Other language versions of the Terms of Use: Kullanım Şartları (TR) | Conditions D’utilisation (FR) | Términos de Uso (ES)
Last updated; November 26, 2024
These terms of use (“Agreement”) are our terms and conditions for the use of the website accessible at https://www.gidavesaglik.net (“Gıda ve Sağlık,” “we,” “us,” “our”). This Agreement constitutes a legally binding contract between you and Gıda ve Sağlık, whether personally or on behalf of an organization (“you”), regarding your website access to and use.
Regardless of how you access Gıda ve Sağlık (whether through a third-party site, application, link, or otherwise), you agree to be bound by this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right to make changes or modifications to this Agreement, at our sole discretion, at any time and for any reason. We will notify you of any changes by updating the last updated date of this Agreement, and you waive any right to receive specific notice of each such change. It is your responsibility to review this Agreement periodically to be aware of any updates. By continuing to use Gıda ve Sağlık after the date such revised Agreement is published, you will be subject to, and will be deemed to have been made aware of and accepted, the changes in any revised Agreement.
If we believe that you have not complied with this Agreement for any reason, we may, in our sole discretion, terminate or restrict your access to all or part of Gıda ve Sağlık immediately and without prior notice.
Gıda ve Sağlık; is a website that provides its users with articles written by experts on food, nutrition and health in 4 different languages (Turkish, English, French and Spanish) on the www.gidavesaglik.net website, and provides an electronic environment where you can comment. Accordingly, those who access Gıda ve Sağlık from different locations worldwide do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
1. Intellectual Property Rights
You acknowledge that, except for advertisements (as defined below), we are the sole owner or licensee of all content on Gıda ve Sağlık, including, without limitation, logos and other intellectual property rights, as well as text, images, graphics, logos, audio, video, URLs, metadata (collectively, “Content”).
Our Content is protected by worldwide copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties.
The Content is provided solely for your personal, non-commercial use.
Subject to your compliance with this Agreement, including the “Prohibited Activities” section below, we grant you a non-exclusive, non-transferable, revocable license to access to Gıda ve Sağlık, and download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.
Except as provided in this section or elsewhere in the Agreement, no part of Gıda ve Sağlık, and no Content, may be copied, reproduced, aggregated, republished, uploaded, posted, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Our robots.txt notice does not and will not constitute Gıda ve Sağlık’s permission or endorsement for purposes of the Agreement. The Agreement shall prevail over our robots.txt notice in all respects.
If you wish to use our Content other than as provided in this section or elsewhere in the Agreement, please submit your request to: [email protected]. If we grant you permission to publish or reproduce any portion of our Content, you must identify us as the owners or licensors of the Content and ensure that any copyright or proprietary notices appear or are visible when you publish, reproduce or display our Content. We reserve all rights not expressly granted to you in Gıda ve Sağlık.
Any violation of these Intellectual Property Rights shall constitute a material breach of the Agreement, and your right to use Gıda ve Sağlık shall immediately terminate.
Please review this section and the “Prohibited Activities” section carefully before using Gıda ve Sağlık to understand (a) the rights you grant us and (b) your obligations when you post or upload any content through Gıda ve Sağlık.
By sending us any questions, comments, suggestions, ideas, feedback, or other information about Gıda ve Sağlık and the Content directly (“Submissions”), you agree to assign all intellectual property rights to us in such Submission. You acknowledge that the Submission is ours and that we have the unrestricted right to use and disseminate it for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You are responsible for what you post or upload. By sending Submissions to us through any part of Gıda ve Sağlık;
• You acknowledge that you have read and agreed to our “Prohibited Activities” and will not send, post, upload, or transmit through Gıda ve Sağlık any unlawful Submission, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, deceptive or misleading,
• To the extent permitted by applicable law, you waive all moral rights in any such Submission,
• You warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the foregoing rights about your Submissions,
• You warrant and represent that your Submissions do not constitute confidential information.
You are solely responsible for your Submissions and you expressly agree to indemnify us for any losses we may incur due to your violation of (a) this section, (b) any third party’s intellectual property rights, or (c) any applicable law.
2. User Representations
By using Gıda ve Sağlık, you represent and warrant that you have the legal capacity and agree to be bound by these Legal Terms; you are over the age of majority in your jurisdiction of residence; you will not access Gıda ve Sağlık through automated or non-human means, whether through a bot, script or otherwise; you will not use Gıda ve Sağlık for any illegal or unauthorized purpose, and your use of Gıda ve Sağlık will not violate any applicable law or regulation.
