1. GENERAL PROVISIONS
This mobile application Upcarta App ("App") provides a platform for users to discover, organize, and share content. The App has been distributed by “Upcarta” and all rights, including all title, property and intellectual property rights related to the App belong to Upcarta and our subsidiaries and licensors. In order to use the services offered by Upcarta, to use the App, to benefit from the App and to gain access to the App, please read the following conditions carefully.
- Using the app means you have accepted or you are subject to the terms of the Agreement.
- There is an age limit of 13 for access to the App
To access certain features of Upcarta, you may need to create an account. You must be at least 13 (thirteen) years old to use these Services and open an account on the App. By using the App or the Services offered by Upcarta, you acknowledge and agree that you are capable of understanding, agreeing to, and complying with these Terms. You agree to provide accurate information and to keep this information up to date. You are responsible for maintaining the confidentiality of your account access information and for restricting access to your device. You agree to accept responsibility for all activities that occur under your account.
- Accessing Services through Application Stores
2. CONDITIONS FOR BENEFITING FROM OTHER SERVICES OF THE APP AND UPCARTA
- The App and Services can be accessed with a user account. Your App user account is separate from the account you use in the Application store/platform. To the extent that you create your App Account using a third-party account (for instance your Twitter or Google account), we may access certain personal information such as your name and email address provided to us by that third party to help you to create your App Account. You can find detailed information on the use of data provided from third-party accounts in our Privacy Notice https://www.upcarta.com/privacy
- The User is obliged to ensure the security of the login information they create by changing their information in the first stage or later. The User knows that the account they have acquired is exclusive to their personal use, and they accept, declare, and undertake that they are personally responsible for the transactions carried out through this account. As the responsible person for the security of the account, the User accepts, declares, and undertakes that they shall not make any plea and/or objection asserting that the transactions performed with the account have not been performed by the User and/or shall not refrain from fulfilling their obligations on the grounds of this plea or objection.
- The "User" is responsible for all kinds of pecuniary and/or non-pecuniary damages that other users and/or Upcarta and/or third parties suffer or may suffer due to their negligence or defects on the subject matter.
- In the event that the information declared by the User is found to be unlawful and unreal or if the User loses one of its conditions, the account of the User shall immediately be canceled without any notification.
- The personal data received from the Users may be transmitted to other users who may be parties to the disputes between the User and Upcarta regarding forgery, fraud, and misuse of the App; to those that may arise within the scope of the Federal Trade Commission Act, the Uniform Deceptive Trade Practices Act; and those arising in matters that may constitute a crime in the sense of the Title 18 of the United States Code and Delaware Crimes and Criminal Procedure in order to exercise their legal rights limited only to the requested subject matter pursuant to the Regulation (EU) 2016/679 (General Data Protection Regulation, "GDPR"), and by complying with the data transfer rules in any case.
3. CODE OF CONDUCT
- Provided that it is not limited to them, the following cases constitute a violation of this user agreement. In cases different from those below, Upcarta reserves the right to unilaterally determine the codes of practice that may constitute a violation of the Agreement according to the characteristics of the case.
- Modifying the App: Using the App wholly or partially in order to disrupt, to change or to make reverse engineering;
- Damaging the App: Spreading a virus or any other technology to the App database, which may be harmful to any content on the App;
- Copying the App: Infringing Upcarta’s intellectual and industrial property rights or publishing or using any content owned by Upcarta by copying them as a whole or partially without permission;
- Violation of User Data: Collecting any information about users, including their e-mail addresses, without the consent of the relevant persons or using them on other platforms that would constitute a violation as per the GDPR;
- Selling the App Content: Selling the App content through unauthorized platforms, a content changing the related one, purchasing, renting, licensing, distributing, sharing, exchanging or transferring or making them available in a different manner;
- Abuse of Rights: Using the Services offered by Upcarta, the campaigns and advantages offered within the App in bad faith and in an effort to provide unfair benefit, and violating the campaign conditions in bad faith;
5. THIRD-PARTY SERVICES
Upcarta may establish connection to websites, applications, contents and/or files that are owned or operated by third parties and are not under Upcarta's control by providing links on the App. These links are provided solely to ease the reference and they neither aim to support the relevant website, its content or the person operating it, nor provide a representation, a commitment, or a guarantee about the website and/or the information therein. Upcarta has no commitment, guarantee, legal and/or criminal liability whatsoever for the products or services promoted or promised by the advertisements in the App and/or the websites, files and contents accessed through the links within the App, the services or products offered by the website accessed through these links or the contents thereof.
