i) Siterobot shall examine all the applications made through 'Siterobot support' by people claiming the violation of any kind of intellectual and industrial property rights including but not limited to trademark and intellectual right. As a result of applications made to Siterobot through beneficiary protection program, Siterobot reserves the right to remove the website listings of the users, and suspend and cancel creation of accounts by users when required.
6. Banned Website
a) Offer of some websites for sale is banned as part of services provided by Siterobot. The website whose sale is banned for sale is specified at the 'Help' section of Siterobot, list of banned websites and annex of this Terms&Conditions.;
b) If the banned website is offered for sale by Siterobot and this situation is determined by Siterobot, Siterobot reserves the right to suspend the information about relevant banned website offered for sale and sale processes and/or not to return the listing costs of this website and/or to cancel the user account of seller who offered the banned website for sale, temporarily or permanently and/or to terminate the Terms&Conditions; without notification.
c) Siterobot may make a complaint or notify to the Public Prosecution Office and relevant regulation and supervision agencies, for the purpose of taking legal action against the seller, in the cases found necessary (sale of websites containing any kind of pornographic elements or insult, promoting terror and any kind of violence, tarnishing personal rights and commercial reputation, violating the intellectual rights), without prior warning to the seller. In the case when loss is incurred by users as a result of notification and/or information procurement by Siterobot regarding the sale of banned website, users accept, declare and undertake not to hold Siterobot responsible under any name or title, and claim for compensation under any circumstances. Seller accepts, declares and undertakes in advance that he/she will compensate all proceeding and other liabilities, including but not limited to compensation and attorney fees that may be incurred by Siterobot, in the claims for compensation asserted by third parties or institutions for the same reason.
Enabling the communication of users with each other and providing the Escrow infrastructure for the transactions between users via Siterobot lie at the basis of services provided by Siterobot.
7.1. Escrow System
a) Siterobot offers a payment system named as Escrow System to the buyer and seller at the stage of paying the price of website at transactions between buyer and seller. Detailed information regarding escrow system is found at the Escrow System section in the annex of this contract.
b) Users are directly and/or indirectly liable for all taxes, duties, charges and similar obligations that may arise from the sale of website that is purchased and sold by benefitting from the Esrow System and services or transactions related to the sale. None of the taxes, duties, charges and similar obligations that may arise from the sale and transactions belong to Siterobot.
7.2. Services offered related to Offer for Sale and Sale Transactions:
a) Sellers benefit from listing service for the promotional and informing listings related to the website offered for sale to be viewed by a large user community at any time during the day, and thus creation of a convenient and competitive market price.
b) Buyers are able to see the listings at Siterobot, create watchlists and place bids for buying the website offered for sale in the listing.
c) Sellers and buyers benefit from all kinds of communication services by using the Siterobot communication infrastructure, for topics such as price of sale of the website, delivery conditions and payment of website price, depending on the pricing models determined by sellers.
7.3. Siterobot Listing Doping
In addition to the above-listed services, users may benefit from listing doping services, including but not limited to social media support such as Twitter, Facebook, provided that they pay the prices specified at service prices section by Siterobot.
8. Siterobot Trusted Rank
a) Siterobot trusted rank is an evaluation and scoring system created totally by the initiative and evaluations of users, so as to enable a trusted communication and commerce between users and allow the users to have an opinion about other users. Users add new comments to the user profile and these comments are made based on their experiences and information they gained regarding the Siterobot services and use of Siterobot only.
b) All the legal and criminal liability about the comments that are made by users while creating profile details in the user account and adding new comments to the profile details belongs to the users who adds the comment. Siterobot shall accept no legal responsibility for the comments in profile details.
c) Users may, for no reason and by no means, act to manipulate the Siterobot trusted rank system; otherwise, they accept, declare and undertake that they will compensate all the loss realized by Siterobot about the situation and that Siterobot has the right to cancel the user account temporarily or permanently.
d) Comments added by users in the trusted rank system and rules that are defined in detail in this contract regarding comments will not be amended by Siterobot, under any circumstances.
e) Users may under no circumstances assign their User account profile details created for them to another user or let these details used by another user. The user who assigns his/her User profile to another user or allows it to be used by other users, accepts, declares and undertakes that Siterobot has the right to terminate the Terms&Conditions; unilaterally and without notification, and to cancel the account of user.
f) In the cases when users violate the rules specified at Siterobot or provision of Terms&Conditions;, they accept, declare and undertake that penalty points may be deducted by Siterobot from their profiles.
