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.