This End-User License Agreement (including the Supplemental Terms, as applicable) (hereinafter "EULA") is a legal agreement between you and Enrich Yazılım Anonim Sirketi ("we", “Enrich”, "us" or "our"). By installing or otherwise using the Enrich Apps, you: (a) agree to be bound by the terms and conditions of this EULA, (b) you represent and warrant that you own or control the mobile device in which the Enrich App will be installed, and (c) you represent and warrant that you have the right, authority and capacity to enter into this EULA and to abide by all its terms and conditions, just as if you had signed it. The terms and conditions of this EULA also apply to any Enrich App updates, supplements, and services that are not provided under a separate license or other agreement with us. If you do not agree to the terms and conditions of this EULA, do not install or use any Enrich App. We may amend these terms and conditions from time to time. If the changes include material changes that affect your rights or obligations, we will notify you of the changes by reasonable means. You acknowledge that an in-app message which notifies you of such changes when you open up the Enrich App shall constitute reasonable means. Your continued use of the Enrich Apps after we post any amendments to this EULA will signify your acceptance of such amendments. If you do not agree with any amendment, you must discontinue using the Enrich Apps. If you have any questions or concerns regarding the terms or conditions herein, please email us at “info@enrich.com.tr”. Do not use the Enrich Apps until your questions and concerns have been answered to your satisfaction and you agree to abide by the EULA. Notice to consumers: Depending on the laws of the jurisdiction where you live, you may have certain rights that cannot be waived through this EULA and that is in addition to the terms of this EULA, and certain provisions of this EULA may be unenforceable as to you. To the extent that any term or condition of this EULA is unenforceable, the remainder of the EULA shall remain in full force and effect. Use of the Enrich Apps is subject to our Privacy Policy, which is hereby incorporated into this EULA by reference. This EULA also includes any additional payment terms and other requirements set forth on the download or purchase page through which you purchase or download the Enrich Apps. The Enrich Apps may be available through marketplaces that distribute mobile applications and that may have additional terms, conditions and usage rules that govern your use of the Enrich Apps if you download or install the Enrich Apps through such marketplaces.
You must be 13 (thirteen) years of age or older to install or to use
the Enrich Apps. If you are at least 13 but not yet 18 years of age,
please have your parent or legal guardian review this EULA with you,
discuss any questions you might have, and install the Enrich Apps for
you. NOTICE TO PARENTS AND GUARDIANS: By granting your child
permission to download and access an Enrich App, you agree to the
terms and conditions of this EULA on behalf of your child. You are
responsible for exercising supervision over your children's
online activities. If you do not agree to this EULA, do not let your
child use the Enrich Apps or associated features. If you are the
parent or guardian of a child under 13 (including 13) and believe that
he or she is using the Enrich Apps, please contact us at “info@enrich.com.tr”.
Subject to your compliance with the terms and conditions of this EULA,
Enrich grants you a limited, non-exclusive, revocable,
non-sublicensable, non-transferable license, to access, download and
install the most current generally available version of the Enrich
Apps on a single, authorized mobile device that you own or control
solely for your lawful, personal, and non-commercial entertainment
use.
4.1. Restricted Use:
You may not rent, sell, lease, sublicense,
distribute, assign, copy (other than a single copy for your own backup
purposes), or in any way transfer or grant any rights to the Enrich
Apps or use the Enrich Apps for the benefit of any third party. Unless
expressly authorized by US or permitted under the applicable mobile
platform terms, you are prohibited from making the Enrich Apps
available over a network where it could be downloaded or used by
multiple users. You agree that you will not use any robot, spider,
other automatic or manual device or process to interfere or attempt to
interfere with the proper working of the Enrich Apps, except to remove
our Enrich Apps from a mobile device which you own or control. You may
not violate or attempt to violate the security of our services. You
may not modify, reverse-engineer, decompile, disassemble, or otherwise
tamper with any Enrich Apps, or attempt to do so for any reason or by
any means. You may not access, create or modify the source code of any
Enrich Apps in any way. You do not have the right to and may not
create derivative works of any Enrich Apps or any portions thereof.
