TERMS OF USE
Effective: 19.04.2022
Last Update: 27.04.2022

USER AGREEMENT

  1. Parties

1.1        This User Agreement (hereinafter referred to as the “Agreement”) have been concluded by and between United Plankton Reklam ve Teknoloji Anonim Şirketi, established and existing under the laws of the Republic of Turkey, domiciled at Göktürk Merkez Mahallesi Göktürk Cad. Su Venue Sitesi A Blok No: 2/4 Eyüpsultan-İstanbul and the user (hereinafter referred to as the “User”) of the website www.uplankton.com (hereinafter referred to as the “Web Site”) under the following terms and conditions. United Plankton and the User shall be individually referred to as a “Party” and collectively as the “Parties”.

1.2       The User, by logging into the Website and using the Website, accepts and declares that he/she has read the entire Agreement, understood its content in its entirety and approved all its provisions.  The User who does not approve and confirm the User Agreement and Privacy Policy should not use the Website and should not access the Website.

  1. Definitions

In this Agreement;

UP: United Plankton Reklam ve Teknoloji Anonim Şirketi;

Content: Any and all kinds of information, files, pictures, figures, visuals, literary and auditory images published or accessible on the Website,

User: All natural and legal persons capable of using the civil rights to benefit from the Content, applications and Service on the Website upon accepting the terms of the Agreement,

Agreement: this User Agreement,

Parties: UP and the User,

Website: the Website that can be accessed from www.uplankton.com domain name and other subdomains. The website contains mandatory information within the scope of the relevant legislation, information and promotional activities regarding UP.

  1. Subject and Scope of the Agreement

3.1       This Agreement sets forth the rights and obligations of UP and Users regarding the Service to be provided to the User by UP operating in the video and content production sector.

  1. Terms of Service

4.1       The Website may only be visited, viewed and used for lawful purposes and for personal use. The Website can be used to obtain information about UP or its products.

4.2       UP is not responsible for any damages that may arise from the inaccuracy of the information on the Website or from the use of the Website for other purposes.

4.3       When the user logs in to the Website, he/she accepts, declares and undertakes that he/she is aware of the respective issues by reading and approving the User Agreement and the Disclosure and Information Text on the Processing of Personal Data and the Privacy Policy.

4.4       It is forbidden for the User to make any attempts to threaten the safety and security of the Website and/or other Users. UP is not responsible for the damages caused to third parties due to the actions performed by the users on the Website or the illegal actions thereof.

  1. Rights and Obligations of the Parties

5.1.      UP reserves the right to make changes to the Agreement at its sole discretion and unilaterally at any time, without stating any reason and without further notice to the Users. Such changes shall be deemed valid and binding for the Parties, taking effect from the date they are published on the Website. The Users shall be deemed to have accepted these changes by continuing to use the Service on the Website.

5.2.      UP is free to offer or not offer the Service provided that there is no legal obligation, and has the right, without prior notice, to apply conditions to the Services and Contents on the Website, to temporarily suspend and/or change the Services on the Website, to temporarily suspend and/or change the Website, and to close and delete all the information and Contents uploaded to the system by third parties or the User. UP is entitled to use this right without any notice or precedent, and UP does not bear any responsibility in this regard.

5.3.      Providing links to third parties and other websites operated by third parties, files, Content and similar areas through the Website is for information and advertising purposes only, and UP does not guarantee that such links are secure, in compliance with respective legislations or correct. It is the sole responsibility of the third party that performs such actions or sends the Contents to the Website to guarantee the accuracy and legality of the information, contents, audiovisual images provided and published by such third party.

5.4.      UP does not guarantee or warrant that the files downloaded from the Website are free of viruses or similar harmful features, that the Website will be error-free and uninterrupted, and/or the consequences that can be expected from the use of the Service; and it is not responsible in any way for the actions and acts of third parties and the Users of the Website, and for other actions, due to the information and images on this Website including, but not limited to, damage and loss caused by failure, error, defect, interruption, virus, delay in transportation, force majeure that may occur during the use of the Website.

5.5.      The User agrees, declares and undertakes that he/she will not violate the specified intellectual property rights by visiting and using the Website; he/she will not copy, reproduce, publish, modify, translate into another language, store or subject the same to any process, distribute, process, upload, display, destroy or use in any way, any pictures, texts, files, audiovisual images, icons, databases, title, business name, Content and software, product, design, trademark, patent, logo and any kind of information, content, documents and images of UP and/or another third party available on the Website, he/she will not to use all or part of the Website on another website without the permission of UP, will not provide link to the website without the written consent of UP, and that it will not compete with UP directly and/or indirectly, and that it will not use the Website in any illegal and/or unauthorized manner.

 

5.6.      All rights regarding this Website software as well ass all registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, text, image, icon, information and method on this Website belong to UP, and are protected under national and international law. Visiting the Website does not give the User any rights regarding the intellectual property rights in question. The User hereby agrees, declares and undertakes not to violate the intellectual property rights mentioned hereunder by visiting or using the Website.

5.7.      It is forbidden to use the information available on the Website in any way, including duplication, translation into another language, storage or any processing thereof. The information on the Website cannot be published, copied, presented and/or transferred in any way without obtaining the written consent of UP.

5.8.      Users who use any proprietary or unregistered intellectual property rights, such as design, picture, database, file, title, business name, trademark, patent, logo, text, audio-visual image, icon, information and method subject to copyright, in an unauthorized manner without obtaining explicit consent may have their access and/or use rights to the Website revoked and in case of detection of such use, all kinds of legal and administrative remedies will be applied.

  1. Force Majeure

UP shall not be held liable for late or incomplete performance or non-performance of any of its obligations set out in this Agreement in any and all cases deemed ‘force majeure’, such as events that cannot be prevented, unavoidable, etc., despite taking the due care, including but not limited to cyber attacks, natural disaster, riot, war, strike, communication problems, infrastructure and internet faults, power cut and bad weather conditions, beyond the reasonable control of the relevant party, which are unforeseeable. In case of a force majeure event, no compensation can be claimed from UP under any name whatsoever.

  1. Miscellaneous

The “information and disclosure text pursuant to LPPD” on the Website is an integral part of this agreement, and Users accept, declare and undertake that they have read and accepted the provisions of the said Information text and that they will comply with its contents, and otherwise they should not access, visit, view or use this Website.

  1. Evidence Agreement

In any disputes arising from the use of the Website and the Service, the books and records, log records, computer records of UP shall constitute final and exclusive evidence.

  1. Other Terms and Authorization Agreement

Turkish Law shall apply in the implementation and interpretation of this Agreement, and/or in the event of a conflict about or regarding the Website. Any and all of the disputes to arise from this Agreement shall be submitted to the jurisdiction of Istanbul Courts and Enforcement Offices.

Hosting Provider: United Plankton Reklam ve Teknoloji Anonim Şirketi

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