Last updated: September 19, 2018
This User Agreement sets out the terms on which HARACOIN offers you access to and use of our sites, services, applications and tools (collectively “Services”). All policies are incorporated into this User Agreement. By signing up to use the HARACOIN Account through the HARACOIN Site, you agree to comply with and be legally bound by this Agreement. If you do not agree to any of the terms set forth in this Agreement, you may not access or use any of the HARACOIN Services. HARA, Inc. is a private corporation incorporated in the United States of America (U.S.A) (“HARACOIN,” “we”, “us” or “our”) and applies to your use of: I. The HARACOIN website located at www.haracoin.com and any associated HARACOIN-hosted websites or mobile applications (collectively the “HARACOIN Site” or “Site”), and II. Any of the services provided to you by HARACOIN (together with the HARACOIN Site, the “HARACOIN Services” or “Services”).
2. About HARACOIN
Haracoin is a cryptocurrency with the vision to further the worldwide adoption of cryptocurrency. To accomplish this vision Hara, Inc. is developing technology and applications to simplify the use of cryptocurrency for the masses, as well as launching entertainment industry companies as marketing tools to bring awareness of cryptocurrency to the world. Haracoin is a cryptocurrency similar in theory, design, and architecture to Bitcoin, and encrypted/mined using the qubit algorithm. Haracoin is not built on an existing blockchain (such as Ethereum) but is its own blockchain technology. Like other distributed ledger technologies, it allows for the peer-to-peer electronic exchange of coins. Purchasers of Haracoin may transfer the Haracoin cryptocurrency to others without the necessity of any trusted third-party financial institution.
3. Use of the HARACOIN Site
In connection with using or accessing the Services you will not:
• post, list or upload fraudulent deals;
• breach or circumvent any laws, third-party rights or our systems, policies, or determinations of your account status;
• use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
• fail to pay for the deals you entered into, unless you have a valid reason, for example, a clear typographical error is made at bidding, or you cannot contact your counterpart.
• fail to deliver for the deals proposed by you, unless you have a valid reason, for example, a clear typographical error is made at bidding, or you cannot contact your counterpart
• manipulate the price of any deal or interfere with any other user’s listings;
• post false, inaccurate, misleading, defamatory, or libelous information;
• transfer your HARACOIN account and user ID to another party without our consent;
• distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
• distribute viruses or any other technologies that may harm HARACOIN, or the interests or property of users;
• use any robot, spider, scraper, or other automated means to access our Services for any purpose;
• bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
• export or re-export any HARACOIN application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
• copy, transmit, distribute, sell, resell, license, de-compile, reverse engineer, disassemble, modify, publish, reproduce, display
If we believe you are abusing HARACOIN, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove hosted content, remove any special status associated with your account(s), remove and demote listings, and take technical and/or legal steps to prevent you from using our Services. We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate all or part of our Services to anyone for any reason at our discretion.
When HARACOIN provides you with information about another user for the purpose of completing a Deal, you agree you will use the information only for the purposes it is provided to you. You may not disclose, sell, rent, or distribute a user’s information to a third party for purposes unrelated to the Services. Additionally, you may not use information for marketing purposes, via electronic or other means, unless you obtain the consent of the specific user to do so.
I. Limited License:
We grant you a limited, nonexclusive, nontransferable license, subject to the terms of this Agreement, to access and use the HARACOIN Site, and the content, materials, information and functionality available in connection therewith (collectively, the “Content”) solely for informational, transactional, or other approved purposes as permitted by HARACOIN from time to time. Any other use of the HARACOIN Site or Content is expressly prohibited. All other rights in the HARACOIN Site or Content are reserved by us and our licensors. We reserve all rights in the HARACOIN Site and Content and you agree that this Agreement does not grant you any rights in or licenses to the HARACOIN Site or the Content, except for this express, limited license. Without limiting the foregoing. If you violate any portion of this Agreement, your permission to access and use the HARACOIN Services may be terminated pursuant to this Agreement. In addition, we reserve the right to all remedies available at law and in equity for any such violation. “HARACOIN.com”, “HARACOIN”, and all logos related to the HARACOIN Services or displayed on the HARACOIN Site are either trademarks or registered marks of HARACOIN or its licensors. You may not copy, imitate or use them without HARACOIN’s prior written consent.