All modifications or enhancements to the Enrich Apps remain the sole
property of US.
4.2. Enrich Apps Updates:
We reserve
the right to add or remove features or functions to existing Enrich
Apps. When installed on your mobile device, the Enrich Apps
periodically communicate with our servers. We may require the updating
of the Enrich Apps on your mobile device when we release a new version
of the Enrich Apps, or when we make new features available. This
update may occur automatically or upon prior notice to you and may
occur all at once or over multiple sessions. You understand that we
may require your review and acceptance of our then-current EULA before
you will be permitted to use any subsequent versions of the Enrich
Apps. You acknowledge and agree that any obligation we may have to
support previous versions of the Enrich Apps may be ended upon the
availability of updates, supplements or subsequent versions of the
Enrich Apps. You acknowledge and agree that we have no obligation to
make available to you any updates, supplements or subsequent versions
of the Enrich Apps.
4.3. Access:
You must provide at
your own expense the equipment, Internet connections, devices and
service plans to access and use the Enrich Apps. If you access an
Enrich App through a mobile network, your network or roaming
provider's messaging, data and other rates and fees may apply.
You are solely responsible for any costs you incur to access the
Enrich Apps from your device. Downloading, installing or using certain
Enrich Apps may be prohibited or restricted by your network provider
and not all Enrich Apps may work with your network provider or device.
Enrich makes no representation that the Enrich Apps can be accessed on
all devices or wireless service plans. Enrich makes no representation
that the Enrich Apps are available in all languages or that the Enrich
Apps are appropriate or available for use in any particular
location.
4.4. Purchases & Cancellation Rights:
(A) Where you purchase from a third party: Certain Enrich Apps
are available for purchase from a mobile platform owner (e.g. Apple or
Google or any other mobile platform) and/or will allow you to make an
in-application purchase. Payment for such purchases may be processed
by third parties who act on our behalf or directly by the mobile
platform owner. European Union residents normally have a right to
cancel online purchases within 14 days of making them. Please note and
acknowledge: if you are resident in the European Union and download an
Enrich App from a mobile platform owner (e.g. Apple or Google), you
may not be able to cancel your order or obtain a refund. Please review
the mobile platform owner's terms in this regard before purchase.
This may also apply to subscriptions and in-app purchases. You can
find further information on cancelling orders and any associated
refunds on the website of the third party re-seller from whom you
purchased the app (for example, the Apple App Store or the Google Play
Store). (B) Where you purchase from Enrich directly: Please note and
acknowledge: if you are resident in the European Union and download an
Enrich App from Enrich directly, you agree to waive your cancellation
and refund right once the download of the app or the relevant purchase
is made. This means that you will not be able to cancel your order or
obtain a refund once the download and delivery of the app are
complete. This will also apply to subscriptions and in-app purchases.
You can find further information on cancelling orders and any
associated refunds from the relevant section of the Enrich website.
4.5.
Subscription Services:
Certain Enrich Apps on the Apple App
Store and Google Play Store will allow you to obtain the benefit of
the application on a subscription basis. Payment for such a
subscription (which may be for example daily, weekly, monthly,
tri-monthly or yearly) may be processed in the application, by third
parties who act on our behalf or directly by the mobile platform owner
(e.g. Apple or Google). Free trial subscriptions may be cancelled at
any point up to 24 hours before the expiry of the free trial (Apple)
or at any time before the end of the trial period (Google). See below
in paragraph 6 ("Trial Periods") for further information.
You can cancel a subscription service at any time during the
subscription period via the subscription settings in your iTunes or
Android account. The cancellation will take effect after the last day
in the relevant subscription period. See above in paragraph 4
("Purchases & Cancellation Rights") for further
information.
