TERMS OF SERVICE


OVERVIEW

This platform is operated by “The Rising Social”. Throughout the Platform, the terms “we”,
“us” and “our” refer to “The Rising Social”. The Rising Social offers this Platform, including
all information, tools and Services available from this Platform to you, the user, conditioned
upon your acceptance of all terms, conditions, policies and notices stated here.
To use our Platform you must be over the age of 18. If you are accepting these Terms and
using the Services on behalf of a company, organisation, government, or other legal entity,
you represent and warrant that you are authorised to do so and have the authority to bind such
entity to these Terms, in which case the words “you” and “your” as used in these Terms shall
refer to such entity.
We are not liable for accounts where the user lied on the birth date registration field, but if
account if found to be accesses by someone under the age of 18 then the account will be
removed with no notice
By visiting our Platform you agree to be bound by our terms and conditions (“Terms of
Service”, “Terms”), including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to all users of the
Platform, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our Platform. By
accessing or using any part of the Platform, you agree to be bound by these Terms of Service.
If you do not agree to all the terms and conditions of this agreement, then you may not access
the Platform or use any Services. If these Terms of Service are considered an offer,
acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added shall also be subject to these Terms of Service.
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change or replace any part of these Terms of Service by
posting updates and/or changes to our Platform. It is your responsibility to check this page
periodically for changes. Your continued use of or access to the Platform following the
posting of any changes constitutes acceptance of those changes.

 

SECTION 1 – Content on Services

By agreeing to these Terms of Service, you represent that you are at least 18 years
old, and you are responsible for your use of the Services and for any Content you
share, including compliance with applicable laws, rules, and regulations. You should
only provide Content that you are comfortable sharing with others.
Any use or reliance on any Content or materials posted via the Services or obtained
by you through the Services is at your own risk. We do not endorse, support, represent
or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or
communications posted via the Services or endorse any opinions expressed via the
Services. You understand that by using the Services, you may be exposed to Content
that might be offensive, harmful, inaccurate or otherwise inappropriate. All Content is
the sole responsibility of the person who originated such Content. We may not
monitor or control the Content posted via the Services and, we cannot take
responsibility for such Content.
We reserve the right to remove Content that violates these Terms, including for
example, copyright or trademark violations or other intellectual property
misappropriation, impersonation, unlawful conduct, or harassment, harmful material,
pornographic material and any child pornographic material which will be handed to
the local authorities.
If you believe that your Content has been copied in a way that constitutes copyright
infringement, please report this to us.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited
to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.


SECTION 2 - GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.
What’s yours is yours — you own your Content (and your incorporated audio, photos
and videos are considered part of the Content).
You represent and warrant that you have, or have obtained, all rights, licenses,
consents, permissions, power and/or authority necessary to grant the rights granted
herein for any Content that you submit, reproduce, duplicate, copy, post or display on
or through the Services. You agree such Content will not contain material subject to
copyright or other proprietary rights, unless you have necessary permission or are
otherwise legally entitled to post the material.
You understand that your content may be transferred unencrypted and involve (a)
transmissions over various networks; and (b) changes to conform and adapt to
technical requirements of connecting networks or devices.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF
INFORMATION

We are not responsible if information made available on this Platform is not accurate,
complete or current. The material on this Platform is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this Platform is at your own risk.
This Platform may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve the
right to modify the contents of this Platform at any time, but we have no obligation to
update any information on our Platform. You agree that it is your responsibility to
monitor changes to our Platform.


SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

Prices for advertising are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or
content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change,
suspension or discontinuance of the Service.


