TERMS OF SERVICE

INTRODUCTION

Welcome to Bitividi! (the “Platform”)

We are Bitividi Medya Iletisim Anonim Sirketi a company formed in Turkey and operating under the laws of the Republic of Turkey. We provide the [please insert the platforms] platforms (collectively “Bitividi,” “we” or “us”).

Thank you for using Bitividi and our related products, features, services, applications and websites (the “Services”).

The Services allow you to watch videos and other content provided by Bitividi and users. We work as the Platform to distribute our and your content. We are also a platform for all kinds of advertisers. You can find out about how to use our platform from our Help Center (hyperlink it).

You are now reading the Terms of Services (the “Terms”) which govern the relationship between you and us. For purposes of the Terms and the rules and policies related to it, “you” and “your” means you as the user of the Services. If you are accessing the Services on the name of a business entity, government or other legal entity then “you” and “your” will also include the business entity, government or other legal entity and you confirm that you are the authorized representative for the entity and that the entity is legally and financially responsible for your or any other employee, agent or contractor’s access or use of the Services.

By accessing or using our Services, you confirm that you are also subject to our Privacy Policy, Cookies Policy, Intellectual Property Policy and Community Policy, the terms of which can be accessed directly on the Platform and in the Terms.

Here, we have laid out all of the terms and conditions by which you may access and use the Platform. In order to use the Services, you have to agree with the Terms. This also means that anyone who uses the Services will be assumed to have accepted the Terms.

Please take time to read ALL OF the following Terms and rules and policies carefully as they are a legally binding agreement between you and us. If you do not agree or understand any part of it, you may not use the Services.

APPLICABLE TERMS

Your use of the Services is subject to these Terms, including all rules and policies that has been or will be set out by Bitividi. It is your responsibility to check if any changes are made to these aforementioned Terms and rules and policies. Your continued access or use of the Services after the date of new terms will constitute your acceptance of the new terms. It is not possible for you to claim that you have not seen or read the Terms and rules and policies.

In order to use the Services, you have to understand, comply and/or agree to carry out all of the rules set out.

WHO MAY USE THE SERVICES?

You may use the Services only if you agree to form a binding contract with Bitividi and are not a person barred from receiving services under the laws of the applicable jurisdiction.

In any case, if you are below 18, you may not use the Services without the consent of your parent or legal guardian.

If you are using the Services on behalf of a business entity, government or other legal entity you confirm that you have authority to act on behalf of that entity and that the entity has understood and accepted the Terms and related rules and policies.

REFRAINING FROM CERTAIN ACTIVITIES

When you are accessing or using our Services, you must always be in compliance with the Terms and related rules and policies along with all applicable law and regulations.

You must refrain from:

Accessing or using the Services if you are not fully able and competent to agree to the Terms, or your parent or legal guardian does not authorize your use of the Services (please refer to the section ‘Who May Use The Services’ above).

Using the Services in such a way that would go against the nature and purpose of the Services and that may create a conflict of interest.

Accessing, reproducing, downloading, distributing, transmitting, broadcasting, displaying, selling, licensing, altering, modifying or otherwise using any part of the Service or any Content, unless it was expressly allowed by the Services and/or prior written permission was given by Bitividi and/or permitted by applicable law.

Sharing any material or taking any action that might be discriminatory or racist in nature or any material that might be seen as trolling and bullying. For example, you may not discriminate on the basis of race, religion, sexuality, gender, disability or age and etc.

Sharing any material or taking any action that might directly or indirectly cause a criminal offence, or dangerous activities including any material that contains any kind of threats.

Sharing any material or taking any action that would be seen as harassment, violence, discrimination on any basis or that would be seen as promoting sexually explicit material.

Using or attempting to use the account of another person, service or system without their permission or without our authorization.

Creating a false identity on the Services either by impersonating or misrepresenting any person or entity. This includes misrepresenting your affiliation with any person or entity as well.

Distributing licensing, transferring or selling any of the Services (in whole or in part) or any derivative work (in whole or in part).

Sharing the private and/or personal information of third parties including but not limited to addresses, phone numbers, e-mail addresses, numbers and features in the personal identity document or credit card number.

Making unauthorized copies, modifying, adapting, translating, reverse engineering, disassembling, decompiling or creating any derivative works of the Services or any portion thereof or determining or attempting to determine any source code, algorithms or methods embodied by the Services or any related works.

Sharing or using any material or taking any action which does now or may in the future infringe any copyright, trademark or other intellectual property or privacy rights of third parties.

Marketing, renting or leasing the Services for a charge or using the Services to advertise or for commercial solicitation.

