Sporsta Terms of Use

Effective on February 1, 2018

Sporsta User Agreement comprises these Terms of Use, Karetra's Terms of Use, our Privacy Policy and all incorporated rules and policies.

These Terms of Use ("Terms") governs your access to or use of Sporsta's applications, websites, APIs, or services (collectively, the "Services", "Sporsta" or "Sporsta Services") running on any kind of device, or any text, photos, videos, information, links, or other materials appearing on the Services (collectively referred to as the "Content") offered or provided by Karetra (trademark style of Dinamik Ltd), Karetra subsidiaries, or Karetra affiliates (collectively, "Karetra", "we", "us" or "our"). By accessing and using any of the Services or the Content, you accept and agree to be bound by these Terms.

These Terms of Use are supplementary and should be read together with Karetra's Terms of Use (located at http://www.karetra.com/terms-of-use) which together explain the terms on which you may use the Services. In case of a conflict between Karetra's terms of use and these Terms of Use, rules in these Terms of Use applies.

Privacy Policy

Our privacy policy is located at http://www.sporsta.com/legal/privacy-policy and details how we collect, store, use and disclose your personal information that you provide to us while using the Services. By accessing and using the Services, you accept and agree to our privacy policy.

IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OR OUR PRIVACY POLICY OR ANY OTHER APPLICABLE RULES AND POLICIES, PLEASE DO NOT USE THE SERVICES.

Who Can Use the Services

  • You must not be barred from being bound by contracts or receiving services under the laws of the applicable jurisdiction.
  • You must be at least 13 years old.
  • You must accept and agree to be bound by these Terms, our privacy policy and any other applicable rules and policies of the Services you use.
  • If you use the Services on behalf of a company, organization, government, or other legal entity, you must be authorized to do so.

Content on the Services

We do not endorse, support, or guarantee the completeness, accuracy, truthfulness or reliability of any Content published, submitted or posted on or via the Services. You agree that you may use or rely on them completely at your own risk.

You understand and agree that some Content might be violent, discriminatory, offensive, hateful, harmful, unlawful, infringing, inappropriate, mislabeled, deceptive, nude, pornographic or sexually suggestive. All Content is the sole responsibility of the person who published or submitted them on or via the Services. We may not control all Content published or posted on or via the Services and, we cannot be held responsible or liable for them.

In case we receive a proper notice of a claim of trademark or copyright infringement that comply with applicable law from a person or organization, or we reasonably believe any Content on the Services is infringing any intellectual property rights, we reserve the right to remove that Content, or suspend accounts or usernames, without any notice, at our sole discretion, and without any liability to anyone. If you believe that any Content on the Services is infringing your intellectual property rights, please report this by contacting us via legal@sporsta.com

Both the rights and responsibilities of any Content you submit, post or display on or via the Services belong to you. It's your Content and you reserve the rights for it. Also, you submit, post or display it on or via the Services claiming that you have all the rights for doing so and it's not against any applicable laws, rules, or regulations to submit, post or display it. It's your responsibility and we cannot be liable or responsible for that.

You may not submit, post or display any violent, discriminatory, offensive, hateful, harmful, unlawful, infringing, inappropriate, mislabeled, deceptive, nude, pornographic or sexually suggestive Content on or via the Services. In case such Content is reported by another user or detected by us, we may remove access to or delete such Content, and deactivate, suspend or terminate the account that has posted the Content on or via the Services, without any notice, at our sole discretion, and without any liability to anyone.

By submitting, posting or displaying any Content on or via the Services, you grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license. You agree that this license includes rights for us to; (i) use, copy, transmit, process, analyze, modify, derivate from, publish, display and distribute your Content in any media or distribution methods (now known or later developed); or (ii) provide, promote, and improve the Services; (iii) or make your Content available to other companies, organizations or individuals for them to distribute, publish, broadcast or promote on other media and services, subject to our terms and conditions for such Content uses. Such additional uses of your Content by Karetra, or other companies, organizations or individuals, may be made with no compensation paid to you.

You agree that we or our third-party providers may place advertisements on the Services in connection with the Content you submitted without paying any compensation to you and these advertisements may contain any product, service or information, related or unrelated to, supporting or against your Content or your beliefs and ideas.

Accounts

You may not use usernames that may mislead or confuse others to think that you are someone other than yourself, or represent a trademark, brand or a business that you are not authorized to. You may not buy, sell, transfer, license or assign your account, followers, username, or any account rights.

You agree and confirm that all information you provide to the Services is and will always be true, current and complete and you will update your information as necessary to maintain its truth and accuracy.

Password Safety

It's your responsibility to keep your account credentials safe by using a strong and secret password and limit its use to this account only.

