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© 2019     shopilive.com

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GENERAL TERMS AND CONDITIONS AGREEMENT

 

ARTICLE 1- USER CONDUCT AND CONTENT

1.1 You must comply with the laws that apply to you in the location that you access our Services from. If any laws applicable to you restrict or prohibit you from using our Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using our Services.

1.2 You promise that all the information you provide to us on accessing and/or using our Services is and shall remain true, accurate and complete at all times.

1.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Services by you or another user (“Content"). You understand and agree that all content that may be sent by you when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.

1.4 You agree not to upload, communicate, transmit or otherwise make available any Content: that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable; that is or could reasonably be viewed as invasive of another's privacy;

that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred; which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information); which infringes any intellectual property right or other proprietary right of others;

which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or which 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.

1.5 You agree that you will not:

Use our Services to harm anyone or to cause offence to or harass any person;

Create more than one account per platform to access our Services;

Use another person's or entity’s email address in order to sign up to use our Services; Use our Services for fraudulent or abusive purposes (including, without limitation, by using our Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Services);

disguise, anonymize or hide your IP address or the source of any Content that you may upload; Use our Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications; Remove or amend any proprietary notices or other ownership information from our Games or any other part of our Services;

interfere with or disrupt our Services or servers or networks that provide our Services; Attempt to decompile, reverse engineer, disassemble or hack any of our Services, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;

'harvest', 'scrape' or collect any information about or regarding other people that use our Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);

Sell, transfer or try to sell or transfer an account with us or any part of an account, Virtual Money; disobey any requirements or regulations of any network connected to our Services; Use our Services in violation of any applicable law or regulation; Use our Services in any other way not permitted by these terms.

1.6 We have the right to remove uploaded Content from our Services if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Services into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use our Services and we make no undertaking to do so.

1.7 You are solely responsible for your interactions with other users of our Services.

 

ARTICLE 2- RESTRICTED SHOPPING ITEMS

2.1 It is restricted to sell through Shopilive.com prohibited products including : imitated/counterfeit goods, products that are contrary to the human rights or mental health of young people and children, Products that may breach and exploit animal rights, Prescription and non-prescription drugs (including Doping and performance enhancement medicines), over-the-counter drugs, Synthetic stimulants, contact lenses, slimming tablets, Violent products that are against human dignity, public order, general morals, public order and health, any product derived from illegal means, Food products non-compliant to the Turkish Food Codex Communiqué No: 2013/49 of the Ministry of Agriculture of the Republic of Turkey, Products for which purchase is subject to state license/ permission, alcoholic beverages, live animals, Stolen goods, human organs, illegal/ prohibited products, any kind of special (news, photographs, images, phone numbers, emails, residence addresses) and any other tangible and intangible items that may infringe personality rights, Falsified documents such as identities, passports, identification cards, residency permits, academic titles, any other titles of dignity, cryptocurrencies, copied and unlabeled products, cultural and natural assets, promotional products of brands(like free samples...Etc.), locksmiths, Game copying products, Web Attack and Program Penetration Software, banned publications, radar detectors, official uniforms, fake products, Salvia Divinorum, Cannabis, cigarettes and tobacco products, Lottery tickets, Traffic devices (radar jammers, etc.), TV decoders and decrypted decoders, Veterinary medicinal products, Flammable and explosive substances, any sexual / pornographic material, Banned multimedia/ publications, serial numbered products(like weapons, ammunition, ...Etc.), and any other(tangible/ intangible) material that may cause harm to humans, animals, and the environment.  

 

ARTICLE 3- LINKS

3.1 We may link to third party websites or services from our Services. You understand that we make no promises regarding any content, goods or services provided by such third parties and we do not endorse the same. We are also not responsible to you in relation to any losses or harm caused by such third parties. Any charges you incur in relation to those third parties are your responsibility. You understand that when you provide data to such third parties you are providing it in accordance with their privacy policy (if any) and our own privacy policy does not apply in relation to that data.

 

ARTICLE 4- TRANSFERRING THESE TERMS

4.1 We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.

 

ARTICLE 5- ENTIRE AGREEMENT

5.1 These terms set out the entire agreement between you and us concerning our Services and they replace all earlier agreements and understandings between you and us.

