Terms of Use
TURKISHEXPORTER.NET Terms of Use Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.
This Terms of Use Agreement (the
"Agreement") describes the terms and conditions applicable to your use
of the turkishexporter.net web site which is identified by the uniform resource
locator www.turkishexporter.net (the "Site"). This Agreement is entered
into between you as the user of the Site (the" User") and Turkishexporter.net
KOBI A.S. ("Turkishexporter.net").
1. Application of and Acceptance of Terms and Conditions.
1.1 For purposes of this Agreement,
a "User" is any person who accesses the Site for whatever purpose, regardless
of whether said User has registered with Turkishexporter.net as a registered User
or whether said User is a paying customer for a specific service provided by Turkishexporter.net.
A User includes the person using this Site and any legal entity which may be represented
by such person under actual or apparent authority.
1.2 By accessing or using the Site,
you hereby agree to accept the terms and conditions set forth in this Agreement
as a User. You shall be bound by the terms and conditions of this Agreement with
respect to your access or use of this Site and any further upgrade, modification,
addition or change to this Site. If you do not accept all of the terms and conditions
of this Agreement, please do not use this Site.
1.3 This Agreement applies to each
Premium Service (as defined below) in addition to any terms and conditions that
may be applicable to such specific Premium Service provided, however, that (a) in
the event of any conflict or inconsistency between any provision of the terms and
conditions that may be applicable to such Premium Service and any provision of this
Agreement, such conflict or inconsistency shall (except as otherwise expressly provided
or agreed) be resolved in a manner favorable to Turkishexporter.net and/or its affiliates;
and (b) only to the extent that such conflict or inconsistency cannot be so resolved,
the provisions of the terms and conditions applicable to such specific Premium Service
shall prevail.
1.4 Turkishexporter.net may amend
this Agreement at any time by posting the amended and restated Agreement on the
Site. The amended and restated Agreement shall be effective immediately upon posting.
This Agreement was last amended on July 22, 2008. Posting by KOBI A.S. of the amended
and restated Agreement and your continued use of the Site shall be deemed to be
acceptance of the amended terms. This Agreement may not otherwise be modified, except
in writing by an authorized officer of Turkishexporter.net.
2. Premium Services.
2.1 Access to the Site and certain
of its features are provided to all Users free of charge. However, Turkishexporter.net
reserves the right, without prior notice, to restrict access to certain areas or
features of the Site ("Premium Services") to paying Users or Users who
undergo a specific registration process. Access to and use of these Premium Services
are governed by additional terms and conditions under separate agreements in addition
to this Agreement.
2.2 KOBI A.S. reserves the right
to deny Premium Services to any User for whatever reason in order to protect the
interests of Turkishexporter.net.
3. Users Generally
3.1 Users may use this Site solely
for their own personal or internal purposes. Each User agrees that it shall not
copy, reproduce or download any information, text, images, video clips, directories,
files, databases or listings available on or through the Site (the "turkishexporter.net
Content") for the purpose of re-selling or re-distributing the Turkishexporter.net
Content, mass mailing (via emails, wireless text messages, physical mail or otherwise),
operating a business that competes with Turkishexporter.net, or otherwise commercially
exploiting the Turkishexporter.net Content. Systematic retrieval of Turkishexporter.net
Content from this Site to create or compile, directly or indirectly, a collection,
compilation, database or directory (whether through robots, spiders, automatic devices
or manual processes) without written permission from Turkishexporter.net is prohibited.
In addition, use of the content or materials for any purpose not expressly permitted
in this Agreement is prohibited.
3.2 Some of the Turkishexporter.net
Content displayed on this Site is provided or posted by third parties ("Third
Party Content"). Turkishexporter.net is not the author of third-party content,
whether contributed by anonymous users or paid content providers. Neither Turkishexporter.net
nor any of our affiliates, directors, officers or employees has entered into any
sales agency relationship with such third party by virtue of our display of the
Third Party Content on the Site. Any Third Party Content is the sole responsibility
of the party who provided the content. Turkishexporter.net is not responsible for
the accuracy, propriety, lawfulness or truthfulness of any Third Party Content,
and shall not be liable to any User in connection with such User's reliance
of such Third Party Content. In addition, KOBI A.S. is not responsible for the conduct
of any User's activities on the Site, and shall not be liable to any person
in connection with any damage suffered by any person as a result of such User's
conduct.
