Last updated July 08, 2021
AGREEMENT TO TERMS
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
INTELLECTUAL PROPERTY RIGHTS
Unless otherwiseindicated, the Site is our proprietary property and all source code, databases,functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, servicemarks, and logos contained therein (the “Marks”) are owned or controlled by us orlicensed to us, and are protected by copyright and trademark laws and variousother intellectual property rights and unfair competition laws of the UnitedStates, international copyright laws, and international conventions. The Content and the Marks are provided on theSite “AS IS” for your information and personal use only. Except as expressly provided in these Termsof Use, no part of the Site and no Content or Marks may be copied, reproduced,aggregated, republished, uploaded, posted, publicly displayed, encoded,translated, transmitted, distributed, sold, licensed, or otherwise exploitedfor any commercial purpose whatsoever, without our express prior writtenpermission.
Provided that youare eligible to use the Site, you are granted a limited license to access anduse the Site and to download or print a copy of any portion of the Content towhich you have properly gained access solely for your personal, non-commercialuse. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
If you provide any information that is untrue, inaccurate, not current, or incomplete, wehave the right to suspend or terminate your account and refuse any and all current orfuture use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your passwordconfidential and will be responsible for all use of your account and password. We reservethe right to remove, reclaim, or change a username you select if we determine, in our solediscretion, that such username is inappropriate, obscene, or otherwise objectionable.
We make every effort to display as accurately as possible the colors, features,specifications, and details of the products available on the Site. However, we do notguarantee that the colors, features, specifications, and details of the products will beaccurate, complete, reliable, current, or free of other errors, and your electronic displaymay not accurately reflect the actual colors and details of the products. All products aresubject to availability,and we cannot guarantee that items will be in stock. We reserve theright todiscontinue any products at any time for any reason. Prices for all productsaresubject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– American Express
You agree to provide current, complete, and accurate purchase and account informationfor all purchases made via the Site. You further agree to promptly update account andpayment information, including email address, payment method, and payment cardexpiration date, so that we can complete your transactions and contact you as needed.Sales tax will be added to the price of purchases as deemed required by us. We maychange prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and anyapplicable shipping fees, and you authorize us to charge your chosen payment providerfor any such amounts upon placing your order. We reserve the right to correctany errorsor mistakes in pricing, even if we have already requested orreceived payment.
We reserve theright to refuse any order placed through the Site. We may, in our solediscretion, limit orcancel quantities purchased per person, per household, or per order.These restrictions may include orders placedby or under the same customer account, thesame payment method, and/or ordersthat use the same billing or shipping address. Wereserve the right to limit or prohibit orders that, in our solejudgment, appear to be placedby dealers, resellers, or distributors.
Please review our Return Policy posted on the Site prior to making any purchases.
You may not access or use the Site for any purpose other than that for which we make theSite available. The Site may not be used in connection with any commercial endeavorsexcept those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
- Systematically retrieve data or other content from the Site to create or compile,directly or indirectly, a collection, compilation, database, or directory without writtenpermission from us.
- Make any unauthorized use of the Site, including collecting usernames and/or emailaddresses of users by electronic or other means for the purpose of sending unsolicitedemail, or creating user accounts by automated means or under false pretenses.
- Use a buying agent or purchasing agent to make purchases on the Site.
- Use the Site to advertise or offer to sell goods and services.
- Circumvent, disable, or otherwise interfere with security-related features of the Site,including features that prevent or restrict the use or copying of any Content or enforcelimitations on the use of the Site and/or the Content contained therein.
- Engage in unauthorized framing of or linking to the Site.
- Trick, defraud, or mislead us and other users, especially in any attempt to learnsensitive account information such as user passwords.
- Make improper use of our support services or submit false reports of abuse ormisconduct.
- Engage in any automated use of the system, such as using scripts to sendcomments or messages, or using any data mining, robots, or similar data gathering andextraction tools.
- Attempt to impersonate another user or person or use the username of anotheruser.
- Interfere with, disrupt, or create an undue burden on the Site or the networks orservices connected to the Site.
- Sell or otherwise transfer your profile.
