Terms of Use

20 January 2015
The Terms of Service prescribing and consisting of the conditions and the legal liabilities mentioned below shall be read and comprehended thoroughly prior to the download or/and the usage of this mobile application. Please do not attempt to download nor use this application, should the content of this Terms of Service hereby is not convenient for you. Please note that by downloading Socialeyes and providing your personal data, you agree to be bound by these Terms of Service. Socialeyes reserves the right to modify, amend and/or update these Terms of Service completely or partially at its own convenience, the users shall be deemed to have accepted all the amendments, the modifications and the revisions that are made by Socialeyes beforehand. It is strongly recommended for all users to read these Terms of Service whenever they access this mobile application in order to keep track of the updates regarding the revisions to this Terms of Service. The date of the last revision to these Terms of Service is indicated above. Additionally, when using certain features of the Socialeyes Application (“the Application”), you may be subject to additional terms applicable to such services that may be posted within the Application from time to time such as the Socialeyes Privacy Policy. All such terms are hereby incorporated by reference into these Terms of Service.

The Service

Socialeyes is a mobile application that is designed to provide a social network, enabling users to share status updates, pictures and locations through the profiles they set up, provided by Canka Net Information & Marketing Services Commercial LC (“CankaNet”).

Conditions of Use

Please note that all services provided by and all/any features contained within the Application (“the Service”) will be used in accordance with the conditions set out below; You must be at least 13 years old to use the Service. Contingent on your compliance with these Terms of Service , Socialeyes hereby grants you permission to use the Service, if and only if you agree to be obligated that: (i) you will not use the Service on behalf of any third party individuals or corporations, (ii) you will not register and/or post any; false, inaccurate and misleading information that may or may not violate general moral values and you will not post violent, nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive content via the Service and any content that are in contradiction with the relevant legislation; (iii) you will comply with all laws, rules and regulations in your country when using the Service therefore you agree that you will not use the Service for any illegal or unauthorized purpose; (iv) you will not resell or charge others for use of or access to the Service; (v) you will not duplicate, transfer, give access to, copy or distribute any part of the Application on any conduit and/or platform without Socialeyes’ prior written authorization; (vi) you will not use any; usernames, passwords, IP addresses, domain names or access to any information that belong to other users and without permission; (vii) you will not attempt to reverse engineer, alter or modify any part of the Service and/or the Application; and (viii) you will otherwise comply with the terms and conditions of these Terms of Service as well as Socialeyes Privacy Policy. You agree and acknowledge that your interaction with other users of the Service, whether online or offline, is at your sole responsibility, and by extension that Socialeyes cannot be held responsible or liable for the conduct of any user. Please note that you are solely responsible for any data, text, files, information, usernames, images, photos, profiles, audio and video clips, musical works, works of authorship, applications, links and other content or materials (collectively, "Content") that you submit, post or display on or via the Application and your conduct within, towards or through the Service. Socialeyes reserves the right to restrain, refuse and/or block your access to the service for any reason at any time but especially in cases of non-compliance with these Terms of Service and Socialeyes Privacy Policy. Please note that you will be held solely liable for any damages and/or claims that may arise out of non-compliance with these Terms of Service and Socialeyes Privacy Policy as stated above. Furthermore, you will be deemed to have accepted in advance to be held responsible for any civil and/or criminal liabilities contingent upon such non-compliance. In order to access and use the features of the Application, you acknowledge and agree that you will have to provide Socialeyes with your personal information including but not limited to your name and e-mail address. Upon downloading the Application, you will need to set up a profile which you will access through an e-mail address you have provided and your personal password. You will not share your password with other users and/or third parties, please keep in mind that you are solely responsible for keeping your password secret and secure. Socialeyes will keep your password encrypted solely for retrieval purposes in order for you to access your profile in case you forget your password. You expressly acknowledge and agree that in order to provide the Service, Socialeyes may periodically access your profile and/or friends list and also disclose your location to your friends/other users of the Service unless you prefer otherwise via the “Settings” feature embedded in the Application. When providing your personal data, you must provide accurate and complete information. You hereby give your express consent to Socialeyes to access your mobile device through the Application in order to provide the services that are defined by these Terms of Service. Please note that Socialeyes, apart from the right to modify, amend and/or update these Terms of Service completely or partially, also, in its sole discretion, has the right to change, modify and/or discard the scope of the Service and/or any feature of the Application, any conditions of service and/or the terms regarding the service provided by the Application with or without any prior notice. You, by agreeing to these Terms of Service, hereby grant Socialeyes the right to place advertisements and/or promotions within the Application or on, about, or in conjunction with your Content which may or may not appear on your profile, profiles of other users and/or on any section of the Application. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.

Payment

In order to use the services provided by the Application, you need to download Socialeyes on your mobile device. The fees and payment conditions can solely be determined by Socialeyes. You agree that Socialeyes has the right to change the fees and payment conditions at its own convenience. You expressly acknowledge that Socialeyes will not have any liability towards any users for any alterations regarding the fees and payment conditions.

Third Party Web-Sites

Please note that Socialeyes does not control, maintain or endorse third-party content such as links from the Application or from communications you receive from the Application, to third party web-sites or features as well as features in images or comments within the Application. The Service may permit interactions between the Application and a third-party web site or feature, including applications that connect the Application or your profile on the Application with a third-party web site or feature. For example, the Application may include a feature that enables you to share your Content with a third party, which may be publicly posted on that third party's service or application or enables your data on a third-party service to be posted or shared on the Application. In cases where it’s required for you to log in to your account on the third-party service in order to use the functionality mentioned above you do so at your own risk. You expressly acknowledge and agree that Socialeyes is in no way responsible or liable for any such third-party services, their features or their content.

