1. Subject and Scope of the Terms
The subject of this Terms is setting out terms and conditions regarding the photograph, picture, text, video, and other contents (all together as “Content”) reached from or shared on the Site, terms, and conditions relevant to the use of Site and services provided via the Site by the User and rights and obligations of the Parties within this respect. All rules, notices, and declarations about the use of the Site presented on the Site shall be deemed as annexes to and an integral part of the Terms and with this Terms, the User accepts, declares, and undertakes that it has accepted in advance that it has read understood all notices, warnings and statements located or to be located on the Site.
2. Rights and Obligations of the Parties
- User shall comply with the terms that may be published on the Site from time to time, with the law, moral and good faith principle in all its operations conducted on the Site and shall not conduct activities that may hinder the functioning of the Site with any method or that are violating or may violate third parties’ rights.
- Company owns all rights on the software, images, designs, texts, logos, and graphics in the Site. Copying and/or using beyond the use of the Site of the information and/or software used in the design, content, and creation of the database, copying, transmitting, processing, or using in other forms data such as all pictures, text, image, document, and the Content located within the Site is prohibited. Additionally, it is prohibited for the User (i) to engage in actions which may threaten the security of the Site or to attempt anything hindering the working of software belonging to the Site or the use of the Site by other Users; (ii) to impose any unproportionate load on the Site, to access unauthorizedly to information and Content published on the Site and/or uploaded by others, to copy, erase, alter these information or attempt to these actions; (iii) to conduct activities that may threat the general security of the Site and/or that may harm the Site, Company or other Users; (iv) to use or attempt to use software effecting the functioning of the Site and the software used or to hinder, impair, reverse engineer, attack, occupy or interfere with the functioning of any software, device and servers in any way and to attempt to gain access to Company’s servers.
- Provisions regarding the information and contents provided by the User are set out within the scope of the Privacy Notice and the Company shall not use or disclose User information outside the scope defined in this Terms and the Privacy Notice.
- The User accepts that access to the Site may be temporarily interrupted to implement improvements and other changes on the Site.
- The Company reserves its right to revise this Terms published via the Site without any reason or prior notification at any time by its sole discretion, to make additions or to renew and re-organize the Site, to change its subject, scope, and content and to cease the transmission. Alteration on the Terms, the and other provisions shall enter into force at the date of publish on the Site and the User shall be deemed to have accepted the current provisions with the use of the Site.
- All legal, administrative, and criminal liability shall belong to the User arising from the use of the Site and conducting relevant transactions via the Site. Company shall not be held liable directly or indirectly from damages suffered or may be suffered by third parties as a result from activities conducted by the User via the Site and/or during the transactions and/or by its actions against this Terms and law. All demands coming from third parties within this scope and damages suffered by the Company due to User’s non-fulfillment of its obligations set out under this Terms or applicable legislation shall be recoursed to the User to be paid upon first request with the secondary damages.
3. Limitation of Liability
- Company shall not be liable for any direct or indirect damages which may arise resulting from other than its own gross negligence from a breach of the Terms, tort or other reasons related to the access to the Site, use of the Site or information and other data or programs etc. from the Site, use of services or Content shared on the Site. The Company shall not be liable for any fault, negligence, erasure or loss of data, delay of a process or communication, computer virus, communication error, theft, destruction, unauthorized access to or alteration or use of records resulting from a breach of the Terms, tort, negligence, or other reasons. It is accepted that the Company is released from visits made to the Site, linked websites or use of the Site and any kind of liability, damages and claims including courts and other expenses arising out of the visits/use.
- THE USER SHALL SOLELY BEAR ALL THE RISK RELEVANT TO THE USE OF THE SITE AND BENEFITING FROM SERVICES. THE USER ACCEPTS, DECLARES AND UNDERTAKES THAT IT SHALL NOT MAKE ANY DEMAND RELEVANT TO THE USE OF THE SITE FROM THE COMPANY UNDER ANY NAME; THAT THE COMPANY IS NOT GUARANTEEING OR UNDERTAKING ANYTHING WITH RESPECT TO THE CONTENTS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CRIMINAL DAMAGES, WHICH MAY BE INCURRED AS A RESULT OF THE USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR LOSS OF REPUTATION. THE SITE AND PRODUCTS, SERVICES AND OTHER CONTENTS PROVIDED VIA THE SITE ARE BEING OFFERED “AS IS” AND THE COMPANY DOES NOT PROVIDE ANY COMMITMENT OR UNDERTAKING WITH REGARD TO THEIR AUTHENTICITY, ACCURACY OR SECURITY. THE COMPANY DOES NOT COMMIT ANY UNDERTAKING EXPLICITLY OR IMPLICITLY REGARDING THE MERCHANTABILITY, COMPABILITY OR INFRINGEMENT FOR A SPECIFIC PURPOSE OR USE.
- User agrees and declares that links to other websites and/or platforms, documents or contents that are not under the Company’s control may be presented via the Site, services belonging to third parties may be provided and that these kinds of links are not for the purpose of supporting the relevant website or its operator/service provider or do not constitute any declaration or guarantee with respect to the website or information within, that the Company is not liable for the platforms, websites, documents and contents, services or products or their content reached via the said links.
- The User accepts and declares that the availability and quality of the Site and contents presented via the Site substantially depend upon the service quality provided by the relevant internet service provider, that the Company is not responsible for any problems arising from such service quality, that the Site is not free from defect and that there might be technical malfunction or access complications from time to time.
- The User accepts that the Company is not guaranteeing that there shall be no virus, worm or other types of attacks or unauthorized access to the Site or there shall be no transfer of information to or from the Site.
4. Force Majeure
The Company shall not be liable in the event of not fulfilling or late or incomplete fulfilling of the obligation of this Terms in cases of force majeure. Events occurring outside of the relevant party’s control including but not limited to natural disaster, riot, war, strike, lockout, malfunctioning of telecommunication infrastructure, power outage and bad weather conditions shall be regarded as force majeure. The liabilities and obligations of the parties shall be suspended for the duration of any force majeure. If such force majeure event lasts longer than 1 (one) month, the party whose rights are violated shall be entitled to terminate this Terms.
5. Suspension, Transfer and Termination of the Terms
If the User fail to comply with the provisions of this Terms declared at the Site, that the User’s activities at the Site poses a risk in a legal, technical or information safety areas or violates third parties’ personal and commercial rights or without any reason the Company may temporarily or permanently suspend the Site or the Terms. The User shall not make any demands for this reason.
- The Company shall be entitled to terminate, temporarily or permanently suspend the Site and/or the Terms at any time.
- User shall not transfer this Terms and/or its rights and obligations arising from the Terms to third parties without Company’s explicit written approval. Company has the right to transfer the Terms and its rights and obligations arising from the Terms to third parties.
6. Dispute Resolution
In the event of any dispute relevant to this Terms, provisions set out in this Terms shall be applied primarily and for cases for which there are no provision Laws of the Turkish Republic shall be applied. İstanbul Central (Çağlayan) Courts and Execution Offices shall have jurisdiction in disputes arising from this Terms.