Flier (the "Application") along with its associated offerings (collectively, the "Services") is managed by Özge Eren Demirgöz offers its users the ability to create and share social events with their friends or with everyone who uses the app. Users can share stories, connect their friends and invite them to the events created. These Terms of Use define the rules and guidelines applicable to events created and shared using the Flier application. Utilizing the Services implies acceptance of these Service Terms and Agreements (“Agreements”, “Terms”). When you access or engage with any portion of the Services, it indicates your comprehension and agreement to adhere to these Terms, inclusive of any modifications in the future. Any revisions or modifications to these Agreements will be undertaken by Özge Eren Demirgöz.
The Agreements outline the mutual responsibilities and rights of the User and the Provider concerning the Services and establish a crucial contract binding both parties (terms capitalized in this preamble, such as "User", "Provider", and "Services", are elaborated in the subsequent “Definitions & Interpretations” section). If you're perusing this, it's plausible you're either on the verge of, or already have, become a User. Thus, it's vital to thoroughly understand these Agreements as they significantly influence your rights and duties.
Should you be below the legal age, typically under 18, or lack full legal capacity to act, or even if you're a minor possessing mental competence but without parental consent, the Services aren't intended for you.
If any part of these Agreements doesn't align with your views, kindly refrain from utilizing the associated features and purge all related software and components of the Services from your systems and devices.
Regardless of your intentions or your stance on these Agreements, it's recommended to review the Provider's Privacy Policy. This documentation elucidates the manner, timing, and reasons for the Provider gathering individual data, the methodology and objectives for processing this data, who manages them, and the rights individuals possess concerning their personal data.
The following terms, when capitalized, shall have the meanings ascribed to them below:
Data Subject: any natural person (individual) to whom any of the Personal Data relate;
Feature : a component, property or an aspect of the Service;
GDPR: Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
LPPD: Regulation (TR) 2016/6698 of Law on the Protection of Personal Data of 7 April 2016.
Intellectual Property: any and all trademarks, service marks, domain names and business names, brands, rights pertaining to inventions, designs, databases and proprietary information (including, without limitation, trade secrets and know-how), patents, copyrights (including both economic as well as moral rights) and any and all other items treated as intellectual property or rights thereof under applicable law;
Party: each of the User and the Supplier (collectively, "the Parties");
Personal Data: any information relating to an identified or identifiable natural person (individual). This term has the same meaning as 'personal data' under the GDPR and LPPD;
Privacy Policy: the Supplier's privacy policy.
Service: social calendar app that gives you the ability to share and join the events.
Software: the Supplier's developed computer programs and desktop or mobile applications in relation with the Service as the Supplier may make available in conjunction therewith, including such patches, updates, upgrades, other modifications, and replacements thereof as the Supplier may from time to time provide. Each of the foregoing may take the form of an on-demand service, a local installation or a combination thereof;
Supplier: Özge Eren Demirgöz, registered tax number of …….. and tax office of …….., established and doing business at ………., email erenn.ozge@gmail.com, telephone +905064957669
Terms: these terms and conditions of service including its addendums, the Agreement;
User or “You”: anyone other than the Supplier that downloads, saves, installs, uses, accesses, interacts with, or is the recipient of the Service or possesses or controls, directly or indirectly, any item that forms part of the Service, including, without limitation: (a) the Customer; (b) anyone who accesses a resource (e.g., visits a web page or retrieves a file, information or other object) that is located on the Service or forms a part thereof; (c) anyone with a copy of any Software. (d) anyone who signs up to the Service and uses it whether within a paid or free of charge Service. Each User should interpret this term as referring specifically to him/her unless the context otherwise requires;
User Data: any data, including Personal Data, that Supplier process (e.g., collects, enters, records, stores, alters, arranges, deletes, uses, transmits, discloses or makes available);
Paid Service, Subscription: defines each order, payments for remove ads feature or subscription which is given by the User via making payment to the Supplier through Stores or payment processors.
In these Terms: (a) the words "herein", "hereto", "hereof", "hereunder", "hereby" and "herewith" refer to the Agreement; (b) words denoting a gender or genders are to be construed as referring to all genders appropriate in the context; and (c) save where the context clearly otherwise determines, the word "item" means any legal object, i.e., anything tangible or intangible (including any electronic object and any right or other benefit) that is capable of being the object of a right, duty or a capacity. This Agreement constitutes the entire contract between the Parties relating to the subject matter hereof, superseding all prior agreements and understandings of the Parties concerning that matter. If any provision of the Agreement conflicts with any Service-related information provided elsewhere, the provision in the Agreement shall prevail.
