13. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while
you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF
THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE
DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND
USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES),
TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY,
OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY
APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you
are prohibited from registering and creating a new account
under your name, a fake or borrowed name, or the name of any
third party, even if you may be acting on behalf of the
third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal
action, including without limitation pursuing civil,
criminal, and injunctive redress.
14. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Services at any time or for any reason at
our sole discretion without notice. However, we have no
obligation to update any information on our Services. We will not be liable to you
or any third party for any modification, price change, suspension,
or discontinuance of the Services.
We cannot guarantee the Services will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or
for any reason without notice to you. You agree that we have
no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use the
Services during any downtime or discontinuance of the
Services. Nothing in these Legal Terms will be construed to
obligate us to maintain and support the Services or to
supply any corrections, updates, or releases in connection
therewith.
15. GOVERNING LAW
These Legal Terms shall be governed by and defined
following the laws of Turkey. oneshotcam app and
yourself irrevocably consent that the courts of Turkey shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these Legal Terms.
16. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute,
controversy, or claim related to these Legal Terms (each a "Dispute" and collectively,
the "Disputes")
brought by either you or us (individually, a "Party" and collectively, the
"Parties"), the
Parties agree to first attempt to negotiate any Dispute
(except those Disputes expressly provided below) informally
for at least thirty (30) days before
initiating arbitration. Such informal negotiations commence upon
written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with these Legal
Terms, including any question regarding its existence,
validity, or termination, shall be referred to and finally
resolved by the International Commercial Arbitration Court
under the European Arbitration Chamber (Belgium, Brussels,
Avenue Louise, 146) according to the Rules of this ICAC,
which, as a result of referring to it, is considered as the
part of this clause. The number of arbitrators shall be one (1). The seat, or legal place, or arbitration shall be ISTANBUL, Turkey
. The language of the proceedings shall be
English. The governing law of these Legal Terms shall be substantive
law of
Turkey.
Restrictions
The Parties agree that any arbitration shall be limited to the
Dispute between the Parties individually. To the full extent
permitted by law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or authority for any
Dispute to be arbitrated on a class-action basis or to utilize class action procedures;
and (c) there is no right or authority for any Dispute to be brought
in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the
following Disputes are not subject to the above provisions
concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the
validity of, any of the intellectual property rights of a Party;
(b) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim
for injunctive relief. If this provision is found to be illegal or
unenforceable, then neither Party will elect to arbitrate any Dispute
falling within that portion of this provision found to be illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
17. CORRECTIONS
There may be information on the Services that contains
typographical errors, inaccuracies, or omissions, including
descriptions, pricing, availability, and various other
information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the
information on the Services at any time, without prior notice.
18. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS.
YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE
RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR
COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY
WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND WE
WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION
OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS
IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND
INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED,
OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT,
ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES,
ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH
THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY
ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION
WHERE APPROPRIATE.
19. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR
PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS
OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
20. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) use of the
Services; (2)
breach of these Legal Terms; (3) any breach of your representations and warranties set
forth in these Legal Terms; (4) your violation of the rights of a third party,
including but not limited to intellectual property rights;
or (5) any
overt harmful act toward any other user of the Services
with whom you connected via the Services. Notwithstanding
the foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter for which you are required
to indemnify us, and you agree to cooperate, at your expense,
with our defense of such claims.
We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification
upon becoming aware of it.
21. USER DATA
We will maintain certain data that you transmit to the
Services for the purpose of managing the performance of
the Services, as well as data relating to your use of the
Services. Although we perform regular routine backups of
data, you are solely responsible for all data that you
transmit or that relates to any activity you have
undertaken using the Services. You agree that we shall
have no liability to you for any loss or corruption of any
such data, and you hereby waive any right of action
against us arising from any such loss or corruption of
such data.
22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Services, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and other
communications we provide to you electronically, via email
and on the Services, satisfy any legal requirement that
such communication be in writing. YOU HEREBY AGREE TO THE
USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER
RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US
OR VIA THE SERVICES. You hereby waive any rights or
requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of
credits by any means other than electronic means.
23. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved,
you can contact the Complaint Assistance Unit of the
Division of Consumer Services of the California Department
of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by telephone
at (800) 952-5210 or (916) 445-1254.
24. MISCELLANEOUS
These Legal Terms and any policies or operating rules
posted by us on the Services or in respect to the Services
constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right
or provision of these Legal Terms shall not operate as a
waiver of such right or provision. These Legal Terms
operate to the fullest extent permissible by law. We may
assign any or all of our rights and obligations to others
at any time. We shall not be responsible or liable for any
loss, damage, delay, or failure to act caused by any cause
beyond our reasonable control. If any provision or part of
a provision of these Legal Terms is determined to be
unlawful, void, or unenforceable, that provision or part
of the provision is deemed severable from these Legal
Terms and does not affect the validity and enforceability
of any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not
be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Legal
Terms and the lack of signing by the parties hereto to execute
these Legal Terms.
25. CONTACT US
In order to resolve a complaint regarding the Services or
to receive further information regarding use of the
Services, please contact us at:
oneshotcam app
ATATURK CAD. 5638 SK. A-7
Ankara, Ankara 01231
Turkey
