producers, miners and other service providers), accept the terms and conditions set out in the license agreement and pay the license fee to the wallet sent by the Site as described in the License Agreement. The license shall not begin until the Site sends the license certificate via e-mail to the “person” who has applied for the license (this person shall be referred to as authorized person in the license application).
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Member shall be obliged to always review any explanations, decisions, notifications, votes, opinions or evaluations or declarations, which are made or to be made by the Licensees, the Site’s or its contracted Independent Legal Group and its members, the Independent Rating Editor group and its members, the Independent Editorial Group and its members, the Independent Discipline Committee and its members, other institutions or commissions established by the Site, the users and other members on the Site, and any information to be disclosed by forms (all of them shall be briefly referred to as declarations and explanations on the site), and to make his/her deep research. The member shall expressly accept and undertake that the Site will not assume any responsibility if the declarations and explanations on the Site are inaccurate, unreal, missing or wrong, and therefore he/she will not claim a right or cost including a cost, indemnification, profit or income loss, from the Site in the event of being damaged in any way.
4.2. The Member agrees and undertakes that he/she will give real and accurate information and act in accordance with all the provisions of legal legislation while making explanation, declaration or evaluation on the site, and is aware that 3. Parties may be damaged due to his/her transactions and explanations.
4.3. The Member agrees and undertakes that he/she must act prudentially before making any investment; the declarations and explanations on the Site include risks commercially; he/she must firstly make his/her deep investigation independent of the information and declarations included in the Site; ordinary offences such as theft may be committed by a third party or parties by hacking in the World of Cryptocurrencies; the declarations of licensees or agreement groups specified in the article 4.1 are disclosed by the licensees or agreement groups based on the direct declaration system without whether they are accurate, real or legal is not investigated by the Site; the Site does not take part in such explanations and has no responsibility; and he/she will not claim a right or cost including any loss, indemnification, profit or income loss from the Site due to any damages which may arise in the case of making investment without deeply investigating these information or explanations on the Site and confirming them completely.
4.4. The member agrees and undertakes that the projects on the website do not have the qualification or definition of informal investor in accordance with the legal legislation; the Company will not assume any responsibility due to any qualifications which may be acquired by the investors according to the related informal investor legislation; the qualifications of investors are not checked by the website; the company has no liability due to acquisitions committed by the investors; the Site does not make crowd financing and has no qualification for crowd financing.
4.5. The member agrees and acknowledges that the Company has no liability for any work, service, product and projects or contents or features, transactions, declarations and explanations by the licensees of the Site.
4.6. The member declares and undertakes that his/her personal or other information provided by himself/herself while registering in the website are accurate before the law, and he/she will exactly and promptly indemnify all damages suffered by the Company due to such misstatements. The member agrees that the agreement may be terminated unilaterally by the Company without any notice and warning if he/she has provided any misinformation.
4.7. The Member shall not share the password given by the Company with other persons or institutions; the member is exclusively entitled to use the password in question. The e-mail address assigned at the time of registration is unique to the member and has the possibility of creating only one membership. Any rights to indemnity and other claims of the Company arising from such unauthorized use, against any liability that may arise for this reason and any claims and demands that may be asserted against the Company by third parties or other competent authorities are reserved.
4.8. The Member, by using this Web Site, agrees and declares that all the liabilities and risks arising from such use shall belong to him/her. It is the exclusive responsibility of the Member to assess the accuracy, completeness and availability of any opinions, recommendations or other information and material provided through this Web Site. The Member agrees and undertakes beforehand to comply with the provisions of the legal legislation and not to violate them when using the Web Site. Otherwise, any legal and criminal liabilities to arise shall completely and exclusively bind the member.
4.9. When using the Web Site, the Member;
4.9.1. shall not in any way violate any of legislation provisions, international conventions or the laws of any country which are in force and will be in force. Any legal, criminal or financial liabilities that may arise for this reason shall belong to the Member.
4.9.2. shall not transfer any message, information, data, software or images or any other material, which is contrary to laws, harmful, containing intimidation, insult and cursing, abusive or harassing, tortious or defamatory, rude, pornographic, derogatory or so as to violate the privacy of other person or to require legal and criminal liability of the user in any other ways, whether at a national or international level. The Company shall not accept any legal or criminal liability for such violations, and any legal and criminal liabilities that may arise out of such violations shall exclusively belong to the Member.
4.9.3. shall not represent any person or business by 3rd parties as he/she were the representative of that person or business including but not limited to the owner(s), officers or host of this web site, or shall not express that he/she is related to this person and business in a manner to mislead and confuse the public.
