WEB SITE LEGAL TERMS OF USE – DIRoam.

Welcome to the Defne Telekomünikasyon A.Ş. (“Defne”) web site which provides website features and services under DIRoam trademark (the “Web Site”). Please review the following terms and conditions concerning your use of the Web Site. By accessing, using or downloading any materials from the Web Site, you agree to follow and be bound by these terms and conditions (the “Terms”). If you do not agree with these Terms, please do not use this Web Site.

GENERAL USE PROVISIONS

All materials provided on this Web Site, including but not limited to information, contents, documents, products, logos, designs, button icons, graphics, sounds, images, software, and services (“Materials”), are provided either by Defne or by their respective third party manufacturers, digital service providers, operators, authors, developers and vendors (“Third Party Providers”), are the copyrighted work of Defne and/or its Third Party Providers irrespective of whether they are duly registered or not. Except as explicitly stated herein, none of the Materials may be copied, reproduced, duplicated, adapted, distributed, republished, downloaded, displayed, posted, transmitted or make a subject of trade in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means, without the prior express written permission of Defne or the Third Party Providers. Also, you may not “mirror” any Materials contained on this Web Site on any other server without Defne’s prior express written permission.

Defne’s or Third Party Providers’ trademarks and trade dress may not be used in connection with any product or service that is not Defne’s or Third Party Providers’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Defne or its subsidiaries. All other trademarks not owned by Defne or Third Party Providers’ that appear in Web Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Defne.Except where expressly provided otherwise by Defne, nothing on this Web Site shall be construed to confer any license under any of Defne’s or any Third Party Provider’s intellectual property rights, whether by estoppel, implication, or otherwise. You acknowledge sole responsibility for obtaining any such licenses. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. Materials provided by Third Party Providers have not been independently reviewed, tested, certified, or authenticated in whole or in part by Defne. Defne does not provide, sell, license, or lease any of the Materials other than those specifically identified as being provided by Defne.

Defne hereby grants you permission to copy and download Defne’s Materials on this Web Site provided that: (1) both the copyright notice identified below and this permission notice appear in the Materials; (2) the use of such Materials is solely for personal, non-commercial and informational use and will not be copied or posted on any networked computer, broadcast in any media, or not used for commercial gain or resold, or not subjected of trade; and (3) the Materials are not modified and/or adopted in any way. Defne or Third Party Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Defne services. This license does not include any resale or commercial use of any Defne service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Materials. This permission terminates automatically without notice if you breach any of these terms and conditions. Upon termination, you will immediately cease and forever abstain from using the Materials and any confusingly similar marks or imitations thereof and destroy any downloaded or printed Materials.

You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Defne without express written consent. You may not use any meta tags or any other “hidden text” utilizing Defne’s name or trademarks without the express written consent of Defne. You may not misuse the Materials. You may use the Materials only as permitted by law. 

Any unauthorized use of any Materials contained on this Web Site may violate copyright laws, intellectual and industrial property rights, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

FORWARD-LOOKING STATEMENTS

This web site may contain forward-looking statements that involve risks, uncertainties and assumptions. If any of these risks or uncertainties materializes or any of these assumptions proves incorrect, the results of Defne and its consolidated subsidiaries could differ materially from those expressed or implied by these forward-looking statements. All statements other than statements of historical fact are statements that could be deemed forward-looking statements, including any projections of earnings, revenues, synergies, accretion or other financial items; any statements of the plans, strategies and objectives of management for future operations; any statements concerning proposed new products, services, developments or industry rankings; any statements regarding future economic conditions or performance; any statements of belief and any statements of assumptions underlying any of the foregoing.

The risks, uncertainties and assumptions referred to above include, but are not limited to, risks associated with digital service provider and operator relations, such as risks associated with the availability of Defne’s products and services, operator implementation of products and services and relationships with customers, digital service providers, operators, third-party vendors, systems integrators and other partners; the ability of Defne to retain and motivate key employees and to successfully manage growth; risks associated with new versions and new products and the need to continue to expand product distribution and services offerings. Defne assumes no obligation to satisfy these forward-looking statements and does not intend to update these forward-looking statements.

LINKS TO THIRD PARTY SITES

This Web site may contain links to web sites controlled by parties other than Defne. Defne is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party web sites. Defne is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Defne of the linked web site. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of a destructive nature.

THIRD PARTY PUBLICATIONS

Defne has not co-authored, ratified, endorsed or adopted the information contained in this any publications referenced on this web site by publishing it herein.

THIRD PARTY STATISTICS

Defne has not co-authored, ratified, endorsed or adopted any statistics provided by third parties by publishing them on this web site.