Flier ("Licensed Application") is a piece of software created to help people record videos professionally and customized for iOS and Android mobile devices ("Devices"). It is an app that gives you the ability to share and join events.
User Content
The apps allow the submission of information, content and materials (photographs, location, phone number and mail) by you and other users, and the hosting, sharing and/or publishing of such user submissions. You shall be solely responsible for your own user submissions and the consequences of posting or publishing them. In connection with your content, you affirm, represent, and warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use, and authorize Özge Eren to use, all intellectual property and any other proprietary rights in and to any and all of your content to enable inclusion and use of your content in the manner contemplated by the apps and these terms; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in your content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your content in the manner contemplated by the apps and these terms. For clarity, you shall retain all of your ownership rights in your content. Özge Eren assumes no responsibility whatsoever in connection with or arising from user submissions. Özge Eren assumes no responsibility for actively monitoring user submissions for inappropriate content. If at any time Özge Eren chooses, in its sole discretion, to monitor user submissions, Özge Eren nonetheless assumes no responsibility for the content of the user submissions, no obligation to modify or remove any inappropriate user submissions, and no responsibility for the conduct of the user submitting user submissions. Özge Eren makes no warranties, express or implied, as to the content of user submissions or the accuracy and reliability of any user submissions.
You alone are responsible for your content, and once published, it cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in your content that makes you personally identifiable or provides others with information to locate you or determine places that you have visited, are visiting or are planning to visit. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You may not imply that your content is in any way sponsored or endorsed by Özge Eren. You may expose yourself to liability if, for example, your content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
The Service and Apps, inclusive of materials, such as software, application programming interface, design, text, editorial materials, informational text, photographs, illustrations, audios, stock audios, audio clips, video clips, artwork and other graphic materials, and names, logos, trademarks and services marks, any and all related or underlying technology and any modifications, enhancements or derivative works of the foregoing, are the property of Özge Eren Demirgöz and its licensors, and may be protected by applicable copyright or other intellectual property laws and treaties. As between you and us, Özge Eren Demirgöz retains all right, title and interest, including all intellectual property rights, in and to theÖzge Eren’ materials. Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, reshare, display, transmit, broadcast, transfer or distribute any portion of the Service to any third party, including, but not limited to your affiliates, or use the Service in any service arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the App or Service or Features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or App; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Service, App or Website, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service, App or Website, or any part thereof; (v) take any action that imposes or may impose (at Özge Eren Demirgöz’s sole discretion) an unreasonable or disproportionately large load on the Vidovi Website or App’s infrastructure or infrastructure which supports the Website, App or Service; (vi) interfere or attempt to interfere with the integrity or proper working of the Service, App or Website, or any related activities; (vii) remove, deface, obscure, or alter Vidovi Website or App’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service, App or Sites, or use or display logos of the Service, App or Website without Özge Eren Demirgöz’s prior written approval; (viii) use the Service, Website or App for competitive purposes, including to develop or enhance a competing service or product; or (ix) encourage or assist any third party to do any of the foregoing. You as the User shall not, without the Supplier's prior explicit consent, sublicense, assign, encumber, share, or otherwise dispose of any of his rights or obligations hereunder. The Supplier may: (a) sublicense, assign, encumber and otherwise dispose of any and all of its rights hereunder; and (b) assign this Agreement, i.e., all its rights and obligations hereunder, or cause the same to be transferred: (i) to its parent, any of its wholly- or majority-owned subsidiaries or a wholly or majority-owned subsidiary of its parent; or (ii) to another entity specified in the definition of "Supplier"; or (iii) as part of the Supplier's general succession (including merger, acquisition and transformation), division, transfer of the enterprise (or a substantial, coherent part of the enterprise) to which the Agreement pertains or divestiture of all or substantially all of its assets as a whole; or (iv) due to the Supplier ceasing to hold rights in the Software or the Service. Where a Party's consent is required, it shall not be unreasonably withheld or delayed.