4.9.4. shall not modify or delete any material contained by the Web Site including but not limited to the texts, images, graphs, registered brands and names, transmitted to the content of the web site by the Web site officers or other natural and legal persons.
4.9.5. shall not place, post or transmit any malicious codes, software and material such as viruses, Trojans, malware and dialer programs.
4.9.6. shall not use the communication facilities and resources of the site in such a manner to restrict or obstruct the access of other users.
4.9.7. is liable to not to post, transfer or use any commercial or advertising information, software or material, and is responsible for avoiding any behaviour that would lead to unfair commercial competition.
4.9.8. shall not direct the site in line with his/her own purposes by using framing or similar navigation technologies or shall not display the site in another form. The Company shall report such violation and/or violations of the Member to the law enforcement bodies, and shall collaborate with them by disclosing his/her identity. In such cases, the Company’s disclosure of information shall not be deemed as a violation of the provisions of the legislation regarding the protection of personal data, and in case of a violation of this kind, the Member’s right of use the web site shall be immediately terminated.
4.10. The Member agrees beforehand that the Company is not obliged to inspect any comments, information or links to be provided in the Web Site. However, the Company reserves the right to modify, refuse to publish or discontinue to publish any information, in whole or in part, to change or cancel a service that has been provided to the members, or to keep or delete the information and data of a user registered in the Web Site, to disclose any information to respond the request of any legal and administrative body, to deactivate or cancel the Licenses granted at any time as described in the License Agreement.
4.11. The Website and/or the Company shall not be liable under no circumstances in case of the following:
4.11.1. Even though informed, the Website or the authorized representatives thereto shall not be liable for the damages which may arise from the use or non-use of the Website, the processes, services, information, data or other materials provided or downloaded or such information or indirect damages (including but not limited to loss of profit, interrupted work, loss of programs or information).
4.11.2. They shall not be liable also for any claim arising from the bugs, omissions or other faults and/or for the materials or information that is downloaded from the Website.
4.11.3. The Member is responsible for the good performance, maintenance, update and pricing, taxing or any kind of financial liabilities of the computer hardware, internet and computer security and access to the Website and all the other equipment required for the use of the Website. The damages, claims and demands which may arise out of the noncompliance of the Member to such responsibilities shall be attributed to the Member.
4.11.4. In case the Member violates any article of these membership and confidentiality provisions due to access to or use of the Website, it shall be responsible for all the loss, expense, damage or costs including but not limited to the legal expenses and attorney fees which may arise out of such violation. The Website shall not be responsible for any of the foregoing.
4.11.5. The Website employees, representatives, licensers and sponsors can claim the provisions for the use of the Website and compensations on their own behalf against the user.
4.11.6. The Company, the Company’s employees, members, licensees or suppliers cannot be held responsible for any direct or indirect financial or commercial loss, circumstance, condition or damage which may arise out of contractual responsibility or compensation due to wrongful act or are in relation to any litigation about the data acquired by or through the use of the website.
4.11.7. As per the legislation in effect, the information on the Website cannot be accepted as “necessity” and have no quality to bind the Company.
4.12. The declared, written or used ideas and thoughts on the Website are the personal beliefs of the members and bind the holder of such beliefs or the Licensee. The Company has no connection or relation with such ideas and thoughts. The Company shall not be responsible for the damages which may be incurred by third parties due to the ideas and beliefs declared by the member or for the damages which may be incurred by the member due to the ideas and beliefs declared by third parties.
4.13. In case the member violates one or more of the articles specified herein, it shall be criminally and legally responsible for such violation. The member shall hold the Company harmless of the legal and penal consequences of such violations. Besides, the Company reserves the right to claim compensation from the member due to the violation of the membership agreement in case the condition is referred to law due to such violation.
4.14. If deemed necessary, the Company has the unilateral right to cancel any time the membership and to delete the files, documents and information of the member. The member accepts this condition in advance. The Company shall not have any responsibility in such case.
4.15. The Company can amend, update or cancel the conditions of this membership and confidentiality agreement any time without any need to prior notice and/or notification. An amended, update or annulled provision enters into effect for all the members on the date of publication.
4.16. All the contents on the Website, that is, any sound, text, image, photograph, logo, graphic, symbol, shape, animation, drawing, clip, music or video record, program code and all other information and documents, and the intellectual property and other rights belong to the Company and are under legal protection according to the relevant national and international legislations. Without limitation to the foregoing, none of the contents of this website can be partly or wholly and directly or indirectly used, altered, copied, reproduced, stored, leased, lent, republished, downloaded to any other computer, mailed, transmitted, distributed, customized, processes, commercially held, sold in any form or such acts cannot be encouraged without prior written permission of the Company. The members are free to print out the website pages for their personal and non-commercial use without profit motive. The royalty and logo belong exclusively to the Company, and these cannot be used or offered to the use of 3rd party persons or institutions without prior written permission of the Company.