 5.2 We are not responsible for:

Losses or harm not caused by our breach of these terms or negligence;

losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;

any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Service;

Any increase in loss or damage resulting from breach by you of any of these terms and conditions; or technical failures or the lack of availability of any of our Services where these are not within our reasonable control.

5.3 For any losses or harm (other than those mentioned in paragraph 5.2) in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.

5.4 Subject to paragraph 5.5 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Products/Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Products/Services is to discontinue your use of our Services.

5.5 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

 

ARTICLE 6- CHANGES TO THESE TERMS

6.1 You can find these terms at any time by visiting about.shopilive.com/consumer-agreement.

6.2 We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so for a number of reasons including without limitation because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using our Services.

 

ARTICLE 7- SEVERABILITY

7.1 If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.

 

ARTICLE 8- WAIVERS OF OUR RIGHTS

8.1 Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.

 

ARTICLE 9- COMPLAINTS AND DISPUTE RESOLUTION

9.1 Most concerns can be solved quickly by contacting us at contact@shopilive.com.

9.2 In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Turkey.

 

ARTICLE 10- JURISDICTION AND APPLICABLE LAW

10.1 Our Services are made available subject to these terms. This section explains which laws apply to these terms.

If you are resident outside Turkey, then you are contracting with shopilive.com Limited whose address is Şahkulu Mahallesi, Şahkulu Sokak 8, Beyoğlu/ Istanbul, Türkiye and the laws of Turkey shall govern the interpretation of these terms and apply to claims for breach of it, without reference to conflict of laws principles. All other claims, including claims regarding consumer protection laws, unfair competition laws, and claims in negligence and tort, will be subject to the laws of the country in which you are resident. If there is a dispute between us regarding these Terms of Use, then that dispute will be subject to the jurisdiction of the courts of Turkey unless the law in your country of residence allows you to choose the courts of that country for the dispute in question.

 

ARTICLE 11- AVAILABILITY OF THE SERVICE

11.1 We do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Money or any other part of our Services which have been paid-for with real money, we warrant that they will be provided with reasonable care and skill. We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We make no warranty or representation regarding the availability of the Services which are provided free of charge (i.e. not paid-for with real money) and we reserve the right to modify or discontinue them in our sole discretion without notice to you, including for example, for economic reasons due to a limited number of users continuing to make use of them over time, for technical reasons (such as technical difficulties experienced by us or on the internet) or to allow us to improve user experience. We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.

Limitation of Liability

11.2 Subject to paragraph 20.3 below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.

11.3 Any additional legal rights which you may have as a consumer remain unaffected by these terms.

 

ARTICLE 12- INTELLECTUAL PROPERTY

12.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to our Services (other than Content which is contributed and owned by members) is owned by or licensed to us.

12.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and/or use our Services (but not any related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Services for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.

12.3 YOU ACKNOWLEDGE AND AGREE THAT, OTHER THAN LICENSE GRANTED TO YOU BY THESE TERMS, YOU SHALL HAVE NO OWNERSHIP OR PROPERTY INTEREST IN ANY OF OUR SERVICES, INCLUDING WITHOUT LIMITATION ONLINE ACCOUNTS, ANY VIRTUAL MONEY. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.

12.4 In particular, and without limiting the application of paragraph 21.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Money, whether on a free of charge basis or otherwise.

12.5 By submitting content via our Services you:

Are representing that you are fully entitled to do so;

grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;

acknowledge that you may have what are known as “moral rights" in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and

agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.

12.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other user of our Services. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to contact@shopilive.com:

A description of the intellectual property rights and an explanation as to how they have been infringed; a description of where the infringing material is located; your address, phone number and email address;

a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorized, and (ii) the information that you are providing is accurate, correct, and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and a physical or electronic signature of the person authorized to act on behalf of the owner of the exclusive right that has allegedly been infringed.

 

ARTICLE 13- YOUR BREACH OF THESE TERMS

13.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:

Delete, suspend and/or modify your account or parts of your account;

Otherwise suspend and/or terminate your access to our Services;

Modify and/or remove any Virtual Money that may be associated with your account.

13.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.

 

ARTICLE 14- QUESTIONS ABOUT THESE TERMS

14.1 If you have any questions about these terms or our Services you may contact us by email at contact@shopilive.com