- Use any information obtained from the Site in order to harass, abuse, or harmanother person.
- Use the Site as part of any effort to compete with us or otherwise use the Siteand/or the Content for any revenue-generating endeavor or commercial enterprise.
- Decipher, decompile, disassemble, or reverse engineer any of the softwarecomprising or in any way making up a part of the Site.
- Attempt to bypass any measures of the Site designed to prevent or restrict accessto the Site, or any portion of the Site.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged inproviding any portion of the Site to you.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, orother material, including excessive use of capital letters and spamming (continuousposting of repetitive text), that interferes with any party’s uninterrupted use andenjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use,features, functions, operation, or maintenance of the Site.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as apassive or active information collection or transmission mechanism, including withoutlimitation, clear graphics interchange formats (“gifs”), 1?1 pixels, web bugs, cookies, orother similar devices (sometimes referred to as “spyware” or “passive collectionmechanisms” or “pcms”).
- Except as may be the result of standard search engine or Internet browser usage,use, launch, develop, or distribute any automated system, including without limitation,any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or usingor launching any unauthorized script or other software.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- Use the Site in a manner inconsistent with any applicable laws or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards,online forums, and other functionality, and may provide you with the opportunity to create,submit, post, display, transmit, perform, publish, distribute, or broadcast content andmaterials to us or on the Site, including but not limited to text, writings, video, audio,photographs, graphics, comments, suggestions, or personal information or other material(collectively, “Contributions”). Contributions may be viewable by other users of the Siteand the Marketplace Offerings and through third-party websites. As such, anyContributions you transmit may be treated as non-confidential and non-proprietary. Whenyou create or make available any Contributions, you thereby represent and warrant that:
By posting your Contributions to any part of the Site, you automatically grant, and yourepresent and warrant that you have the right to grant, to us an unrestricted, unlimited,irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right,and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle,archive, store, cache, publicly perform, publicly display, reformat, translate, transmit,excerpt (in whole or in part), and distribute such Contributions (including, without limitation,your image and voice) for any purpose, commercial, advertising, or otherwise, and toprepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in anymedia formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafterdeveloped, and includes our use of your name, company name, and franchise name, asapplicable, and any of the trademarks, service marks, trade names, logos, and personaland commercial images you provide. You waive all moral rights in your Contributions, andyou warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all ofyour Contributions and any intellectual property rights or other proprietary rightsassociated with your Contributions. We are not liable for any statements orrepresentations in your Contributions provided by you in any area on the Site. You aresolely responsible for your Contributions to the Site and you expressly agree to exonerateus from any and all responsibility and to refrain from any legal action against us regardingyour Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwisechange any Contributions; (2) to re-categorize any Contributions to place them in moreappropriate locations on the Site; and (3) to pre-screen or delete any Contributions at anytime and for any reason, without notice. We have no obligation to monitor yourContributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review,you must comply with the following criteria: (1) you should have firsthand experience withthe person/entity being reviewed; (2) your reviews should not contain offensive profanity,or abusive, racist, offensive, or hate language; (3) your reviews should not containdiscriminatory references based on religion, race, gender, national origin, age, maritalstatus, sexual orientation, or disability; (4) your reviews should not contain references toillegal activity; (5) you should not be affiliated with competitors if posting negative reviews;(6) you should not make any conclusions as to the legality of conduct; (7) you may notpost any false or misleading statements; and (8) you may not organize a campaignencouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely noobligation to screen reviews or to delete reviews, even if anyone considers reviewsobjectionable or inaccurate. Reviews are not endorsed by us, and do not necessarilyrepresent our opinions or the views of any of our affiliates or partners. We do not assumeliability for any review or for any claims, liabilities, or losses resulting from any review. Byposting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify,translate, transmit by any means, display, perform, and/or distribute all content relating toreviews.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback,or other information regarding the Site or the Marketplace Offerings (“Submissions”)provided by you to us are non-confidential and shall become our sole property. We shallown exclusive rights, including all intellectual property rights, and shall be entitled to theunrestricted use and dissemination of these Submissions for any lawful purpose,commercial or otherwise, without acknowledgment or compensation to you. You herebywaive all moral rights to any such Submissions, and you hereby warrant that any suchSubmissions are original with you or that you have the right to submit such Submissions.You agree there shall be no recourse against us for any alleged or actual infringement ormisappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE ANDPOLICY