3.3 Turkishexporter.net may allow
Users access to content, products or services offered by third parties through hyperlinks
(in the form of word link, banners, channels or otherwise) to such Third Party's
web site. You are cautioned to read such sites' terms and conditions and/or
privacy policies before using such sites in order to be aware of the terms and conditions
of your use of such sites. User acknowledges that Turkishexporter.net has no control
over such third party's web site, does not monitor such sites, and Turkishexporter.net
shall not be responsible or liable to anyone for such web site, or any content,
products or services made available on such a website.
3.4 Messages or information sent
by a User through communication systems provided by the Site, or through emails,
fax or letters to addressees obtained from the Site, shall not contain any of the
materials described in the provisions of Section 5.5 below.
3.5 Turkishexporter.net reserves
the right to limit, deny or create different access to the Site and its features
with respect to different Users, or to change any of the features or introduce new
features without prior notice. Each User acknowledges that inability to use the
Site wholly or partially for whatever reason may have adverse effects on its business.
Each User hereby agrees that in no event shall Turkishexporter.net be liable to
the User or any third parties for any inability to use the Site (whether due to
disruption, limited access, changes to or termination of any features on the Site
or otherwise), any delays, errors or omissions with respect to any communications
or transmission, or any damage (direct, indirect, consequential or otherwise) arising
from the use of or inability to use the Site or any of its features.
3.6 No User shall undertake any
scheme to undermine the integrity of the computer systems or networks used by Turkishexporter.net
and/or any other User and no User shall attempt to gain unauthorized access to such
computer systems or networks.
3.7 We urge that you read Turkishexporter.net's
Privacy Policy which governs the protection and use of each User's information
in Turkishexporter.net's possession. Each User hereby accepts the Privacy Policy
and any updates and amendments thereto. Each User acknowledges that Turkishexporter.net
may change the Privacy Policy from time to time provided that Turkishexporter.net
shall make available the updated version of the Privacy Policy on the Site at all
times. Your continuation of use of the Site shall be deemed to be your acceptance
of the Privacy Policy which is then displayed on the Site at the time of such use.
3.8 As a condition of your access
to and use of Turkishexporter.net, you agree that you will not use the Turkishexporter.net
service to infringe the intellectual property rights of others in any way. Turkishexporter.net
will in appropriate circumstances terminate the accounts of members or users who
are repeat infringers of the copyrights, or other intellectual property rights,
of others. In addition, Turkishexporter.net reserves the right to terminate the
account of a user upon any single infringement of the rights of others in conjunction
with use of the Turkishexporter.net service, or if KOBI A.S. believes that user
conduct is harmful to the interests of Turkishexporter.net, its affiliates, or other
users, or for any other reason in Turkishexporter.net's sole discretion, with
or without cause.
4. Registered Users
4.1 Each User who has filled out
an on-line registration form on the Site by giving its information (such as name,
address, telephone and fax number, email address, details of its business, etc.)
is a registered user of Turkishexporter.net (a "Registered User"). Turkishexporter.net
will establish an account ("Account") for each Registered User and each
Registered User will be assigned a user alias ("User ID") and password
("Password") for log-in access to its own Account.
4.2 Turkishexporter.net may assign
a web-based email account with unlimited storage space for the User to send or receive
email (the "Email Account"). The User shall be responsible for all users
and the content of all the messages communicated through the Email Account, as well
as the consequences of any such message.
4.3 If the Registered User is a
business entity, you represent that (a) you have the authority to bind the entity
to this Agreement; (b) the address you use when registering is the principal place
of business of such business entity; and (c) all other information submitted to
Turkishexporter.net during the registration process is true, accurate, current and
complete. For purposes of this provision, a branch or representative office will
not be considered a separate entity and its principal place of business will be
deemed to be that of its head office.
4.4 By becoming a Registered User,
you consent to the inclusion of your personal data in our Global Buyer Database
and authorize Turkishexporter.net to share such information with other Users.
4.5 Turkishexporter.net may suspend
or terminate a Registered User's Account or Email Account at any time by giving
no less than 24-hour notice to the Registered User; provided, however, that notice
is not required for such termination if (a) in Turkishexporter.net's determination,
there is any breach of the provisions of this Agreement by the Registered User;
or (b) Turkishexporter.net has reasonable grounds to suspect that such information
provided by a Registered User is untrue, inaccurate or is not current or complete,
or (c) KOBI A.S. believes that the Registered User's actions may cause financial
loss or legal liability to such Registered User, Turkishexporter.net's other
Users, or Turkishexporter.net or its affiliates.