We have the right to refuse any and all current or future use of Gıda ve Sağlık (or any portion thereof) if you submit any information that is untrue, inaccurate, not current, or incomplete.
3. Prohibited Activities
You may not access or use Gıda ve Sağlık for any purpose other than that for which we make Gıda ve Sağlık available. Gıda ve Sağlık may not be used in any commercial endeavors except those we expressly endorse or approve.
As a user of Gıda ve Sağlık, you agree not to:
• Systematically retrieve data or Content from Gıda ve Sağlık to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
• In the case of our support services, improperly use the service or submit false information regarding misuse or abuse.
• Use Gıda ve Sağlık in a manner inconsistent with any applicable law or regulation.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), which may or may not modify, impair, disrupt, alter or interfere with any party’s uninterrupted use of the Services or the use, features, functions, operation or maintenance of Gıda ve Sağlık.
• Engage in any automated system use, such as scripts to send comments or messages or using data mining, robots, or similar data gathering and extraction tools.
• Delete any copyright or other proprietary rights notices from any Content.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on networks or services connected to Gıda ve Sağlık.
• Copy or adapt Gıda ve Sağlık’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
• Use, launch, develop, or distribute any automated system, including but not limited to any spider, robot, cheat utility, scraper, or offline reader that accesses Gıda ve Sağlık, except as may be the result of standard search engine or Internet browser usage, or use or launch any unauthorized script or other software.
• Make any unauthorized use of Gıda ve Sağlık, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under pretenses.
• Use the Content for any revenue-generating endeavor or commercial enterprise.
4. Service Management
We reserve the right, but have no obligation, to (1) monitor Gıda ve Sağlık for violations of this Agreement; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or this Agreement, including, without limitation, reporting such users to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Submissions or any portion thereof; (4) in our sole discretion and without limitation, to remove from Gıda ve Sağlık or otherwise turn off all files and Content that are excessive in size or are in any way burdensome to our systems and (5) manage Gıda ve Sağlık in a manner designed to protect the rights and property of Gıda ve Sağlık and to facilitate the proper functioning of Gıda ve Sağlık.
5. Term and Termination
This Agreement shall remain in full force and effect while you use Gıda ve Sağlık. Without limiting any other provision of the Agreement, we reserve the right, in our sole discretion and without notice or liability, to deny access to and use of the Services (including blocking specific IP addresses) to any person for any reason or no reason, including, without limitation, breach of any representation, warranty or covenant contained in the Agreement or any applicable law or regulation. In our sole discretion, we may terminate your use of Gıda ve Sağlık or delete any content or information you post at any time without notice, in our sole discretion.
6. Modifications and Interruptions
We reserve the right to change, modify, or remove the content on Gıda ve Sağlık at any time or for any reason, in our sole discretion and without notice. However, we are not obligated to update any Gıda ve Sağlık information. We will not be liable to you or any third party for any changes, suspensions, or discontinuances of Gıda ve Sağlık.
We want and strive to ensure that Gıda ve Sağlık is always available; however, we cannot guarantee this. Gıda ve Sağlık may experience hardware, software, or other problems or require maintenance, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify Gıda ve Sağlık at any time or for any reason without notice to you. You agree that we will not be liable in any way for any loss, damage, or inconvenience caused by your inability to access or use Gıda ve Sağlık during any interruption or discontinuance of Gıda ve Sağlık. Nothing in the Agreement will be construed to require us to maintain and support the services we offer on Gıda ve Sağlık or to provide any corrections, updates, or releases in connection in addition to that.
7. Governing Law and Jurisdiction
This Agreement shall be governed and defined by the laws of Turkey. Gıda ve Sağlık and you irrevocably agree that the Turkish courts shall have exclusive jurisdiction to resolve any disputes arising with this Agreement.
8. Dispute Resolution
To expedite resolution and control the cost of any dispute (each a “Dispute” and collectively, the “Disputes”), controversy, or claim related to this Agreement brought by you or Gıda ve Sağlık (individually, a “Party” and collectively, the “Parties”), the Parties agree to attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating arbitration. Such informal negotiations shall commence upon written notice from one Party to the other Party.
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration.