THIRD PARTY MATERIALS

This website may contain materials, including software, submitted by third-parties. Any such materials are provided solely as a convenience to you. Defne has not tested or evaluated these materials and does not endorse or make any representations and warranties about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall Defne be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

SOFTWARE USE RESTRICTIONS

Any software that may be made available to download from this Web Site (“Software”) is the copyrighted work of Defne and/or Third Party Providers. Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with the Software (“License Agreement”). An end user agrees to the License Agreement terms by installing, copying, or using the Software for non-commercial use. The Software is made available for downloading solely for non-commercial use by end users according to the License Agreement. Defne and/or Third Party Providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to non-commercial use of the Software. This license does not include any resale or commercial use of Software. Without limiting the foregoing, the copying or reproduction of the Software to any other server or location for further reproduction, duplication, resale or redistribution is expressly prohibited. Any reproduction, duplication or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. The licenses granted by Defne and/or Third Party Providers terminate if you do not comply with these Terms of Use and/or License Agreement. Violators will be prosecuted to the maximum extent possible.

THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS MAY BE EXPRESSLY WARRANTED IN THE LICENSE AGREEMENT, Defne HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Installation assistance, product support and maintenance, if any, of the Software is available from Defne and/or the Third Party Providers as set forth in the License Agreement, as applicable.

SUBMISSIONS

Except where expressly provided otherwise by Defne, all comments, feedback, information or materials submitted to Defne through or in association with this Web Site (“Submissions”) shall be considered non-confidential and Defne’s property. By providing such Submissions to Defne, you agree to assign to Defne, at no charge, all worldwide rights, title and interest in copyrights and other intellectual property rights to the Submissions. Defne shall be free to use and/or disseminate such Submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the Submissions that you provide, and that you, not Defne, have full responsibility for the Submissions, including their legality, reliability, appropriateness, originality and copyright. You represent and warrant that the Submissions are accurate; that use of the Submissions you supply do not violate this Terms of Use and will not cause injury to any person or entity; and that you will indemnify Defne for all claims resulting from Submission you supply. Defne has the right but not the obligation to monitor and edit or remove Submissions. Defne takes no responsibility and assumes no liability for any Submissions posted by you or any third party.

DISCLAIMER

EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE BY Defne, THE MATERIALS, SERVICES AND ALL INFORMATION, CONTENT, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES ON THE WEB SITE ARE PROVIDED BY Defne “AS IS” BASIS, ARE EXPERIMENTAL, AND ARE FOR NON-COMMERCIAL USE ONLY. Defne HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. Defne MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Defne SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES CONTAINED ON THE WEB SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Defne SERVICES IS AT YOUR SOLE RISK.

LIMITATION OF LIABILITY

Defne SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE MATERIALS. IN NO EVENT SHALL Defne BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THIS WEB SITE, EVEN IF Defne HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEB SITE AND YOU WILL NOT MAKE A CLAIM AGAINST Defne FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS. YOU AGREE TO HOLD Defne HARMLESS FROM, AND YOU COVENANT NOT TO SUE Defne FOR, ANY CLAIMS BASED ON OR RELATED TO THE USE OF THE WEB SITE.

Defne may operate this website from any one of its worldwide offices. If you choose to access this website from outside of Turkey, you do so at your own risk and are responsible for compliance with all local laws. 

This Web Site may include inaccuracies or typographical errors. Defne and the Third Party Providers may make improvements and/or changes in the products, services, programs, and prices described in this Web Site at any time without notice. Defne may periodically make changes to the Web Site. These Terms represent the entire understanding relating to the use of the Web Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Defne has the right to revise these Terms at any time without notice by updating this posting. Any rights not expressly granted herein are reserved by Defne. This agreement and use of this website shall be governed by and construed according to the laws of the Turkish Republic, without giving effect to its conflict of laws principles. Any litigation arising out of this agreement and use of this website shall be resolved exclusively by the courts sitting in Turkish Republic  and all users of this web-site hereby irrevocably submits to the jurisdiction of any such court, waiving any defense of inconvenient forum.

INTELLECTUAL PROPERTY NOTICES

Elements of the Web Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from the Web Site may be copied or retransmitted unless expressly permitted by Defne.

Defne, the Defne logo, DIRoam products, trademark/logo and/or other Defne products referenced herein are trademarks of Defne and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols may be the trademarks of their respective owners.

LEGAL CONTACT INFORMATION

If you have any questions about these Terms, or if you would like to request permission to use any Materials, please contact the Defne at

Headquarters

Defne Telekomünikasyon A.Ş. 

 Maslak Meydan Sokak No:5/37 Spring Giz Plaza Kat:9 SARIYER ISTANBUL, 34398

Phone: + (90)  212 909 85 85   

E-mail: sales@defne.com.tr