In case you change your email address, phone number or any other contact information that we may use to recover your credentials, someone else may get control of your old contact information and get your credentials on your behalf. It's your responsibility to keep your contact information on our Services up to date.

We cannot be held responsible or liable for any damage you may encounter arising from your failure to comply with the above.

Using and Accessing the Services

You agree to use the Services as designed and provided by us and not access them using any method other than the interfaces and the instructions that we provide. You must not interfere or disrupt the Services, our servers or networks connected to the Services in any way, including but not limited to, (i) accessing or using non-public areas of the Services, our computer systems, or the technical delivery systems of our providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Services by any automated or manual means other than through our currently available, published interfaces that we provide; (iv)or send altered, deceptive or false source-identifying information to or via the Services or to us; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including but not limited to, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content or accounts in such a manner as to interfere with or create an undue burden on the Services.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Karetra, its users and the public.

You must not modify, alter or use a modified version of the Service. You must not create, modify or alter another website or service so as to falsely imply that it is associated with the Services.

You agree that we are not responsible for any data charges arises from your use of the Services.

Other Users

You are solely responsible for your interactions with other users of the Services. You agree that we are not responsible or liable for the conduct of any user. We reserve the right, but has no obligation, to monitor or become involved in disputes between you and other users.

You must not defame, bully, abuse, harass, threaten, impersonate, intimidate or stalk other users, or use fear to silence them. You must not post your or any other person's private or confidential information on or via the Services.

You agree that you will not solicit, collect or use the login credentials of other users or you will not try to steal or guess other users' credentials by any automated or manual means.

You must not create or submit any unwanted usernames, messages, posts, comments, likes or other forms of commercial or harassing communications (also known as "spam") to any users.

In case you interact with other users in a way that does not comply with these Terms, we may deactivate, suspend or terminate your account, without any notice, at our sole discretion, and without any liability to anyone.

Account Suspension and Termination

We may temporarily or permanently stop providing, or remove, or create limits on the use of, any of the Services, or the Content, or features within the Services to someone specifically or to everyone in general, at any time, with or without any reason, with our sole discretion. We may also suspend or terminate users, and reclaim usernames without any liability to anyone.

If we terminate your access to the Service or you deactivate or delete your account, your Content will no longer be accessible through your account, but your Content may still persist and appear within the Service, if it has been copied or shared by others.

The Services may contain links to other websites or services. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or services and all risk arising from your use of any such websites or services are at your own risk.

Cookies and Local Storage

We may store, use and transfer some data locally on your devices using cookies and/or similar technologies to ensure that the Services operate and display effectively on your devices. You can decline or disable the use of these data storage features in your device settings. If you choose to decline or disable them for our Services, we may not be able to provide you some or any of the features that our Services normally provide.

Intellectual Properties

The Services may contain original content, features, functionality, or intellectual properties owned by Karetra, including but not limited to, the Karetra and Sporsta logos, any user experience or graphical designs, text, graphics, files, trademarks, copyrights, patents or proprietary information. You may not copy, modify, publish, distribute, transmit, sale, create derivative works from, or in any way participate in these acts of others, any of the Service content, in whole or in part without our prior written consent. If you are caught violating this rule or we reasonably believe that you do, we may immediately suspend or terminate your account and your access to the Service without any notice.

Unsolicited Ideas

Karetra does not accept or consider unsolicited ideas, proposals or suggestions ("Unsolicited Ideas"), including but not limited to new products, technologies, features, fixes, materials, product names, or marketing plans. Please do not submit any Unsolicited Ideas in any form to us.

If, despite knowing our policy, you choose to submit your Unsolicited Ideas to us in any form, then regardless of what your letter says, you agree that we may use, redistribute, or disclose your submissions and their contents for any purpose and in any way, without any compensation or obligation to you or any third party.

Your License to Use the Services

Karetra gives you a worldwide, royalty-free, personal, non-assignable and non-exclusive license that has the sole purpose of enabling you to use the software provided to you by Karetra for using the Services, as governed by these Terms. Nothing in these Terms gives you any right to use the names, trademarks, logos, domain names or other distinctive brand features belonging to Kareta or any of the Services.

About These Terms

These Terms govern the relationship between Karetra and you. They do not create any beneficiary rights to any third party.

Disclaimer of Warranties

WE PROVIDE THE SERVICES ON AN "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER KARETRA NOR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY "KARETRA PARTIES") MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT.

