TERMS AND CONDITIONS OF SERVICE
A. General Terms
B. Linking and Framing
C. Inquiries Regarding this Web Site: [email protected]
D. Copyright Infringement Claims
PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE (“TOS”) BEFORE USING THIS WEB SITE. BY CONTINUING TO ACCESS OR USE THIS SITE, OR ANY SERVICE ON THIS SITE, YOU SIGNIFY YOUR ACCEPTANCE OF THE TOS. MEHEMET GAZIOGLU RESERVES THE RIGHT TO AMEND, REMOVE, OR ADD TO THE TOS AT ANY TIME. SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY. ACCORDINGLY, PLEASE CONTINUE TO REVIEW THE TOS WHENEVER ACCESSING OR USING THIS SITE. YOUR USE OF THIS SITE, OR ANY SERVICE ON THIS SITE, AFTER THE POSTING OF MODIFICATIONS TO THE TOS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE TOS, AS MODIFIED.
A. GENERAL TERMS
1. Intellectual Property. This Web site, including, but not limited to, text, content, art, images, photographs, video, audio, graphics, services, and material of any nature (the “Web Site”), is protected by copyrights, trademarks, service marks, international treaties, and other proprietary rights and laws of Turkey and other countries. All individual art, photographs, articles and other elements making up the Web Site are also copyrighted works. You acknowledge that the Web Site has been developed, compiled, prepared, revised, selected, and arranged by MEHMET GAZIOGLU and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property and trade secrets of MEHMET GAZIOGLU and such others. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Web Site (the “Intellectual Property Rights”) shall, as between you and MEHMET GAZIOGLU, at all times be and remain the sole and exclusive property of MEHMET GAZIOGLU. All present and future rights in and title to the Web Site (including the right to exploit the Web Site and any portions of the Web Site over any present or future technology) are reserved to MEHMET GAZIOGLU for its exclusive use. Except as specifically permitted herein, you shall not use MEHMET GAZIOGLU’s Intellectual Property Rights or the Web Site, or the names of any individual participant in, or contributor to, the Web Site or any variations or derivatives thereof, for any purpose, without MEHMET GAZIOGLU’s prior written approval.
2. Restrictions on Use. You may use the Web Site for your personal, non-commercial use only, and you may not copy, reproduce, republish, download, upload, post, transmit, distribute, modify, reuse, repost, or make any other use of the Web Site, or any portion thereof. You may not sell, prepare derivative works based on or modify the Web Site (including, without limitation, preparation of summaries of the content or “thumbnails” of any images therein), or any portion thereof, or reproduce, publicly display, publicly perform, distribute, or otherwise use the Web Site in any way for any public or commercial purpose. The use of any information contained on the Web Site on any other web site, or in any publication, database, catalog or compilation, or in a networked computer environment for any purpose other than personal browsing of the Web Site without the express prior written permission of MEHMET GAZIOGLU is strictly prohibited. Notwithstanding the above, you may view and download a single copy of Web Site press releases or images solely for your personal, non-commercial use. With respect to any copy you make of the Web Site content within the scope of the limited personal license granted herein, you must retain therein, unmodified and unobscured, any and all copyright and other proprietary notices contained in the original content. Some of the content may contain digital “watermarks” to indicate their source and ownership. You agree not to attempt to remove, deactivate, reverse engineer, modify, tamper with or obscure any such watermarks. You shall not use the Web Site in any defamatory, disparaging, or otherwise objectionable manner or in any manner that would give rise to civil or criminal liability.
(1) not to use the Web Site for illegal purposes or in any manner inconsistent with the TOS;
(2) not to interfere or disrupt networks connected to the Web Site;
(3) to protect the proprietary rights of MEHMET GAZIOGLU and all others having rights in the Web Site during and after the term of this TOS;
(4) to comply with all reasonable written requests made by MEHMET GAZIOGLU or its providers of content, equipment, or otherwise (“Providers”) to protect their and others’ contractual, statutory, and common law rights in the Web Site; and
(5) not to use, transfer, distribute, or dispose of any information contained on the Web Site in any manner that could compete with the business of MEHMET GAZIOGLU. You further agree to immediately notify MEHMET GAZIOGLU in writing (A) upon becoming aware of any unauthorized access or use of the Web Site by any party or of any claim that the Web Site infringes upon any copyright, trademark, or other contractual, statutory, or common law rights; or (B) upon becoming aware of any other discrepancy with the Web Site. You agree that MEHMET GAZIOGLU shall not be deemed to have received any transaction request electronically submitted by you until MEHMET GAZIOGLU acknowledges to you that MEHMET GAZIOGLU has received the request. You will not use the Web Site or the information contained therein in unsolicited mailings or spam material. You agree to comply with any other applicable terms and conditions of service set forth on the Web Site.
