TOHUM A.Ş.®

TOHUM Defence Aerospace Strategy Development and Advanced Research Projects Inc.

TERMS OF USE

This website is designed to inform and entertain you and we hope you enjoy using it. Please browse the website and use its various different features, but please note that your use of the website is subject to the following Terms of Use. By using this website and the Services (defined below), you agree to these Terms of Use.

If you do not agree to these terms of use, please do not use this website.

You will see that we have put short summaries at the beginning of certain sections. These summaries are not a substitute for reading the full conditions and do not make reading them unnecessary.

Ownership and Operation of the Website and Adherence to the Terms of Use:

This website belongs to TOHUM Savunma Uzay Havacılık Strateji Geliştirme ve İleri Araştırma Projeleri A.Ş. (''TOHUM'').

Your use of this website and the applications, software, data, products, contests, prize draws and other services TOHUM provides to you on or through this website (collectively referred to hereinafter as the "Services"), either personally or on behalf of a company, shall be subject to the terms of the agreement established between you and TOHUM. This agreement:

Confidentiality Policy;
Legal Notice and
Cookie Policy

(collectively referred to as "TOHUM Policies") consists of these Terms of Use, including any applicable additional terms, if any.

In the event of a conflict between the Terms of Use on the one hand and other TOHUM Policies relating to the matters contained in the Terms of Use on the other hand, the Terms of Use shall prevail. You agree that we may change or revise the Terms of Use from time to time by updating this posting and that such changes or revisions will be effective immediately upon posting. Please also refer to this section each time you visit the website so that you can learn and follow the current Terms of Use. By continuing to use the website, you will be deemed to reaffirm and represent that you accept the Terms of Use in effect as of the date of your use.

License and Access:

You may not use this website and may not accept the Terms of Use if (a) you are under 16 years of age, or (b) the laws of your country of residence prevent or prohibit you from accessing or using the website. If you are over 16 but under 18, you should read and review these Terms of Use with your parent or guardian and make sure that you both fully understand the Terms of Use.

Authorization to access certain parts of this website and/or use certain Services may be limited to: (i) users who are 18 years of age or older and/or (ii) registered users (e.g., voting on video content). Please review the section titled Registration below in detail and carefully.

Access to the Website is granted on a temporary basis only and TOHUM reserves the right to modify or discontinue this Website or certain parts and portions thereof at its sole discretion and choice without any notice to you. If the website is unavailable at any time or for any period of time for any reason whatsoever, no liability shall be accepted.

Subject to applicable law, we reserve the right to suspend or terminate access to this website and/or the Services without notice for failure to comply with these Terms of Use or the TOHUM Policies, or for infringement of copyrights or other intellectual property rights, or for any other similar reason (including repeated minor offenses). Any decision to suspend a person's access to this website or the Services will be final and binding.

Use of the Website:

You are prohibited from accessing, copying or monitoring any part of the Website using any automated mechanism or process, such as a robot or spider. You must not even attempt to gain unauthorized access to any part of the Website and/or the application that directed you to this site by hacking or any other similar means or means. You are also prohibited from using the website for any illegal purpose or purposes.

Registration:

If you are asked to register, TOHUM will ask you for personal data and information such as your name, address, e-mail address, mobile phone number, date of birth and/or gender, etc. The information you provide for this purpose must be true and accurate and must not include any other person's information.

As part of this registration process, you may be asked to choose a user name and a password. In this case, you will be responsible for all actions taken using your username and for keeping your password secure. If you become aware of any breach of security or unauthorized use of your username or password, you must immediately notify TOHUM using the 'Contact TOHUM' form on the website.

You agree to provide full, complete and accurate information and to keep all such information up to date when registering on the website and using the website and the Services.

Confidentiality of the Data:

TOHUM takes your privacy seriously and will use and protect your personal data and information you provide on this website in accordance with the Privacy Policy. By using the Services, you agree that your personal data and information you provide may be used in accordance with the aforementioned Privacy Policy and the Law No. 6698 on the Protection of Personal Data.

Ownership and Use of Website Materials, Products and Services:

Except for User Content, TOHUM owns the intellectual property rights of all materials on the website or TOHUM has obtained a valid right of use from a third party to use these materials on the website. TOHUM is also the owner of all trademarks, service marks, graphics and logos used on the website or has obtained a valid right of use to use them. Unless expressly stated otherwise, no part of this website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any form or by any means.