II. Website Accuracy:
Although we intend to provide accurate and timely information on the HARACOIN Site, the HARACOIN Site (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the HARACOIN Site are your sole responsibility and we shall have no liability for such decisions.
III. Third-Party Materials:
From time to time, the HARACOIN Site may contain references or links to third-party materials (including without limitation websites) not controlled by us. We provide such information and links as a convenience to you. Such links should not be considered endorsements of these sites or any content, products or information offered on such sites and such reference does not imply our recommendation, approval, affiliation, or sponsorship of that respective property, product, service, or process. You acknowledge and agree that we are not responsible for any aspect of the information or content contained in any third-party materials or on any third-party sites accessible or linked to the HARACOIN Site, including without limitation content, property, goods or services available on the linked sites.
IV. Applications, Programs and Technology:
Any person or entity who uses HARACOIN’s Applications, Programs and Technologies (“HARACOIN TECH”) must comply with the terms of this User Agreement and/or any other conditions as HARACOIN may put into place in its sole discretion from time to time. The HARACOIN TECH is owned by HARACOIN and is licensed to HARACOIN TECH users on a non-exclusive, non-sub licensable basis.
V. Computer Viruses:
We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, web scraper, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware
that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from HARACOIN.
Always log into your HARACOIN Account through the HARACOIN Site to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.
4. HARACOIN Site Registration
I. Registration of HARACOIN Account: In order to use any of the HARACOIN Services, you must first register by providing an e-mail address, password, mobile phone number. Upon successful completion of the registration and verification procedures, HARACOIN will establish and confirm your HARACOIN Account. HARACOIN may, in our sole discretion, refuse to allow you to establish a HARACOIN Account, or limit the number of HARACOIN Accounts that a single user may establish and maintain at any time.
II. True and accurate information:
In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update HARACOIN if any information changes.
5. Legal Compliance
We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
I. Restricted Activities:
In connection with your use of the HARACOIN Services, and your interactions with other users, and third parties you will not:
• Violate or assist any party in violating any law, statute, ordinance, regulation or any rule of any self-regulatory or similar organization of which you are or are required to be a member (for example, those laws, rules, or regulations governing financial services, controlled substances, unlawful gambling or consumer protections);
• Partake in a transaction which involves the proceeds of any unlawful activity
• Defraud or attempt to defraud HARACOIN or other HARACOIN users;
• Infringe upon HARACOIN’s or any third party’s copyright, patent, trademark, or intellectual property rights;
• Provide false, inaccurate or misleading information;
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure, or detrimentally interfere with, intercept, or expropriate any system, data, or information;
• Interfere with another individual’s or entity’s access to or use of any of the HARACOIN Services;
• Defame, abuse, harass, stalk, threaten or otherwise violate or infringe the legal rights (such as, but not limited to, rights of privacy, publicity and intellectual property) of others;
• Publish, distribute or disseminate any unlawful material or information;
• Transmit or upload any material to the HARACOIN Site that contains viruses, Trojan horses, worms, or any other harmful or deleterious programs;
• Harvest or otherwise collect information from the HARACOIN Site about others, including without limitation email addresses, without proper consent;
• Act as a payment intermediary or aggregator or otherwise resell any of the HARACOIN Services, unless expressly authorized by HARACOIN in writing;
• Transfer any rights granted to you under this Agreement;
• Use the HARACOIN Account information of another party to access or use the HARACOIN Site;
• Otherwise attempt to gain unauthorized access to the HARACOIN Site, other HARACOIN Accounts, Deals, computer systems or networks connected to the HARACOIN Site, through password mining, passcode mining or any other means; or
• Engage in transactions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law.
II. Suspension/Termination and HARACOIN Account Cancellation:
I. HARACOIN may:
(a) Suspend or terminate your access to any or all of the HARACOIN Services, and (b) deactivate or cancel your HARACOIN Account as required by a valid subpoena or court order, or if HARACOIN reasonably suspects you of using your HARACOIN Account in furtherance of illegal activity, or if you take any action that HARACOIN deems as circumventing HARACOIN’s controls, including, but not limited to, opening multiple HARACOIN Accounts or abusing promotions which HARACOIN may offer from time to time. In the event that a technical problem causes system outage or Account errors, HARACOIN may temporarily suspend access to your Account until the problem is resolved.