Using the Services to view Content for any use other than non-commercial and/or personal use.

Using the Services to sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Services or where the Services are the basis for such sales.

Disrupting our website or any other network related to us or bypass our access restrictions.

Altering or attempting to alter the proper working of the Services.

Using automated scripts to collect information from the Services or to interact with it.

Using the Services to upload, transmit, distribute, store or in any way make available files that contain viruses, trojans, worms, logic bombs or any other material that is viewed as harmful.

Any advertising not allowed by us in the Terms and rules and policies related to it, including but not limited to solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” is forbidden.

Sharing material or taking any action which is defamatory of any person or infringes upon any persons right to privacy including any material that may be obscene, offensive, pornographic, hateful or inflammatory.

Sharing any answers or comments of any kind if you are not properly licensed/qualified to do so.

Taking any action that affects the use of the Services for any other person, harms them or is disagreeable in our judgment.

Incorporating the Services or any portion thereof into any other program or product in any way.

We reserve the right at any time and without prior notice to remove or disable access to Content, terminate accounts or limit access to the Services at our discretion for any or no reason. Reasons may include but are not limited to violating the Terms or any other rules and policies related to it or engaging in an act that may be harmful to the Service or other users.

At any given time, you must always abide by the Terms and the rules and policies related to it. In addition, your actions must comply with the Community Policy (hyperlink) as well.

PASSWORD SECURITY

You are responsible from safeguarding your account and password. We advise you to use a strong password and to keep it confidential.

We cannot and will not be liable for any loss or damage arising from your failure to comply with the abovementioned advice.

If you are aware of or you suspect that a third party may have knowledge of your password or account details, please promptly contact [insert contact info].

BITIVIDI CONTENT

The Services include content in the form of videos, audio, graphics, photos, text, branding, interactive features, software, metrics and other materials provided by Bitividi (hereinafter referred to as “Content”).

The intellectual property of all the Content found in the Services, including but not limited to the right to sell, license, copy, transfer and/or promote is the sole right of Bitividi. Any right related to intellectual property and Content which is not expressly provided here is also reserved to Bitividi.

Use of the Content or materials that are found on the Services in any way not permitted in the Terms or the rules and policies related to it, is strictly prohibited. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any commercial and business purpose whatsoever without our prior written consent.

You can re-use or re-distribute the Content made available to you through the Services only for personal and non-commercial use, with the limitation that you provide proper credit or the hyperlink or URL to the Platform WITHOUT MAKING ANY CHANGES IN THE CONTENT.

Content found in the Services may be related to topics such as medical, legal or financial issues, which are professional topics. This Content is NOT professional advice and is generated only for general information purposes.

You understand and agree that we may generate revenues, increase goodwill or value from your use of the Services. This includes but is not limited to advertisements, sponsorships, promotions, data usage and/or gifts. You understand and accept that you will have no right to share in any such revenue, goodwill or value whatsoever. You further understand and accept that unless expressly permitted by us in the Terms or rules and policies related to it, you do not have the right to receive income or consideration from Content or your use of any Content found in the Services.

By accepting the Terms and rules and policies related to it, you are granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable and worldwide license to access the Services and use it subject to the Terms and rules and policies related to it. You may access the Services in any permitted way from a permitted device. Keep in mind that you can access the Services and Content only for your personal and non-commercial use.

We, as Bitividi, reserve all rights not expressly granted to you in the Terms and rules and policies related to it. You also understand and accept that Bitividi may take away this license at any time for any or no reason.

Bitividi does not make any representation, warranty or guarantee that any Content made available to you on or through the Services is accurate and complete. Any link to other web sources provided by third parties shall not be interpreted as approval by us.

USER-GENERATED CONTENT

Service User’s may be allowed to upload, post, transmit or generate content within the Services. These include, text, photograph, video, voice recordings, music works within videos (“User Content”). Any User Content will be

The information and materials in the User Content, will be verified or approved by us. The views expressed by other users on the Services do not represent our views or values.

Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, even if you do this via third party social media platforms or interact with other users of the Services, you must comply with the standards set out at “Refraining From Certain Activities” above. However, if you decide to share User Content on other platforms, then you must comply with both our and their guidelines regarding content posted by you. Keep in mind that not all users may have these features and we have no responsibility or liability for limiting such features.

As a user, you warrant that User Content made available by you will comply with our standards and guidelines and you may be liable to us in cases where you breach such warranty. In other words, you will be responsible if we have any loss or damage due your breach.