If you download software or other digital content, including applications, from this website ("Products"), TOHUM will license the Products and all files, images and data related thereto to you in accordance with the applicable terms and conditions. You represent, warrant and guarantee to TOHUM that this transaction will not be contrary to the laws and regulations in force in your Country. You shall be solely responsible (and TOHUM shall have no liability whatsoever) for the costs and expenses of any service, repair or correction work that may be required on your computer hardware or software due to viruses, harmful content and components, bugs or any other problems whatsoever that you may encounter as a result of visiting this website.

You acknowledge and agree that the Products you download do not belong to you and TOHUM does not transfer the ownership of these Products to you. TOHUM reserves the right of ownership of the Products downloaded from the Website and all intellectual property rights related thereto. You are prohibited from redistributing, selling, decompiling, reverse engineering, translating from machine code to symbolic code or otherwise reducing the Products to a readable form.

User Content:

Content Delivery:

Certain parts of the Website may include you, text, messages, photographs, videos, sound recordings, music (including lyrics), graphics, diagrams and drawings, suggestions, ideas (including product and advertising ideas), your name, image, voice, user name, your name, picture, your voice, your user name, your performance and other similar information and/or other people's name, official voice, user name, performance and other similar information and other materials or content (collectively referred to as "User Content") and may ask you to publish, upload, post, display or otherwise transmit them or provide you with the opportunity to do so.

TOHUM shall treat the User Content as non-confidential and non-proprietary data and information and shall not be obliged to keep the data and information contained in the User Content submitted by you confidential.

Content Provision Right:

You declare, acknowledge and undertake that you have all the rights, licenses, permissions and authorizations necessary for TOHUM, TOHUM sub-brands and affiliated companies and/or content providers to use the User Content submitted by you on the website and for the purposes stipulated in these Terms of Use (and you will continue to have these rights, licenses, permissions and authorizations as long as you use the website).

You further declare, acknowledge and undertake that you have obtained the necessary consent, authorization and/or permissions from each identifiable natural person whose identity is referred to in the User Content submitted by you, to use his/her name, username, image in the manner provided for on the website, as well as in the Products, Services or other materials available on or from the website.

Nature of Content Provided:

Regarding User Content:

You will not submit User Content to the website that is subject to third party rights, including but not limited to:
- Copyrights, patents, trademarks, trade secrets or other similar rights in kind or contractual rights
- Right to privacy or right to publicity or
- Confidential information

unless you directly own these rights yourself or have obtained the necessary permission and authorization from the relevant right holder(s) to use and assign these rights in the User Content;

User Content or the use of User Content as specified and permitted in the Terms of Use will not infringe or violate the rights of any natural or legal person or applicable laws;
You shall not provide or make available any User Content that is illegal for you to possess in Turkey and, if you are resident outside of Turkey, in the country in which you are resident, or that is illegal for TOHUM to possess or use in order to provide the TOHUM website or Services; and
You declare, acknowledge and undertake that you will not submit any User Content;
- Is illegal or encourages or condones criminal or illegal acts, including but not limited to drug trafficking, substance abuse, child pornography, physical or sexual assault and harassment, stalking, theft, fraud, and conspiracy to commit crimes, or acts with the intent or purpose to commit such acts;
- Is defamatory, libelous, threatening, abusive, harassing, or invasive of privacy;
- Is obscene, pornographic or otherwise sexually explicit;
- Is dangerous, irresponsible or harmful to society, or encourages or condones behavior that is dangerous, irresponsible or harmful to society;
- Contains viruses, spyware or other harmful elements or otherwise disrupts, interferes with or damages the Website, the Services or the network to which it connects, or otherwise interferes with or harms anyone's use or enjoyment of them; or
- Any advertisement, solicitation, chain letter, ponzi scheme, investment opportunity, or other similar unsolicited commercial message or notification
- In the event that persons who do not have the legal status of an adult take part in the User Content, such use may be made without the permission of the parent or legal guardian of such persons in accordance with the conditions regulated by law

You acknowledge and agree that you are personally responsible for the User Content provided by you and the consequences of posting or publishing it on the website.

When you upload User Content to the website, you are aware that it may be made available to the public and you agree in advance that you will not claim any compensation for TOHUM 's use of the User Content provided by you in accordance with the Terms of Use and for violation of your privacy anywhere in the world, violation of your rights arising from the Law No. 6698 on the Protection of Personal Data or abuse of your right of publicity.