II. Unless verifiable that your country allows registration in HARACOIN and pursuant to regulatory programs administered in those countries, it is your sole responsibility to determine whether your country allows your registration with HARACOIN. To that end, HARACOIN, in its compliance to regulation 506(c), is prohibited from providing services or entering into relationships with certain individuals and entities. In the event that HARACOIN is required to block your HARACOIN Account in accordance with a regulatory program, HARACOIN is not responsible for any losses, whether direct or indirect, that you may incur as a result of our complying with applicable law, the guidance or direction of any regulatory authority or government agency, or any writ of attachment, lien, levy, subpoena, warrant or other legal order.
It is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the HARACOIN Services, and to withhold, collect, report and remit the correct amounts of taxes to the appropriate tax authorities. Your transaction history is available through your HARACOIN Account.
6. Our Relationship with You
To be eligible to use the HARACOIN Services, you must be at least 18 years old (or the applicable age of majority and contractual capacity if you reside in a jurisdiction where the age of majority or contractual capacity is above 18 years of age). By accessing or using the HARACOIN Services you represent and warrant that you are 18 or older.
I. Relationship of the Parties:
Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and HARACOIN to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or HARACOIN to be treated as the agent of the other.
II. Service Providers:
From time to time, HARACOIN may engage third parties to assist HARACOIN in providing certain aspects of the HARACOIN Services (each, a “Service Provider”). Service Providers may include, but are not limited to, HARACOIN’s banking partners and technology or engineering service providers.
III. Your Privacy:
IV. Privacy of Others; Marketing:
If you receive information about another user through the HARACOIN Services, you must keep the information confidential and only use it in connection with the HARACOIN Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so. You may not send unsolicited email to a user through the HARACOIN Services.
V. Password Security, Passcode Security and Keeping Your Contact Information Current:
You are responsible for maintaining adequate security and control of any and all IDs, passwords, passcodes, personal identification numbers (PINs), keys or any other codes that you use to access the HARACOIN Services and/or enter into a Deal through your HARACOIN Account. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your HARACOIN Account by third-parties and the loss or theft of any value associated with your HARACOIN Account. You are responsible for keeping your email address and telephone number up to date in your Account profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of your sensitive information or failure to follow or act on any notices or alerts that we may send to you. In the event you believe your HARACOIN Account information has been compromised, contact HARACOIN Support immediately at: support@HARACOIN.com
VI. Consent to Electronic Records:
By using the HARACOIN Services, you agree that HARACOIN may provide you with any notices or other communications about your HARACOIN Account and the HARACOIN Services electronically: (a) via email (in each case to the address that you provide), SMS message, or telephone call (in each case to the phone number that you provide), or (b) by posting to the HARACOIN Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. If you do not wish to receive notices or other communications electronically, we will be unable to support your HARACOIN Account.
7. Disputes, User Feedback, Queries, and Complaints
Although most exchanges go smoothly, occasionally there may be a problem within or beyond HARACOIN’s control. In such case, HARACOIN will work diligently to attempt to correct the issue. Further, if there’s a problem with an exchange, the HARACOIN Resolution Center exists to help subscribers to explain what went wrong and resolve issues. You agree to comply with the policy and permit us to make a final and not appealable decision on any HARACOIN Resolution Center case.
I. Contact HARACOIN:
If you have any feedback, questions or complaints contact us at email@example.com.
In the event of a complaint, please set out the cause of your complaint, how you would like us to resolve the complaint and any other information you believe to be relevant. We will acknowledge your complaint promptly upon receipt. A Customer Service Representative (“CSR”) will consider your complaint. The CSR will consider your complaint without prejudice based on the information you have provided and any information provided by HARACOIN.
