Muteferriqa

Terms and Conditions

Welcome to Muteferriqa. This website is owned and operated by – Miletos Yazılım Bilgi Teknolojileri Arge Ticaret A.Ş. (“Company” and/or “We”), Please read these prior to registering for an account on https://portal.muteferriqa.com (“Website”).

Please also read the Privacy Policy describing how your personal data is collected and processed when You (user of the Website shall be referred as “You” hereinafter) use the Website before You use any portion of it. If You do not understand or do not wish to be bound by the Terms and Conditions and/or Privacy Policy, You should not use the Website.

You need an account for most activities on the Website. You can log in by creating your account with your e-mail address and a password (shall be referred as “Credentials”). Any authorized member of the organization with trial/full access subscription to the Website (shall be referred as “Institution”) shall get access to complete functionality and content on the Website.

You can open an account on the Website only during either a Trial Access or Full Subscription period. Your account may be suspended or terminated by the Company if the Institution does not enter into a Full Subscription agreement at the end of Trial Access period or if the Full Subscription is terminated for any reason.

Company reserves the right to modify these Terms and Conditions at any time without advance notice. Any changes shall be effective immediately upon posting on this page, with an updated effective date. Any content and feature changes take effect upon posting and apply only to your use of the Website unless we have other communications with you.

Your continued use of the Website means You accept and agree the revised terms. You understand and agree that the Company may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice according to current law and legislation.

You also understand and agree that in the event You breach the Terms and Conditions and act in contrary to the related law and regulation; You shall be subject to legal and criminal sanctions.

1) DEFINITIONS

Company: refers to Miletos Yazılım Bilgi Teknolojileri Arge Ticaret A.Ş., the Company that owns the intellectual property rights on and provides and sells access to the Website

Credentials: refers to the Information given by the User to create an account.

Force Majeure: refers to any cause beyond any party’s reasonable control including, but not limited to, strikes or lockouts, labor shortages or disturbances, acts of God, fires, accidents, floods, severe storms, wars, riots, acts of governmental authority.

Full Subscription: refers to arrangement between the Institute and the Company that gives members of the Institute the right to access the Website based on a subscription agreement that defines the terms and conditions of the Website access such as the duration and fees involved.

Institution: refers to the legal entity/organization that provides the User with access to the Website through its commercial purchase agreement with the Company or through a Trial AYouccess period.

Intellectual Property: refers to copyright, trademarks, patents, service marks, trade names, rights in know-how, database rights, design rights and other intellectual property rights or equivalent forms of protection, of whatever nature arising anywhere in the world, whether registered or unregistered and including applications for the grant of such rights.

Party: Company and User may be referred to individually as “Party” and collectively as the “Parties.”

T&C: refers to this User Agreement – Terms and Conditions.

Trial Access: refers to a temporary right to access the Website during a trial period, the purpose of which is for the Institution to evaluate the relevance of the Website for its members before making a Full Subscription decision. Trial Access is a non-binding, temporary arrangement between the Institution and the Company and does not oblige either party to enter any other future commitments.

User: refers to You, an authorized user of the Website who gained (trial) access to the Website by virtue of being a member of/officially affiliated to the Institution.

Website: refers to the Website accessible at portal.muteferriqa.com or any portion of it. The Website is a discovery/information retrieval portal for primary sources material from the Ottoman Empire era.

You: refers to the User of the Website.

2) USER’S RIGHTS AND OBLIGATIONS

2.1. User confirms to be bound by these T&C by accessing or using the Website. User also confirms that he or she is at least 18 years old or, if younger than 18, User confirms that he or she has the permission of his/her parent or legal guardian, who will take responsibility for the compliance with these T&C.

2.2. User agrees and undertakes to use the Website in compliance with T&C, governing law and all applicable local, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and the governing law of this Agreement.

2.3. User undertakes and agrees to not use the Website in any manner intended to damage, disable, or impair any of our servers or the networks connected to any of our servers or any other hardware or software components or data/content provided through the Website; and not to interfere with any other party’s use of the Website. You agree to use the Website in a diligent, proper and lawful manner and to ensure that You do not violate any applicable local, state, national or international law or any rights of third parties (including trademark, trade secret, copyright or other proprietary rights).

2.4. User shall use a limited personal, non-exclusive, non-transferable account to access and use the Website for only personal and non-commercial use, research or educational purposes in accordance with these Terms and any conditions or restrictions associated with a particular feature of our Website. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give You explicit permission to do so in a written agreement signed by Company’s authorized representative.

2.5. You are responsible for maintaining the security of your Website account, your username and password. You are solely responsible in all respects for protecting the confidentiality of any password given to You or selected by You for access to or use of the Website. Company has no liability whatsoever on the security of your account and Credentials.

Your password may only be used by You personally and You must not share it with or transfer it to any third parties. You are solely responsible for all the activities that occur under your password and account. You must notify (written by an e-mail or by other means of written communication) Company immediately of any unauthorized use of your password or any other breach of security regarding the Website which comes to your attention. Company shall not be liable for any loss that You may incur as a result of a third party using your Credentials or account. However, You may be liable for losses incurred by Company as a result of someone else using your password or account.

2.6. In order for the Website to function effectively, You must also keep your registration information up to date and accurate. If not, the accuracy and effectiveness of the Website which You will get may be affected. You agree and undertake to update your registration information in case any change occurs.

2.7. You are responsible for ensuring that your computer system meets all relevant technical specifications necessary to use the Website, is compatible with the Website and is capable of running the Website content.

You must not attempt to interfere in any way with the proper working of the Website; in particular You must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt frontend/backend software code of the Website, any content or data provided by the Website, any computer system such as servers, routers, or any other internet connected device.

