TABİİ END USER LICENSE AGREEMENT
NOTE: Please read the terms and conditions of Services set out below carefully prior to download, installation, copy or use. Through downloading, installing, copying or using the services you are expressing your consent to these terms and conditions.
This Service does only cover the licensing of the Services, not the selling, to you. Your license to this Service is subject to your prior acceptance of this End User License Agreement (“EULA” and/or “Agreement”). By clicking on “Register/Kaydol” while installing, downloading, copying or using the Service, You agree to the terms and conditions of this Agreement. If You do not agree to all of the terms and conditions of this Agreement, immediately cancel the installation or download, or using the Service. Your license with respect to the Tabii Services under this EULA is granted by Turkish Radio Television Corporation (“TRT”), Tabii Limited (“TABİİ”) and affiliates - all companies owned and/or controlled by TRT. This Service is referred to herein as the “Service and/or Services”. TRT (TABİİ and all TRT Companies owned and/or controlled by TRT) (“Licensor”) reserves all rights in and to the Services not expressly granted to you under this Agreement.
1) Exercising End User Rights: You must be at least 18 (eighteen) years of age to become a member of the Tabii Service. You must exercise End User rights and Services in person. You are only entitled to use the Services personally not commercially. The Services and/or any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances. The right to use the Service shall be bound by only the End User. One End User shall be taken to refer to using the Services. The same license may be used by more than one person at the same time on more than one device which you may simultaneously watch depends on your chosen subscription plan. In any case, You are responsible for any activity that occurs through your account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or account details. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. Licensor can terminate your account or place your account on hold in order to protect you, Licensor or our affiliates from identity theft or other fraudulent activity. You may access the Services primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such content. The Services that may be available will vary by geographic location and will change from time to time.
2) The License: Licensor grants to you a non-transferable license to use the Services on website, mobile apps, smart tv apps, Roku and such during your Tabii subscription. The terms of this Agreement will govern any content, materials, or services accessible from or purchased within the Services as well as upgrades provided by Licensor and/or its affiliates that replace or supplement the Services. You may not distribute, record or make the Services available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Services and, in any case you are using the Services via an Application, you must remove the Application and delete or destroy all the information regarding the Services (including but not limited to username, password, personal information, account information etc.) prior to selling your Device to a third party. You may not copy (except as permitted by this license), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Services, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Services). Unless expressly permitted by Licensor, a) you will not archive, reproduce, distribute, modify, display, process, publish, license, create derivative works from, offer for sale or use any content or information stored on or obtained from or through the Services; b) circumvent, remove, modify, disable, downgrade, block, obscure, or circumvent any of the content protections or other elements of the Services, including the graphical user interface, copyright notices, and trademarks; c) you will not use any robot, spider, scraper or other automated means to access the Services; d) upload any computer software or hardware associated with the Services or any material designed to interrupt, damage or limit the functionality of telecommunications equipment, including any software virus or any other computer code, files or programs, You agree that you will not send, send or transmit by e-mail or otherwise. The Services and all rights, without limitation including intellectual property rights thereto are owned by Licensor and its affiliates. They are protected by international treaty provisions and by all other applicable national laws of the country in which the Services are being used. The structure, organization and code of the Services are the valuable trade secrets and confidential information of Licensor and its affiliates. You must not copy the Service. Any copies which You are permitted to make pursuant to this Agreement must contain the same copyright and other proprietary notices that appear on the Service. All rights not expressly granted to you in this Agreement remain the rights of Licensor or their respective rights holders.
3) External Services: The Licensed Services may enable access to Licensor’s and/or third-party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk. Licensor is not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not be liable for any such third-party External Services. Data displayed by any Licensed Application or External Services, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by Licensor or its agents. You will not use the External Services in any manner that is inconsistent with the terms of this Agreement or that violates the intellectual property rights of Licensor or any third party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that Licensor is not responsible for any such use. External Services may not be available in all languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. Licensor reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
4) No Warranty: You expressly acknowledge and agree that use of the licensed services is at your sole risk. To the maximum extent permitted by applicable law, the licensed services and any services performed or provided by the licensed application are provided "as is" and “as available,” with all faults and without warranty of any kind, and Licensor hereby disclaims all warranties and conditions with respect to the Licensed Services and any services, either express, implied, or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by Licensor or its authorized representative shall create a warranty. Should the licensed application or services prove defective, you assume the entire cost of all necessary servicing, repair, or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you. This Agreement creates no obligations on the part of the Licensor and its affiliates other than as specifically set forth herein.
5) Limitation Of Liability: To the extent not prohibited by law, in no event shall Licensor be liable for personal injury or any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall Licensor’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed direct damages.
6) You may not use or otherwise export or re-export the Licensed Services except as authorized by the laws of the Republic of Türkiye. In particular, but without limitation, the Licensed Services may not be exported or re-exported (a) into any Turkish embargoed countries. By using the Licensed Services, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by the Turkish laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
7) Use of Data: You agree that Licensor may collect and use cookies, technical data and related information—including but not limited to technical information about your device, system and application software, and peripherals—that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Services. Licensor may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
8) The Licensed Services and related documentation are "Commercial Items", as that term is defined under International Law and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the Republic of Türkiye.
9) General provisions: Should any of the provisions of this Agreement be invalid or unenforceable, this shall not affect the validity of the other provisions of the Agreement, which shall remain valid and enforceable in accordance with the conditions stipulated therein. This is the entire Agreement between the Licensor and You relating to the Service and it supersedes any prior representations, discussions, undertakings, communications or advertising relating to the Service.
10) Notices: All notices must be delivered to ………….
11) Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and TRT and TABİİ shall be governed by the laws of the Republic of Türkiye, excluding its conflicts of law provisions. You and TRT and TABİİ agree to submit to the personal and exclusive jurisdiction of the Courts and Execution Offices of the Republic of Türkiye to resolve any dispute or claim arising from this Agreement.
12) Termination: This Agreement is effective until terminated by you or Licensor. Your rights under this Agreement will terminate automatically if you fail to comply with any of its terms the Licensor shall be entitled to withdraw from the Agreement, without prejudice to any entitlement or legal remedy open to the Licensor in such eventualities. In the event of cancellation of the License, You must immediately delete or remove the Services at your own cost. Upon termination of the License, the Licensor shall be also entitled to cancel the End User's entitlement to use the functions of the Services.
13) Licensor is constantly making changes and improving the Service. As part of this continuous improvement, Licensor may make changes (which will apply to all or part of the Service), such as adding or removing features and functionality, introducing new digital content or services, or discontinuing old ones. Licensor may need to modify or discontinue the Service or any part of it to make performance or security improvements, make changes to comply with the law, or to prevent illegal activity or abuse of our systems. These changes can affect all users, some users, or even a single user. Any amendments, alterations or modifications of the present Agreement may be established solely by way of sole discretion of Licensor or its affiliates for the improving the quality of Services or any other necessity regarding the Services or Licensor. Licensor will notify you at least 30 days before such changes apply to you. If you do not wish to accept the changes, you can cancel your subscription and/or remove your application before they take effect.