Any claim or cause of action arising from or related to the use of Gıda ve Sağlık or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
The Parties agree that any arbitration shall be limited to the Dispute between them. To the maximum extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. The Parties agree that the following Disputes are not subject to the above informal binding arbitration provisions: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Disputes concerning or arising out of claims of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
10. Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY FOR ANY STATEMENTS IN THE CONTENT. NOTHING IN THE CONTENT IS PROVIDED FOR ANY PARTICULAR PURPOSE OR AT THE REQUEST OF ANY PARTICULAR INDIVIDUAL. WE WILL NOT BE LIABLE FOR ANY LOSSES ARISING OUT OF YOUR DOING OR INACTION TO DO ANYTHING AS A RESULT OF VIEWING, READING, OR LISTENING TO THE CONTENT OR ANY PART THEREOF.
The articles in Gıda ve Sağlık are written by experts in their fields, using available scientific materials as a source. However, due to the nature of science, WE CANNOT GUARANTEE THAT THIS INFORMATION IS CORRECT OR CONTAINS COMPLETE INFORMATION ON THE SUBJECT. THE INFORMATION CONTAINED IN GIDA VE SAĞLIK IS FOR GENERAL INFORMATION PURPOSES ONLY AND SHOULD NOT BE USED FOR DISEASE DIAGNOSIS OR TREATMENT PURPOSES. GIDA VE SAĞLIK DOES NOT GUARANTEE, ENDORSE, OR TAKE RESPONSIBILITY WITH RESPECT TO THE CONTENT IN THE FOLLOWING CASES:
• ACCURACY OR COMPLETENESS OF CONTENT,
• ERRORS OR INACCURACIES IN CONTENT AND MATERIALS,
• PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE ARISING FROM YOUR ACCESS TO AND USE OF GIDA VE SAĞLIK,
• UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND/OR ALL PERSONAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES BY ANY THIRD PARTY OR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED THROUGH THE SERVICES,
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES.
We use the appropriate methods currently offered by technology to ensure the security of user data. However, due to the nature of internet technology, WE CANNOT GUARANTEE THAT ANY METHOD OF DATA TRANSMISSION OR STORAGE IS 100% SECURE.
There may be links to other websites on Gıda ve Sağlık and in the Contents. We have no control over these websites’ content or privacy practices, and WE DO NOT ASSUME ANY LIABILITY ARISING FROM YOUR USE OF THESE SITES.
11. Limitations of Liability
IN NO EVENT WILL WE, OUR DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID BY YOU TO US. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
12. Indemnification
You agree to defend, indemnify and hold us harmless, including Gıda ve Sağlık and all of our respective directors and employees, from and against any loss, damage, liability, claim or suit, including reasonable attorneys’ fees and expenses, made by any third party or arising out of: (1) your use of Gıda ve Sağlık; (2) your breach of this Agreement; (3) the breach of your representations and warranties set forth in this Agreement; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act of any other user of Gıda ve Sağlık with whom you connected through Gıda ve Sağlık. Notwithstanding the preceding, we reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify, and you agree to cooperate in the defense of any such claim. We will use reasonable efforts to notify you of any claim, action or proceeding subject to this indemnification.
13. User Data
We will maintain certain data you transmit to Gıda ve Sağlık and data relating to your use of Gıda ve Sağlık. To learn more about what personal data we collect and how we use it, please visit our Privacy Policy.
Although we perform routine data backups, you are solely responsible for all data you transmit or related to any activities you undertake using Gıda ve Sağlık. You agree that we shall have no liability to you for any loss or corruption of such data, and you waive any right to action arising from any such loss or corruption of such data.
14. Miscellaneous
This Agreement and any policies or operating rules posted by us about Gıda ve Sağlık constitute the entire Agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement applies to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or portion of this Agreement is deemed unlawful, void, or unenforceable, that provision or portion of the provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us due to this Agreement or use of Gıda ve Sağlık. You agree that this Agreement will not be construed against us because we have drafted it. You waive any defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties to execute this Agreement.
15. Contact
To resolve a complaint regarding Gıda ve Sağlık or to receive further information regarding the use of Gıda ve Sağlık, please contact us at: [email protected]
Other language versions of the Terms of Use: Kullanım Şartları (TR) | Conditions D’utilisation (FR) | Términos de Uso (ES)