4.6. Trial Periods :
Certain of our
subscription services on the Apple App Store and Google Play Store may
from time to time be offered for a fixed period of time on a
free-trial basis. You are free to cancel a free-trial subscription at
any time via the subscription setting in your iTunes or Android
account. Please note: your free-trial subscription will automatically
renew as a paid subscription unless (a) auto-renew is turned off at
least 24 hours before the end of the free-trial subscription period
(Apple) or (b) you cancel before the end of the trial period
(Google).
4.7. Online Dispute Resolution:
If you
reside in the European Union, you can find information about online
dispute resolution here:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
Please note that we reserve the right not to participate in forms of
alternative dispute resolution. For further information, please
contact: “info@enrich.com.tr”.4.8. Coins in the App Environment : Through your use of Enrich
Apps, you may accrue virtual "Coins" that may be used and
virtually spent in the App environment. Coins are a limited license
right distributed at our discretion, may only be used with respect to
virtual items and services made available in the App environment, and
are not redeemable for monetary value. In addition to the Coins that
you may virtually accrue, you may also purchase Coins. Payments for
Coins may be made through an in-app purchase (more details about which
can be found here). Please note: we may limit the number of Coins or
the total monetary value of Coins that you may purchase at one time,
or over a given period of time, in our sole discretion. Newly
purchased Coins credits may not be available for immediate use. If you
make any unauthorized purchases of Coins, or if any of your purchase
of Coins leads to charge-reversals, chargebacks, disputed charges,
dispute fees, or any allegation of payment fraud, we may terminate
your account, with or without notice, in our sole and absolute
discretion. All purchases of Coins are FINAL and non-refundable,
except in our sole and absolute discretion. Once you purchase Coins,
you cannot return them. If your account is cancelled or terminated by
you or by us, for any reason, you will lose and forfeit any
outstanding Coins The virtual items that you may virtually acquire or
use in the App environment are a limited license right granted by us
and you do not acquire any ownership right to any such virtual items.
We may terminate such license right and withdraw or discontinue any
virtual item in the Site environment or may remove your right to use
any particular virtual item or service. Any exchanges of coins for
virtual items are non-reversible. The virtual items that you may
virtually acquire or use in the App environment are a limited license
right granted by us and you do not acquire any ownership right to any
such virtual items. We may terminate such license right and withdraw
or discontinue any virtual item in the Site environment or may remove
your right to use any particular virtual item or service. Any
exchanges of coins for virtual items are non-reversible. Aside from
the limited license to use virtual items or services as described
above, you agree that you will not gain any right, title or interest
whatsoever in the Coins, or virtual items or services and that you may
not trade, sell, transfer or transact Coins, or virtual items or
services in any manner except as permitted in the App environment. You
may not sell or trade the time taken to accrue Coins. Any transaction
in Coins or virtual items or services via online auction sites or
other channels outside the Services is strictly prohibited. You may
not use cheat programs, including non-Enrich Apps software programs,
to accrue Coins or virtually acquire Coins. We may immediately
terminate your account if it comes to our attention that you have
accrued, virtually acquired or used Coins in any non-permitted
manner.
Enrich Apps allow you to enjoy various features, functionalities and
services, which may change from time to time (collectively, the
"Enrich App Functions"). The Enrich App Functions are
provided by US and third party suppliers who offer content and/or
services in conjunction with or through the Enrich Apps (the
"Third Party Partners"). Enrich App Functions may provide
you with location data for basic navigational purposes only and are
not intended to be relied upon in situations where precise location
information is needed or where erroneous, inaccurate or incomplete
location data may lead to death, personal injury, property or
environmental damage. Neither US, nor any of its Third Party Partners,
guarantee the availability, accuracy, completeness, reliability, or
timeliness of location data displayed by any Enrich App.
6.1. Third-Party Services and Content:
The Enrich Apps may
integrate, be integrated into, bundled, or be provided in connection
with third-party services, advertising, feeds, and/or content. If you
are installing an Enrich App that includes third party services and
third party content, such services and content are subject to such
third party's terms of services and privacy policies, which may
be found on the relevant Third Party Partner's website. Enrich
Apps may provide access or links to Third Party Partner websites or
resources. WE have no control over such websites and resources, and
you acknowledge and agree that Enrich is not responsible for the
availability of such external websites or resources, and does not
endorse nor is responsible or liable for any content, advertising,
products, or other materials on or available from such websites or
resources. You further acknowledge and agree that Enrich shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content (as defined below), goods or services
available on or through any such website or resource. Enrich will not
be a party to or in any way be responsible for monitoring any
transaction between you and Third-Party Partners.