SECTION 5 – Using the Service

Certain products or Services may be available through this Platform and may have
limited quantities which we are not in control of.
Our Services evolve constantly. As such, the Services may change from time to time,
at our discretion. We may stop (permanently or temporarily) providing the Services or
any features within the Services to you or to users generally. We also retain the right
to create limits on use and storage at our sole discretion at any time. We may also
remove or refuse to distribute any Content on the Services, limit distribution or
visibility of any Content on the platform if it goes against our Terms.
We have the right to block or remove a user if found to go against these Terms, we
will contact you in all cases, we do not ban people for speaking just anything that is in
section 1 (Content on the Services).
In consideration for our granting you access to and use of the platform, you agree that
we and partners may place advertising on the platform or in connection with the
display of Content or information from the platform whether submitted by you or
others. You also agree not to misuse our Services, for example, by interfering with
them or accessing them using a method other than the interface and the instructions
that we provide. You agree that you will not work around any technical limitations in
the software provided to you as part of the Services, or reverse engineer, decompile or
disassemble the software, except and only to the extent that applicable law expressly
permits. You may not do any of the following while accessing or using the Services:

Access, tamper with, or use non-public areas of the Services, our
computer systems, or the technical delivery systems of our providers;
Probe, scan, or test the vulnerability of any system or network or
breach or circumvent any security or authentication measures;
Access or search or attempt to access or search the Services by any
means (automated or otherwise) other than through our currently
available, published interfaces that are provided by us (and only
pursuant to the applicable terms and conditions), unless you have been
specifically allowed to do so in a separate agreement with us (NOTE:
crawling the Services is not permissible and we don’t allow scraping
the Services without our prior consent is expressly prohibited);
Forge any TCP/IP packet header or any part of the header information
in any email or posting, or in any way use the Services to send altered,
deceptive or false source-identifying information; or
Interfere with, or disrupt, (or attempt to do so), the access of any user,
host or network, including, without limitation, sending a virus,
overloading, flooding, spamming, mail-bombing the Services, or by
scripting the creation of Content in such a manner as to interfere with
or create an undue burden on the Services. We also reserve the right to
access, read, preserve, and disclose any information as we reasonably
believe is necessary to child protection.


SECTION 6 – Your Account

You need to create an account to use our Services. You are responsible for
safeguarding your account, so use a strong password and limit its use to this
account. We cannot and will not be liable for any loss or damage arising from
your failure to comply with the above.
We hold no responsibility for loss of data on our services, we have a back
procedure in place which has an offsite daily backup service, but due to
situations out of our control we offer no liability.
You can control most communications from the Services. We may need to
provide you with certain communications, such as service announcements and
administrative messages. These communications are considered part of the
Services and your account, and you may not be able to opt-out from receiving
them
We reserve the right to refuse any account application and to block/delete
accounts when necessary. In the event your account is deleted, all your data
and profile will be deleted from the server cache during the next 24 hrs.

 

SECTION 7 - THIRD-PARTY LINKS (Advertisers)

Certain content, products and Services available via our Service may include
materials from third-parties.
Third-party links on this Platform may direct you to third-party Platform
which are not affiliated with us. We are not responsible for examining or
evaluating the content or accuracy and we do not warrant and will not have
any liability or responsibility for any third-party materials or Platforms, or for
any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, Services, resources, content, or any other transactions made in
connection with any third-party Platforms. Please review carefully the third-
party's policies and practices and make sure you understand them before you
engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.


SECTION 8 - USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS

If, at our request, you send certain specific submissions or without a request
from us you send creative ideas, suggestions, proposals, plans, or other
materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit,
copy, publish, distribute, translate and otherwise use in any medium any
comments that you forward to us. We are and shall be under no obligation (1)
to maintain any comments in confidence; (2) to pay compensation for any
comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion to be unlawful, offensive, threatening,
libellous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related Platform. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or third-
parties as to the origin of any comments. You are solely responsible for any
comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.

 

SECTION 9 - PERSONAL INFORMATION

Your submission of personal information through the store is governed by our
Privacy Policy. To view our Privacy Policy, please see here (this link needs to
be added)


SECTION 10 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Platform or in the Service that
contains typographical errors, inaccuracies or omissions. We reserve the right
to correct any errors, inaccuracies or omissions, and to change or update
information or cancel any information in the Service or on any related
Platform is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the
Service or on any related Platform, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related Platform, should be taken to indicate
that all information in the Service or on any related Platform has been
modified or updated.

