Effective as of 11/09/2022, ProducterHQ OÜ and its subsidiaries, (collectively, the “Producter”) have updated terms that apply to the use of Producter App (www.producter.co) .
Producter may change or discontinue any aspect, service or feature of the Producter App at any time, including, but not limited to, content, availability, and equipment needed for access or use. 3. SUBSCRIPTION
By creating a User Account (“Account”), Subscriber will gain access to provide feedback to users of our Services (“Users”), receive information from us or Users and/or participate in certain features via Producter App. Subscriber warrants that the information that has been provided during the creation of the Account complete and accurate to the best of their knowledge. Subscriber is responsible for obtaining and maintaining all the needs for the use of the Producter App. 4. CONDUCT GUIDELINES
By creating an Account, Subscriber accepts the following terms below; a.
Subscriber agrees that not to interfere with or disrupt the Producter App or the servers or networks connected to the Producter App, or disobey any requirements, procedures, policies or regulations of networks connected to the Producter App b.
Subscriber agrees that not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Producter App, use of the Producter App, or access to the Producter App c.
Subscriber agrees that not to impersonate any person or entity, including, but not limited to, the Producter employee, or falsely state or otherwise misrepresent your affiliation with any person or entity d.
Subscriber agrees that not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about users of the Producter App. 5. CONTENT GUIDELINES
By creating an Account, Subscriber accepts the following terms below; a.
Producter App may contain Sections that users can interact with each other via feedback interfaces, comments sections, forums, etc.. Subscriber agrees that, he or she is solely responsible for the use of any Section.
During the usage of the Prodcuter App Subscriber agrees that he or she will not;
i. violate or infringe in any way upon the rights of third parties,
ii. post any content that are known to be false by Subscriber,
iii. post any content that contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity,
iv. post any content that contains or advocates pornography or sexually explicit content, pedophilia, incest, bestiality, or that is otherwise obscene or lewd,
v. post any content that violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them,
vi. post any content poses a reasonable threat to personal or public safety,
vii. post any content that contains images of killing or physical abuse to living things,
Subscriber agrees that it is forbidden to use automated Technologies such as web “robots” or bot softwares to gain unfair advantage in every way. d.
Producter reserves right in sole its discretion to remove or edit contents of the Subscriber to maintain function of the Producter App as intended. e.
By submitting contents to the Producter App, Subscriber automatically grant Producter a royalty-free, perpetual, irrevocable, non-exclusive, worldwide right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sublicense (through multiple tiers) and otherwise exploit such contents (in whole or in part) in any form, media or technology now known or hereafter developed, without payment to Subscriber or to any third parties. Additionally, to the fullest extent permitted under applicable law, Subscriber waives that his or her moral rights in the content and agrees not to assert such rights against Producter. Subscriber represent and warrant to Producter that he or she have the full legal right, power and authority to grant to Producter the license provided for herein, that you own or control the complete exhibition and other rights to the content that Subscriber submitted for the purposes contemplated in this license and that neither the content nor the exercise of the rights granted herein shall violate these Terms, or infringe upon any rights, including the right of privacy or right of publicity, or constitute a libel or slander against, or violate any common law or any other right of, or cause injury to, any person or entity. Subscriber further grants to Producter the right, but not the obligation, to pursue at law any person or entity that violates Subscribers’ or our rights in the User Content by a breach of these Terms. 6. DISCLAIMER OF WARRANTY
Subscriber agrees in advance that; Use of the Producter App at his or her sole risk, Producter do not warrant the Producter App will be uninterrupted or error free Producter do not make any warranty as to the results that may be obtained from use of the Producter App, nor as to the accuracy, reliability or content of any information, service, or merchandise provided through the Producter App. The Producter App is provided on an “as is” basis without any warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to these terms. 7. LIMITATION OF LIABILITY
To the fullest extent permissible by applicable law, in no event shall the Producter be liable to Subscriber for any lost profits, cost of substitute goods or services, loss of data, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the Producter App or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the Producter App, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the Producter App. Subscriber agrees that this limitation of liability applies whether such allegations are for breach of contract, tortious behavior, negligence, or fall under any other cause of action, regardless of the basis upon which liability is claimed and even if the Producter or future parent or affiliated companies have been advised of the possibility of such loss or damage. Without limiting the generality of the foregoing, Subscriber also specifically acknowledges that the Producter or future parent or affiliated companies are not liable for any actual or alleged defamatory, offensive, or illegal conduct of other users of the Producter App or any other third parties. Producter disclaims that any and all liability of any kind for any unauthorized access to Subscribers’ use of your personally identifiable information. By accessing the Producter App, Subscriber acknowledges and agrees to Producters’ disclaimer of any such liability. It is advised that If the Subscriber does not agree with the terms of Producter, Subscriber should not access or use the Producter App. 8. INDEMNIFICATION
Subscriber knows that he or she is sole responsible by the usage of the Producter App. In this respect, Subscriber agrees that to indemnify and hold harmless the Producter against all claims and expenses arised from third parties demands. Producter reserves the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, Subscriber shall provide assistance as is reasonably requested by Producter. 9. TERMINATION
Producter has the right to amend, terminate or suspend these Terms at any time without the liability of noticing to Subscriber. In it’s sole discretion, Producter have the right to terminate the access of the Subscriber to the Producter App, in the event of the any breach these Terms by the Subscriber. 10. GOVERNING LAW, JURISDICTION
Turkish Law shall be applicable to the resolution of disputes which may arise between the parties, and the parties shall use efforts to resolve their disputes firstly through good faith negotiations. In case such negotiations remain inconclusive, Istanbul Anatolian Courts and Execution Offices shall have jurisdiction in the settlement thereof. 11. CONTRACT LANGUAGE
In case of discrepancy between language of the texts, the English version shall prevail. 12. INTELLECTUAL PROPERTY
All of the contents (such as, texts, graphics, photographs, user interfaces, musics, sounds, videos, trademarks, logos, icons, artworks, software, codes etc.) and the form of these contents presentations that are presented on the Producter App are owned by or licensed by Producter. Such Content is protected by copyright, trademark, trade dress and various other intellectual property and unfair competition laws. Subscriber may not copy, distribute, reproduce, mirror, frame, publicly display, publicly perform, translate, create derivative works of, re-publish or transmit the Producter App or contents presented (in whole or in part) in any way or through any medium for distribution, publication or any commercial purpose without the written permission of the Producter or as permitted by applicable laws. The intellectual property rights on the records, transactions, information, documents and reports existing in the physical or digital environment to be created during the usage of the Producter App shall belong to the Subscriber, without prejudice to the intellectual property rights on the software used therefor. Subscriber acknowledges and declares in advance that the intellectual property rights on all kinds of software, applications and codes produced by Producter for the performance of the Producter App belong to Producter. 13. WAIVER
No failure or delay by the Producter to demand compliance with a condition arising from Agreement, or the non-exercise or delay in exercising of any contractual right or legal remedy arising herefrom, shall operate as a waiver of such right or legal remedy or of other rights or legal means. No conclusion of waiver may be reached unless the relevant party expressly waives such rights provided thereto. Producter’s waiver of any right or legal remedy is limited only to the particular situation and event. 14. SEVERABILITY
In the event that any part of the Agreement is deemed illegal or invalid, such illegality or invalidity shall not affect the other provisions of the Agreement which shall continue to be valid and binding on the parties. 15. MISCELLANEOUS
These Terms and any rules designated by the Producter for the Producter App constitute the entire agreement (Agreement) between the parties with respect to the subject matter hereof and supersede all previous written or oral Agreements between the parties with respect to such subject matter.