4.6 The Registered User shall not
use the Email Account for junk mail, chain letters or spamming or the transmission
of any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any kind or nature. Further, the Registered
User shall not use the Email Account to publish, distribute, transmit or circulate
any unsolicited advertising or promotional information or any content that is obscene,
indecent, seditious, offensive, defamatory, threatening, or which incites or results
in causing racial hatred, discrimination, menace or breach of confidence.
4.8 The accounts of free registered
users may be restricted to log in temporarily or permanently by The Site Management
after one month as from the beginning of the registration and Notwithstanding Section
4.1 above, Turkishexporter.net may refuse registration and deny the issuance of
an Account and/or Email Account and associated User ID and Password to any User
for whatever reason.
5. Users Who Post Information on Turkishexporter.net
5.1 You must be a Registered User
in order to post information on the Site using the self-help submit and edit tools
provided through the Site. Your status as a Registered User is governed by the provisions
of Section 4 above.
5.2 No sales agency relationship
is created between any User and Turkishexporter.net, our affiliates, directors,
officers or employees by virtue of Turkishexporter.net's display of any of the
User's information on the Site.
5.3 Each User hereby represents,
warrants and agrees to (a) provide Turkishexporter.net with true, accurate, current
and complete information to be displayed on the Site and (b) maintain and promptly
amend all information to keep it true, accurate, current and complete. Each User
hereby grants an irrevocable, perpetual, worldwide and royalty-free, sublicensable
(through multiple tiers) license to Turkishexporter.net to display and use all information
provided by such User in accordance with the purposes set forth in this Agreement
and to exercise the copyright, publicity, and database rights you have in such material
or information, in any media now known or not currently known.
5.4 Each User hereby represents,
warrants and agrees that it has obtained all necessary third party copyright, trademark
trade secret or patent licenses and permissions, or such other licenses or permissions
as may be required in connection with any other personal or proprietary rights of
any third party (including but not limited to rights of personality and rights of
privacy), for any material or information it posts on the Site or provides to Turkishexporter.net
or authorizes Turkishexporter.net to display. Third party copyrights, trademarks,
trade secret rights, patents and other personal or proprietary rights affecting
or relating to material or information displayed on the Site, including but not
limited to rights of personality and rights of privacy, or affecting or relating
to products that are offered or displayed on the Site, are hereafter referred to
as "Third Party Rights." Each User hereby represents, warrants and agrees
that it shall be solely responsible for ensuring that any material or information
it posts on the Site or provides to Turkishexporter.net or authorizes Turkishexporter.net
to display does not, and that the products represented thereby do not, violate any
Third Party Rights, or is posted with the permission of the owner(s) of such rights.
Each User hereby represents warrants and agrees that it has the right to manufacture,
offer, sell, import and distribute the products it offers and displays on the Site,
and that such manufacture, offer, sale, importation and/or distribution of those
products violates no Third Party Rights.
5.5 Each User hereby represents
warrants and agrees that information submitted to Turkishexporter.net for display
on the Site shall not:
5.6 KOBI A.S. reserves the right
in its sole discretion to remove any material displayed on the Site which it reasonably
believes is unlawful, could subject Turkishexporter.net to liability, violates this
Agreement or is otherwise found inappropriate in Turkishexporter.net's opinion.
Turkishexporter.net reserves the right to cooperate fully with governmental authorities,
private investigators and/or injured third parties in the investigation of any suspected
criminal or civil wrongdoing. Furthermore, Turkishexporter.net may disclose the
User's identity and contact information, if requested by a government or law
enforcement body, an injured third party, or as a result of a subpoena or other
legal action, and Turkishexporter.net shall not be liable for damages or results
thereof and User agrees not to bring any action or claim against Turkishexporter.net
for such disclosure. In connection with any of the foregoing, Turkishexporter.net
may suspend or terminate the Account of any User as Turkishexporter.net deems appropriate
in its sole discretion. User agrees that Turkishexporter.net shall have no liability
to User, including no liability for consequential or any other damages, in the event
Turkishexporter.net takes any of the actions mentioned in this Section, and that
User agrees to bear the risk that Turkishexporter.net may take such actions.
6. Transactions between Buyers and Suppliers
6.1 Through the Site, Turkishexporter.net
provides an electronic web-based platform for exchanging information between buyers
and suppliers of products and services. Turkishexporter.net does not represent the
seller nor the buyer in specific transactions and does not charge any commissions
from completing any transactions. As a result, Turkishexporter.net does not control
and is not liable to or responsible for the quality, safety, lawfulness or availability
of the products or services offered for sale on the Site or the ability of the suppliers
to complete a sale or the ability of buyers to complete a purchase.