We respect the intellectual property rights of others. If you believe that any materialavailable on or through the Site infringes upon any copyright you own or control, pleaseimmediately notify our Designated Copyright Agent using the contact information providedbelow (a “Notification”). A copy of your Notification will be sent to the person who postedor stored the material addressed in the Notification. Please be advised that pursuant tofederal law you may be held liable for damages if you make material misrepresentations ina Notification. Thus, if you are not sure that material located on or linked to by the Siteinfringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and includethe following information: (1) A physical or electronic signature of a person authorized toact on behalf of the owner of an exclusive right that is allegedly infringed; (2) identificationof the copyrighted work claimed to have been infringed, or, if multiple copyrighted workson the Site are covered by the Notification, a representative list of such works on the Site;(3) identification of the material that is claimed to be infringing or to be the subject ofinfringing activity and that is to be removed or access to which is to be disabled, andinformation reasonably sufficient to permit us to locate the material; (4) informationreasonably sufficient to permit us to contact the complaining party, such as an address,telephone number, and, if available, an email address at which the complaining party maybe contacted; (5) a statement that the complaining party has a good faith belief that use ofthe material in the manner complained of is not authorized by the copyright owner, itsagent, or the law; and (6) a statement that the information in the notification is accurate,and under penalty of perjury, that the complaining party is authorized to act on behalf ofthe owner of an exclusive right that is allegedly infringed upon.
If you believe your own copyrighted material has been removed from the Site as a result ofa mistake or misidentification, you may submit a written counter notification to [us/ourDesignated Copyright Agent] using the contact information provided below (a “CounterNotification”). To be an effective Counter Notification under the DMCA, your CounterNotification must include substantially the following: (1) identification of the material thathas been removed or disabled and the location at which the material appeared before itwas removed or disabled; (2) a statement that you consent to the jurisdiction of theFederal District Court in which your address is located, or if your address is outside theUnited States, for any judicial district in which we are located; (3) a statement that you willaccept service of process from the party that filed the Notification or the party’s agent; (4)your name, address, and telephone number; (5) a statement under penalty of perjury thatyou have a good faith belief that the material in question was removed or disabled as aresult of a mistake or misidentification of the material to be removed or disabled; and (6)your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements describedabove, we will restore your removed or disabled material, unless we first receive noticefrom the party filing the Notification informing us that such party has filed a court action torestrain you from engaging in infringing activity related to the material in question. Pleasenote that if you materially misrepresent that the disabled or removed content was removedby mistake or misidentification, you may be liable for damages, including costs andattorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Attn: Copyright Agent
__________, __________ __________
TERM AND TERMINATION
If we terminate or suspend your account for any reason, you are prohibited fromregistering and creating a new account under your name, a fake or borrowed name, or thename of any third party, even if you may be acting on behalf of the third party. In additionto terminating or suspending your account, we reserve the right to take appropriate legalaction, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time orfor any reason at our sole discretion without notice. However, we have no obligation toupdate any information on our Site. We also reserve the right to modify or discontinue allor part of the Marketplace Offerings without notice at any time. We will not be liable to youor any third party for any modification, price change, suspension, or discontinuance of theSite or the Marketplace Offerings.
These terms shall be governed by and defined following the laws of Turkey. Muslumanaand yourself irrevocably consent that the courts of Turkey shall have exclusive jurisdictionto resolve any dispute which may arise in connection with these terms.
Any dispute arising out of or in connection with this contract, including any questionregarding its existence, validity, or termination, shall be referred to and finally resolved bythe International Commercial Arbitration Court under the European Arbitration Chamber(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as aresult of referring to it, is considered as the part of this clause. The number of arbitratorsshall be __________. The seat, or legal place, or arbitration shall be __________. Thelanguage of the proceedings shall be __________. The governing law of the contract shallbe substantive law of __________.