Siterobot shall announce the service fees regarding listing a website for offer for sale, using Escrow System and additional services, at Siterobot. Amendments in service fees shall be valid from the announcement date of amendment and in case of a campaign at prices, campaign prices shall be valid until the expiration date. Unless otherwise specified at Siterobot, fees that will be received for services at Siterobot shall be calculated and collected in Turkish Liras (TL) or USA Dollars.
11. Other Provisions
11.1. Intellectual Property Rights
a) All elements (all the work subject to copyright of Siterobot) at Siterobot (including but not limited to design, text, image, html code and other codes) are used as the property of Siterobot and/or by Siterobot under the license of a third party. Users cannot resell, share, distribute, demonstrate, reproduce the Siterobot services, Siterobot information and works subject to copyrights of Siterobot, process or prepare work derived from these, or allow others to access and use Siterobot services; otherwise, they will be responsible for all liabilities including but not limited to amount of compensation, court costs and attorney fees claimed from Siterobot due to losses incurred by third parties including but not limited to licensors.
b) All rights of Siterobot regarding Siterobot services, Siterobot information, works subject to copyrights of Siterobot, Siterobot trademarks, all assets including all tangible and intellectual property rights that it owns through commercial appearance of Siterobot or Siterobot, real and personal rights, commercial knowledge and know-how, are reserved.
c) Users accept, declare and undertake that they will act in accordance with the rules regarding the use of Siterobot trademark and logo.
11.2. Contract Amendments
11.3. Force Majeure
Under all conditions considered as 'force majeure' legally, Siterobot is not liable for delayed or incomplete performance or non-performance of any liability specified by the Terms&Conditions.; Such situations will not be considered as delay, incomplete performance or non-performance or default for Siterobot, regardless of the name under which, there will be no claim for compensation from Siterobot. 'Force majeure' shall be interpreted as events that are beyond the reasonable control of relevant party and cannot be prevented or avoided though that party pays due diligence, including but not limited to natural disaster, riot, war, strike, communication problems, infrastructure and internet malfunctions, power failure and adverse weather conditions.
11.4. Applicable Law and Jurisdiction
In the application, interpretation of Terms&Conditions; and governance of legal relations that arise within its provisions, Turkish Republic Laws and Legislation shall be applied. Any dispute arising or to be arised from Terms&Conditions; is entrusted to the exclusive jurisdiction of the Courts and Enforcement Offices of Bursa.
11.5. Termination of the Contract
Here in Terms&Conditions; shall be valid as long as the user owns an account at Siterobot, and have effect and bear consequence between parties; they will be considered to be invalid in the cases when time for account creation has expired for the user or user account is cancelled temporarily or permanently. Siterobot may terminate the Terms&Conditions; unilaterally in the violation of Terms&Conditions; or rules regarding use, creating an account and services at Siterobot, by users and especially in the below listed cases, and Users shall be liable to compensate all the damages incurred by Siterobot due to termination:
a) Offer of a banned website for sale at Siterobot by the seller and detection of this situation by Siterobot,
b) User's actions aimed to manipulate operation of Siterobot by any means,
c) Assignment of User Account created by user to someone else or allowing the account to be used by someone else,
d) User's actions that violate and/or may violate the rights of third parties,
e) Non-use of the Escrow System by user for purchase and sale transactions of the website he/she offers for sale.
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