Please do not make available any User Content that is confidential and proprietary since any User Content will be non-confidential and non-proprietary. When you make available User Content, you agree and warrant that such content is your own property or that you have the proper permission, license, authorization by the owner of the content you make available through the Services or content you transmit to third party platforms. This means that User Content should not be in breach of intellectual property rights of third parties.

By submitting User Content through the Services, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide license to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorize other users of the Services and other third parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any service/platform wither now know or hereinafter invented. You will also be the owner of your content with us.

You also grant us a royalty-free license to use your name, image, voice and likeness to identify you as the source of any of your User Content. However, this may be subject to restrictions, such as age.

To further explain and avoid any doubt, the preceding paragraphs say that you give us the right to use your User Content without paying any royalty to you or to any third party (such as a sound recording copyright owner, a music work copyright owner, any union, engineer, producer or other royalty participants).

Keep in mind that any third party service will also not have separate liability to you or any third party for User Content that you post on those platforms through the Services.

Waiver of Rights

When you post User Content you waive any rights to prior inspection or approval of any marketing or promotional materials related the User Content.

You also accept that any and all rights regarding privacy, publicity or any other right in similar nature are waived with regards to your User Content.

You also waive moral rights that you may have with regards to your User Content.

You accept that we can disclose your identity to third parties that claim an infringement on their intellectual property rights and/or privacy rights in relation to your account or User Content. Keep in mind that you should comply with the rules set forward in Copyright Policy. (hyperlinkli)

We and any authorized third party reserves the right to edit or change in anyway or refuse to publish your User Content on our or their sole discretion. We may remove, block or delete any User Content you make available if we find that it is in violation of our standards, such as the standards set out at “Refraining From Certain Activities” above or these Terms. We may remove, block or delete User Content if we receive complaints from other users or third parties. Keep in mind that we do not have the obligation to notify you in such cases, therefore, if you would like to have a copy of your User Content in case it gets removed, blocked or deleted, keep a copy of it on your device/s as well.

You can adjust your profile settings to make your User Content public or not. You can find these in the Privacy setting within the Platform.

We accept no liability in respect of any content submitted by users and published by us or by authorized third parties.

If you wish to file a complaint about information or materials uploaded by other users, contact us at: [email protected]

Bitividi will take action against infringing material, and it is our policy and in our discretion to disable or terminate accounts that repeatedly violate these Terms or any policy related to it.

INTELLECTUAL PROPERTY RIGHTS

As Bitividi we never want to infringe anyone’s intellectual property rights and we want you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Intellectual Property Policy. (hyperlink it)

Reservation

If there are any rights that we have not granted to you in the Terms, this means that it remains the right of Bitividi or the respective right holders. It is important that you understand that using the Services does NOT give you ownership of any intellectual property rights in the content you access including but not limited to any branding used on or displayed in the Platform and Services.

Infringement Notices

Bitividi will be hosting many contents and our primary goal is to make the Content re-usable by others, therefore we want to make sure that there will not be any liability concerns or that proprietary rights will not be infringed.

If your copyright is being infringed by the improper use of a material owned by you, you can make request with us for the Content or the material to be removed. You can make a request by sending a notice to us at [email protected] or mail to us from the address Esentepe Mahallesi, Villa Caddesi NO: 7/3 Şişli/İstanbul/TURKEY. Once we receive your notice, we can ask you further questions or require you to send evidence that you are the copyright owner. If we find that there is a copyright infringement, we will take down the Content. Please check our Copyright Policy for further information.

We will try to be very quick to sort out your concerns as we value your rights.

PRIVACY

Our Privacy Policy explains how we treat your information provided by you in order for you to access our Services. By accepting these Terms and rules and policies related to it, you also agree that you give consent to the gathering and use of this information through your use of the Services as stated in the Privacy Policy. This consent also includes the transfer of your information to United States, Turkey and/or other countries for the purpose of storage, distribution and operation by Bitividi and its partners, subsidiaries and other affiliates.

INDEMNITY

Bitividi generally may not offer any protection, guarantee, immunity or indemnification, but by these Terms, you consent that you defend, indemnify, hold harmless Bitividi and all its affiliates, parents, subsidiaries, partners, including all of their officials, administrators, members of staff, representatives and counselors from any and all claims, accountabilities, responsibilities, costs and expenses, appeared in a circumstance of a contravention by you or any user of your account of these Terms or infringement of your duties and warranties subject to these Terms.

WARRANTIES

We offer the Services with sensible consideration and expertise. Bitividi has made every attempt to make certain the accuracy and reliability of the information provided on this Platform.

Disclaimer of warranties

The Service is provided on an “as is” basis, and we disclaim all warranties of any kind, unless otherwise specified in writing. Bitividi does not and will not accept any responsibility or liability for the accuracy, content, completeness, legality, or reliability of the Services.

