The user accepts, declares, and undertakes that this "Fuchs Sports User Agreement" is accepted by clicking the "I Accept" button in the electronic area. The acceptance declaration is recorded in the Fuchs Sports records; the terms of the agreement are binding.
II. DESCRIPTION AND PRESENTATION OF CONTENT SERVICES
With this agreement, Fuchs Sports agrees and undertakes that will provide to the user content services to be determined and / or changed on the Fuchs Sports mobile application at www.fuchssports.com.tr and Fuchs Sports mobile application, subject to the unilateral discretion of Fuchs Sports, within the license restrictions for the selected service type, at the prices and conditions stated before.
The User accepts that the Digital Content Services, whose features are specified in this Agreement, do not have physical delivery. The intangible Digital Content Services will be offered and delivered electronically.
III. MEMBERSHIP TRANSACTIONS
a) The user has the opportunity to create a membership with the mobile phone and / or e-mail address given during registration. Multiple memberships cannot be created with the same e-mail address. The user will have the username and password set during the registration phase. The user can change his/her password at any time. The responsibility for password change, selection, and protection belong entirely to the User.
b) The user acknowledges and undertakes that all the information transferred to Fuchs Sports during the creation of membership and the use of the services is correct and that Fuchs Sports has no responsibility for the problems that may arise from incorrect or incomplete information when necessary. In the event of a change in the user's data, it is the user's responsibility to update the data in question.
c) The user accepts and undertakes that Fuchs Sports is not responsible for receiving the content services offered by Fuchs Sports in accordance with the instructions specified in the website and application if he / she has read and understood these instructions and cannot receive the service due to failure to comply with these instructions.
d) The user will accept and undertakes that show the necessary attention and care to keep the password and username confidential, not to disclose it to any third party, not to use it, notify Fuchs Sports immediately if he/she finds out or suspects that unauthorized third parties have seized her/his password, and Fuchs Sports will notify Fuchs Sports will not be responsible for any damages that may arise from this situation.
IV. STATEMENTS AND COMMITMENTS OF THE PARTIES
a) The user accepts, declares and undertakes that Fuchs Sports has the rights of transmission and retransmission of all content provided by Fuchs Sports, including the reproduction, dissemination, public offering, digital transmission, by means of sign, sound and / or image transmission, and the rights of Fuchs for marketing, leasing, selling and all other rights; will not take any illegal action, especially the acts included in the Turkish Penal Code, the Law of Intellectual Property Rights No. 5846 and other legislation, which will harm these rights, will pay the damages that Fuchs Sports’ will incur without the need for any notice or warning at the first request of Fuchs Sports, without prejudice to the right of Fuchs Sports to file criminal cases due to such an action.
b) The User acknowledges and undertakes that the Digital Content Services offered by Fuchs Sports, and which has license rights under the Law on Intellectual and Artistic Works No. 5846 can only be used for individual purposes under the terms of this Agreement and that no authority not explicitly stated in the Agreement has been transferred to the User.
c) Fuchs Sports may temporarily suspend or completely cease the system's operation and the provision of services at any time due to technical problems and / or developments. The said deductions will not exceed 10 (ten) hours in a day and 24 (twenty-four) hours in 1 (one) month. THEREFORE, the BUYER accepts and undertakes that he/she will not claim any compensation or similar rights or compensation from Fuchs Sports due to the temporary suspension of the services.
d) The User accepts, declares and undertakes that the services provided by Fuchs Sports are a service that is realized through data flow over the internet, that the quota of the internet package that the User connects to while using Fuchs Sports services will be affected and Fuchs Sports will not be responsible for any access expenses, quota exceeding and consequences.
e) The user acknowledges, declares and undertakes that the information obtained by Fuchs Sports has been obtained entirely with his consent due to the use of the services provided by Fuchs Sports and that Fuchs Sports has no responsibility for any malfunctions, information and data loss and any other loss caused by the user's computer.
f) The user accepts, declares and undertakes that if he/she acts in violation of the provisions of this agreement and other legislation, Fuchs Sports may take her/him out of the system by canceling the username and password and taking all kinds of technical measures, and she/he may terminate this agreement unilaterally without any compensation.
g) The User accepts, declares, and undertakes that Fuchs Sports provides the services in this agreement does not mean that it provides a guarantee or commitment provision of hardware and software and their proper functioning to the User.
h) Digital Content Services offered by Fuchs Sports will be as continuous, uninterrupted, secure and high quality as possible, in line with sectoral standards. The user accepts and undertakes that, interruptions in the internet, speed drop and similar reasons, interruptions in the service, image quality and security problems and / or the emergence of general confusion in the country, war, terror, strike, general power outage, earthquake, flood, emergency, cyber-attack, Fuchs Sports will not be responsible for the problems that may arise in the provision of the service due to virus infection or a similar force majeure.
i) Fuchs Sports reserves the right to change the domain name and website / Application appearance, contents, digital contents of the website on which it offers its services at any time.
j) Fuchs Sports reserves the right to unilaterally change the provisions of this Agreement, add or remove new articles due to technical obligations or legislative changes and similar compelling reasons. If the changes to be made in the agreement are not accepted by the User, the User will have the right to terminate this agreement immediately. In this respect, Fuchs Sports will have the right not to provide Digital Content Services, to suspend or terminate the agreement.
V. TERMINATION OF THE AGREEMENT
With its sole and unilateral decision, Fuchs Sports may give up offering the service subject to this Agreement to its members and terminate the service. In this case, the User will not claim any rights or fees from Fuchs Sports under any circumstances.
The User cannot use Digital Content Services for purposes other than individual use, cannot transmit, make use of and / or transfer to third parties and / or institutions. If unauthorized use is detected or suspected by Fuchs Sports, the services provided under the agreement may be stopped immediately and this agreement may be terminated unilaterally without any notice. In this case, Fuchs Sports reserves the right to claim compensation for damages and other legal rights. The rights subject to this agreement cannot be made subject to commercial purposes by the User in any way.
Even if the user unilaterally cancels her membership or his/her membership is suspended / terminated by Fuchs Sports, before this cancellation, he/she will be personally liable to Fuchs Sports and other third parties, institutions and organizations for the actions taken during his/her membership.
VI. VALIDITY OF RECORDS
In case of disputes that may arise from this agreement, the user accepts, declares and undertakes that, Fuchs Sports’ ledger records, microfilm, microfiche and computer records will constitute valid, binding, definitive and exclusive evidence within the meaning of Article 193 of the Code of Civil Procedure and that such objection and irrevocable waiver of the right to offer oath that these are duly kept.
VII. RESOLUTION OF DISPUTES
Turkish law will be applied in disputes arising from this agreement regardless of the conflict of laws rules, and Istanbul Central (Çağlayan) Courts are authorized. The user will also be able to use for his complaints and objections to the arbitral tribunal or consumer court for consumer problems in the place where he / she purchases the goods or services within the monetary limits determined by the Ministry every year or where he / she is domiciled. Complaint and objection procedures stipulated by Law No. 6698 are reserved for requests regarding personal data.
This agreement will remain in effect until terminated by any of the parties, entering into force accepted by the User.