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Terms of Use


TRIPTOD
USER AGREEMENT ABOUT TERMS AND CONDITIONS OF USE OF THE WEBSITE

Version 2 Updated as of May 18th of 2013 by E&E

1.Subject

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.

2. Conclusion and Validity of the Agreement

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.

3. Ownership of the Content, Design Elements and Data

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.

4. Conditions of Use, Obligations and Responsibilities of the User

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.

  • a. The User agrees irrevocably to act in accordance with the terms and conditions of the Turkish Law No: 5651 about the Regulation of Publications on Internet and Prevention of Crime and related bylaws which may be amended or modified completely or partially by the Turkish law maker authority.
  • b. The User agrees irrevocably to act in accordance with the terms and conditions of the 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 and its bylaws and to the provisions of the international agreements about protecting of intellectual properties to which Turkey is part.
  • c. The User agrees irrevocably to act in accordance terms of conditions of the provisions of Turkish Trade Law about preventing the unfair competition.
  • d. The User agrees not to upload any restricted content pursuant to the Article 8 of the Turkish Law No: 5651 about the Regulation of Publications on Internet and Prevention of Crime.
  • e. The User agrees to act in good will and fair whilst using Triptod and agrees not to make any derogatory remarks about third parties including real and legal persons and private and official institutions and organizations.
  • f. The User shall not upload any harmful content including but not limited and regardless of their technical definitions data, code, virus, harmful software, programs, applications, Trojans and not to enter Triptod using automated means (harvesting bots, deep-link, page-scrape or spiders) and not to use “other automatic device, program, algorithm or methodology which may harm the function of the website and may slow down Triptod.
  • g. The User agrees not to disclose false or fake information or statements whilst using Triptod and whilst completing the forms on Triptod and agrees not to create fake user identities.
  • h. The User shall not post any comments or send emails or contents to Triptod which are against the provisions of this Article herein and restricted and banned with the Laws listed within the paragraphs a, b, c and d hereof.
  • i. The User agrees and acknowledges not to make any online or offline copies of the Data or Design Elements or Triptod partially or completely; not to alter, rent or license or sublicense the Data, Design Elements without authorization and not to develop or publish websites similar to Triptod.
  • j. The User agrees not to infringe Intellectual Property Rights of the parties specified within Article 6 herein and to comply with the restrictions and terms of such Intellectual Property Rights.
  • k. The User agrees and acknowledges not to try to collect or copy any personal data belonging to other Users.
  • l. The User agrees and acknowledges not to interfere to codes or applications of Triptod and not to copy any data belonging to the Content or Domain Provider.
  • m. The User shall indemnify and hold Tinkonink, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Tinkonink by any third party due to or arising out of or in connection with your use of the Triptod.

5. Violation of Conditions of Use, Obligations or Responsibilities

Every User shall be held responsible personally to comply with the terms of use contemplated herein and every User shall abide to the responsibilities specified above. Tinkonink reserves the right to cancel, to suspend or to terminate the user subscription, user agreement, membership subscription or the membership agreement of any User who fails to comply with the terms of use immediately without further notice. Tinkonink further reserves the right to block the access of any User to Triptod at Tinkonink’s sole discretion and reserves the right to remove any content or any post in violation with this User Agreement and terms of conditions as contemplated herein immediately without further notification. Without prejudice to its indemnity rights for damages and other rights Tinkonink’s Tinkonink further reserves the right to report to legal authorities or officials any violations, breaches or infringement under of the Turkish Law No: 5651 about the Regulation of Publications on Internet and Prevention of Crime, 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. The User shall indemnify, defend and hold harmless Tinkonink from and against and all liabilities, losses, costs, damages, injuries, claims, suits, judgments, causes of action and expenses (including lawyer's fees, court costs and out-of-pocket expenses) suffered or incurred by any of them as a result of any action, omission or default of the User due to or arising out of such violations, breaches and infringement. Tinkonink reserves the right at any time, without notice to modify, suspend or terminate operation of or access to Triptod for any reason or to modify or change Triptod or to interrupt the operation of Triptod.

6. Disclaimer of Liability

Triptod and its Content are delivered on an “as is” basis. Tinkonink shall not be held responsible from any Content, Data or Codes displayed or published on Triptod. Tinkonink or its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates shall not be held responsible in no event from any violations, breaches or infringements of the Users or their harmful and illegal behavior in contrary with the terms of use and with terms of conditions of this agreement. Tinkonink is under any circumstances not responsible from any intellectual property violations, breaches or infringements caused by its Users to third parties. Tinkonink is not responsible or liable of any visuals, images, comments, information, documents, links and information on the links and inter communications between the Users. Any information on Triptod is neither an advice nor a suggestion to the Users and Tinkonink is not responsible nor liable of the validity, accuracy, actuality or legality of any information displayed at Triptod regardless of their format. Every User is personally liable and responsible of the use and display of the Content and Data and of the security of such during their transmission through electronic devices and no responsibility may be imposed to Tinkonink. Tinkonink is not responsible nor liable of the Content uploaded to Triptod by any User and in no event will Tinkonink be liable of violation and breaches caused by any User by means of compromising the terms and conditions specified within the Article 4 herein and of any Users violations, breach or infringement and its penal and legal sanctions under of the Turkish Law No: 5651 about the Regulation of Publications on Internet and Prevention of Crime, 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.

7. Intellectual Property Rights

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.

8. Terms of Membership

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.

9. Privacy Statement and Protecting of Personal Data

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.

10. Preventing Unfair Competition

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.

11. Consumer Rights

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.

12. Restriction of Advertisement

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.

13. Amendments to the User Agreement

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.

14. Cookies and Technical Details

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.

15. Search Engines and Links

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.

16. Violation of the Agreement and Indemnity

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).

17. Governing Law; Jurisdiction

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.

18. Connection with Other Agreements

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.