3. License. You acquire absolutely no rights or licenses in or to the Web Site, or any portion thereof, other than the limited right to utilize the Web Site in accordance with the TOS. If you submit material to this site or to MEHMET GAZIOGLU or its representative, unless MEHMET GAZIOGLU indicates otherwise, you grant MEHMET GAZIOGLU, its affiliates, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such content throughout the world in any form, media, or technology now known or hereafter developed. You also permit any other user to access, store, or reproduce such material for that user’s personal use. You grant MEHMET GAZIOGLU and its affiliates, representatives, and sublicensees the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the material that you submit; that the material you submit is truthful and accurate; that use of the material you supply does not violate this TOS and will not cause injury to any person or entity; and that you will indemnify MEHMET GAZIOGLU and its affiliates for all claims resulting from material you supply. MEHMET GAZIOGLU takes no responsibility and assumes no liability for any material submitted by you or any third party.
4. Registration and Accounts. MEHMET GAZIOGLU reserves the right, in its sole discretion, to require registration and account creation to obtain access to the Web Site or certain portions of the Web Site. Certain Web Site users will have the opportunity to use accounts or log-in information, such as a password, provided offline to those users by MEHMET GAZIOGLU that will allow such users to obtain access to a certain portion of the Web Site. You shall be solely responsible for maintaining the confidentiality of your password. You shall immediately notify MEHMET GAZIOGLU at [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are fully responsible for all usage or activity on your MEHMET GAZIOGLU account, including, but not limited to, use of the account by any third party authorized by you, or who obtained access to your account through you, to use your username and password. The use of your account by any individual under age eighteen (18) is strictly prohibited. If the computer system on which you accessed the Web Site is sold or transferred to another party, you warrant and represent that you will delete all cookies and software files obtained by or through the use of the Web Site. MEHMET GAZIOGLU reserves the right to terminate your account, in its sole discretion, at any time without notice. You may terminate your account at any time by sending an e-mail to [email protected] Notwithstanding anything else herein, MEHMET GAZIOGLU reserves the right to pursue any and all claims against any user of your account.
5. Disclaimer. THE CONTENT PROVIDED ON THE WEB SITE IS FOR INFORMATION PURPOSES ONLY. NOTHING CONTAINED IN THE WEB SITE SHALL IN ANY WAY CONSTITUTE AN OFFER, OR A SOLICITATION OF AN OFFER, BY MEHMET GAZIOGLU, OR BY ITS PARENT COMPANY, SUBSIDIARIES, OR AFFILIATES, TO PROVIDE ANY SERVICE OR PRODUCT THAT INCLUDES, BUT IS NOT LIMITED TO ANY ART. YOU AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT THE WEB SITE AND ANYTHING CONTAINED WITHIN THE WEB SITE (THE “ITEMS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT MEHMET GAZIOGLU MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEB SITE OR THE ITEMS, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE. MEHMET GAZIOGLU DOES NOT WARRANT THAT THE WEB SITE, OR E-MAIL SENT BY MEHMET GAZIOGLU OR ITS REPRESENTATIVE, IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE WEB SITE IS FREE OF ERRORS OR VIRUSES, WORMS OR “TROJAN HORSES,” OR ANY OTHER HARMFUL, INVASIVE, OR CORRUPTED FILES, AND IS NOT LIABLE FOR ANY DAMAGE YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. THE CONTENT OF OTHER WEB SITES, SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEB SITE IS NOT MAINTAINED OR CONTROLLED BY MEHMET GAZIOGLU. MEHMET GAZIOGLU IS NOT RESPONSIBLE FOR THE AVAILABILITY, CONTENT, OR ACCURACY OF THE WEB SITE AND OTHER WEB SITES, SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEB SITE. MEHMET GAZIOGLU DOES NOT: (A) MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE LINKS PROVIDED ON, OR TO, THE WEB SITE; (B) GUARANTEE THE ACCURACY, COMPLETENESS, USEFULNESS, OR ADEQUACY OF ANY OTHER WEB SITES, SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEB SITE; OR (C) MAKE ANY ENDORSEMENT, EXPRESS OR IMPLIED, OF ANY OTHER WEB SITES, SERVICES, GOODS, OR ADVERTISEMENTS THAT MAY BE LINKED TO THE WEB SITE. MEHMET GAZIOGLU IS ALSO NOT RESPONSIBLE FOR THE RELIABILITY OR CONTINUED AVAILABILITY OF THE TELEPHONE LINES, WIRELESS SERVICES, COMMUNICATIONS MEDIA, SOFTWARE, AND EQUIPMENT YOU USE TO ACCESS THE WEB SITE.
6. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MEHMET GAZIOGLU, ITS PROVIDERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR ANY FAULT, FAILURE, ERRORS, INACCURACY, UNAVAILABILITY, OMISSION, DELAY, INJURIES, OR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, EVEN IF MEHMET GAZIOGLU HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE WEB SITE OR ANY LINKS OR ITEMS ON THE WEB SITE, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS.
7. Your Authority to Agree to the TOS. You represent, warrant, and covenant that: (a) you are at least eighteen (18) years old; and (b) you have the power and authority to enter into this agreement.
8. Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless MEHMET GAZIOGLU and its employees, representatives, Providers, affiliates, and agents, against any claim, suit, action, or other proceeding brought against MEHMET GAZIOGLU, its employees, representatives, Providers, affiliates, and agents, by a third party, to the extent that such claim, suit, action, or other proceeding brought against MEHMET GAZIOGLU, its employees, representatives, Providers, affiliates, and agents is based on or arises in connection with the Web Site, or any links on the Web Site, including, but not limited to:
(i) your use or someone using your computer’s use of the Web Site;
(ii) someone using your account on the Web Site, where applicable;
(iii) a violation of the TOS by you or anyone using your computer (or account, where applicable);
(iv) a claim that any use of the Web Site by you or someone using your computer (or account, where applicable) infringes any Intellectual Property Right of any third party, or any right of personality or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party;
(v) any deletions, additions, insertions, or alterations to the Web Site by you or someone using your computer (or account, where applicable);
(vi) any misrepresentation or breach of representation or warranty made by you contained herein; or
(vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ and experts’ fees and costs awarded against or otherwise incurred by or in connection with any such claim, suit, action, or proceeding attributable to any such claim. MEHMET GAZIOGLU reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MEHMET GAZIOGLU in asserting any available defense. You acknowledge and agree to pay MEHMET GAZIOGLU’s reasonable attorneys’ fees incurred in connection with any and all lawsuits brought against you by MEHMET GAZIOGLU under the TOS and any other terms and conditions of service on www.mehmetgazioglu.com, including, but not limited to, lawsuits arising from your failure to indemnify MEHMET GAZIOGLU pursuant to the TOS.
9. Governing Law. The Turkish version of the TOS will be regarded as the main legal document. The TOS shall be governed and construed in accordance with the laws of Turkey without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the courts located in Turkey with respect to any legal proceedings that may arise in connection with the Web Site or from a dispute as to the interpretation or breach of the TOS.
10. You accept that MEHMET GAZIOGLU has the right to change the content or technical specifications of any aspect of the Web Site at any time in MEHMET GAZIOGLU’s sole discretion. You further accept that such changes may result in your being unable to access the Web Site. The failure of MEHMET GAZIOGLU to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
11. Headings. The section titles in the TOS are used solely for the convenience of you and MEHMET GAZIOGLU and have no legal or contractual significance.
12. Severability. If any provision of the TOS is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOS will remain in force.
13. Termination. Either you or MEHMET GAZIOGLU may terminate the TOS with or without cause at any time and effective immediately. You may terminate the TOS by discontinuing your use of the Web Site. MEHMET GAZIOGLU may terminate the TOS immediately without notice if you, in MEHMET GAZIOGLU’s sole discretion, fail to comply with any provision of the TOS. Upon termination by you or MEHMET GAZIOGLU, you must destroy promptly all materials obtained from the Web Site and any copies thereof.
B. LINKING AND FRAMING. You may not deep-link to (i.e., linking to Web pages other than the home page of this Web Site) or frame (i.e., bringing up or presenting content of this Web Site within another web site) this Web Site. You may not link to www.mejmetgazioglu.com any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information, or material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights.
C. INQUIRIES REGARDING THIS WEB SITE
For inquiries regarding this Web Site, send e-mail to [email protected]
D. COPYRIGHT INFRINGEMENT CLAIMS
MEHMET GAZIOGLU respects the intellectual property of others, and we ask you to do the same. MEHMET GAZIOGLU may, in appropriate circumstances and in its sole discretion, terminate specific services offered by MEHMET GAZIOGLU to users who infringe the intellectual property rights of others.