By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law. These terms and conditions apply to your use of the Pointro.com platform. By using the Pointro.com platform you accept these terms and conditions. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Pointro.com platform. We may revise these terms and conditions from time to time by updating them on the Pointro.com website. The revised terms and conditions will take effect when they are posted. If the terms and conditions as so revised are unacceptable to you, you must stop using the Pointro.com platform. If you continue to use the Pointro.com platform you will be deemed to have accepted the revised terms and conditions.2. Definitions
In these terms and conditions: “Confidential Information” means all information which is disclosed to one party (the “Recipient”) by or on behalf of the other party (the “Discloser”), or which is otherwise acquired directly or indirectly by the Recipient from the Discloser, pertaining to the Discloser’s business or affairs, and which is of a confidential or sensitive nature, which is marked or denoted as being confidential or which a reasonable person to whom that information is disclosed, or to whose knowledge that information otherwise comes, would consider confidential. For the avoidance of doubt, Pointro.com’s Confidential Information includes information regarding the Pointro.com platform’s functions, features, system designs, business model, screen layout, arrangement and other characteristics and any trade secrets and other intellectual property forming a part thereof; “content” means material and information (including without limitation text, images, audio material, video material and audio-visual material) that is submitted to or uploaded onto, or otherwise on, the Pointro.com platform; “Pointro.com” means Eksen Bilgi Sistemleri Ticaret A.Ş. “Pointro.com platform” means the digital marketing platform and location-based social media monitoring and customer experience management software system currently provided via the www.pointro.com website, including all software and other works of authorship, inventions, trade secrets and other intellectual property forming a part thereof, and all of the copyright, trade secret and other intellectual property rights with respect thereto; and “we” or “us” means Pointro.com.3. Conditions of Acceptable Use
In using the Pointro.com platform you must not: (a) violate any applicable laws or any third party rights; (b) impersonate any person; (c) distribute viruses, corrupted files or any other similar software or programs that may damage the operation of any computer hardware or software; (d) collect or store personal data about other users of the Pointro.com platform; (e) engage in any other conduct that inhibits any other person from using or enjoying the Pointro.com platform; (f) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Pointro.com platform; or (g) attempt to reverse engineer, derive software code, or otherwise use the Pointro.com platform to obtain information regarding its functions, features, system designs, business model, screen layout, arrangement or other characteristics or any trade secrets or other intellectual property forming a part thereof or embodied therein for use in or for the purpose of directly or indirectly developing or causing to be developed any system, platform, product or service that uses or includes the same or substantially the same functions, features, system designs, business model, screen layout, arrangement or other characteristics as those of the Pointro.com platform, or that is otherwise competitive with the Pointro.com platform. Registration To gain access to the Pointro.com platform you will be required to register an account. Where you are required to register an account: (a) you must provide us with accurate, complete and current registration information; (b) you must safeguard any user name and password issued to you to access the Pointro.com platform; (c) you authorize us to assume that any person using the Pointro.com platform with your user name and/or password is either you or is authorized to act for you; (d) where your user name and/or password is specific to you, you must not allow anyone else to use your user name and/or password; (e) you agree to immediately notify us of any unauthorized use of your user name and/or password or any breach of security of which you become aware; and (f) we reserve the right to discontinue or cancel registration of your account in our sole and absolute discretion without notice to you if you breach any of these terms and conditions or any applicable law, if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party, or as we otherwise think fit.4. Set up and Cancellation of Account
If you choose to cancel your account or if we otherwise terminate your account, your authorization to access and use the Pointro.com platform shall terminate immediately. Your personal details will be deleted from our active database of registered users of the Pointro.com platform, but may remain in our archives. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.5. Warranty Disclaimer
The materials on Pointro.com’s web site are provided “as is”. Pointro.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Pointro.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
Apart from those that cannot be excluded, the Pointro.com platform is provided “as is” without any representations or warranties, express or implied. To the full extent permissible under applicable law, Pointro.com and its related entities exclude all conditions, representations and warranties that may be implied by law. Pointro.com makes no representations or warranties in relation to the Pointro.com platform or the content, information and materials on the Pointro.com platform. Pointro.com does not warrant that the Pointro.com platform will be constantly available or available at all. Pointro.com does not warrant that the content on the Pointro.com platform is complete, true, accurate, non-misleading, non-infringing, legal or decent. You use the Pointro.com platform at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. Pointro.com does not guarantee that your requirements will be met or that any content will be uninterrupted, error free or that the Pointro.com platform or the server that operates the Pointro.com platform is free of viruses or other harmful components. Pointro.com assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Pointro.com platform, (iii) any unauthorized access to or use of Pointro.com servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Pointro.com platform, (iv) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Pointro.com platform, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content transmitted, posted, emailed, or otherwise made available via the Pointro.com platform. Pointro.com does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered through the Pointro.com platform, and Pointro.com will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
You agree to defend, indemnify and hold harmless Pointro.com, its officers, employees, agents, subcontractors, licensors and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal fees, arising out of or in connection with your use of the Pointro.com platform, any content you provide or your breach of any of these terms and conditions. Links and Third Parties The Pointro.com platform may include advertisements, hyperlinks and pointers to web sites operated by third parties. We have not reviewed all of these websites and are not responsible for the content or accuracy of any off-site pages or any other web sites linked to the Pointro.com platform (including without limitation websites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on these websites are solely between you and such advertisers.7. Our Proprietary Rights and Intellectual Property
“Pointro.com” is the registered trademark of Online Media Holdings Limited, which is one of our related entities. Other product and company names referred to on the Pointro.com platform may be the trademarks of their respective owners. You must not use our trademarks or registered trademarks in connection with any product or service that is not offered by us, nor in any manner that may reflect negatively on us, our name or reputation or the Pointro.com platform. Copying of any social media content (including any social media platform design and brand insignia, extracts from social media posts and photos) displayed via Pointro.com is strictly prohibited, and may infringe our copyrights and other intellectual property rights as well as those of third parties.6. Links
Any claim relating to Pointro.com’s web site shall be governed by the laws of the Turkish Republic without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.