If you wish to submit or provide information that is subject to an issued patent or an issued pending patent application, please go to the Contact TOHUM section of the TOHUM website. This is the appropriate form area for technical product and technology ideas related to our products and brands. If your User Content is the subject to a pending or issued patent, you must disclose this to TOHUM.

TOHUM and User Content Provided by You:

TOHUM is under no obligation to use your User Content in any way and by any means, and if it rejects your User Content, it is not obliged to explain the reasons for this or to explain TOHUM actions and activities regarding your User Content in any way.
TOHUM shall not be obliged to pay you any fee or consideration in return for using the User Content provided by you as stated and foreseen on the website and in the Terms of Use.
TOHUM may (but shall not be obligated to) use your name to attribute User Content submitted by you to you.
However, you acknowledge and agree that while using the website, you may encounter User Content submitted and/or published by other users. TOHUM cannot be held responsible for such User Content in any way and for any reason whatsoever and does not guarantee the accuracy, integrity, completeness or quality of such User Content or the intellectual property rights associated therewith. In addition, TOHUM cannot guarantee that User Content that is harmful, inaccurate, deceptive, misleading, offensive, threatening, abusive, defamatory, illegal or otherwise objectionable will not appear on the Website.
Without limiting the generality of the abovementioned provisions, you acknowledge and agree that the information, materials, ideas and opinions contained or expressed in the User Content may not necessarily belong to TOHUM or its affiliated or associated companies or content providers. TOHUM, therefore, accepts no responsibility for the User Content and expressly disclaims any and all liability in this regard. You agree to waive, and are hereby deemed to have waived, any and all rights or remedies you have or may have against TOHUM arising at law or in equity in respect of and relating to the User Content.
By uploading User Content to the website, you acknowledge that it may be made available to the public and you agree that you will not claim any compensation for TOHUM's use of the User Content submitted by you in accordance with these Terms of Use and that you will not claim any compensation anywhere in the world for any alleged violation of your privacy, violation of your rights arising from the Personal Data Protection Law No. 6698, or abuse of your right of publicity.
Without prejudice to TOHUM's other rights arising from the Terms of Use or the law, TOHUM also reserves the right not to publish User Content that is contrary to or violates these Terms of Use and/or TOHUM Policies on the website without any prior notice and at its absolute and personal discretion, or to take them down or remove them from the website.
TOHUM shall strictly comply with court orders or judgments requiring or ordering the disclosure of the identity of any person who has posted User Content on the website and shall cooperate with the official authorities and entities in these matters. If and to the extent that it is legally possible to do so, TOHUM reserves the right to disclose the relevant User Content or personal data and information to third parties who claim that a User Content infringes their intellectual property rights or privacy rights and/or to disclose the identity of any user to third parties. TOHUM may also disclose such data and information if TOHUM believes in good faith that disclosing such information is reasonably necessary to protect the rights of TOHUM and its customers or the public or the safety of property or life.
Although TOHUM is not obligated to review or monitor User Content, TOHUM reserves the right to do so as it deems appropriate in its sole discretion. However, TOHUM always reserves the right to modify, alter, change, reorganize, refuse to publish on the website or remove and delete the User Content, in whole or in part, for any reason or no reason and without prior notice, if TOHUM deems it appropriate to do so. You acknowledge and agree that TOHUM is not obligated to use or respond to User Content.

Ownership of User Content:

You retain your ownership rights in your User Content provided by you, but you are required to grant TOHUM and other users of the TOHUM website limited rights in this regard.

In consideration for using the Website and making use of the Services, You grant TOHUM a non-exclusive, perpetual and free of charge, worldwide, royalty-free, transferable license (with the right to sub-license) to use Your User Content for any purpose (within the limits permitted by applicable law). This license shall include, but not be limited to, the right to process, reproduce, copy, rearrange, adapt, create derivative works from, merge, incorporate into other works, make available, synchronize, display, publicly perform, transmit, publish, broadcast, distribute, sublicense and delete your User Content.

Without prejudice to and without being limited by the abovementioned provisions, if you have a patent right in your User Content, TOHUM represents and agrees that the Terms of Use shall not be deemed to grant TOHUM a license right under and within the scope of such patent.

You hereby acknowledge and agree that if TOHUM rearranges, changes or modifies your User Content or creates derivative works thereof or combines your User Content with other works, all rights to such changes, modifications or derivative works shall belong exclusively and personally to TOHUM.

