Digi.logue website (“Site”) is provided by Zorlu Holding A.Ş. (“Zorlu”) located at [Levent 199].
The Zorlu and the User shall be referred to as “Party” separately, and as “Parties” jointly under the Terms.
1. Subject of the Terms
The Site is a multi-stakeholder social innovation platform targeting to convey the digital transformation to a large mass.
The subject of these Terms is to regulate the rights and obligations of Parties with respect to Users’ contribution (“Contribution”) as opinion and content for the projects provided in the Site and belonging to the participants (“Participant”), who participate into activities organized by the Zorlu for fulfilling the above mentioned purpose, and other contents, subjects and projects published on the Site (altogether, “Project”), and Users’ enjoyment of the Site.
2. Rights and Obligations of the Parties
1.1. The User acknowledges that he/she should approve these Terms by providing information requested by the Zorlu completely, correctly and up-to-date in order to benefit from the Site. In the event of any changes to the information provided during the installation of the user’s status, such information will be updated immediately. The Zorlu is not responsible for the inability to access or use the Site because such information is provided incompletely or incorrectly or is not up-to-date. The user declares that he/she is over 18 years of age and has legal competence to conclude these Terms.
1.2. The Zorlu reserves right to refuse the opening of the User’s account at its own sole discretion without any justification.
1.3. The User is solely responsible for the use and management of all information enabling the use of the Site, and ensuring the confidentiality and security of the password, and all activities performed through the use of such information on the Site will be deemed to have been performed by the User and any legal and penal liability arising from these activities will belong to the User. If the user is aware of any unauthorized use or any other violations of security, he/she will immediately notify the Zorlu.
1.4. The User agrees and undertakes that any information, content and correspondence uploaded to the Site by him/her, in particular Contributions, are lawful and will not have any unlawful or immoral qualification including but not limited to defamation, misrepresentation, blackwash and discriminatory declaration, insult, slander, threat or harassment; Contributions and other information and contents will not cause infringement of any rights including the intellectual property rights of third parties; the user will not share advertisements, campaigns, and promotional contents, contests, drawings and promotional offers and announcements on the Site. Contributions, other information and contents, which are uploaded to the Site by the User and do not comply with these Terms and other terms and conditions contained in the Site, in particular this article, may be removed from the Site without any justification by the Zorlu, and the User’s ability to access to the Site may be suspended partially or completely because of such Contribution, information and contents. The Zorlu’s approval of any Contribution to be published on the Site shall not be construed as removal of the Zorlu’s irresponsibility regarding the Contributions.
1.5. With respect to the use of the Site and sharing the Contribution on the Site, the User agrees, declares and undertakes that:
1.1.1. The User shares the Contributions shared through the Site at own request, and gratuitously, these Contributions can be used by Project owners or other third parties, and permits for use of any idea that the user shares on the Website for creation of any idea including but not limited to development, processing, publication of idea, work, design, trademark, logo, invention, utility model. The User agrees that he/she will not claim any right in such idea provided to the website, and will not claim infringement of related legal legislation including the Law on Intellectual and Artistic Works No. 5846 and the Industrial Property Law No. 6769. The user will not direct any claim and demand to the Zorlu, its business partners, Project owners and other third parties,
1.1.2. The User is the owner of All Contributions, is authorized to grant the license and rights specified in these Terms to the Zorlu and third parties, and has obtained all required licenses, permits or approvals for granting such licenses,
1.1.3. The submission of the Contribution will not create any confidentiality relationship between the user and the Zorlu; the Contributions can be published publicly, and the Zorlu does not consider the Contribution as a secret or confidential information,
1.1.4. The Zorlu, Project owners and third parties have no obligation to develop or use the Contribution,
1.1.5. The Zorlu, Project owners or other Users can present the same or similar Contribution as the Contribution which the User has shared, any evaluation and use of the Contribution under the Project in any manner shall not be construed as the Contribution of the User,
1.1.6. The Contribution can be evaluated and used in any manner by third parties, the Zorlu or its cooperated parties have no obligation or responsibility in this respect.
1.6. The User agrees that when the user participates into any activity organized by the Zorlu within the scope of activities related to the Site in order to submit any Project or Contribution, the user will have the title of Participant, and will sign and obey agreement, rules and conditions which are requested to be approved or signed by the Zorlu in this respect.
1.7. All legal, administrative and penal responsibility for use of the Site and Contributions shared on the Site belong to the User. The Zorlu may not be held directly or indirectly responsible for any damages suffered or to be suffered by third parties due to the activities performed by the User on the Site and/or these Terms and unlawful actions. All claims of third parties in this respect and damages to be suffered by the Zorlu arising from the User’s failure to fulfill its obligations set forth in the Terms will be recoursed to the User.
3. Intellectual Property Rights
1.1. The Zorlu’s system including images and designs, texts, logos, graphics in the Site, and all rights to the Site or the right to use them belong to the Zorlu. The Zorlu grants the User a limited, non-exclusive and non-transferable right to use the Site (a simple license). This right to use granted to the User shall not be construed as restricting the Zorlu the free exercise of all other rights including the Zorlu’s right to license others.