 

SECTION 11 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the Platform or its content:

(a) For any unlawful purpose;
(b) To solicit others to perform or participate in any unlawful acts;
(c) To violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or
the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses or any other type of malicious
code that will or may be used in any way that will affect the
functionality or operation of the Service or of any related
Platform, other Platforms, or the Internet;
(h) To collect or track the personal information of others;
(i) To spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for
any obscene or immoral purpose;
(k) To interfere with or circumvent the security features of the
Service or any related Platform, other Platforms, or the Internet.
We reserve the right to terminate your use of the Service or any
related Platform for violating any of the prohibited uses.

 

SECTION 12 - DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY

To the maximum extent permitted by applicable law, “The Rising Social
Entities” shall not be liable for any indirect, incidental, special, consequential
or punitive damages, or any loss of profits or revenues, whether incurred
directly or indirectly, or any loss of data, use, goodwill, or other intangible
losses, resulting from (i) your access to or use of or inability to access or use
the services; (ii) any conduct or content of any third party on the services,
including without limitation, any defamatory, offensive or illegal conduct of
other users or third parties; (iii) any content obtained from the services; or (iv)
unauthorised access, use or alteration of your transmissions or content. We do
not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and Services delivered to you through
the service are (except as expressly stated by us) provided 'as is' and 'as
available' for your use, without any representation, warranties or conditions of
any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall “The Rising Social”, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or licensors
be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive,
special, or consequential damages of any kind, including, without limitation
lost profits, lost revenue, lost savings, loss of data, replacement costs, or any
similar damages, whether based in contract, tort (including negligence), strict
liability or otherwise, arising from your use of any of the service or any
products procured using the service, or for any other claim related in any way
to your use of the service or any product, including, but not limited to, any
errors or omissions in any content, or any loss or damage of any kind incurred
as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of
their possibility.
Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by
law.

 

SECTION 13 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless “The Rising Social” and
our parent, subsidiaries, affiliates, partners, officers, directors, agents,
contractors, licensors, service providers, subcontractors, suppliers, interns and
employees, harmless from any claim or demand, including reasonable
attorneys’ fees, made by any third-party due to or arising out of your breach of
these Terms of Service or the documents they incorporate by reference, or
your violation of any law or the rights of a third-party.


SECTION 14 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be
unlawful, void or unenforceable, such provision shall nonetheless be
enforceable to the fullest extent permitted by applicable law, and the
unenforceable portion shall be deemed to be severed from these Terms of
Service, such determination shall not affect the validity and enforceability of
any other remaining provisions.


SECTION 15 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our
Platform.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly
may deny you access to our Services (or any part thereof).


SECTION 16 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms
of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on
this Platform or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.


SECTION 17 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of
United Kingdom.

 

SECTION 18 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time
at this page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our Platform.
It is your responsibility to check our Platform periodically for changes. Your
continued use of or access to our Platform or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those
changes.


SECTION 19 – DATA PROTECTION

Data protection principles – “The Rising Social” is committed to processing
data in accordance with its responsibilities under the DPA.
DPA requires that personal data shall be:

 

a. Processed lawfully, fairly and in a transparent manner in
relation to individuals;

b. Collected for specified, explicit and legitimate purposes and not
further processed in a manner that is incompatible with those
purposes; further processing for archiving purposes in the
public interest, scientific or historical research purposes or
statistical purposes shall not be considered to be incompatible
with the initial purposes;

c. Adequate, relevant and limited to what is necessary in relation
to the purposes for which they are processed;

d. Accurate and, where necessary, kept up to date; every
reasonable step must be taken to ensure that personal data that
are inaccurate, having regard to the purposes for which they are
processed, are erased or rectified without delay;

e. Kept in a form which permits identification of data subjects for
no longer than is necessary for the purposes for which the personal
data are processed; personal data may be stored for longer periods
insofar as the personal data will be processed solely for archiving
purposes in the public interest, scientific or historical research purposes
or statistical purposes subject to implementation of the appropriate
technical and organisational measures required by the DPA in order to
safeguard the rights and freedoms of individuals;

f. Processed in a manner that ensures appropriate security of the
personal data, including protection against unauthorised or unlawful
processing and against accidental loss, destruction or damage, using
appropriate technical or organisational measures.”

For more information click here for our Data Protection Policy (Still Under Construction)