6. LIMITATION OF LIABILITY
- Upcarta or all its subsidiaries and affiliates where Upcarta is a direct and/or indirect shareholder, Upcarta's employees and managers are not liable in any way for any damages that the User may suffer due to the utilization and access of the App. Upcarta does not accept any responsibility for interruption, deletion, loss, delay of operation or communication, computer virus, communication error, system error; no access to the App, theft, destruction or unauthorized entry, modification or use of records.
- To the full extent permitted by law, the App and other services provided by Upcarta are provided "as is" without any warranty. Without limiting the following, parties of Upcarta expressly disclaim any implied warranties of merchantability, fitness for a particular purpose, usage, and non-infringement. Upcarta does not take any responsibility for the inability to access the App for any reason, including but not limited to maintenance, repair works, technical failures, late delivery, or interruptions of Upcarta’s services. Upcarta does not make any claim or commitment that the App and Services are error-free, flawless, uninterrupted, perfect or will meet the User's specific needs. It may make all kinds of changes, updates, and similar works on Upcarta, the App and other Services.
- Upcarta shall not be liable for any direct or indirect damages due to
- All hardware, system software/other software and network-related function and therefore failures; from communication network, internet connection, connection errors, operating system incompatibilities;
- All kinds of changes, updates and similar actions to be carried out on the App or errors and failures that may occur as a result of these;
- Voltage fluctuations, battery and power outages, virus transmission and similar factors;
and all kinds of pecuniary, non-pecuniary and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, interruption of business, and any compensation claims that may be made by the "User" or a third party in this context.
- Loss of profit,
- Revenue loss,
- Registration loss,
- Data loss or
- Any indirect, incidental, consequential, special, punitive, or exemplary damages,
7. OMPENSATION FOR DAMAGES
- The User is solely responsible for his/her interactions with other users and other parties with whom they interact through the Services or games. In the event of a dispute with one or more users, the User accepts, declares and undertakes that he/she will release Upcarta (its managers, directors, agents, affiliates, joint ventures and employees) from all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes, whether known or unknown.
8. INTELLECTUAL PROPERTY RIGHTS
- Upcarta is legally entitled to the App and Content. The use and accessibility of the App and/or the Content by the User within the conditions to be provided by Upcarta does not give the User any intellectual and industrial property rights and/or any right ownership and disposition authority.
- The use of all kinds of ideas and art products, information and materials in the App is subject to the permission of Upcarta within the framework of the relevant legislation, especially the provisions of the Digital Millennium Copyright Act. The User may not use any intellectual and artistic product, any information or material, regardless of its nature, protected under the Digital Millennium Copyright Act and related legislation without the express written permission of Upcarta; they shall not use the App to transmit any intellectual and artistic product, any information or material, regardless of its nature. Content, all kinds of news, information and other materials found within the App shall be used only with the written permission of Upcarta and under the terms and conditions permitted by Upcarta, and shall not be given, made available for use, reproduced, uploaded to another computer, posted, presented or published to third persons or entities without the prior written permission of Upcarta. The App shall not be used wholly or partially without permission on another website without citing the source. The User accepts, declares, and undertakes to comply with and not to violate the provisions of Digital Millennium Copyright Act and any applicable local, state, federal and international laws, government rules or requirements. Otherwise, Upcarta reserves the right to recourse to the User for any compensation and/or administrative/judicial fines that it has/will have to pay to public institutions and/or third parties.
10. MISCELLANEOUS PROVISIONS
- Force Majeure
- Additional Policies
- Entire Agreement
- No Waiver
- Evidential Contract
The User accepts, declares, and undertakes that Upcarta's books and records, including all kinds of digital records, and the records and data of the website and all kinds of information in the database shall constitute a valid, binding and conclusive evidence, and this provision constitutes an evidential contract.
- Governing Law