1.2. The User will use the Site only within the scope specified in these Terms and shall not lend or offer this right for the benefit and use of third parties (person, institution, organization, company etc.) in any form such as rent with or without any charge. It is strictly forbidden to copy information and/or software used in the design, content of the Site and the creation of the database and/or to use them beyond enjoyment of the Site, to copy, to distribute, to process and otherwise to use any data such as pictures, texts, images, files etc. in the Site, and Projects submitted on the Site and Contributions shared by other Users.
1.3. The User grants a worldwide, non-exclusive, perpetual, unalterable, free and transferrable and sub-licensable, unlimited right to use to the Zorlu and third parties for the purpose of using, editing, modifying, reproducing, distributing, creating derivative works of and viewing the Contributions shared on the Site under these Terms. The Zorlu and third parties are entitled to use such Contributions without any limitation.
1.4. It is strictly forbidden for the User to take any actions that could threaten the security of the Site or Zorlu systems and/or damage the Zorlu and other users, to make any attempt that would prevent operation of the Site and Zorlu systems or enjoyment of the Site and systems by other users, to impose non-proportional burden on the system so as to cause these results; to access any information, contents entered on the system by others, source codes of the Site or Zorlu’s systems without any authority, to copy, to delete, to modify such information or otherwise to attempt to do so; to use, to attempt using software that would prevent operation of the Site or to disrupt, cause disruption of, reverse engineer, attack, occupy or interfere operation of any software, hardware and servers, or attempt to access to the Zorlu’s servers. The User agrees that he/she will not complete with the Zorlu or the Site in above mentioned methods and will not support third parties acting for this purpose.
4. Limitation of Liabilities
1.1. The Zorlu provides the Site on “AS IS” basis and does not make any claim or commitment that the Site will be free from errors, flawless and excellent or meet the User’s specific requirements completely. The User agrees and declares that the operation of the Site is not free from defects and it can be encountered with any technical disruptions or access hindrances from time to time.
1.2. The Zorlu is not liable for (i) direct or indirect damages which shall arise from the User’s use, nonuse or misuse of the Site or failure to fulfill its commitments and obligations specified in these Terms, as well as any material, moral and financial damages such as any loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, compensation claims to be made by any third party; (ii) all hardware, system software/other software and network-related functions and failures resulting therefrom; (iii) network, internet connection, connection errors; (iv) any changes, updates, and similar works to be performed on the Site by the User or third parties; (v) damages caused by voltage fluctuations, battery and power cuts, virus contamination and any similar environmental factors.
1.3. The User is solely responsible for any Contributions shared on the Site and any claims and damages arising from these Contributions will be communicated to or recoursed to the User. The User agrees and declares that the Zorlu has no responsibility to research authenticity, originality, reliability, and accuracy of any content shared on the Site including Contributions and Projects provided by other Users and Participants and to determine whether they comply with the law or not; the Contributions of the User can be used and shared on the Site or other medias by third parties; and the Zorlu has no responsibility for infringement of the User’s intellectual property or other rights by third parties and damages resulting therefrom.
1.4. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Zorlu WILL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PENAL DAMAGES WHATSOEVER IN CONNECTION WITH THE USE OF THE SITE INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF GOODWILL AND REPUTATION. Zorlu DOES NOT GIVE ANY EXPRESS OR IMPLIED WARRANTY REGARDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT UNDER THESE TERMS.
1.5. The User agrees and declares that any link can be given to other websites and/or platforms, files or contents that are not under the control of the Zorlu through the Site, services belonging to third parties can be provided, and such links do not have any statement or warranty for supporting the website directed by such links or operator/service provider or in respect to the website or contained information; and the Zorlu has no responsibility for platforms, websites, files, and contents, services or products or their contents accessed through such links.
1.6. The User agree that the access to the contents provided through the Site is based on the quality of the User’s device and service provided from related internet service provider, and the Zorlu has no responsibility for any problems arising from such service quality. The user also agrees that access to the Site may be blocked to implement the improvements and other changes to the Site.
5. Infringement of Obligations
In the event that the User does not comply with regulations contained in these Terms and its annexes, the User’s activities constitute any risk in the sense of legal, technical and information security or infringes the obligations of the Site, or even if there is not any reason, the Zorlu may cease temporarily or permanently the use and/or enjoyment of the Site by the User.
6. Resolution of Disputes
Istanbul Central (Caglayan) Courts and Execution Offices shall be authorized to resolve any disputes arising from these Terms and the use of the Site.
7. Miscellaneous Provisions
1.1. In all cases of force majeure, the Zorlu may not be held responsible for any late or incomplete performance or failure to perform any of the actions set forth in these Terms. Force majeure shall be construed as events which occur beyond the reasonable control of the related party including but not limited to natural disaster, riot, war, strike, lockout, failures due to telecommunication infrastructures, electricity interruption and bad weather conditions. The actions of the Parties shall be suspended during the force majeure event.
1.2. If any provision of these Terms is declared invalid or unenforceable by a competent court or council, such provision will be replaced by a valid provision which shall have close meaning for the purpose of the Terms.
1.3. The Zorlu reserves right to revise these Terms and its annexes without any prior notice and in case this right is used, the related change will take effect with the next use of the Site by the User. The User will be personally responsible for the regular follow-up of such documents.