4.17. Since the Website and the Company do not have any control on the sources of the links on the Website, the member agrees that the Website and the Company are not responsible for the accessibility of any website or source to which the links on the Website may direct and for the contents, advertisements, products or other materials that take place on or are derived from websites and sources. The member also agrees that the Website and the Company do not have any direct or indirect responsibility for the damages which may result in connection with any content, goods or service that take place on or obtained from such website or source.
4.18. The Company shall not be responsible for the unauthorized accesses to the member data or for the damages that may be incurred by the member’s software or data. The member agrees in advance that it shall not claim compensation from the Company because of a damage which may be incurred due to the use of the Website.
4.19. The member agrees not to gain unauthorized access or use to the softwares and data of internet users. Otherwise, all the legal and criminal liabilities which may arise shall belong to the member.
4.20. As per this Agreement, the Company has the right to send notification SMS or e-mails to the registered telephones numbers or e-mail addresses of the members, and the member is deemed to accept such notification e-mails to e-mail addresses or SMS to telephone numbers upon confirming this Agreement. The member can cancel “e-mail and/or SMS notifications” in case it may desire to renounce e-mail and/or SMS notifications.
4.21. The Company may use and process the personal information of the members for the works of personal preferences and interested areas of the users in order to provide a better service, improve the products and services and to enhance the use of the Website. The Company reserves the right to preserve the records of the member’s movements on the Website.
4.22. The Company can temporarily suspend or permanently conclude the operation of the Website system at any time. The Company shall not be responsible before the website members or third parties for the temporary suspension or permanent conclusion of the system.
4.23. The Company has taken reasonable precautions in order to ensure that the Website is free of viruses or other softwares with similar purposes. However, the user must procure its own anti-virus or anti-malware protection system and provide necessary protection in order to ensure final security. In this respect, the Member agrees to be the sole responsible for the faults of its own software and operating system or for the direct or indirect consequences of such upon entering to the Website.
4.24. It shall not be deemed as a waiver of any provision or right in case the Company does not claim the execution of any article of the provisions of this Agreement.
4.25. The Website is open to navigation by any person without any limitation of age. However, a member shall complete 18 years and have full legal capacity on the date when such provisions are accepted in order be a member, supporter or project owner on the Website.
4.26. If deemed necessary, the Website may remove, change or shorten the contents uploaded to the Website without providing any reason or informing the relevant person.
The navigation of the Website by the users or examining the uploaded content as permitted are not subject to any procedure. However, it is compulsory to register to the Website, be a Member and perform the provisions of License Agreement upon agreeing to it in order to Upload information and form as Licensee. The Members must fill in the provided forms on the registration screen with true information and must also answer the questions asked as true and accurate. The membership applications of persons who do not perform such liability will not be accepted. Even though accepted, the memberships of such persons can be suspended (until deficiencies are eliminated) or permanently cancelled in case misinformation is discovered. Such persons shall not have any acquired right in case of cancellation or suspension. The Website shall not be responsible for the acts and operations of such people.
4.27. The Website is not obliged to accept the membership applications or license applications of the people who apply to the Website. The Website may deny website membership application or license application without indicating any reason even though the applicant provides all the conditions. The Licensees who apply to the Website and acquire the right to content upload to the Website are given a password generated by the system. The user accounts and passwords are private. The responsibility shall belong to account and password owners in case they give opportunity to 3rd parties to use their accounts and passwords against the basic security procedures. Furthermore, membership procedures can be suspended or cancelled in case such condition is detected.
4.28. The Website users, members and licensees accept and undertakes that he/she shall not make any objection if the Site becomes paid for The Website users and/or members.
4.29. The Website users, members and licensees cannot upload, use or offer to the use of 3rd parties any content including but not limited to the following:
a-) 3rd party brands, patents or other intellectual property and manufactured products, and contents that violate another content, advertisement right or other economic right which necessitate commercial secret or copyright;
b-) All kinds of contents that are prohibited to prepare, publish or offer for public use according to national and international laws;
c-) All kinds of contents that serve for an illegal entity (terrorist organizations, crime syndicates with the purpose of monetary profit etc.) even though not prohibited by laws;
d-) All kinds of contents that disclose the private lives of 3rd parties, attack personal rights, and offend, humiliate, abuse or insult the belief and sacred values of people whether or not restricted by the laws;
e-) Uploading any content and, in particular, viruses that may negatively affect the operation of computer systems, hardware and software and telecommunication systems and attempting the use of such content on the website by 3rd parties;
f-) Uploading a content that contain great load to interrupt the operation of the Website.
