Terms of Use

Welcome to Yoorbit!

These terms of use (the “Agreement”) sets forth the terms and conditions governing the relationship between the user (the “User”) and Mikigi Mobil Teknoloji Anonim Şirketi (“Mikigi”) regarding the use of Yoorbit mobile application operated and made available by Mikigi, and the services provided over Yoorbit.

When you create and use your Yoorbit account, you will be deemed to have approved this Agreement. Please carefully read this Agreement and the privacy notice before using Yoorbit.

1. The obligations of Users

1.1. The User represents that the information provided when creating Yoorbit account is correct and up to date; and agrees and acknowledges that it would not create any unauthorized account in the name of a third person, and will be liable for any damage that may arise from the incompleteness or inaccuracy of any information that it has provided. Any user wishing to create and use a Yoorbit account is required to be over the age of 13. Mikigi reserves right to close the account of any User that it finds out to be younger than 13, without giving any notice.

1.2. Mikigi has no liability regarding, and is not required to control the legitimacy of, any content created, uploaded, modified or shared by the User (the “Content”), including but not limited to any rating, comment, text, photo, picture, text, symbol, mark, video recording, gif or audio file.

1.3. The User agrees not to share, send, upload, transfer, save or otherwise post any Content that is

(i) Incorrect, misleading, defaming, slandering, obscene, pornographic, inappropriate, immoral, impliedly obscene, harassing (or encouraging harassment of others), profane, provocative, cursing, fraudulent or otherwise irritating;

(ii) Leading to, or encouraging, violence (such as encouraging racism, hate, or any physical or psychological violence against any group or person);

(iii) Violating any third party rights, including, but not limited to, intellectual or industrial rights (any person believing that any of their rights mentioned herein is violated should contact Mikigi for their complaints.);

(iv) Leading to, encouraging, or abetting, any illegal action or criminal offence; or causing a legal liability;

(v) Containing any private or confidential information;

(vi) Containing, or enabling the operation of, any virus, bug or other confusing, damaging or harmful files;

(vii) Legally prohibited from being transferred or categorized as “spam”;

(viii) Imitating, or misleading about your relationship with any individual or legal entity; or

(ix) Capable of damaging Mikigi or any other user or causing the liability of Mikigi or any other user.

1.4. Even though Mikigi is not responsible for filtering, amending or monitoring any Content posted on Yoorbit by the User, it may, at any time and at its sole discretion, check any Content, and if it deems necessary, block access to or delete the User’s account or such Content and/or take any other measures. The User will be exclusively liable towards Mikigi and/or any third party regarding any Content that the User may post or share on Yoorbit. Accordingly the User will be liable for any direct or indirect damages that any third individual or legal entity may incur in connection with such Content, and acknowledges and agrees that Mikigi will not be liable for such damages either towards the User or any such individual or entity referred to in such Content. The User further agrees and undertakes to indemnify Mikigi for any payment that Mikigi may be required to make to any third party as a result of or in connection with, such Content; and acknowledges and agrees that Mikigi will have a right of recourse against the User in connection with any such payment.

1.5. The User will refrain from using Yoorbit for any illegal purpose, in particular:

1.5.1 Sharing any Content containing incorrect information or information belonging to a third party, creating fake User accounts by using incorrect or misleading personal information and using such accounts in violation of the Agreement or any applicable law or regulation, using another user’s account without authorization, sharing Content by impersonating someone else or using a fake name;

1.5.2 Using the comment and rating systems other than the intended usage purposes by manipulating the comment or rating system;

1.5.3 Modifying, creating derivatives of, source coding or reverse engineering Yoorbit in whole or in part;

1.5.4 Using information on Yoorbit to create any database or directory;

1.5.5 Bypassing or modifying any cyber security software used by Mikigi, or using any method or technology damaging Yoorbit database or any content posted on Yoorbit;

1.5.6 Taking any action resulting in an unreasonably or disproportionately large uploads, or damaging technical operations;

1.5.7 Using any web crawler, web, automated program, robot, data mining, data scanning or other software or system on Yoorbit; or fully or partially copying, posting or using any Content posted on Yoorbit, in each case without Mikigi’s prior written consent;

1.5.8 Processing any personal data without the authorization of the data subject, or taking any other action breaching the applicable laws and regulations on protection of personal data; or

1.5.9 Sending any harmful content to Yoorbit or any other user, such as computer virus, Trojan, worm, license check program or software locks

2. Intellectual Property Rights

2.1. Mikigi is the exclusive owner of any and all intellectual property rights on any software, domain name, trademark, design, trade dress or motto related to Yoorbit, and any and all content posted thereon.