Facebook Authentication

With respect to personalization of the services Socialeyes offers you the option to sign in with your Facebook account in order to use the services. Please note that a subset of all the information, your personal data and your Facebook profile details that you have made available to Facebook will be accessible by Socialeyes upon your authorization of Facebook, additional information, if any, will be requested of you by the Application. Socialeyes will use, store and disclose the above mentioned information in accordance with its Privacy Policy. Nevertheless, please remember that Socialeyes shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Application, accordingly; the manner in which Facebook uses, stores and discloses your information is governed solely by its policies.

Intellectual Property Rights

You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the software and the technology underlying the Application . Please note that Socialeyes holds all property rights and licenses to above mentioned software and technology that are distributed in connection with the Service. You acknowledge and agree that any usage of the Socialeyes name and logos along with Socialeyes graphics and interactive features that are considered to be trademarks and service marks of Socialeyes without the prior written permission of Socialeyes is strictly prohibited and will be subject to all possible legal sanctions to the full extend. Furthermore, the Application and/or the services provided by the Application may contain content that are trademarks and service marks of third parties that are not affiliated with Socialeyes and that are protected by copyright, trademark, patent or other proprietary rights and laws, you will be held solely liable towards the above mentioned third parties in cases of any infringement and violation of these rights.

Disclaimer of Warranties

Your use of the service is at your sole risk. Socialeyes expressly disclaims all warranties of any kind, whether express, implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Socialeyes makes no warranty that (i) the service will be uninterrupted, timely, secure, or error-free, (ii) the results that may be obtained from the use of the service will be accurate or reliable including but not limited to outcomes of any promotions and/or any advertisements which may posted/shared or which are included within the content of other users, (iii) the service will meet your requirements, additionally Socialeyes assumes no liability or responsibility for any; (i) any bugs, viruses, trojan horses, or the like which may be transmitted to or through our service through the actions of any third party, and/or (ii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Socialeyes service.

Limitation of Liability

You expressly understand and agree that Socialeyes will not be liable for any kind of loss or damages whether; indirect, incidental, economic, consequential or exemplary or damages arising out of including but not limited to loss of use, data or other intangible losses, resulting from: (i) the Service; (ii) the content of the Application and/or the Service; (iii) user Content; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of any third party on the service; (vi) any action taken regarding copyright or other intellectual property owners;(vii) conduct of any third party on the Service; (viii) your use or the inability to use the Service; or (ix) any other matter relating to the Service. Please note that Socialeyes cannot be held liable towards you for all damages, losses or causes of action at amounts exceeding the amount you have paid Socialeyes in the last six (6) months, or, if greater; 100 U.S. Dollars.

Time Limitation on Claims

You agree that any claim you may have arising out of or related to your relationship with Socialeyes must be filed within one week upon the incident(s) giving rise to the claim occurs to you and in any case within one (1) year after the occurrence of the incident; otherwise, your claim is permanently barred.

Termination

You acknowledge and agree that Socialeyes reserves the right to terminate or suspend your account (or any part thereof) for any reason and without notice. Socialeyes can also remove, change and discard any content within the Application, for any reason, including but not limited to violation of these Terms of Service. The service provided by the Application may be ceased and/or terminated for an indefinite period by Socialeyes with or without notice for any reason. You agree that Socialeyes will not have any liability towards you or any other user for termination of an account or the cessation of the services provided by the Application. Any suspected abusive or illegal activity may be grounds for termination of your use of Service, and may be referred to appropriate law enforcement authorities. You agree that Socialeyes without any prior notice reserves the right to immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service.

Governing Law

These Terms of Service is governed by, and construed in accordance with the laws of the Republic of Turkey, any disputes arising out of or in connection with these terms of service will be resolved in Istanbul Central Courts and Execution Offices. Socialeyes reserves the right to limit the Service and/or restrict any feature of the Service in cases where the distribution of such services may contradict the regional legislation. In such events Socialeyes cannot be held liable nor in any way will be responsible towards you or any users for not providing the Service properly.

Indemnity

You agree to indemnify, hold harmless and defend the Socialeyes Parties ( the officers, directors, employees of Socialeyes), against and from all obligations, claims, damages, debts, liabilities and expenses including prospective judicial expenses, that are in connection with or arising out of ; (i) your access and use of Socialeyes, (ii) your infringement of these Terms of service (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right, (iv) your violation of any laws, rules, regulations and legislations. You agree to cooperate fully and within the boundaries required by Socialeyes in cases of any defense of any and all claims. Please bear in mind that the indemnification obligation defined above will survive your use of the Application and these Terms of Service therefore will be effective regardless of cessation of the distribution

Ability to Accept Terms of Service

Please note that by using the Application and by extension agreeing to these Terms of Service you affirm that you are either more than 13 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. If you do not fulfill the requirements set out above please do not use Socialeyes.

Assignment and Severability

You may not transfer or assign these Terms of Service or assign any rights and licenses granted hereunder or delegate any obligations, in whole or in part, whether by operation of law or voluntarily without the prior written permission of Socialeyes. In cases of any assignment or delegation by you and without the prior written permission of Socialeyes will be deemed null and void. Please note that Socialeyes is entitled to assign these Terms of Service and/or any rights hereunder without your consent or any notices to you whatsoever. The parties of these Terms of Service hereby agree that any provision or part of these Terms of service is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, such portion will not affect the validity and enforceability of the remaining provisions, the Terms of Service will remain in full force and effect with the remaining provisions.

Language

You acknowledge that these Terms of Service were originally written in English, any translated versions of these Terms of Service will be superseded by the English version in case of any conflicts between the translated version and the English version arise with respect to any disputes.

Contact

If you wish to contact us for; any suggestions, questions, reports violations of these Terms of Service or complaints please do so at; legal@socialeyesapp.com