YOU USE OUR SERVICES AT YOUR OWN RISK. KARETRA AND ANY KARETRA PARTY DO NOT GUARANTEE THAT OUR SERVICES WILL ALWAYS BE ERROR-FREE, UNINTERRUPTED, REACHABLE, TIMELY, SAFE, SECURE AND FREE OF ANY HARMFUL MATERIAL LIKE VIRUSES; OR THAT LOSS OF CONTENT WILL NOT OCCUR. WE DON'T GUARANTEE THE ACCURACY OR TIMELINESS OF ANY INFORMATION OR CONTENT ON OUR SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL KARETRA OR KARETRA PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFIT, REVENUE, GOODWILL, REPUTATION, USE OR DATA, ARISING OUT OF (1) THE USE OF THE SERVICES OR INABILITY TO USE THE SERVICES FOR ANY REASON INCLUDING, WITHOUT LIMITATION, ANY ERRORS, OMISSIONS, DEFECTS, PERFORMANCE FAILURES, INTERRUPTIONS OR SYSTEM FAILURES; (2) ANY MATERIAL OBTAINED FROM THE SERVICES; (3) ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OR MATERIAL OF OTHER USERS OR THIRD PARTIES; OR (4) UNAUTHORIZED ACCESS, USE, DESTRUCTION OR ALTERATION OF YOUR TRANSMISSIONS OR DATA. THIS APPLIES EVEN IF KARETRA OR KARETRA PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN NO EVENT SHALL KARETRA'S OR KARETRA PARTIES' CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU'VE PAID FOR THE SERVICE IN THE LAST 6 MONTHS, OR $100 IF THE SERVICE IS FREE.

Indemnity

You agree to indemnify and hold Karetra and Karetra Parties harmless from and against any and all demands, damages, losses, settlements, liabilities, charges, and expenses including, without limitation, attorneys’ fees, made against Karetra or Karetra Parties by any third party arising out of or related to your use or misuse of our Services or your violation of these Terms or any other applicable rules. You also agree to cooperate in Karetra's or Karetra Parties' defense by any way we consider necessary, including, without limitation, providing us with information, documents and records. This will apply even if you stop using the Services or your account is deleted.

Disputes

These Terms and any disputes that arises between you and Karetra will be governed by and construed in accordance with the laws of Turkey. If applicable, these Terms will not be governed by the United Nations conventions on contracts for the international sale of goods. All disputes related to these Terms or the Services will be brought solely in the courts located in Istanbul, Turkey, and you consent to personal jurisdiction and waive any objection as to inconvenient forum. The parties agree to attempt to resolve any dispute or claim relating to these Terms by mediation, which shall be conducted under the then current mediation procedures of the Turkish laws.

If any legal action or any arbitration is brought for the enforcement of these Terms, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which they may be entitled.

You agree that any claim you may have arising out of or related to these Terms must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

Termination

You may end your acceptance and agreement to these Terms at any time by discontinuing your access and use of the Services and the Content. Terminating your agreement does not cease any of your responsibilities, liabilities or obligations that arises from any act before the termination.

We may suspend or terminate the Service, or your account or access to the Services at any time, without any notice, for any or no reason, including but not limited to, if we reasonably believe that: you have violated these Terms or any rules applied by the Services you're using; or you or your use of our Services create any risk of legal exposure for us; or providing our Services to you is no longer commercially viable for us; or you have not used your account for a reasonably long time. In case of termination, we will try to notify you by sending an email to the email address associated with your account or the next time you attempt to access your account.

Upon termination, all licenses and rights granted to you in these Terms will immediately be invalid.

All provisions of this agreement that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Severability

If any provision of these Terms is held to be unenforceable, unlawful or invalid by an arbitrator or court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary and the rest of these Terms will remain in full force and effect.

No Waiver

Our failure or omission to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver shall be in writing and signed by us to be binding. No waiver of any of the provisions of these Terms shall be deemed a waiver of any other provision.

Assignment

You cannot transfer, assign or delegate any of your rights or obligations under these Terms to any person or entity without our written consent. All of our rights and obligations under these Terms are freely assignable by us at any time with or without your consent.

Entire Agreement

These Terms, and any other policies or rules referenced in these Terms, constitute the entire agreement between you and Karetra with regard to your access and use of our Services, and supersede any prior written or oral agreements or understandings.

Our Services may have both a link to these Terms and any additional guidelines, rules, policies, or supplementary terms of use ("Service Terms"). If any provision of these Terms conflicts with a provision of the Service Terms of a specific Service, the latter governs your use of that Service.

We reserve all rights not expressly granted to you.

Changes to these Terms

We reserve the right to change or modify these Terms at any time. We will try to notify you of the revisions by sending an email to the email address associated with your account or sending you a Service message or notification. Your continued use of the Services after the revised Terms takes effect constitutes your acceptance of these revisions. The most current version of these Terms will always be at http://www.sporsta.com/legal/terms-of-use and will govern our relationship with you.

You may contact us for requests, notices and any other communications about these Terms via email at legal@sporsta.com or via postal mail at Gulbahar Mh. Avni Dilligil Sk. Celik Is Mer. C Blok No:7/14 Sisli Istanbul Turkey