6.2.
Access to Third-Party Services and Content through Enrich Apps:
All services, advertising, feeds and content, including without
limitation, all data, links, articles, graphic or video messages and
all information, text, software, music, sound, graphics or other
materials ("Content") made available or accessible through
an Enrich App, whether publicly available or privately transmitted, is
the sole responsibility of the entity or person from whom it
originated. You hereby acknowledge and agree that by using an Enrich
App you may be exposed to Content that may be offensive, indecent or
objectionable in your community. You agree to accept all risks
associated with the use of any Content, including any reliance on the
accuracy or completeness of such Content. Under no circumstances will
Enrich be liable in any way for any Content created by or originating
with entities other than Enrich, including, but not limited to, any
errors or omissions in any such Content, or for loss or damage of any
kind incurred as a result of the transmission or posting of such
Content by means of an Enrich App.
Enrich Apps, like other consumer technologies, may not be 100% secure.
By accepting this EULA you acknowledge, express and accept that the
Enrich Apps and any information you download or offer to share by
means of an Enrich App, may be exposed to unauthorized access,
interception, corruption, damage or misuse, and cannot be regarded as
100% secure.
You accept all legal and responsibility for such
security risks and any damage resulting therefrom. Further, you are
solely responsible for securing your mobile device from unauthorized
access, including by such means as using complex password protection
and, for Android users, enabling device encryption in your settings.
You agree that Enrich shall not be liable for any unauthorized access
to your mobile device or the app data thereon.
8.1. Registration:
Most Enrich Apps will not require a
registration: however, some Enrich Apps may permit or require you to
create an account to participate or access additional features or
functionalities ("Registration"). If such Registration is
required, it will be made known to you when you attempt to participate
or access such additional features or functionalities. Any
registration required by a Third Party Partner is not governed by this
EULA and you should refer to the relevant Third Party Partner's
website for their policies.
8.2. Passwords:
You are the sole and exclusive guardian of any password and ID
combination issued or chosen by to you. Maintaining the
confidentiality and security of your password(s) and ID(s) is solely
your responsibility. You are fully responsible for all transactions
undertaken by means of any account opened, held, accessed or used via
your password and ID. You shall notify us immediately and confirm in
writing any unauthorized use of accounts or any breach of security,
including without limitation any loss, theft or unauthorized use of
your password(s), and/or ID(s) or any related account. If we have
reasonable grounds to suspect that the security of your password
and/or ID has been compromised, we may suspend or terminate your
account, refuse any and all current or future use of the services, and
pursue any appropriate legal remedies. We shall not be responsible for
any losses incurred in connection with any misuse of any password or
ID.
8.3. Provided Information:
If you provide any
information in connection with a Registration, you must provide and
maintain accurate, complete and current information. If we have
reasonable grounds to suspect that your information is inaccurate, not
current or not complete, we may suspend or terminate your use of the
Enrich App, and pursue any appropriate legal remedies. You agree that
we shall have the right to use the information you provide to us for
the purposes described in this EULA and in furtherance of your use of
the Enrich App our services, in accordance with the Privacy Policy
located here: Privacy Policy.
Uninstallation and removal methods vary depending on your device. To
uninstall and remove the Enrich Apps, please use the application
manager provided with your device or consult your device manual for
reference.
You agree that we may collect and use technical data and related
information, including but not limited to technical information about
your device, system and application software, and peripherals, that is
gathered periodically to facilitate the provision of software updates,
product support and other services to you (if any) related to the
Enrich Apps. We may use this information in accordance with the
Privacy Policy located here.
