This Membership Agreement (hereinafter will be referred as "Agreement") is entered into by and between:
MOBILUS Yazılım Bilgisayar İletişim Sanayi ve Ticaret Anonim Şirketi (hereinafter will be referred as "MOBILUS") a Turkish company registered in Üniversiteler Mah. İhsan Doğramacı Bulvarı Bina No: 19 Silikon Blok Zk/11 ODTÜ Teknokent, Çankaya/Ankara Turkey and acting under Law of Turkish Republic, also is the creator and the owner of all intellectual property rights of http://www.invidyo.com (hereinafter will be referred as "Site")
and
the member (hereinafter will be referred as "Member") who is any real or legal person desiring to benefit from the products and services that are provided in the Site as a potential purchaser.
This Agreement designates the terms and conditions for Membership.
Member, upon membership to the Site, accepts, declares and commits that s/he read this Agreement and understood all the consequences of its content and irrevocably accepts all of the terms and conditions stated herein.
TERMS and CONDITIONS:
Members shall be entitled to benefit from the products and/or services provided in the Site as a purchaser.
Upon acceptance of this Agreement herein:
If, after the electronic acceptance of this Agreement, MOBILUS finds that the person accepted this Agreement on behalf of the Legal person is not authorized to bind the legal entity, the person shall be personally responsible for the obligations contained in this Agreement, including but not limited to the payment obligations. MOBILUS shall not be liable for any damage or loss resulting from relying on any instruction, notice, document or communication reasonably believed by MOBILUS to be genuine and originating from an authorized representative of the legal entity.
Furthermore, the Member hereby accepts, declares and undertakes that s/he will use the services provided in the Site in accordance with the membership, is authorized to log in to the Site and is solely responsible for the selection and use of such services.
It is in MOBILUS’s sole discretion to terminate any not approved or inactive Memberships.
Each Member is solely responsible to keep his/her user name and password confidential. Members shall not disclose such information to third parties and also shall not allow such information to be used by third parties. Also the Member shall inform MOBILUS immediately in case s/he finds out any abuse or misuse of his/her personal information. MOBILUS shall have the right to terminate the membership and/or block access to the Site in order to prevent any further unauthorized use.
The Member is responsible for providing necessary equipment and supplementary services in order to log in to the Site.
The information submitted to the system by the Member can only be accessed and altered by this Member.
In case the Member agrees to purchase a service and/or product promoted under the Site, the credit card information required from the Member during the payment process shall in no event be kept in MOBILUS or third party service providers’ servers in order to provide the highest level security to the Members. In this respect, all payment transactions are realized between the related bank and the Member’s computer through the Site’s interface.
Additionally MOBILUS uses a TLS 1.2 protocol, which is the next generation of the widely used SSL for communication security in order to protect the Member’s personal information. All video data that is transmitted between Member’s camera and our servers is also protected using strongest encryption standards available.
Members hereby accept and commit to use the Site and the services provided on the Site in accordance with the applicable laws. Members are solely responsible for any legal and/or criminal liability arising from their actions while using the Site and the services provided on the Site. Members hereby acknowledge, declare and commit that all the content that s/he provided or uploaded to the Site is in compliance with all applicable laws, especially with Criminal Law, Internet Law and does not constitute any infringement to the Site and/or to real and/or individual rights or properties of the third parties and accepts and agrees that all the information s/he provided is accurate. Any member in breach of the above-mentioned restrictions shall solely be responsible for any and all claims and damages of any third party, administrative or legal authority. Under no circumstances shall MOBILUS be held contractually or legally liable for the content and information provided by the Member.
The Member also commits that MOBILUS is the sole owner (including intellectual and industrial property rights) of any content in the Site generated by MOBILUS and the Member shall not duplicate, copy and distribute MOBILUS’s content and not use such content to compete with MOBILUS directly or indirectly.
Member hereby accepts, commits and declares that; in any contradiction to applicable law or due to any administrative decisions or due to any force majeure reasons, MOBILUS may seize the services it provides upon a prior written notification and the Member waives all his/her claims and rights due to suspension of the services.
The Member agrees to protect, defend, indemnify and hold harmless MOBILUS and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by MOBILUS directly or indirectly arising from:
The indemnification obligations under this section shall survive after any termination or expiration of this Agreement.
This Agreement shall become valid upon electronically acceptance by the Member and shall remain in force as long as the member remains as a Member of the Site and continue to be effectual; and considered terminated in the cases where Member’s membership is temporarily or permanently ceased.
This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions thereof. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
MOBILUS may amend this Agreement at any time by posting a revised version on the Site and notify the Member by sending a notice via email or postal mail, or by some other appropriate means. The revised version will be effective at the time MOBILUS posts it. After reviewing such modifications, if the Member does not agree with the new Agreement, the Member is free to reject them; however, if the Member does reject the new Agreement, the Member will no longer be able to use the Site and Services. The Member’s use of the Site following such notification constitutes the Member’s acceptance of the terms and conditions of this Agreement as modified.
The Parties state, accept and undertake that the books and records, computer records, the confirmed fax messages, e-mails of both Parties shall be regarded and used as valid, final and concrete evidences through the resolution of any dispute that may arise from this Agreement.
The Privacy Policy partaking in the Site is an inseparable part and attachment of the Membership Agreement herein.
By becoming a Member of the Site, the Member accepts, declares and undertakes that he has read this Membership Agreement in full, understood the content in its entirety and accepted all the provisions.
Last update: 1 JANUARY 2016