This user agreement about terms and conditions of use (Hereinafter referred as the “Agreement”) is concluded between the web site owner and the content provider Tinkonink Sosyal Medya Yayıncılık Yatırım ve Ticaret Anonim Şirketi (Hereinafter referred as “Tinkonink”) a joint stock company registered to the Istanbul Trade Registry with its offices at Duatepe Mahallesi, Cobanoğlu Sokak No:5 D:11, Sisli, Istanbul and every real or legal person (Hereinafter referred as the “User”) who may use or view the “Triptod” web site located at www.triptod.com and all associated sites linked to Triptod (Hereinafter referred together as “Triptod”) through any applicable software to view and use Triptod such as browsers, applications or any other third party software designed to view or use the websites. The site and all pages, information, knowledge, application, images or any other data on any of Tripod pages including the name of the file extensions and links are property of Tinkonink and its licensors.
The agreement is deemed to be concluded and valid indefinitely without the necessity of any acceptance of the User as per the Article of 11/2 of the Turkish Law of Obligations on the instant every time when the User starts to view or use Triptod independent browser, application, hardware or software used for this purpose. The User acknowledges and accepts starting with hers/his first use or display of Triptod that she/he accepts and agrees to the terms and conditions or provisions of the attachments of this Agreement irrevocably and to any partial or complete amendments to this Agreement which may be concluded from time to time at Tinkonink’s sole discretion. Any User who wishes not to accept the terms and conditions contemplated herein is obliged to discontinue using or displaying Triptod immediately at his/hers own responsibility; otherwise the terms and conditions of this Agreement shall be binding for any User unconditionally who continues to use or display Triptod. Real persons with capacity limitations as per the Turkish Law such as infants, minors, temporary or continuously mentally not capable persons are not allowed to use or display Triptod. Guardians of infants, minors or incapable persons are solely responsible of such unauthorized use and Tinkonink will not be held responsible under any circumstances of any unauthorized use of the site by the infants, minors or temporary or continuously incapable persons.
Every information and content elements on the Triptod web portal and site including but not limited to page designs, icons, fonts and characters, color combinations, drawings, design and web interface objects, applications, codes, images, visuals, videos, films and other media applications and objects and any other information held or displayed at Triptod such as but not limited to information, email addresses, site paths, data, databases, SQL queries, online and offline documents, design templates, CSS files, program and application codes (Hereinafter referred together as “Data”) are under the sole property of Tinkonink. No license or any use right is granted to the User except for the right of displaying and using the Data for personal purposes. Copying or altering of the Data is strictly forbidden.
Individuals who wish to use or display Triptod (Hereinafter referred as “User” or “Users”) acknowledges and agrees to the terms and conditions as contemplated herein and to any amendments and modifications to these terms and conditions independent from the method of use of Triptod. The User agrees irrevocably to the following responsibilities starting immediately with the conclusion of this Agreement as per described at Article 2 hereof.
Unless otherwise specified and if applicable the Content at Triptod is protected under Turkish Intellectual Property Law No: 5846; to the Turkish Trade Mark Decree Law No: 556 and its bylaws; the Turkish Patent Decree Law No: 551 and its bylaws; the Turkish Industrial Design Decree Law No: 554 and under the provisions of Turkish Trade Law about preventing the unfair competition. Intellectual property rights including exclusive rights and copy rights on intellectual property such as but not limited to visuals, drawings, projects, designs, trademarks, patents, industrial designs, trade secrets and other design elements displayed on or uploaded to Triptod is solely attached to their legal owners; and its strictly forbidden to create derivative works, to perform or display the work publicly, to sell or assign these rights to others or to transmit or display by radio or video, to republish, to post, to publicly display, to encode, to translate, to transmit or to distribute in any way of such intellectual property without written consent or written approval of their rightful owners or Tinkonink. Tinkonink shall not be held responsible of the illegitimate use of materials held by copyright.
Every User becomes Member of Triptod upon accepting this agreement and activating their User Accounts by signing to Triptod using their personal mail accounts (Hereinafter referred as “Member” or “Members”). Members agree not to enter Triptod with any false personal information, not to create user accounts for third parties without permission, not to transfer user or membership accounts and not to share passwords without Tinkonink’s authorization or approval. The Member acknowledges and accepts starting with hers/his first use or access to Triptod that she/he accepts and agrees to the terms and conditions or provisions of the attachments of this Agreement irrevocably and to any partial or complete amendments to this Agreement which may be concluded from time to time at Tinkonink’s sole discretion. Tinkonink at its sole discretion reserves the rights to cancel membership accounts any time without notice, to disapprove or to neglect membership application without reason and to suspend membership accounts without notice. The User or Member irrevocably accepts and acknowledges that Tinkonink may delete or erase any User or Member data uploaded to Triptod and is not liable nor responsible of lost, deleted or erased User or Member Data or Content. Members are responsible for maintaining the confidentiality of the information of their accounts, including their passwords. Members shall notify Tinkonink immediately if their account is used by unauthorized persons. Tinkonink shall not be held liable for any loss or damage arising from Users or Members failure to comply with these terms and conditions and obligations specified herein. Members are not allowed to engage in any commercial activities through Triptod. Members who are willing to engage in any commercial activity through Triptod (Hereinafter called as “Professional Members”) shall conclude and sign a “Professional Membership Agreement” or an “Advertisement Services Agreement” with Tinkonink of which the terms and conditions will be specified in different agreements and documents.