The Enrich Apps, including all design, text, images, photographs,
illustrations, audio-clips, video-clips, artwork, graphic material,
code, content, protocols, software, and documentation provided to you
by Us are Enrich’s sole property or the property of Enrich's
licensors and are protected by Turkish and international copyright,
trademarks, patents and other proprietary rights and laws relating to
Intellectual Property Rights. "Intellectual Property Rights"
means, collectively, rights under patent, trademark, copyright and
trade secret laws, and any other intellectual property or proprietary
rights recognized in any country or jurisdiction worldwide, including,
without limitation, moral or similar rights. You may not delete,
alter, or remove any copyright, trademark, or other proprietary rights
notice we or Third Party Partners have placed on or within the Enrich
Apps. All rights not expressly granted hereunder are expressly
reserved to Enrich and its licensors. The Enrich names, logos and
affiliated properties, are the exclusive property of Enrich or its
affiliates. All other trademarks appearing on any Enrich App are
trademarks of their respective owners, and the use of such trademarks
shall inure to the benefit of the trademark owner. Our partners or
service providers may also have additional proprietary rights in the
content which they make available through an Enrich App. The trade
names, trademarks and service marks owned by us, whether registered or
unregistered, may not be used in connection with any product or
service that is not ours, in any manner that is likely to cause
confusion. Nothing contained in herein should be construed as
granting, by implication, estoppel or otherwise, any license or right
to use any of our trade names, trademarks or service marks without our
express prior written consent.
12.1. You are solely responsible for any Content you contribute,
submit or display on or through your use of the Enrich App(s). It is
your obligation to ensure that such Content, including photos, text,
video and music files, does not violate any copyright or other
Intellectual Property Rights. You must either own or have a license to
use any Content that you contribute, submit or display.
12.2.
We respect and expect its users to respect the rights of copyright
holders. On notice, WE will act appropriately to remove content that
infringes the copyright rights of others. WE reserve the right to
disable the access to Enrich Apps or other services by anyone who uses
them to repeatedly infringe the Intellectual Property Rights of
others. If you believe an Enrich App or elements, infringe your
copyright rights, Please contact Enrich's Copyright Agent at:
email: “info@enrich.com.tr”.
Please ensure your communication includes the following:• an
electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright interest;• a description of the
copyrighted work that you claim has been infringed;• a description of
where the material that you claim is infringing is located on the
Enrich App;• your address, telephone number, and email address;• a
statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law; •
a statement by you that the above information in your notice is
accurate and that you are the copyright owner or authorized to act on
the copyright owner's behalf.
12.3. Objectionable
Content. WE may also act to remove Objectionable Content. The decision
to remove Objectionable Content shall be made at Enrich's sole
discretion. "Objectionable Content" includes, but is not
limited to:
• Content that is unlawful, harmful, threatening,
abusive, harassing, tortuous, defamatory, or libellous,• Content that
is hateful or advocates hate crimes, harm or violence against a person
or group,
• Content that may harm minors in any way;
•
Content that has the goal or effect of "stalking" or
otherwise harassing another
• Private information about any
individual such as phone numbers, addresses, Social Security numbers
or any other information that is invasive of another's
privacy;
• Content that is vulgar, offensive, obscene or
pornographic,• Unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of
solicitation;• Material that contains software viruses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment.
12.4. Content Screening and
Disclosure. We do not, and cannot, pre-screen or monitor all Content.
However, our representatives may monitor Content submission through
the Enrich Apps, and you hereby provide your irrevocable consent to
such monitoring. You acknowledge and agree that you have no
expectation of privacy concerning the submission of any Content. We
have the right, but not the obligation, in our sole discretion to
edit, refuse to post, or remove any Content. We may access, preserve
or disclose any of your information or Content (including without
limitation chat text) if we are required to do so by law, or if we
believe in good faith that it is reasonably necessary to (i) respond
to claims asserted against us or to comply with legal process (for
example, subpoenas or warrants), including those issued by courts
having jurisdiction over us or you; (ii) enforce or administer our
agreements with users, such as this EULA; (iii) for fraud prevention,
risk assessment, investigation, customer support, providing the app
services or engineering support; (iv) protect the rights, property or
safety of Enrich, its users, or members of the public or (v) to report
a crime or other offensive behaviour.