If your User Content contains an idea or suggestion, you acknowledge and agree that TOHUM or a TOHUM sub-branded or affiliated company or a third party acting for/on behalf of TOHUM may have previously worked or may be working on the same or similar ideas. By expressing and submitting your idea, you acknowledge and agree that TOHUM may continue to develop the idea (or a similar idea) independently of your idea and without acknowledging your idea.

Any and all rights of action, whether absolute or contingent, that you currently have or may have in the future against TOHUM and/or TOHUM sub-brands and affiliates with respect to and about your User Content, including how TOHUM and/or TOHUM sub-brands and affiliates use your User Content, you hereby unconditionally and irrevocably release TOHUM and TOHUM sub-brands and affiliated companies from causes of action, claims for compensation, damages and losses, debts and liabilities and demand rights.

License Rights Granted to Other Users of the Website:

You grant to each user of the website, within the limits permitted by the functions of the website and as provided in the Terms of Use, a non-exclusive, worldwide, royalty-free license to access your User Content free of charge through the website and the right to process, reproduce, disseminate, represent, and transmit such User Content to the public by means of any form of signal, sound and/or image transmission.

Consent and Permissions:

5846 numbered Intellectual and Artistic Works Law, 6769 numbered Industrial Property Law and 6698 numbered Personal Data Protection Law, including all current and future applicable industrial property and data privacy laws of the Republic of Turkey (and any other laws that are currently in force and effect or may be enacted in the future anywhere in the world) TOHUM, You hereby grant TOHUM all consents, permissions and approvals that may be necessary for TOHUM sub-brands and affiliated companies and/or content providers to use your User Content submitted by you in accordance with these Terms of Use.

To the extent permitted by applicable law, you hereby assign to TOHUM the right to exercise all moral rights that you may have under any other laws that are currently valid and in force anywhere in the world or that may be enacted in the future.

Geographical Scope of the Website:

TOHUM makes no representation that the materials on this website or the Products described on this website are appropriate or available for use in your country or location. All visitors to this website shall be personally responsible for compliance with all local laws and regulations governing the content and operation of the website.

You agree that you will not connect to this website from a website that TOHUM does not operate and manage unless you have obtained TOHUM's prior written permission and consent in this regard.

Links to Other Websites:

For your convenience and use, this website may contain links to other websites that are not managed by TOHUM.

TOHUM has no control over these websites and TOHUM cannot be held responsible for the availability of such websites. TOHUM does not support or endorse or sponsor the information or content available on other linked websites or the products or other similar materials obtained from such websites and TOHUM is not responsible for them. TOHUM is not responsible for the publications made through the internet from other linked websites or other messages and contents received from these sites.

However, TOHUM shall not be liable, directly or indirectly, for any loss or damage caused or contributed to or alleged to be caused or contributed to by your use of the content, information, products, goods or services obtained from or through such linked websites.

Disclaimer of Liability for Website Content:

The materials on the website (graphics, software, digital content, advice or other materials) and the materials obtained through the website are provided on an "as is" basis and without warranty of any kind, express or implied, or subject to any conditions. TOHUM hereby disclaims all liability to the maximum extent permitted by applicable law with respect to any and all warranties and conditions, express or implied, including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of others.

TOHUM does not warrant or make any representations concerning the accuracy, honesty, reliability, or otherwise regarding the use or the results of the use of the materials on its website. The materials on this website may contain technical inaccuracies or typographical errors and may be inaccurate or may become inaccurate as a result of developments occurring after the date on which such materials were produced. TOHUM assumes no obligation to check that such information is up to date or to keep it up to date.

Disclaimer of Liability for the Operation of the Website:

TOHUM will endeavor to maintain this website and its operation, but is not responsible for the consequences of any defects or errors that may exist in the website or its operation. With respect to the operation of the website, TOHUM declares that it hereby and expressly disclaims all liability with respect to all warranties and conditions of any kind, express or implied, including but not limited to all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of others.

TOHUM does not warrant that: (i) the operation of the website will conform to and meet the user's requirements; (ii) access to the website will be uninterrupted, timely, secure and free from viruses, worms, Trojan horses or other similar harmful elements or free from any errors or defects; (iii) the results that may be obtained from using the website will be accurate and reliable; or (iv) errors and defects will be corrected and eliminated.