8. General Provisions
I. Limitations of Liability:
In no event shall HARACOIN, its affiliates and service providers, or any of their respective officers, directors, agents, joint ventures, employees or representatives, be liable for any claim or demand, lost profits or any special, incidental or consequential damages, including legal fees, arising out of or in connection with the HARACOIN site, the HARACOIN services, the HARACOIN account or this agreement (however arising, including negligence).
II. No Warranty:
The HARACOIN services are provided “as is” and “as available” basis without any representation or warranty, whether express, implied or statutory. HARACOIN specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. HARACOIN does not guarantee continuous, uninterrupted or secure access to any part of HARACOIN services, and operation of the HARACOIN site may be interfered with by numerous factors outside of our control. HARACOIN will make reasonable efforts to ensure that passcodes to complete a deal, escrow outflows, refunds, are processed in a timely manner but HARACOIN makes no representations or warranties regarding the amount of time needed to complete processing because the HARACOIN services are dependent upon many factors outside of our control, such as delays in the blockchain system.
We try to keep our Services safe, secure, and functioning properly, but we cannot guarantee the continuous operation of or access to our Services. Price update and other notification functionality in HARACOIN’s applications may not occur in real time. Such functionality is subject to delays beyond HARACOIN’s control. In addition, to the extent permitted by applicable law, we (including our parent, subsidiaries, and affiliates, and our and their officers, directors, agents and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
• Your use of or your inability to use our Services;
• Your dispute with one or more users;
• Pricing, other guidance provided by HARACOIN;
• Delays or disruptions in our Services;
• Viruses or other malicious software obtained by accessing or linking to our Services;
• Glitches, bugs, errors, or inaccuracies of any kind in our Services;
• Damage to your hardware device from the use of any HARACOIN Service;
• Actions, or inactions of other users;
• A suspension or other action taken with respect to your account or breach of the Abusing HARACOIN Section above;
• The duration or manner in which the status of your deal appears to other users, or
• Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to this User Agreement or our policies.
In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
III. Entire Agreement:
This Agreement sets forth the entire understanding and agreement between you and HARACOIN as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between and among you and HARACOIN.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HARACOIN without restriction, including without limitation to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the HARACOIN Services. Any attempted transfer or assignment in violation hereof shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
VI. Change of Control:
In the event that HARACOIN is acquired by or merged with a third-party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from you as part of such merger, acquisition, sale, or other change of control.
All provisions of this Agreement which by their nature extend beyond the expiration or termination of this Agreement, shall survive the termination or expiration of this Agreement.
We may amend or modify this Agreement by posting on the HARACOIN Site or emailing to you the revised Agreement. By continuing to access or use the HARACOIN Services once the revised Agreement is effective, you agree to be bound by the Agreement. You further agree that we may (a) modify or discontinue any portion of the HARACOIN Services, and (b) suspend or terminate your access to the HARACOIN Services, at any time, and from time to time. You agree that we shall not be liable to you or any third party for any modification or termination of the HARACOIN Services, or suspension or termination of your access to the HARACOIN Services.
IX. Governing Law and Jurisdiction:
• This Agreement will be governed by United States law.
• This Agreement is subject to the jurisdiction of the United States courts.
X. Force Majeure:
We shall not be liable for delays, failure in performance or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorists, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services or the blockchain, failure of equipment and/or software, other catastrophe or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
XI. Section Headings:
Section headings in this Agreement are for convenience only, and shall not govern the meaning or interpretation of any provision of this Agreement.
XII. English Language Controls:
Notwithstanding any other provision of this Agreement, any translation of this Agreement is provided for your convenience. The meanings of terms, conditions, and representations herein are subject to definitions and interpretations in the English language. Any translation provided may not accurately represent the information in the original English.
Third party for any modification or termination of the HARACOIN Services, or suspension or termination of your access to the HARACOIN Services.
9. HARACOIN Tokens Selling Policy
In the United States, HRC Tokens will be offered and sold only to accredited investors pursuant to Section 4(a)(5) and/or Rule 506(c) of the U.S. Securities Act and Regulation D promulgated thereunder.
10. Anti-Money Laundering (AML) Policy
The HARACOIN AML Policy is designed to prevent money laundering by meeting the US AML legislation obligations including the need to have adequate systems and controls in place to mitigate the risk of the firm being used to facilitate financial crime.