1. The Parties
1.1 The website carrying out its activities on www.blesh.com (hereinafter referred to as the “Site”) is provided by by Sosyal Ağlar Elektronik Ticaret A.Ş.located at Smart Plaza Ruzgarlibahce Mah. Kavak Sok. No:31/1 B Blok Kat 9 34805 Kavacik Beykoz-Istanbul (the “Company”).
1.3 Within the scope of these Terms the Company and the Users shall be referred as “Party”separately and as “Parties” collectively.
2. Subject of the Terms
The subject of these Terms is to determine the terms and conditions regarding the use of the Site by the Users and to regulate the rights and obligations of the Parties.
3. Rights and Obligations of the Parties
3.1 The User shall comply with the Terms and other provisions that may be published in the Site from time to time, law, morals and manners, principles of honesty in all the transactions they will perform within the Site and shall not act in a manner that may hinder the operation of the Site, infringe or constitute a risk to infringe the rights of third persons in any means.
3.2 The User shall be solely responsible for the use and management of any information that enables to use the Website and for keeping their password confidential and secure. The User shall be obliged to inform the unauthorized use of their username and password to the Company. Any activity carried out via the User’s account shall be considered as carried out by the User and the User shall be solely liable for the damages incurred by the User and/or third parties in consequence of the use of such information by any person other than the User, or loss or handover of such information. In the event that the User creates an account on behalf of an institute, institution or enterprise, they accept and undertake that they shall be vested with the necessary permission to represent the said institute, institution or enterprise.
3.3 The User shall in no condition transfer the generated username, password and membership profiles to another user or authorize third persons to use such.
3.4 The User accepts that it is required to execute a separate Device Sale and SDK License Agreement with the Company in order to purchase the software development kit and the iBeacon device (“Device”) that is sold in the Site and provided by the Company.
3.5 The User shall bear any legal, administrative and criminal responsibility with regard to the use of the Site. The Company shall not be held responsible, directly or indirectly for any manner whatsoever, for the damages that may be incurred by the third parties in consequence of theactivities of the User carried out via the Site, and/or of their breach of these Terms or law. Any claims to be submitted by third parties within this scope, and damages that may arise from the failure of the User to perform their obligations specified in these Terms shall be recoursed to the User.
3.6 The User accepts that the access to the Site may be blocked temporarily in order to apply the improvements and other changes in the Site.
4. Rights and Obligations of the Company
4.1 All rights of the software, visuals and designs, texts, logos, graphics shall belong to the Company. It is strictly prohibited to copy the information and/or software that are used in the design of the Site and/or use them beyond the benefit from the Site; copy, distribute, process and in other means use the pictures, texts, images, documents etc. in the Site, to use the information and documents concerning the Device and the software development kit provided via Site for the purpose of development of products that may be rival to the Device. Additionally, it is strictly prohibited for the Users to (i) attempt to any actions that may prevent the operation of software belonging to the Site or utilization of the Site by the other users (ii) load non-proportional content on the site to the extent that result as such; access to the messages and information uploaded by someone else and/or published in the Site, or to copy, erase, change, or try in this manner on such information, content and messages (iii) commit actions that might threaten the general security of the Site and/or harm the other Users; (iv) use or try to use the software that might prevent the operation of the Site and the software used, or hinder, result to break, reverse engineer, attack or, keep busy or invade in other means to the operation of any software, hardware and servers, or to make efforts to provide access to the Company’s servers.
5. Limitation of Liability
5.1 The Company shall not be liable directly or indirectly for any damages that may occur in consequence of the breach of contract, torts or any other reason that may arise from the access or use of the Site or of the information, other data, programs etc. in the Site. The Company does not accept any liability on the issues where the transaction is interrupted, data is deleted or lost, the transaction or communication is delayed, and computer viruses, communication error, theft, annihilation or unauthorized access to the records, change or use of the records that may occur in consequence of the breach of these Terms, torts, omission or any other reasons. It shall be accepted that the Company is held harmless from any liabilities, claims and damages including court and other expenses that may arise from the access to the Site or other linked sites or from the use or visit of the Site.
5.2 The User acknowledges and declares that links to the websites and/or platforms, files or contents which are not controlled by the Company may be given via the Site, third party services may be offered, and that such links shall not be considered as provided for purposes of support to the website or its operator, or as undertaking or guaranteeing anything with regard to the website or its content, the Company shall not be liable for the platforms, websites, files and contents, services or goods or for their content.
5.3 To the extent allowed by applicable law, the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, which may be incurred as a result of the use of the Site, including but not limited to loss of profit, loss of goodwill or business reputation. Features and other contents in the Site are being offered “AS IS” and the Company does not provide any commitment or undertaking with regard to the authenticity, accuracy or security of such. Furthermore, the Company disclaims all warranties whether express or implied, including but not limited to the implied warranties and conditions of merchantability and fitness for a particular purpose or use or non-breach.
5.4 The User acknowledges and declares that the availability and quality of the Site and contents provided via the Site substantially depend upon the service quality provided by the relevant Internet Service Provider and that the Company is not responsible for any problems arising from such service quality, that they are aware that the operation of the Site is not error free and malfunction and blocked access may be occurred from time to time.
5.5 The User accepts that they acknowledge that the Company does not guarantee the absence of viruses, worms or any other attacks and unauthorized access to the Site or transfers to or from the Site, and the Company shall not be obliged to provide support, maintenance, update or new versions with respect to the software.
7. Suspension and Termination of the Terms
7.1 The Company may suspend the User’s use and/or utilization of the Site temporarily or permanently in the event that the User fails to comply with these Terms and terms and rules published in the Site, that the User’s activities constitutes legal, technical and especially information security risks, the User harms the third parties’ individual and commercial rights. The User shall not claim any demands in this regard.
7.2 The Company may terminate or suspend the Site and/or these Terms, at any time for a definite or indefinite period.
8. Dispute Resolution
With respect to the disputes that may arise regarding these Terms primarily the provisions set out herein, if not, the laws of the Republic of Turkey shall be applied. Central (Çağlayan) Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from the execution of these Terms.