3) COMPANY’S RIGHTS AND OBLIGATIONS

3.1. Company reserves the right to make changes to the Website at any time without any notice to the User.

3.2. We will use all reasonable endeavors to ensure that the Website is provided continuously and not interrupted by any event within our control. We will notify You in advance of planned downtime.

3.3. Website may contain errors, inaccuracies, or omissions. These include but not limited to Website interface errors, omissions or inaccuracies in the raw digital content or in its metadata or derived content obtained through either manual processing or automated computer processing. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice and without any liability whatsoever to us.

3.4. Company may at any time, modify, suspend or discontinue the Website without any liability whatsoever. You agree and undertake that Company shall not be liable to You for any suspension, discontinuance or modification.

3.5. Company agrees and undertakes to conform completely with the agreement signed between the Company and the Institution on which your usage of the Website is based, to maintain the Website in accordance with the standards of integrity and honesty, to act with due care and foresight, and to show the necessary care and attention during your usage period of the Website.

4) CONFIDENTIALITY AND PRIVACY POLICY

4.1. Please review our Privacy Policy section for our Website which is incorporated in these T&C. If You do not agree with the Privacy Policy, You are not authorized to use the Website.

4.2. Company shall not disclose user’s personal information transmitted through the Website. Personal information includes but is not limited to User’s name, surname, mobile number, e-mail address and so forth.

4.3. Company processes personal information as defined by the applicable law, only when Company has a legal basis for doing so, such as fulfillment of a contractual obligation or with consent.

4.4. User agrees and acknowledges that Company may use customer activity reports, analytics data, usage logs, and other similar information to determine how customers interact with Website and to make improvements on Website.

4.5. This provision shall not apply to any information which (i) is in the public domain and is readily available at the time of disclosure or which thereafter enters the public domain and is readily available, through no improper action or inaction by the Party, (ii) was in the possession of the Party or known by it prior to receipt (iii) was rightfully disclosed by another person without restriction. For more information, please visit Privacy Policy

5) INTELLECTUAL PROPERTY

5.1. Except as expressly stated in these T&C, Company does not grant You any rights to or any Intellectual Property Rights or any other rights or licenses.

5.2. All materials in Website including but not limited to content, text, images, software, audio and video files, documentation, and any other content of the Website are protected by national and international intellectual and industrial property rights, copyright, trademark and other intellectual property laws which are expressly reserved by the Company or, as the case may be, by the persons or companies who created them or hold the rights.

5.3. Therefore, it is forbidden to extract, copy, modify, reverse engineer, decompile, or attempt to access or use the source code of the software, market, alter, distribute, or otherwise publicly communicate by any means or manners the entire contents of Website for any other purpose beyond the users’ legitimate need for the use of the Website.

5.4. You acknowledge that You do not own and shall not acquire any title, copyright, or any other intellectual property rights in and to the Website and You shall not modify, translate, adapt or otherwise amend the same otherwise than in accordance with applicable law. Violation of these rights will be prosecuted in accordance with current legislation.

5.5.In case You become aware of any Intellectual Property Rights infringement or potential Intellectual Property Rights infringement involving the Website, You must inform the Company promptly.

6) LIABILITY

You agree and undertake that Company reserves the right, according to the governing laws and regulations, at any time in its sole discretion to terminate, cancel, delay, or alter any format of the Website offered, or to cease providing any part or all the Website content. Company has no liability to You or to any third party in case; (i) there is a Material Breach of the T&C, Privacy Policy and any other agreement verbal or written or assumed, in conjunction your account (ii) User infringes Intellectual Properties

Company can therefore not be considered responsible for any case of damage, loss, accident, theft, delay or any other irregularity directly or indirectly derived from the Website provided.

Company reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website.

7) TERMINATION

If You no longer desire to use the Website, You may close your account at any time. Website access granted to You shall be terminated and You will no longer have access to your account and all information contained therein may be deleted. You agree and undertake that We have no liability whatsoever in case such information may remain after your termination.

8) WARRANTY

8.1. Any information or content made available through Website is provided “AS IS” and “AS AVAILABLE” without warranty of any kind.

8.2. We do not warrant that our Website shall operate in an uninterrupted or error-free manner, that the Website is free of viruses or other harmful components, or that the content provided shall meet your needs or expectations. We also make no warranty about the accuracy, completeness, timeliness, or quality of the Website or content, or that any particular content will continue to be made available.

8.3. Use of the Website is at your own risk. Your access to or download of information, materials, or data through Website is at your own discretion and risk, and You will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data, unless otherwise expressly provided for in the privacy policy.

8.4. You agree to indemnify, defend and hold harmless the Company and its affiliates, partners, suppliers, and employees from any and all liability, claims, costs, or damages arising from your use of Website or your breach of this T&C.

9) FORCE MAJEURE

In the event that any Party is unable to meet its obligations under this Agreement due to Force Majeure; the performance obligations of the Parties affected by the force majeure conditions shall be suspended to that extent for the duration of such event; provided, however, that the Parties shall make all reasonable efforts to continue to meet their obligations during the duration of the force majeure condition.

10) NOTIFICATION

Any communication between Parties shall be made via Company specified e-mail address on the Website and User’s e-mail address which has been given on the Website. In case User’s address has been changed, he or she needs to update his/her new address in 5 (five) days. Otherwise, all notifications made to the old address shall be deemed valid.

11) DISPUTE RESOLUTION

All disputes arising out of or relating to these T&C shall be finally resolved by İstanbul (Çağlayan) Courts if You are a Turkey resident. If You are not Turkey resident, disputes shall be resolved by arbitration before a single arbitrator mutually agreed by You and the Company.

If parties shall not agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be appointed by İstanbul Chamber of Commerce upon the request of either party.

The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction.

12) GOVERNING LAW

These Terms shall be governed by the Turkish laws.