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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 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. Alibaba.com 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, Alibaba.com 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
9.1 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., Beyazit Mh. Vatan Cd. Adalhan No.201 Selcuklu, 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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