Subject to the terms of these Terms and Conditions, Özge Eren Demirgöz grants you a non-transferable, non-exclusive license to download, install, and use one copy of each App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate any App or any part thereof. Özge Eren Demirgöz and her licensors own and shall retain all intellectual property rights and other rights in and to the App, and any changes, modifications, or corrections thereto. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and Özge Eren Demirgöz, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and Özge Eren Demirgöz acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and Özge Eren Demirgöz acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, Özge Eren Demirgöz, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third-party terms of agreement when using any App. You and Özge Eren Demirgöz acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third-party beneficiary thereof.
The Users who want to utilize all Paid Services of the Service in the future are required to create an order or make the payment which will be offered as Paid Service (including In-App Purchases) of the Service. The payment is done through the payment processors which are integrated with the marketplaces, i.e., Google Play Store and Apple App Store. The User acknowledges that: (a) her/his payments are handled by third-party service providers; (b) the Supplier is not responsible for these parties or their services and has no liability as concerns payment processing; (c) late payment may result in the suspension of Service, restriction of access to certain or all the Features or the termination of the Agreement. The billing of the purchase for Users will be conducted by the marketplaces which are the payment processors for Service and App Purchases.
All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third parties. In no event will Özge Eren Demirgöz be responsible for the actions or inactions of any third-party payment processor, including, but not limited to, system downtime or payment service outages.
If Özge Eren Demirgöz suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, any Content or data associated with your use of the Service, or for anything else.
Özge Eren Demirgöz may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of Özge Eren Demirgöz’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Özge Eren Demirgöz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Notwithstanding anything in these terms or elsewhere to the contrary and to the fullest extent permitted by applicable law:
Note on interpretation: the terms “controller” and “processor” have the meanings assigned to them in the GDPR. Each of the User acknowledges that certain Information relating to him is collected and otherwise processed by the Supplier or its nominees. Where such information constitutes Personal Data, the respective processing is subject to the Privacy Policy. The Privacy Policy lists a number of purposes for which the Supplier may process Personal Data. In the User's case, the processing is largely warranted by the Supplier's preparation and performance of contracts between itself and the User (notably, the Agreement and transactions related to the Agreement) and the need to comply with certain legal obligations to which the Supplier is subject (e.g., obligations arising from legislative or regulatory acts concerning taxation, accounting, financial reporting, prevention of terrorism or money laundering, or judicial or administrative process). However, the purposes of the processing may not be limited to the above. The Privacy Policy gives a more thorough account of the purposes for which the Supplier (as a “controller”) processes Personal Data and of other matters concerning such processing.
Any warranty of the Supplier not expressly stated herein shall be deemed withheld. The Supplier disclaims, to the maximum extent permitted by applicable law, all statutory and implied warranties and course of performance, course of dealing and usage related expectations with respect to the Service. Without prejudice to the generality of the foregoing, the Supplier in particular makes no representation and gives no warranty or guarantee: (a) that the Service is fit for any particular purpose, accurate, timely, of satisfactory quality, enjoyable, available regardless of, or in any specific, jurisdiction, or non-infringing of third-party rights; (b) that access to or the operation or use of the Service will be uninterrupted, secure or error-free; (c) that any error or defect in the Service will be corrected; (d) that the Service or any means by which it is accessed or used is free of malware or other harmful components; (e) with respect to any third-party item; or (f) to anyone who is not a User. The Supplier's disclaimers in connection with the Service apply both to the Service as a whole and each component thereof.
You agree to indemnify, defend and hold harmless Özge Eren Demirgöz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The Supplier may give notice to the User: (a) through a Feature, e.g., by posting the notice on a web or mobile application page that forms part of the Service or using a messaging feature of a locally installed Software application. A notice shall be deemed to have been received: (a) the same day if given through a Feature; (b) the next day if given by email; or (c) in the case of a notice sent by mail or courier, and providing that delivery charges have been paid, five days after posting or the courier taking charge of the notice.
The law applicable to the Agreement and the Parties' relations, the venue for resolving disputes and the forum competent to hear such disputes depend on the identity of the Supplier, i.e., which of the entities specified under the definition of "Supplier" the User contracted with. Where the Agreement is between the User and Özge Eren Demirgöz:
The above provisions notwithstanding, the Supplier may, in its absolute discretion, assert and seek protection of its intellectual property and rights concerning confidential information or data processing in any forum anywhere in the world (including by way of injunction and other preventive measures).
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Please note that we may update these Terms and Conditions from time to time to reflect changes in our practices or for other operational, legal, or regulatory reasons. Always review our Terms and Conditions regularly to stay informed.
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