2.2. The User will not use, share, distribute, display, replicate, or create derivate of, any intellectual property right belonging to Mikigi without Mikigi’s prior written consent. The User will not use Yoorbit mobile application fully or partially in any other media, without Mikigi’s consent. The User will be liable to indemnify any direct or indirect damage that Mikigi and/or any third party may incur in the event of the User’s breach of any intellectual property right belonging to Mikigi and/or such third party.

2.3. When the User shares, posts or uploads any Content on or through Yoorbit, the User will be deemed to have granted a royalty free, nonexclusive, sub-licensable and transferrable license to Mikigi authorizing it to use, replicate, modify, adapt, translate, distribute, broadcast, process, disseminate, represent, crate derivatives of, publicly transfer or make available such Content. The User will not use any copyrighted Content which does not belong to User.

3. Removing the Contents and Termination

3.1. Mikigi may delete, modify, or block access to any Content shared on Yoorbit by the User, if it finds out, or reasonably doubts, that the User breaches the law or this Agreement. Mikigi may terminate this Agreement at any time observing a notice period of 15 (fifteen) days. If there is a Content whose copyright belongs to you, you can apply for removal by sending an email to copyright@yoorbit.com

3.2. The User may close its Yoorbit account and terminate the Agreement at any time. Mikigi reserves the right to suspend or terminate the User’s account, or resort to litigation, in the event that it finds out, or reasonably doubts that the User violates any provision herein.

4. Liability

4.1. Mikigi is not required to verify any Content that the Users may share in their accounts or Yoorbit, and therefore does not give any warranty as to the accuracy of any information or content posted on Yoorbit. Mikigi will not be liable to indemnify any other user or third party against any incidental, consequential, special or punitive damages that they may incur in the event that any Content that the User shares in Yoorbit is inaccurate, incomplete, misleading or illegal including, but not limited to, loss of profits, loss of income, or interruption of activities.

4.2. Any information, comment, ranking, review or other content shared on Yoorbit is created by a complex and continuously developing and improving system (algorithm) only based on the Content shared by the users and considering the users’ mutual interaction; and accordingly Mikigi gives no warranty as to the suitability of any information or content on Yoorbit to any purpose. No content on Yoorbit should be interpreted as Mikigi’s approval or recommendation regarding any good or service.

4.3. Mikigi assumes no liability regarding any of the following in any manner whatsoever:

· Any fault, error or deficiency in any content on Yoorbit;

· Any damage or loss claimed to be arising from the unavailability of Yoorbit (including, but not limited to, loss of profits);

· Mikigi’s failure in performing any obligation as a result of a force majeure event or contingency;

· The acquisition, disclosure, destruction, modification or similar processing of user information by a third party as a result of a cyber attack or any other illegal action.

4.4. Mikigi does not guarantee that you can access or use Yoorbit at any time or anywhere, or that Yoorbit would be uninterrupted or error free, or that it would correct any error, or ensure that Yoorbit would be free of any virus or other harmful software.

5. Changes

Mikigi reserves the right to change or amend this Agreement with future effect if and when statutory provisions so require or where this is necessary for improving processes or preventing abuse. Mikigi will inform the User of such modifications by sending a notice to the e-mail address designated by the User when creating their account. The User may inform Mikigi of their objections, and require Mikigi to close its account, within 15 (fifteen) days following their receipt of this notice. The User will be deemed to have accepted such modifications, if the User does not submit any objection by the end of the aforementioned period and continues to use Yoorbit.

6. Miscellaneous

6.1. Applicable Law and Dispute Resolution. This Agreement and all disputes relating to the performance or interpretation of any term of this Agreement shall be construed under and governed by Turkish Law, without regard to any conflict of law principles. All disputes or claims arising out of or in connection with this Agreement shall be finally settled by Istanbul Central (Çağlayan) Courts and Enforcement Offices

6.2. Notices. The e-mail address that the User designates when creating their account will be used for any communication between Mikigi and the User. Mikigi will bear no responsibility regarding any problem that may arise in the event that the e-mail address given by the User is incorrect. The User is required to keep their e-mail address up to date.

6.3. Severability. Invalidity or unenforceability of any provision in this Agreement will have no effect on the validity or enforceability of any other provision herein.

6.4. Transfer and Assignment. The User will not fully or partially transfer or assign any of their rights or obligations hereunder without Mikigi’s prior consent in writing.

6.5. Amendment and Waiver. The User’s or Mikigi’s delay or failure in exercising or enforcing any right granted to them hereunder will not be interpreted as a waiver thereof, or prevent any further exercise or enforcement of such right.