Users are not allowed to post or upload any Content to Triptod, to fill any form or to post any comment before signing in to Triptod as Member. Personal information of Members (Hereinafter referred to as “Personal Data”) as submitted to Triptod may be actualized, processed, saved and protected appropriately under law and fair use subject to their owners approval and in connection with the aim of the collection provided that the Personal Data is preserved separately with the identification of its rightful owners as necessary as possible and only during the validity and the duration of the Membership. Since non-Members are not allowed to post or to transmit any Data to Triptod, Tinkonink in no event shall be liable of any personal declaration made by the Users in any way. User agree irrevocably that Tinkonink may disclose any Personal Data if such disclosure is necessary in connection with any official request or complaint.
Notwithstanding with the conditions of use, obligations and responsibilities set forth under the Article 4 herein, Users agree and accept irrevocably to comply with the unfair competition provisions set forth under articles 54 et. seq. of the Turkish Commercial Law and agree to avoid acts or practices violating bona fide principle and accept principally not to decry others’ businesses, business products or activities in a false and misleading way, not to make false and misleading statements regarding one’s own business, business products or activities, not to create false pretenses, not to create confusion with others’ businesses, business products or activities, not to compare one’s own, business products or prices with others in a false, misleading, discrediting way, not to mislead customers and agree irrevocably that all Tinkonink shall in no event be liable of such unlawful acts caused by User and that the User is solely and personally responsible of such unlawful acts.
Notwithstanding with the conditions of use, obligations and responsibilities set forth under the Article 4 herein, Users agree and accept irrevocably to comply with the provisions of the Turkish Law No: 4077 about the Protection of Consumers and its related bylaws with regards to responsibilities and obligations in connection with protecting health, security and economic interests of consumers and to comply with the environmental rules and agree irrevocably that Tinkonink shall in no event be liable of any unlawful acts caused by User under these provisions, directions or regulations and that the User will be solely and personally responsible of any acts which may be deemed unlawful under the provisions, directions or regulations.
Without Tinkonink’s written consent and without signing an Advertisement Services Agreement with Tinkonink, Users are not allowed to engage in advertising and promotion activities through Triptod or its affiliated web sites and links are not allowed to post any Content for advertising or promotion purposes. Tinkonink reserves the right, at its sole discretion to remove, erase or delete such Content for advertising or promotion purposes immediately without further notice. Even with Tinkonink’s written consent and under an Advertisement Service Agreement signed with Tinkonink, advertisement and promotion activities which intent to delude, mislead consumers or abuse consumers lack of experience and knowledge, which endanger consumers safety, which encourage violent acts or criminal offences, which damage public health, which takes advantages of ills, elders, children and handicapped are not allowed under any circumstances and such advertisement and promotion activities or advertisements about false promises or products will be immediately removed from Triptod. Users agree and accept irrevocably that Tinkonink shall in no event be liable of such advertisement and promotion activities violating conditions herein and that the User will be solely and personally responsible of any advertisement activates which may be deemed unlawful under the provisions of Turkish legislation regulating advertisement and promotion activities.
Tinkonink reserves the right, at its sole discretion, to change, modify or amend the Agreement at any time. These changes, modifications or amendments are valid on the instant when these are published on Triptod.
It’s acknowledged by the Users that Tinkonink may upload or add cookies, codes or similar applications in the background to Users hardware’s where the designated browsers are located to ensure that Triptod functions better and faster if displayed or used repetitively. User who do not wish such cookies, codes or applications to be uploaded to their hardware shall make the necessary adjustments.
The up-to-date version of Triptod may only be found under the web address “triptod.com” or “www.triptod.com” and its related links. Triptod takes no responsibility over the cached web sites or links contained in the search engines and the content providers of these search engines are solely responsible of the accuracy and actuality of these screenshots, cached versions and links and Tinkonink shall be in any event held responsible of any damages which User may experience because of these links provided by the search engines. Tinkonink is also not responsible nor liable of any content, information or material on the links of third party web sites.
Notwithstanding with the Article 5 of this Agreement and aside from individual violations or breaches of conditions of use, obligations and responsibilities, Users, Members, Professional Members or Advertisers who violate the terms and conditions of this agreement shall indemnify Tinkonink and its employees, agents, sub-contractors and associated companies if any against all documented damages, losses, costs, claims or expenses (including reasonable and documented legal fees).
This Agreement will be governed by the laws of the Turkish Republic and the place of jurisdiction is the Courts and Enforcement Agencies of Istanbul.
Other Agreements on Triptod referring to this user agreement about terms and conditions of use of the website such as but not limited Professional Membership Agreement, Advertisement Services Agreements are integral parts of this Agreement.