You agree that to the full extent permissible by applicable law, Bitividi disclaims all warranties, representations and/or promises of any kind, expressed or implied, are given as to the nature, standard, accuracy or else of the information provided in this Platform or to the suitability or otherwise of the information to your specific situation, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You clearly approve that your use of the Services is at your own risk and discretion and you are solely responsible for any damage it causes to you, your computer system or your data that results from the download or access to the Services.

Bitividi does not represent and warrant you that, your use of the Services will not be suspended or interrupted, protected and free from inaccuracy; the information from the Services will be dependable, factual or error-free; the use of the Services by you will match with the requirements you seek; the Services will be timely and or your information will be secure.

Bitividi has the right to change, suspend, withdraw, limit or restrict the availability of all or any part of the Platform for any reasons, at any time without notice.

LIMITATION OF LIABILITY

Here we will limit our liability in certain cases, however this, in no way, means that we limit our liability for losses which may not be excluded or limited according to the applicable law. Such liabilities include liability for death or personal injury due to our or our employee’s, agents or subcontractors’ negligence and liability for fraud or fraudulent misrepresentation.

With the above paragraph in mind, we shall not be liable for any loss of profit, goodwill and/or opportunity, any loss of your data or any profit loss either indirect or consequential. Any other loss, if any, shall be limited to the amount paid by you to Bitividi in the last 12 months.

We shall not be liable for loss or damage by your reliance in any way on advertising or loss or damage as a result of any relationship between you and the advertiser or sponsor appearing on the Services.

We shall not be liable for loss or damage due to the changes we make in the Services.

We shall not be liable for loss or damage caused by the corruption of any content and communications data or failure of its storage that has been maintained through usage of the Services.

We shall not be liable for loss or damage if you fail to submit accurate information to us.

We shall not be liable for loss or damage if you fail to keep your password or account details safe and confidential.

Keep in mind that the Platform is only for domestic and private use. You understand and agree to not use the Platform for commercial purposes. In the case that you do, we will not be liable for any type of loss (for example loss of opportunity, goodwill, reputation, business and/or profit).

The Services may contain bugs or viruses and we do not guarantee that the Service will be free and secure from them. You are the one responsible for taking care of your technology tools and programs while accessing the Services. We advise that you have a working and updated virus protection software.

Even if we should have been aware or were advised that any loss could have occurred, these limitations of liability to you shall still apply.

If there are any mobile charges that apply while using our service (for example data charges), you are responsible for them. If you want more information regarding these charges, you should contact your service provider.

To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including but not limited to, any carrier, copyright owner or other user, is directly between you and such third party. By accepting these Terms and rules and policies related to it, you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

ACCOUNT SUSPENSION AND TERMINATION

If you wish, you can stop accessing and using the Services at any time.

Bitividi can suspend or terminate your account or limit the access of your account to all or part of the Services. We may or may not give prior notice in doing this and we can suspend or terminate your account for any reason or no reason. If we do rely on a reason it may be for your breach of these Terms or rules and policies related to it, it may be to follow a legal requirement or court order or it may be for our reasonable belief that your conduct harms any user, third party or us. Keep in mind that the reasons are not limited with these and the above are only examples.

In the event that your account is terminated or suspended, you may still access the Services for viewing without an account. In such use, the Terms and rules and policies related to it shall remain in effect.

If your account has been terminated, suspended or restricted and you believe there was an error, please contact [email protected]

SOFTWARE

Downloadable Software

The Services may include downloadable software and in such case, you allow (also if your device settings are set to do so) such software to update automatically when and if a new version is available. Unless there are other terms that limit your use and access, you will have a personal, world-wide, non-assignable, non-exclusive and royalty-free license to use the software subject to the Terms and rules and policies related to it. This does not mean you can copy, modify, distribute, sell and/or lease the software. You are not allowed to take such actions. You cannot disrupt the software or reverse engineer the software.

Open Source

The Platform contains certain open source software. Each item of open source software may have different license terms, which can be find at Open Source Policy. (hyperlink)

OTHER TERMS

Entire agreement

The Terms and the related rules and policies constitute the whole legal agreement between you and us and govern your use of the Services and completely replace any prior agreements between you and Bitividi in relation to the Services.

Modifying/Updating this Agreement

From time to time we may change the Terms or any other rule or policy related to it to provide you with better service and functionality. We will use commercially acceptable efforts to generally notify all users of any material changes to the Terms. For example, we may give you a notice through the Platform, but you should look at the Terms regularly to check for such changes.