12.5. Ownership of
Content You Submit:
Unless otherwise set forth at the point of
submission, you retain ownership of all rights in any Content that you
submit, through your use of the Enrich Apps. However, you grant us
permission to use such Content in any way we see fit, for instance for
the purposes of promotion of the Enrich Apps. If, at our request, you
send submissions (such as contest submissions, polling questions) or
you send us creative suggestions, ideas, notes, drawings, or other
information (collectively, the "Submissions"), such
Submissions shall be deemed and shall remain, the property of Enrich.
None of the Submissions shall be subject to any obligation of
confidence on the part of Enrich, and WE shall not be liable for any
use or disclosure of any Submissions. Without limitation of the
foregoing, WE shall exclusively own all now known or hereafter
existing rights to the Submissions of every kind and nature throughout
the universe and shall be entitled to unrestricted use of the
Submissions for any purpose whatsoever, commercial or otherwise,
without compensation to the provider of the Submissions. You hereby
assign to Enrich all right, title and interest in and to the
Submissions and you hereby waive any moral rights (and any rights of
the same or similar effect anywhere in the world existing now or in
the future created) relating to the Submissions in favour of Enrich
and its assignees, licensees and designees.
12.6. Repeat
Infringer Policy: We may terminate a user's access to the Enrich
App(s) if, under appropriate circumstances, the user is determined to
be a repeat infringer.
12.7. No Intended Third-Party
Beneficiaries: Except as otherwise set forth herein, no third party is
an intended beneficiary of this EULA.
Your rights under this EULA will terminate immediately and
automatically without any notice from US if you fail to comply with
any of the terms and conditions of this EULA. You understand that
Enrich, in its sole discretion, may modify or discontinue or suspend
your right to access any of our services or use of any Enrich Apps at
any time. Further, WE, with or without any reason, may at any time
suspend or terminate any license hereunder and disable the Enrich Apps
or any of its component features. You agree that WE shall not be
liable to you or any third-party for any termination or disabling of
the Enrich Apps. Promptly upon expiration or termination of this EULA,
you must cease all use of the Enrich Apps and destroy all copies of
Enrich Apps in your possession or control. Termination will not limit
any of Enrich's other rights or remedies at law or in equity.
Sections 10-19, and any Supplemental Terms of this EULA shall survive
termination or expiration of this EULA for any reason.
TO THE EXTENT THIS IS PERMITTED BY APPLICABLE LAW, ALL Enrich APPS ARE
PROVIDED ON AN "AS IS," "WITH ALL FAULTS," AND
"AS AVAILABLE" BASIS, AND YOU USE THEM AT YOUR SOLE RISK.
SUBJECT TO APPLICABLE LAW, WE, ON BEHALF OF ITSELF, AND ITS
AFFILIATES, LICENSORS, DISTRIBUTORS, VENDORS, AGENTS AND SUPPLIERS,
EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, AND ANY OTHER WARRANTY ARISING UNDER THE SALE OF
GOODS ACTS 1893 AND 1980, USAGE OF TRADE, COURSE OF CONDUCT OR
OTHERWISE. WITHOUT LIMITATION, Enrich MAKES NO WARRANTY THAT THE
Enrich APPS WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS
OBTAINED FROM THE USE OF THE Enrich PRODUCTS WILL BE ACCURATE OR
RELIABLE, OR THAT THE QUALITY OF THE Enrich APPS WILL MEET YOUR
EXPECTATIONS. Enrich ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS
TO AND USE OF OUR Enrich APPS; ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR
FINANCIAL INFORMATION STORED THEREIN; ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM Enrich APPS OR SERVERS; ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH
Enrich APPS BY ANY THIRD PARTY; OR 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 POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE Enrich APPS. THE ENTIRE RISK ARISING OUT OF USE OR
PERFORMANCE OF THE Enrich APPS REMAINS SOLELY WITH YOU. WE EXPRESSLY
DISCLAIM ALL WARRANTIES RELATING TO PRODUCTS AND/OR SERVICES PROVIDED
BY THIRD-PARTY PARTNERS. SOME JURISDICTIONS DO NOT ALLOW THE
DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING
DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED
WARRANTIES. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART
OF THIS AGREEMENT.
TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU EXPRESSLY UNDERSTAND
AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES (EVEN IF Enrich HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE
INABILITY TO USE THE Enrich APPS; (II) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSIONS OR DATA; (III) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY; OR (IV) ANY OTHER MATTER RELATING TO THE Enrich
APPS. IN NO EVENT SHALL Enrich'S TOTAL LIABILITY TO YOU FOR ALL
DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT
(INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Enrich APP. THE
FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE. IF ANY OF THE EXCLUSIONS SET FORTH IN THIS
SECTION IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE
UNENFORCEABLE, THEN ALL SUCH EXPRESS, IMPLIED AND STATUTORY WARRANTIES
SHALL BE LIMITED IN DURATION FOR A PERIOD OF THIRTY (30) DAYS AFTER
THE DATE ON WHICH YOU FIRST ACCESS THE Enrich APP, AND NO WARRANTIES
SHALL APPLY AFTER SUCH PERIOD.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Enrich, ITS PARENTS,
AFFILIATE AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES,
CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY,
DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS'
FEES) ARISING FROM YOUR USE OF THE Enrich APPS, YOUR VIOLATION OF THE
EULA OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR
ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR
ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF
YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.
The Enrich Apps and the underlying information and technology are
subject to US and international laws, restrictions and regulations
that may govern the import, export, downloading and use of the Apps.
You agree to comply with these laws, restrictions and regulations when
downloading or using the apps.
Any Enrich Apps installed for or on behalf of the United States of
America, its agencies and/or instrumentalities ("U.S.
Government"), is provided with Restricted Rights as
"commercial Items," as that terms is defined at 48 C.F.R.
§2.101, consisting of "Commercial Computer Software" and
"Commercial Computer Software Documentation," as such terms
are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable.
Pursuant to Federal Acquisition Regulation 12.212 (48 C.F.R. §12.212),
the U.S. Government shall have only those rights specified in the
license contained herein. The U.S. Government shall not be entitled to
(i) technical information that is not customarily provided to the
public or to (ii) use, modify, reproduce, release, perform, display,
or disclose commercial computer software or commercial computer
software documentation except as specified herein. Use, duplication,
or disclosure by the U.S. Government is subject to restrictions as set
forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1)
and (2) of the Commercial Computer Software - Restricted Rights at 48
C.F.R. 52.227-19, as applicable.
Enrich does not represent or warrant that the Enrich Apps or any part
thereof is appropriate or available for use in any particular
jurisdiction. We may limit the availability of the Enrich Apps, in
whole or in part, to any person, geographic area or jurisdiction we
choose, at any time and in our sole discretion. The laws of Turkey,
without regard to conflict of laws principles, shall govern all
matters relating to or arising from this EULA, and the use (or
inability to use) the Enrich Apps. You hereby submit to the exclusive
jurisdiction and venue of the appropriate courts of Istanbul-Turkey,
with respect to all matters arising out of or relating to this
EULA.
No failure or delay by Us in exercising any right, power
or privilege under this EULA will operate as a waiver thereof, nor
will any single or partial exercise of any right, power or privilege
preclude any other or further exercise thereof or the exercise of any
other right, power, or privilege under this EULA. If any provision of
this EULA shall be found unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from
these terms and shall not affect the validity and enforceability of
any remaining provisions.
YOU AGREE THAT ANY CAUSE OF ACTION
ARISING OUT OF OR RELATED TO THE Enrich APPS MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
If you have any questions about this EULA, please contact us by email
or postal mail as follows: “info@enrich.com.tr”.