You shall be responsible for (and TOHUM shall have no liability for) all costs of any service, repair or correction that may be required on your computer hardware and software due to viruses, harmful elements, errors or any other problems whatsoever that you may be exposed to as a result of and due to your visit to this website.

Restriction of Liability:

Subject to applicable laws, TOHUM, TOHUM sub-brands and affiliated companies or their licensors or licensees,

TOHUM will not be held liable under any circumstances and conditions, whether based on contract, tort (including negligence) or any other legal reason, for any direct, indirect, special, incidental, consequential or similar damages, including but not limited to loss of profits, loss of goodwill, loss of business opportunities, bodily injury (including death), and property damage, or for punitive damages, arising either from (a) the use or inability to use the website or any materials found on the website or (b) the actions and behaviors of any user of the website, towards you or any other natural or legal persons.

TOHUM shall not be held liable even if TOHUM or an authorized representative of TOHUM has been notified in advance of the possibility of such damages. These damages shall also include damages and losses or injuries caused by errors, omissions, business interruptions, defects, non-performance, data loss or corruption of data, delays in operation or transmission, line interruptions and failures or other similar damages including but not limited to computer viruses, worms, Trojan horses.

TOHUM assumes no responsibility or liability for the nature and content of the User Content or for any defamation, libel, slander, negligence, falsehood, obscenity, pornography, blasphemy and sacrilege, danger, illegal content, infringement of intellectual property rights, errors and defects and misinformation that may be contained in the User Content.

Applicable law may not allow the exclusion or limitation of liability for consequential or incidental damages or losses, or the exclusion of certain warranties. Therefore, some of the above disclaimers or limitations of liability may not apply to you. However, TOHUM's total legal liability to you for damages and losses and causes of action arising out of contract, tort (including negligence) or other legal causes of action shall in no event and for no reason exceed the fee (if any) paid by you for accessing the website.

Compensation Responsibilities:

You agree and undertake to defend TOHUM, its sub-brands, affiliated companies, and their agents, agents, licensees, universal and particular successors against all claims, lawsuits, or proceedings and associated reasonable legal fees, including all kinds of damages, losses, liabilities, costs, debts, and expenses arising from or related to your use of the website, the use of User Content provided by you as permitted under these Terms of Use, and/or your negligence or alleged negligence in fulfilling the declarations, warranties, undertakings, or commitments under this Agreement.

Termination:

The Terms of Use and TOHUM Policies will remain in effect as long as they remain valid. You may cancel and terminate these Terms of Use by discontinuing your use of the website and destroying all of the content you have received from the website. We may also immediately terminate these Terms of Use and the TOHUM Policies, including your access to the website, if you fail or neglect to comply with any of the provisions of the Terms of Use. Upon Termination, you will not be able to continue using the website and you must destroy all content you have received from the website.

Help:

This website may also provide a Help file or other instructions on how to use the website. However, TOHUM is not obliged to provide you with any support in using the website.

Governing Law and Jurisdiction:

All disputes arising out of or relating to these Terms of Use and the Terms of Use [whether in contract, tort (including negligence), statutory or otherwise] shall be governed by and construed and enforced in accordance with the laws of the Republic of Turkey without regard to its conflict of laws principles.

The Istanbul Anatolian Courts and Execution Offices shall have exclusive and sole jurisdiction over all disputes, actions and proceedings arising out of or relating to these Terms of Use [whether arising in contract, tort (including negligence), statutory or otherwise], and you agree and acknowledge that the Istanbul Anatolian Courts and Execution Offices shall have jurisdiction over you in disputes, actions and proceedings arising out of these Terms of Use.

Divisibility:

If any provision of the Terms of Use is for any reason held to be illegal or void or unenforceable, that provision shall be deemed severed from the Terms of Use and shall not affect the validity and enforceability of the remaining provisions of the Terms of Use.

Waiver:

TOHUM 's failure to perform or observe any term or part of the Terms of Use shall not constitute or be construed as a waiver of any right of TOHUM arising out of the Terms of Use due to the past or future acts or omissions of any person. TOHUM's receipt and collection of any money or any person's reliance on TOHUM 's actions shall also not constitute or be construed as a waiver of any provision or part of the Terms of Use. Only and only a definite and written waiver signed by an authorized representative of TOHUM shall be deemed legally valid.

Legal Impact:

The paragraph headings in the Terms of Use are for convenience only and have no legal or contractual effect.

To return to the site you have visited, please click the back button in your browser.