ARTICLE 1: The purpose of this agreement is to determine the terms and conditions which the use of the website is subject to and to ensure its binding power and enforceability between www.elsisan.com (hereinafter referred to as the WEBSITE) on one hand and on the other hand the user of the WEBSITE (hereinafter referred to as USER).
PROVISIONS CONCERNING THE USE OF SITE
A. The USER cannot download, copy, reproduce, publish any of the written and visual content of the WEBSITE on its own and/or on anyone else's website or any other media for commercial purposes. In the event of any damage to the WEBSITE due to the USER’s failure to comply with this obligation, the USER accepts, declares and undertakes to compensate these damages at the first request of the WEBSITE without the need for any notice.
B. Images, video images and other written or visual content on the WEBSITE cannot be published for commercial purposes in another website, a link cannot be provided without permission. In the event of any damage to the WEBSITE due to the USER’s failure to comply with this obligation, the USER accepts, declares and undertakes to compensate these damages at the first request of the WEBSITE without the need for any notice
C. The WEBSITE or its contents cannot be embedded in frames, iframes, etc. of any other website.
D. The USER agrees that the downloadable files of the WEBSITE are not warranted to be free from viruses, trojan horses or any other malicious or damaging codes or materials. It is the USER's responsibility to completely cover, maintain and update all software and hardware requirements for the prevention of such malicious and damaging codes or materials, the correctness of data input and output, or the recovery of any missing data. The WEBSITE is not responsible for any damages the USER or third parties may suffer from such malicious code or materials, data errors or losses.
E. The USER agrees to assume all responsibility and risk arising from the use of the WEBSITE. The WEBSITE provides all elements including the site and its content "AS IS" without warranty of any kind, either express or implied, in relation to the services, information and site content provided via the website or about the website. It is solely the responsibility of the USER to evaluate the accuracy, completeness, and usefulness of all thoughts, recommendations, services or other information and material provided through the WEBSITE.
F. The USER agrees not to do the following in connection with the use of the site:
Not to violate any of the laws of Republic of Turkey, international conventions, any other state's laws or any conventions which the Republic of Turkey is party to, not to violate other international agreements and the laws of other countries by using abusive, tortious, defamatory, vulgar, obscene or otherwise misrepresented harmful, threatening content, or not to transmit any messages, information, data, text, software or images or any other kind of material that may violate the privacy rights of another person or otherwise require legal and criminal liability of the USER,
Not to represent, including but not limited to, the owner(s) and officials of this WEBSITE, any person or entity to third parties or express involvement with this person or entities which may be misleading and create confusion in the public.
G. The WEBSITE is not the object of any legal or criminal proceedings arising out of the use of the WEBSITE. The WEBSITE shall not be directly or indirectly liable for any damages, costs, expenses and any other claims arising from the actions of USERS or third parties.
H. If the USER does not comply with the obligations under this agreement, the USER agrees and undertakes to pay the owner of the WEBSITE, Elsisan Makine Sanayi Ticaret A.Ş., a $100.000 (hundred thousand dollars) for each violation and that this is not an unreasonable penalty and will not file for action for reduction with the courts.
LIMITATIONS ON THE WEBSITE’S LIABILITY
ARTICLE 3: The WEBSITE will not be liable under any of the following circumstances:
A. Any damages arising from the use or non-use of the WEBSITE or from any process, service, information, data, or any other material provided or downloaded through the WEBSITE, or from any incidental, consequential, or indirect damages (including, but not limited to damages due to loss of profits, interruption of business, loss of programs or information), even if the WEBSITE or its authorized representatives are notified.
B. WEBSITE shall not be held responsible for errors, skips or other defects and/or any demands due to the material or information downloaded through the WEBSITE.
C. The USER is responsible for the proper functioning, maintenance, updating, as well as all charges, taxes and all other monetary liability for equipment necessary to access and the use of the WEBSITE, including all telephone, computer hardware, internet and computer security. The USER is completely responsible for all kinds of damages, lawsuits and claims that the USER may suffer due to noncompliance with this obligation.
D. If there is a breach of any provision of this agreement due to access to the WEBSITE and use of the WEBSITE, the USER is liable for all losses, expenses, damages and costs, including legal fees and attorney’s fees and expenses arising from this infringement. WEBSITE shall not be held responsible for these mentioned issues.
E. In case of a judgment of the judicial authority or if the WEBSITE considers it necessary, the WEBSITE reserves the right to disclose current or past USER or WEBSITE information in the event that the USER's account is found to be used for illegal acts or there is convincing evidence to justify it.
F. Provisions regarding the use of the site and damages, the employees of the WEBSITE, representatives, licensors, sponsors may also allege on their behalf against the USER.
SPECIAL WARNING FOR INTERNATIONAL USE
ARTICLE 4: Being aware of the global nature of the Internet, USER agrees to comply with all local laws and other regulations including but not limited to, the internet, data, electronic mail, or privacy-related rules. USER especially agrees to abide by the laws and other regulations in the country of residence of the USER or in Turkey.
ARTICLE 5: The laws and regulations of the Republic of Turkey shall be valid in the resolution of disputes between the contractual parties, implementation of the whole or part of the agreement and its interpretation. The Parties accept this unconditionally.
Bursa courts and enforcement offices shall be authorized to settle disputes between the parties arising from this agreement.
A. The failure of the WEBSITE to request the implementation of any of the articles in this agreement does not imply that it has waived any provision or right.
B. Neither the behavior of the parties nor the commercial practices and customs shall play any role for any of the provisions of this agreement to be changed -without prejudice to the right of the WEBSITE to change the agreement.
Hereby this agreement consisting of 6 items has been made between USER and WEBSITE and shall maintain its validity as long as the USER uses the site.