5.1. The Company requires certain personal information of the members (name, age, fields of interest, e-mail and telephone etc.) in order to provide better service.
5.2. The Company may use or process such data in order to analyse tendencies, create statistics and conduct target group measurements for the Website.
5.3. By using or being a member to the Website or conveying its personal data, the Member agrees with the collection, utilization, procession and disclosure of its personal data in accordance with this Agreement, the laws in effect and the matters specified under Website Privacy Statements.
5.4. In case the Member does not agree with the collection, utilization or disclosure of its personal data as specified herein, it shall not use the Website or inform the Company by using any of the contact information that are given on the website.
5.5. Personal data are collected only for certain and limited purposes. Such information cannot be used in order to monitor the activities of the member on the Website or to expose or identify the Member out of the website. The Company does not share with third parties, use or sell for any commercial purpose other than the activity the information acquired with membership forms before informing the member or unless otherwise indicated by the member. However, the Company may share the personal data with third parties that work in collaboration with the Company in order to carry out support services. Such third parties are required to use the personal data only to provide support to us on condition that such information is handled as confidential.
5.6. In some cases when the members enter to the Website, the Website may automatically record some technical information (such as non-personal IP) using “Cookie” technology. Such information may contain the Members’ browser or computer types, domain address of their internet service provider, number and time of visits and font preferences. The number of visitors of the Website is tracked cumulatively. The personal information of the Members is not included in this process. Such information helps the Website to stay up to date and to shape it according to the fields of interests of the Members. Such non-personal data may be shared with the Company’s affiliates, subsidiaries or business partners. The Members can adjust their computers to prevent “cookie” use or to give notification when such use is present. However, the member may not be able to gain access to some parts of the Website in case cookies are rejected. The use of the Website will be affected if you choose to delete all or a part of cookies, and such deletion will affect all the users of a computer if the computer in which cookies are inactivated is a shared system. The “Help” section of web browser will help you to do your cookie settings.
5.7. The Member information can be disclosed by the Company to official authorities in case such information is duly requested by official authorities or where the Company is obliged to give statement to official authorities as per the provisions of the compulsory legislation in effect.
5.8. The Company may also collect non-personal information beside personal information. A part of such information is used for technical necessities while the other part is used for the design, sustainability and proper page view of the Website. The Website also automatically collects other information such as the used browser, operating system, visited pages, visit time and hour and whether the Users visited the Website previously.
5.9. All the information entered to the system by the Member can only be reached or edited by the Member. It is not possible for other people to gain access or change such information. The Member can add, edit or update such information on the Website by using its Member/User passwords. The Company shall not be responsible for the delays or problems in the services of the Website which may occur due to failure to update personal information.
5.10. Personal data will be processed in accordance with the purpose of collection or with the permit granted upon the acceptance of this agreement by the member.
5.11. The Company preserves the information of the Member safely; therefore, it has taken necessary precautions in order to protect the information against any loss, abuse or change. Nevertheless, the Company does not provide guarantee to the Members for the security problems of the information which may occur due to technical issues, hacker attacks and similar other situations even though the utmost attention is paid and precautions are established. For this reason, the Company shall not be responsible for the direct and indirect loss and damages which may result out of the loss, unauthorized use, misuse or replacement of the information and data of the Member.
5.13. The stored information will be deleted by the Company upon the termination of legal or contractual filing period or when the Company does not need such information any longer. Besides, the Member can claim its information to be deleted at any time or withdraw its consent for the personal information to be used or processed. In such cases or concerning all the questions about personal information, the Member can consult with the Company officials responsible for data protection by submitting a mail to [email protected] The Company may also contact by the foregoing modes for the preservation of Member information or for the questions concerning the fields of use of such information.
6. DURATION, ENFORCEMENT AND TERMINATION OF THE AGREEMENT
Being a registered member means that the member has read all the articles in the Agreement and accepts all of them contained thereof. This herewith Agreement was concluded at the moment of the membership of the Member and entered into force mutually. This herewith Agreement shall remain in force until the Member cancels its membership or the membership is cancelled by the Company.
The following information is included in accordance with the Law and in order to provide communication where necessary. Please use when required.
E-mail: [email protected]
Licence issues e-mail: [email protected]
The Company has the right and authority to assign or transfer its rights and authorities arising out of this Agreement to third parties.
Upon registering as a member, the Member shall be deemed to have read and accepted all the articles in the membership agreement. This Agreement has been mutually executed and entered into effect during the registration of the Member.