2. The “SITE” owner is TMOB BİLİŞİM YAZILIM VE TEKNOLOJİ SİSTEMLERİ A.Ş (Hereinafter referred to as TMOB) domiciled in Yeşilce Mahallesi, Yunus Emre Caddesi, Nil Ticaret Merkezi, No:8, 4. Levent/Istanbul. The services provided on the “SITE” and specified in this present contract are offered by “TMOB”.
3. Those who benefit from the services offered on the “SITE” or any natural or legal person who access to the “SITE” are deemed to have agreed to the following terms and conditions. TMOB reserves the right to change the conditions specified in this contract at any time without any notice to the “USER”. These changes will be published periodically on the “SITE” and will enter into force at the date of issue. Any changes made to the provisions of this agreement by TMOB are accepted in advance by any natural or legal persons who benefit from and access to the “SITE”.
5.1. SITE: means the internet site by which various services and contents are provided within scope determined by TMOB, accessed via online environment, main domain name www.t-moni.com and subdomains attached to this domain.
5.2. USER: means all real and legal persons who access to the “SITE” and/or the “TMOB DATABASE” via online media.
5.3. LINK: means the link that makes it possible to access to the “SITE”, through “SITE”, or to another website, files, content, or to the “SITE” from another web site.
5.4. CONTENT: means any information, text, file, drawing, image, video, audio, etc. figure, written and visual imagery published or accessed on the “SITE”.
5.5.TMOB DATABASE: means the database in which the content accessed on “SITE” is stored, classified, can be queried and accessed, that belongs to “TMOB” and protected in accordance with the Law No. 5846 on Intellectual and Artistic Works.
5.6. “MEMBER”: means the any natural and/or legal person “USER” who benefits from special services offered by “TMOB”, by completing “MEMBERSHIP” process on the SITE defined by “TMOB” as a result of electronic confirmation of TMOB, and accepts the agreements particular for those services with his/her electronic approval within “MEMBERSHIP” subscription process.
6. TMOB SERVICES
6.1. enables the “USERS” to query the content loaded into “TMOB DATABASE” by using the interfaces on the “SITE” through the “TMOB DATABASE”, and display them through interfaces of “TMOB” on the “SITE”.
6.2. Particular attention is given to the accuracy and up-to-dateness of all content related to TMOB, in particular the information about the products and services offered by “TMOB” viewed by “USERS” on the “SITE” by accessing to the “TMOB DATABASE”. The matters referred to in these contents do not constitute a guarantee or undertakings of “TMOB”, are only a promotion to those who accessed to the “SITE” and wished to get information about “TMOB” and the products and services of “TMOB”. TMOB’s commitments and guarantees for the products and services of “TMOB”, are established pursuant to the provisions of the sales contract concluded between those who purchase the products and services of “TMOB” or resellers and “TMOB” and/or its authorized resellers, without prejudice to the provisions of mandatory legislation.
6.3. The services provided by “TMOB” are not limited to that specified above. The above mentioned services are the basic services offered “TMOB”, adding new services, changing completely the scope and conditions of the above mentioned services is at the sole discretion of “TMOB”. “TMOB” may exercise this power in a way it wishes unilaterally without any notification.
7. TERMS AND LIABILITIES RELATED TO THE USE OF TMOB’S SITE
7.1. “USERS” can perform transaction on the “SITE” only by lawful purposes. Civil and criminal liability of the “USERS” and “MEMBERS” for any actions they perform on the “SITE” are within their own responsibility.
7.2. “SITE” functions with the principle that USERS view the CONTENT loaded onto TMOB DATABASE by TMOB. “TMOB” has no civil or criminal liability for the CONTENT the USERS viewed, that aren’t loaded or generated voluntarily by TMOB; displaying or accessing such content on the SITE does not mean that TMOB adopts those contents or verifies the information of those contents.
7.3. “USER” accepts and undertakes not to copy, reproduce, distribute, process any image, drawing, text, visual and auditory image, video clip, file, database, catalog and list, including but not limited to, any content displayed on the SITE, and used by “TMOB”, unless otherwise stated by “TMOB”, or compete directly and/or indirectly with TMOB with these actions or through other means.
7.4. “USERS” and “MEMBERS” accept and undertake not to engage in activities which may lead to unfair competition on the “SITE” in accordance with the provisions of Turkish Commercial Code, or not to perform acts that will constitute an infringement to the personal and commercial reputation, personal rights of “TMOB” and third parties.
7.5. “TMOB” always reserves the right to modify the services offered on the SITE and the content accessed through the “SITE”. “TMOB” can exercise this right without any prior notification.
7.6. “USERS” are liable to use the information they accessed on the SITE only for the purposes “TMOB” disclosed.
7.7. “TMOB” can give links on the “SITE”, to other web sites and/or CONTENTS and/or files beyond its control and owned and operated by other third parties. These links are provided solely for ease of reference, and don’t constitute any representation or warranty for supporting related websites or the persons. TMOB has no responsibility for the web sites, files and contents accessed through the links on the “SITE”, as well as services or products or their content provided on the web site accessed through those links.
7.8. “TMOB” does not have any responsibility for product drawing samples on this “SITE” therefore the Member can not hold “TMOB” responsible directly and/or indirectly in any way.
7.9. “TMOB” may use, disclose, process, share, store on a database the information
7.10. It is prohibited to get information intensively from “TMOB DATABASE” in order to obtain the content accessed and/or viewed through the “SITE”. For the persons who fail to comply with this prohibition, and download intensively information from “TMOB DATABASE”, criminal proceedings shall be initiated by TMOB assuming that they made unauthorized access to the information system specified in article 24381) of Turkish Criminal Code.
7.12. Copying, reproduction, transmission, processing and displayed on other websites media of the content accessed through the “SITE” is prohibited without the express written consent of “TMOB” .
7.13. It is forbidden to access and/or display any CONTENT through the “SITE” without the express written consent of “TMOB” by the third parties, including web sites or any communication medium except TMOB web site.
7.14. “TMOB DATABASE” and the information on that database may not be may not be reproduced, transferred to other databases, and opened to access and use by third parties without the prior written consent of TMOB.
8. INTELLECTUAL PROPERTY RIGHTS
10. FORCE MAJEURE
11. APPLICABLE LAW AND JURISDICTION
12. EFFECT AND ACCEPTANCE