Our intellectual
property
We are the owner or the licensee of all intellectual
property rights in our Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the Services (collectively,
the "Content"),
as well as the trademarks, service marks, and logos contained therein (the "Marks").
Our Content and Marks are protected by copyright and
trademark laws (and various
other intellectual property rights and unfair competition laws) and treaties in the United
States and around the world.
The Content and Marks are provided in or through the
Services "AS IS"
for your internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES
" section
below, we grant you a non-exclusive, non-transferable, revocable
license to:
- access the Services; and
- download or print a copy of any portion of the Content to which you
have properly gained access.
solely for your
internal business purpose.
Except as set out in this section or elsewhere in
our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services,
Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please
address your request to: legal@kareku.com. If we ever grant you the
permission to post, reproduce, or publicly display any part of our Services or Content, you must
identify us as the owners or licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our
Content.
We reserve all rights not expressly granted to you
in and to the Services, Content, and Marks.
Any breach of these Intellectual Property Rights
will constitute a material breach of our Legal Terms and your right to use our Services will
terminate immediately.
Your submissions and contributions
Please review this section and the "
PROHIBITED ACTIVITIES
" section
carefully prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the Services.
Submissions: By directly sending us any question,
comment, suggestion, idea, feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such Submission. You agree that we
shall own this Submission and be entitled to its unrestricted use and dissemination for any
lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat,
contribute to, or participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish, distribute, or broadcast
content and materials to us or through the Services, including but not limited to text,
writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ("Contributions"). Any Submission that is publicly posted shall
also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a license
(including use of your name, trademarks, and logos): By posting any
Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license to: use, copy, reproduce, distribute,
sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat,
translate, excerpt (in whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise,
to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution
may occur in any media formats and through any media channels.
This license includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide.
You are responsible for what you post or upload: By
sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by
linking your account through the Services to any of your social networking accounts, you:
- confirm that you have read and agree with our "PROHIBITED ACTIVITIES
" and will
not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group,
sexually explicit, false, inaccurate, deceitful, or misleading;
- to the extent permissible by applicable law, waive any and all
moral rights to any such Submission and/or Contribution
;
- warrant that any such Submission
and/or Contributions are original to you or
that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us
the above-mentioned rights in relation to your Submissions
and/or Contributions; and
- warrant and represent that your Submissions and/or Contributions do not constitute confidential
information.
You are solely
responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and
all losses that we may suffer because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or
edit your Content: Although we have no obligation to monitor any Contributions, we
shall have the right to remove or edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your account and report you to
the authorities.
Copyright
infringement
We respect the
intellectual property rights of others. If you believe that any material available on or through the
Services infringes upon any copyright you own or control, please immediately refer to the
"
COPYRIGHT INFRINGEMENTS
"
section below.
11. SOCIAL
MEDIA
As part
of the functionality of the Services, you may link your account with online
accounts you have with third-party service providers (each such account, a "Third-Party Account") by either: (1) providing your
Third-Party Account login information through the Services; or (2) allowing us
to access your Third-Party Account,
as is permitted under the applicable terms and conditions that govern your use
of each Third-Party Account. You
represent and warrant that you are entitled to disclose your Third-Party Account login information
to us and/or grant us access to your Third-Party Account, without breach by
you of any of the terms and conditions that govern your use of the applicable
Third-Party Account, and without
obligating us to pay any fees or making us subject to any usage limitations
imposed by the third-party service provider of the Third-Party Account. By granting us
access to any Third-Party Accounts,
you understand that (1) we may access, make available, and store (if applicable)
any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and
through the Services via your account, including without limitation any friend
lists and (2) we may submit to and receive from your Third-Party Account additional
information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the
Third-Party Accounts you choose and
subject to the privacy settings that you have set in such Third-Party Accounts, personally
identifiable information that you post to your Third-Party Accounts may be available
on and through your account on the Services. Please note that if a Third-Party Account or associated
service becomes unavailable or our access to such Third-Party Account is terminated by
the third-party service provider, then Social Network Content may no longer be
available on and through the Services. You will have the ability to disable the
connection between your account on the Services and your Third-Party Accounts at any time.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS
ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR
AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to
review any Social Network Content for any purpose, including but not limited to,
for accuracy, legality, or non-infringement, and we are not responsible for any
Social Network Content. You acknowledge and agree that we may access your email
address book associated with a Third-Party Account and your contacts
list stored on your mobile device or tablet computer solely for purposes of
identifying and informing you of those contacts who have also registered to use
the Services. You can deactivate the connection between the Services and your
Third-Party Account by contacting us
using the contact information below or through your account settings (if
applicable). We will attempt to delete any information stored on our servers
that was obtained through such Third-Party Account, except the
username and profile picture that become associated with your account.
12. THIRD-PARTY
WEBSITES AND CONTENT
The Services may
contain (or you may be sent via the Site) links to other websites (
"Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video, information, applications,
software, and other content or items belonging to or originating from third parties ("Third-Party Content"
). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or
checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any
Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or
installed from the Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or
permitting the use or installation of any Third-Party
Websites or any Third-Party Content does not
imply approval or endorsement thereof by us. If you decide to leave the Services and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and
you should be aware these Legal Terms no longer govern. You should review the applicable terms
and policies, including privacy and data gathering practices, of any website to which you
navigate from the Services or relating to any applications you use or install from the Services.
