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Terms of Use

Welcome to www.byownerturkey.com (“By Owner Turkey”). Thanks for stopping by. These Terms of Use, the Privacy Policy, the Mobile Devices Terms and all policies posted on our site set out the terms on which we offer you access to and use of our site, services, applications and tools (collectively “Services”). You can find an overview of our policies here. All policies, the Mobile Devices Terms, and the Privacy Policy are incorporated into these Terms of Use. You agree to comply with all the above when accessing or using our Services.

Your Account. In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”). The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess.

You may connect to the Services with a third-party service and you give us permission to access, store, and use your information from that service as permitted by that service and as may be described in our Privacy Policy. If you believe your Account may have been compromised or misused, contact us immediately.

Using By Owner Turkey Services. You will post in the appropriate category or area and will not do any of the following bad things:

  • violate any laws or our Prohibited Content Policy;
  • be false or misleading;
  • infringe any third-party right;
  • distribute or contain spam, chain letters, or pyramid schemes;
  • distribute viruses or any other technologies that may harm By Owner Turkey or the interests or property of By Owner Turkey users;
  • impose an unreasonable load on our infrastructure or interfere with the proper working of the By Owner Turkey;
  • copy, modify, or distribute any other person’s content;
  • use any robot, spider, scraper or other automated means to access By Owner Turkey and collect content for any purpose without our express written permission;
  • harvest or otherwise collect information about others, including email addresses, without their consent;
  • bypass measures used to prevent or restrict access to By Owner Turkey.

 

Abusing By Owner Turkey Services. Please use the flagging system to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off By Owner Turkey if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off  By Owner Turkey or not, we do not accept any liability for monitoring By Owner Turkey or for unauthorized or unlawful content on By Owner Turkey or use of  By Owner Turkey by users.

 

 

Fees and Services. Using By Owner Turkey (www.byownerturkey.com)   Services is generally free for individuals. We may charge fees for certain Services. If the service you use charges a fee, you will be able to review and accept that charge. Our fees are quoted in Turkish Liras, and we may change them from time to time. We will notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they’re due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms (for accounts over 180 days past due, you permit us to instruct PayPal to deduct the amount owed from your PayPal account balance).

You are solely responsible to collect and remit any applicable taxes resulting from the sale of your items or services listed on By Owner Turkey (www.byownerturkey.com) .

 

Content.  By Owner Turkey Services contains stuff from us, you, and other users. You agree not to copy, modify, or distribute By Owner Turkey (www.byownerturkey.com) Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify By Owner Turkey (www.byownerturkey.com) and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.

Reporting Intellectual Property Infringements Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We reserve the right to remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. The following steps are for reporting a listing to By Owner Turkey that you believe to be infringing on your intellectual property rights. If you have a good faith belief that a listing on any of the By Owner Turkey (www.byownerturkey.com)  Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is contact us.

 

 

 

Disclaimers and Limitations of Liability. The By Owner Turkey (www.byownerturkey.com) Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers such as PayPal  (each a “Third Party Payment Processor”.  For greater certainty, as applicable, if you link a Third Party Payment Processor account to your By Owner Turkey Account, you acknowledge and agree that by making payments through By Owner Turkey with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the By Owner Turkey (www.byownerturkey.com) Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of By Owner Turkey (www.byownerturkey.com) , even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

 

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) 100 Turkish Liras

 Indemnification. You will indemnify and hold harmless By Owner Turkey ((www.byownerturkey.com) and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the By Owner Turkey (www.byownerturkey.com) Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
Personal Information. By using By Owner Turkey (www.byownerturkey.com) Services, you agree to the collection, transfer, storage and use of your personal information by By Owner Turkey -www.byownerturkey.com (the “data controller”) on our servers as further described in our privacy policy.

 

General. These terms and the other policies posted on By Owner Turkey (www.byownerturkey.com) Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of Turkey.

 

Mobile Devices Terms
If you’re accessing By Owner Turkey (www.byownerturkey.com) Services from a mobile device using a By Owner Turkey (www.byownerturkey.com) Mobile Application (the “Application”), the following terms and conditions (“Terms of Use”) apply to you in addition to the applicable Mobile Privacy and Legal Notice or End User License Agreement, as the case may be your use of the Application confirms your agreement to these Terms of Use.

Application Use. By Owner Turkey (www.byownerturkey.com) grants you the right to use the Application only for your personal use. You must comply with all applicable laws and third-party terms of agreement when using the Application (e.g. your wireless data service agreement). The Application may not contain the same functionality available on the www.byownerturkey.com website.  Your download and use of the Application is at your own discretion and risk, and you are solely responsible for any damages to your hardware device(s) or loss of data that results from the download or use of the Application.

Intellectual Property – Applications. By Owner Turkey (www.byownerturkey.com) owns, or is the licensee to, all right, title, and interest in and to its Applications, including all rights under patent, copyright, trade secret, trademark, and any and all other proprietary rights, including all applications, renewals, extensions, and restorations thereof. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble, or otherwise attempt to derive source code from any Application and you will not remove, obscure, or alter By Owner Turkey ‘s (www.byownerturkey.com) copyright notice, trademarks or other proprietary rights notices affixed to, contained within, or accessed in conjunction with or by any By Owner Turkey (www.byownerturkey.com) Application.

Additional Terms. Additional terms and conditions that apply to you based on the mobile device the Application is installed on:

iOS – Apple

  1. These Terms of Use are an agreement between you and By Owner Turkey (www.byownerturkey.com) , and not with Apple. Apple is not responsible for the Application and the content thereof.
  2.  By Owner Turkey (www.byownerturkey.com) grants you the right to use the Application only on an iOS product that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service.
  3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
  4. Apple is not responsible for the investigation, defense, settlement, and discharge of any third party intellectual property infringement claim.
  5. Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
  6. In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application.
  7. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms of Use, and, upon your acceptance, Apple as a third-party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you.

 

 

Windows – Microsoft

  1. These Terms of Use are an agreement between you and By Owner Turkey(www.byownerturkey.com) , not Microsoft. The terms of use and privacy policies of Microsoft and, where applicable, the network operators that provide billing services for the Windows Phone Marketplace do not apply to your use of the Application.
  2. You may install and use one (1) copy of the Application on up to five (5) devices you personally own or control and which are affiliated with the Windows Live ID associated with your Windows Marketplace account. You may not install or use a copy of the Application on a device you do not own or control.
  3. Microsoft, your device manufacturer, and (if applicable) your wireless carrier are not responsible for providing support services for the Application.
  4. Microsoft, the wireless carriers over whose network the Application is distributed (if applicable), and each of their respective affiliates and suppliers (collectively, “Disclaiming Distributors”) give no express warranty, guarantee, or conditions under or in relation to the Application. To the extent permitted under your local laws, the Disclaiming Distributors exclude any implied warranties or conditions, including those of merchantability, fitness for a particular purpose, and non-infringement.
  5. You, and not the Disclaiming Distributors, bear the risk of using the Application (even if the Disclaiming Distributors have been advised of the possibility of damages to you). You may have additional consumer rights under your local laws which these Terms of Use cannot change.
  6. To the extent not prohibited by law, you will not seek to recover any consequential, lost profit, special, indirect, or incidental damages from any Disclaiming Distributor.
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