The Parties agree that any arbitration shall be limited to the Dispute between the Partiesindividually. To the full extent permitted by law, (a) no arbitration shall be joined with anyother proceeding; (b) there is no right or authority for any Dispute to be arbitrated on aclass-action basis or to utilize class action procedures; and (c) there is no right or authorityfor any Dispute to be brought in a purported representative capacity on behalf of thegeneral public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisionsconcerning informal negotiations binding arbitration: (a) any Disputes seeking to enforceor protect, or concerning the validity of, any of the intellectual property rights of a Party; (b)any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, orunauthorized use; and (c) any claim for injunctive relief. If this provision is found to beillegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling withinthat portion of this provision found to be illegal or unenforceable and such Dispute shall bedecided by a court of competent jurisdiction within the courts listed for jurisdiction above,and the Parties agree to submit to the personal jurisdiction of that court.
There may be information on the Site that contains typographical errors, inaccuracies, oromissions that may relate to the Marketplace Offerings, 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 Site at anytime, without prior notice.
THE SITE IS PROVIDEDON AN AS-IS AND AS-AVAILABLE BASIS. YOUAGREE THATYOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THEFULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSORIMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF,INCLUDING, WITHOUTLIMITATION, THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULARPURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUTTHEACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OFANYWEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY ORRESPONSIBILITYFOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OFCONTENT AND MATERIALS, (2)PERSONAL INJURY OR PROPERTY DAMAGE, OFANY NATURE WHATSOEVER, RESULTING FROMYOUR ACCESS TO AND USE OFTHE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OFOUR SECURESERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIALINFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OFTRANSMISSIONTO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJANHORSES, OR THE LIKE WHICHMAY BE TRANSMITTED TO OR THROUGH THE SITEBY ANY THIRD PARTY, AND/OR (6) ANYERRORS OR OMISSIONS IN ANY CONTENTAND MATERIALS OR FOR ANY LOSS OR DAMAGE OFANY KIND INCURRED AS ARESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OROTHERWISEMADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OROFFERED BY ATHIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE,OR ANY WEBSITE OR MOBILEAPPLICATION FEATURED IN ANY BANNER OROTHER ADVERTISING, AND WE WILL NOT BE APARTY TO OR IN ANY WAY BERESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOUAND ANYTHIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THEPURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANYENVIRONMENT, YOUSHOULD USE YOUR BEST JUDGMENT AND EXERCISECAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLETO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSTPROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROMYOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITYOF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARYCONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER ANDREGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TOTHEAMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIODPRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS ANDINTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIESOR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWSAPPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAYNOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintaincertain data that you transmit to the Site for the purpose of managing theperformance of the Site, as well as data relating to your use of the Site. Although weperform regular routine backupsof data, you are solely responsible for all data that youtransmit or thatrelates to any activity you have undertaken using the Site. You agreethatwe shall have no liability to you for any loss or corruption of any suchdata, and youhereby waive any right of action against us arising from any suchloss or corruption ofsuch data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, ANDSIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electroniccommunications. You consent to receive electronic communications, and you agree thatall agreements, notices, disclosures, and other communications we provide to youelectronically, via email and on the Site, satisfy any legal requirement that suchcommunication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONICSIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TOELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OFTRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You herebywaive any rights or requirements under any statutes, regulations, rules, ordinances, orother laws in any jurisdiction which require an original signature or delivery or retention ofnon-electronic records, or to payments or the granting of credits by any means other thanelectronic means.
CALIFORNIA USERSAND RESIDENTS
If any complaintwith us is not satisfactorily resolved, you can contact the ComplaintAssistance Unit of the Division of Consumer Services of the CaliforniaDepartment ofConsumer Affairs in writing at 1625 North Market Blvd., Suite N112, Sacramento,California 95834 or by telephone at (800) 952-5210 or (916)445-1254.
In order to resolve a complaint regarding the Site or to receive further informationregarding use of the Site, please contact us at:
Hoca Ahmet Yesevi Mah, Bekir Yildiz Bul, Haspark Apt 120/A
Kocasinan, Kayseri 38090