If you do not agree to the new terms, you must stop accessing or using the Services.

Links

You can link to our homepage but only in a fair and legal way and if you do not damage or take advantage of our reputation. You are not allowed to link us in a way that would suggest an association, approval or endorsement on our part if it does not exist. You cannot establish a link to the Services if you are not the owner of the website you do so in. The website in which you are linking must comply in all respects with the content standards set out at “Bitividi Content” above. We reserve the right to withdraw linking permission without notice.

Third-Party Links

The Services may have links to third-party websites and online services that are not owned by us. Bitividi does not have any control over these websites and online services and we assume no responsibility for such websites and online services. If you leave the Platform, be sure to read the terms and policies of each third-party.

Continuation

When, and if, your use of the Service terminates, “Other Terms”, “Intellectual Property Rights”, “Warranties”, “Limitation of Liability” found in these Terms will continue to apply to you.

No Waiver

If you do not comply with this Agreement and we do not take action immediately, this doesn’t mean that we are giving up any rights that we may have (such as right to take action in the future).

Severability

If, in the future, any court of law or any other authority having jurisdiction on the matter rules that one or multiple of the Terms, rules and policies are invalid, then only that provision(s) will be removed from the Terms, rules or policies and the rest of it will remain and the Terms, rules or policies will continue to be valid and enforceable.

Unsolicited Material

We are open to receiving your feedback and suggestions any time. Keep in mind that we can use them with no restriction or no obligation to compensate you for it. We also have no responsibility to keep it confidential.

Assignment

This agreement consisting of the Terms and rules and policies related to it only applies to you and us and does not give rights to any third party. Your rights or obligations under this agreement cannot be assigned to any third party. However, we may assign our rights and obligations in cases including but not limited to merger & acquisition or sale of assets.

Governing Law

The Terms and the rules and policies related to it, and your relationship with Bitividi under this Agreement, shall be governed by Turkish Law, and legal disputes may be brought in the courts of Republic of Turkey.

FEEDBACKS

Your interests, feedback, comments and suggestions (collectively “Suggestions”) are very important to us, . Should you desire to give us Suggestions, the following terms apply:

  • We have no obligation to review, consider or implement your Suggestion or to return to you
  • We have no obligation to keep your Suggestions confidential or to not disclose it
  • By sending Suggestions you irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit Suggestions and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Suggestions, whether in whole or in part, and whether as provided or as modified.
APPLICATION STORES TERMS

To the fullest extent allowed by the applicable law, the following App Store terms shall apply:

Apple App Store

If you are accessing the Platform through a device made by Apple, Inc. (hereinafter referred to as “Apple”) you understand and agree that the Terms and the rules and policies related to it are between you and us as Bitividi only. Apple is not a party to the Terms and rules and policies related to it. You further acknowledge that the Services and the Platform are not related with Apple and therefore has no obligation for maintenance or support regarding the Platform. Apple has no other warranty obligation (to the extent permitted by law) other than to refund the purchase price of the Platform, if any, in the event where the Platform cannot provide its applicable warranties.

You understand and accept that we give you the license to download the Platform on your Apple device or devices only for personal and non-commercial use. You agree that you must comply with the Usage Rules found in Apple’s App Store Terms of Services. You further acknowledge and agree that the license you have to download is non-transferable, non-exclusive and personal.

Apple is not the party to be liable for claims related to the Platform or use of the Platform. This includes cases where yours or any third party’s intellectual property rights are infringed.

You understand that Apple and its subsidiaries are a third-party beneficiary to the Terms and rules and policies related to it. This means that Apple and its subsidiaries will hold the right to enforce the Terms and rules and policies related to it against you with its title as a third-party beneficiary.

We as Bitividi allow the use of the Platform by multiple users through Family Sharing or a similar function of Apple.

If you are having any trouble downloading the Platform from the Apple Store, please contact Apple.

Google Play

If you download the Platform from Google Play by Google Inc. or its affiliates, you consent that, the Google Play Terms (which means Google Play Terms of Services, Google Play Business and Google Play Program Policies) or such other terms you already have agreed as default end user license terms for Google Play and other terms in this specific Terms and Google Play Terms apply with respect to your use of the Services, where Google Play does not have any responsibility or liability in a case where Bitividi, your or any other users’ compliance or non-compliance occur under the terms of both Bitividi and Google Play.

If you are having any trouble downloading the Platform from Google Play, please contact Google.

The Terms and related policies and rules have versions in certain different languages as well. We tried to make the other versions as accurate as possible, however be aware that if there are any differences in interpretation and/or meaning, the English version will be the primary source.