Any purchases you make through Third-Party Websites
will be through other websites and from other companies, and we take no responsibility
whatsoever in relation to such purchases which are exclusively between you and the applicable
third party. You agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or services. Additionally, you
shall hold us blameless from any losses sustained by you or harm caused to you relating to or
resulting in any way from any Third-Party Content or
any contact with Third-Party Websites.
13. SERVICES
MANAGEMENT
We reserve the right, but
not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take
appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our
sole discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to remove from the Services
or otherwise disable all files and content that are excessive in size or are in any way burdensome
to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY
POLICY
We care about data
privacy and security. Please review our Privacy Policy:
https://kareku.com/agreements/en/privacy.html
. By using the Services, you agree to be bound by our Privacy Policy, which
is incorporated into these Legal Terms. Please be advised the Services are hosted in
Turkey
. If you access the Services from any other region of the
world with laws or other requirements governing personal data collection, use, or disclosure
that differ from applicable laws in
Turkey
, then through your continued use of the Services, you are
transferring your data to
Turkey
, and you expressly consent to have your data transferred to
and processed in
Turkey
.
15. COPYRIGHT
INFRINGEMENTS
We respect the
intellectual property rights of others. If you believe that any material available on or through
the Services infringes upon any copyright you own or control, please immediately notify us using
the contact information provided below (a "Notification"). A copy of your Notification will be sent to the
person who posted or stored the material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if you make material
misrepresentations in a Notification. Thus, if you are not sure that material located on or
linked to by the Services infringes your copyright, you should consider first contacting an
attorney.
16. TERM
AND TERMINATION
These Legal Terms shall
remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION
OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO
ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE
DISCRETION.
If we terminate or
suspend your account for any reason, you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the name of any third party, even if you
may be acting on behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
17. MODIFICATIONS
AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time or for any reason at our sole
discretion without notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for
any modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the
Services will be available at all times. We may experience hardware, software, or other problems
or need to perform maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Services at any time or for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Services during any downtime or discontinuance of the Services. Nothing in
these Legal Terms will be construed to obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection therewith.
18. GOVERNING
LAW
These Legal Terms shall
be governed by and defined following the laws of
Turkey
. Kareku and yourself irrevocably consent that the courts of
Turkey
shall have exclusive jurisdiction to resolve any dispute which may arise in connection
with these Legal Terms.
19. DISPUTE
RESOLUTION
You agree to irrevocably submit all disputes related to these Legal
Terms or the legal relationship established by these Legal Terms to the jurisdiction of the
Turkey
courts. Kareku shall
also maintain the right to bring proceedings as to the substance of the matter in the courts of
the country where you reside or, if these Legal Terms are entered into in the course of your
trade or profession, the state of your principal place of business.
20. CORRECTIONS
There
may be information on the Services that contains typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and various other information. We reserve the right
to correct any errors, inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
21.
DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND
AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION
WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES
OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF
ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY
AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR
THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR
ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT
BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY
THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE
THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE
APPROPRIATE.
22. LIMITATIONS
OF LIABILITY
IN NO EVENT WILL
WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF
THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO
THE
AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) mONTH PERIOD
PRIOR TO ANY CAUSE OF ACTION ARISING
.
CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW
LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE
LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND
YOU MAY HAVE ADDITIONAL RIGHTS.
23. INDEMNIFICATION
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties
set forth in these Legal Terms; (5) your violation of
the rights of a third party, including but not limited to intellectual property rights; or
(6) any overt harmful act toward any other user of
the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve
the right, at your expense, to assume the exclusive defense
and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with our defense of such
claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of it.
24. USER
DATA
We will maintain
certain data that you transmit to the Services for the purpose of managing the
performance of the Services, as well as data relating to your use of the Services. Although we
perform regular routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Services. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
25. ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and
completing online forms constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email and on the Services, satisfy any
legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances,
or other laws in any jurisdiction which require an original signature or delivery or retention
of non-electronic records, or to payments or the granting of credits by any means other than
electronic means.
26. CALIFORNIA
USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
27. MISCELLANEOUS
These Legal Terms and any policies or operating
rules posted by us on the Services or in respect to the Services constitute the entire agreement
and understanding between you and us. Our failure to exercise or enforce any right or provision
of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be responsible or liable for any loss, damage,
delay, or failure to act caused by any cause beyond our reasonable control. If any provision or
part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable,
that provision or part of the provision is deemed severable from these Legal Terms and does not
affect the validity and enforceability of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created between you and us as a result of these
Legal Terms or use of the Services. You agree that these Legal Terms will not be construed
against us by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
28. CONTACT
US
In order to resolve a complaint regarding the
Services or to receive further information regarding use of the Services, please contact us
at:
Kareku
Kemal Bengu
__________
16230
Turkey
legal@kareku.com