6.2 Users are hereby made aware
that there may be risks of dealing with people acting under false pretenses. Turkishexporter.net
uses several techniques to verify the accuracy of the information our users provide
us when they register on the Site. However, because user verification on the Internet
is difficult, Turkishexporter.net cannot and does not confirm each User's purported
identity (including, without limitation, W Type Membership, B Type Membership, C
Type Membership, G Type Membership). We encourage you to use the various tools available
on the Site, as well as common sense, to evaluate with whom you are dealing.
6.3 Each User acknowledges that
it is fully assuming the risks of purchase and sale transactions when using the
Site to conduct transactions, and that it is fully assuming the risks of liability
or harm of any kind in connection with subsequent activity of any kind relating
to products or services that are the subject of transactions using the Site. Such
risks shall include, but are not limited to, mis-representation of products and
services, fraudulent schemes, unsatisfactory quality, failure to meet specifications,
defective or dangerous products, unlawful products, delay or default in delivery
or payment, cost mis-calculations, breach of warranty, breach of contract and transportation
accidents. Such risks also include the risks that the manufacture, importation,
distribution, offer, display, purchase, sale and/or use of products or services
offered or displayed on the Site may violate or may be asserted to violate Third
Party Rights, and the risk that User may incur costs of defense or other costs in
connection with third parties' assertion of Third Party Rights, or in connection
with any claims by any party that they are entitled to defense or indemnification
in relation to assertions of rights, demands or claims by Third Party Rights claimants.
Such risks also include the risks that consumers, other purchasers, end-users of
products or others claiming to have suffered injuries or harms relating to product
originally obtained by Users of the Site as a result of purchase and sale transactions
in connection with using the Site may suffer harms and/or assert claims arising
from their use of such products. All of the foregoing risks are hereafter referred
to as "Transaction Risks.". Each User agrees that KOBI A.S. shall not
be liable or responsible for any damages, liabilities, costs, harms, inconveniences,
business disruptions or expenditures of any kind that may arise a result of or in
connection with any Transaction Risks.
6.4 Users are solely responsible
for all of the terms and conditions of the transactions conducted on, through or
as a result of use of the Site, including, without limitation, terms regarding payment,
returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits,
handling, transportation and storage.
7. Limitation of Liability
7.1 THE FEATURES AND SERVICES ON
THE TURKİSHEXPORTER.NET SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS, AND TURKİSHEXPORTER.NET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF CONDITION, QUALITY,
DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. ALL SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS
AND TERMS ARE HEREBY EXCLUDED.
7.2 TURKİSHEXPORTER MAKES NO REPRESENTATIONS
OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, CORRECTNESS, RELIABILITY, QUALITY, STABILITY,
COMPLETENESS OR CURRENTNESS OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE.
TURKİSHEXPORTER DOES NOT REPRESENT OR WARRANTY THAT THE MANUFACTURE, IMPORTATION,
DISTRIBUTION, OFFER, DISPLAY, PURCHASE, SALE AND/OR USE OF PRODUCTS OR SERVICES
OFFERED OR DISPLAYED ON THE SITE DOES NOT VIOLATE ANY THIRD PARTY RIGHTS; AND TURKİSHEXPORTER
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND CONCERNING ANY PRODUCT OR SERVICE
OFFERED OR DISPLAYED ON THE TURKISHEXPORTER.NET SITE.
7.3 Any material downloaded or otherwise
obtained through the Site is done at each User's sole discretion and risk and
each User is solely responsible for any damage to its computer system or loss of
data that may result from the download of any such material. No advice or information,
whether oral or written, obtained by any User from Turkishexporter.net or through
or from the Site shall create any warranty not expressly stated herein.
7.4 Under no circumstances shall
Turkishexporter.net be held liable for an delay or failure or disruption of the
content or services delivered through the Site resulting directly or indirectly
from acts of nature, forces or causes beyond its reasonable control, including without
limitation, Internet failures, computer, telecommunications or any other equipment
failures, electrical power failures, strikes, labor disputes, riots, insurrections,
civil disturbances, shortages of labor or materials, fires, flood, storms, explosions,
Acts of God, war, governmental actions, orders of domestic or foreign courts or
tribunals or non-performance of third parties.
7.5 Each User hereby agrees to indemnify
and save Turkishexporter.net, its affiliates, directors, officers and employees
harmless, from any and all losses, claims, liabilities (including legal costs on
a full indemnity basis) which may arise from such User's use of the Site (including
but not limited to the display of such User's information on the Site) or from
its breach of any of the terms and conditions of this Agreement. Each User hereby
further agrees to indemnify and save Turkishexporter.net, its affiliates, directors,
officers and employees harmless, from any and all losses, claims, liabilities (including
legal costs on a full indemnity basis) which may arise from User's breach of
any representations and warranties made by User to Turkishexporter.net, including
but not limited to those set forth in Sections 5.3, 5.4 and 5.5 above. Each User
hereby further agrees to indemnify and save Turkishexporter.net, its affiliates,
directors, officers and employees harmless, from any and all losses, claims, liabilities
(including legal costs on a full indemnity basis) which may arise, directly or indirectly,
as a result of any claims asserted by Third Party Rights claimants or other third
parties relating to products offered or displayed on the Site. Each User hereby
further agrees that Turkishexporter.net is not responsible and shall have no liability
to it, for any material posted by others, including defamatory, offensive or illicit
material and that the risk of damages from such material rests entirely with each
User. Turkishexporter.net 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 shall cooperate with Turkishexporter.net in asserting
any available defenses.
7.6 Turkishexporter.net shall not
be liable for any special, direct, indirect, punitive, incidental or consequential
damages or any damages whatsoever (including but not limited to damages for loss
of profits or savings, business interruption, loss of information), whether in contract,
negligence, tort, strict liability or otherwise or any other damages resulting from
any of the following:
8. Intellectual Property Rights
8.1 Turkishexporter.net is the sole
owner or lawful licensee of all the rights to the Site and the turkishexporter.net
Content. The Site and Turkishexporter.net Content embody trade secrets and intellectual
property rights protected under worldwide copyright and other laws. All title, ownership
and intellectual property rights in the Site and Turkishexporter.net Content shall
remain with Turkishexporter.net, its affiliates or licensors of the Turkishexporter.net
Content, as the case may be. All rights not otherwise claimed under this Agreement
or by Turkishexporter.net are hereby reserved.
8.2 “KOBI A.S.”, “TURKISHEXPORTER”,
“TURKISHEXPORTER.NET”, and related icons and logos are registered trademarks or
trademarks or service marks of KOBI A.S. Corporation in various jurisdictions and
are protected under applicable copyright, trademark and other proprietary rights
laws. The unauthorized copying, modification, use or publication of these marks
is strictly prohibited.
9. Notices
All notices or demands to or upon
Turkishexporter.net shall be effective if in writing and shall be duly made when
sent to KOBI A.S. in the following manner: to Turkishexporter.net KOBI A.S., Feritpasa
District Kule Street KulePlaza Floor: 29 No: 48 Selcuklu 42040 Konya / TURKEY
Attn: Legal Department.
9.2 All notices or demands to or
upon a User shall be effective if either delivered personally, sent by courier,
certified mail, by facsimile or email to the last-known correspondence, fax or email
address provided by the User to Turkishexporter.net, or by posting such notice or
demand on an area of the Site that is publicly accessible without a charge. Notice
to a User shall be deemed to be received by such User if and when
Turkishexporter.net is able to demonstrate
that communication, whether in physical or electronic form, has been sent to such
User, or immediately upon Turkishexporter.net's posting such notice on an area
of the Site that is publicly accessible without charge.
10. General
10.1 Subject to any additional agreements
relating to Paid Services, this Agreement and the Privacy Policy constitute the
entire agreement between the User and Turkishexporter.net with respect to access
to and use of the Site, superseding any prior written or oral agreements in relation
to the same subject matter herein.
10.2 Turkishexporter.net and the
User are independent contractors, and no agency, partnership, joint venture, employee-employer
or franchiser-franchisee relationship is intended or created by this Agreement.
10.3 If any provision herein is
held to be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced.
10.4 Headings are for reference
purposes only and in no way define, limit, construe or describe the scope or extent
of such section.
10.5 Turkishexporter.net's failure
to enforce any right or failure to act with respect to any breach by a User under
these terms and conditions will not waive that right nor waives Turkishexporter's
right to act with respect with subsequent or similar breaches.
10.6 Turkishexporter.net shall have
the right to assign its obligations and duties in this Agreement and in any agreement
relating to Premium Services to any person or entity.
10.7 The parties to this Agreement
hereby submit to the exclusive jurisdiction of the courts of
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