Collection of Information
Information is collected in two ways.
By information you give us or through your permission to obtain it.
When you create an account on the Services, we’ll ask you and you’ll voluntarily give us certain information. We collect certain information you provide to us when using the Services, such as your name, password, age, profile photo, comments, likes, email address, phone number you used to sign up, and any other information you provide us. We may use Account Information, alone or together with other information, to enhance and improve the Services, such as by personalization. We use your email address to verify your Account and to communicate with you, as described in more detail below
You also may give us permission to access your information in other services. For example, you may link your Facebook or Twitter account to Moofio, which allows us to obtain information from those accounts (e.g., your friends or contacts). The information we obtain from those services often depends on your settings or their privacy policies, hence be sure to check what those are.
We also obtain technical information in the following ways when you visit our Services
Our server logs automatically collect information, such as your internet protocol (IP) address, your browser type and language, and the date and time of your visit, which helps us track users' movements around our Services and understand trends.
Certain non-personal information are also gathered, such as the operating system and the IP address of the mobile device from which they are visiting.
We also automatically collect certain information when you use Moofio, such as your location/GPS coordinates (if you enable this feature), a device identifier, MAC address, wireless service provider, Internet Protocol (IP) address (if using a browser), operating system, the browser type, the address of a referring Services and your activity on Moofio. You can enable or disable location services when you use Moofio at anytime, through your mobile device settings. This information is not treated as personal information unless we combine it with or link it to any of the personally identifiable information mentioned above.
Use of Collected Information
The collected information may be used to:
- Provide our products to you and make them better,
- Develop new products,
- Protect Moofio and our users,
- Fulfill your requests for products, services, alerts or career opportunities,
- Offer products and services that may be of interest to you,
- Showing you ads you might be interested in,
- Customize the advertising and content that you see on our Services,
- Facilitate use of our Services,
- Manage your account and your preferences,
- Analyze use of and improve our Services, products and services,
- Identify and protect against fraudulent transactions and other misuses of our Services, and
- Enforce our Terms,
- Send you updates newsletters, marketing materials and other information that may be of interest to you,
- Help your friends and contacts find you on Moofio,
- Monitor and analyze usage and trends,
- For any other purpose for which the information was collected.
The personally identifiable information collected from you will be relevant for the purposes for which it is to be used. We will take reasonable steps to ensure that the collected data is reliable for its intended use, accurate, complete, and current.
Who may access to your information?
The information gathered about you when you register with Moofio and subscribe to our Services is used to offer you our different Services. All precautions have been taken on our databases to archive your information in a secure environment. Only a small number of our employees have access to your information, which is only accessible in case of necessity.
Your personal information is not shared with others, except as indicated below;
- When we have your consent,
- Service providers performing services on our behalf,
- Third-parties, our subsidiary and parent companies and businesses, and other affiliated legal entities and businesses with whom we are under common corporate control,
- Other businesses with which we partner or which we carefully select to offer you products, services, and promotions through our web Services or offline,
- Other third parties in limited circumstances, such as complying with legal requirements, preventing fraud, and protecting the safety of our users,
- Use for research; in addition to the uses outlined above, by using our Services, you agree to allow us to anonymously use the information from you and your experiences to carry out research into successful relationships. This research, conducted by psychologists and/or behaviour research scientists, may be published in academic journals. However, all of your responses will be kept anonymous, and no personally identifiable information will be published,
- In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition, or in any other situation where personal information may be disclosed or transferred as one of our business assets,
- We may share aggregated, non-personal information in any of the above situations and also with advertisers and others.
Choices About Information
You may choose:
- To not provide personal information, although that may result in your inability to obtain certain Services or use certain features of our Services;
- To click on the "unsubscribe" link on the bottom of the e-mail, or send us e-mail for removing your information from our e-mail database if you wish to opt-out of receiving promotional e-mails and newsletters;
- To delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Services may not function properly;
- To access and change information in your profile page at any time by logging into the Services and checking your Account Settings page.
- To link or unlink your Moofio account from an account on another service (e.g., Facebook or Twitter).
- To close your account at any time.
Your Account Information is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and information by creating a unique, secure, and protected password and limiting access to your application by signing out after you have finished accessing your account on the Services.
Information Regarding Purchase
If you purchase a product or service from us, a third party payment processor will require personally identifiable information from you, such as your name, address, phone number, email address and financial information. The third party payment processor will use this information for billing purposes and to fill your orders. If there is trouble processing an order, the third party payment processor will use this information to contact you. Such information is used primarily to process your order or as otherwise described herein. Credit card transactions are processed by the third party payment processor through industry standard Secure Socket Layer (SSL) and/or strong encryption (3DES), which only uses your information for that purpose. We do not collect your financial information. All financial information is collected, processed, and maintained by a third party payment processor. Our third party payment processor is currently Apple Inc.
Links To Other Sites or Applications
Moofio makes forum boards, competition, and polling features available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose any personally identifying information. We are not responsible for any personally identifiable information you choose to disclose in these areas.
We may use third-party advertising agencies or other service providers to serve ads on our Services on behalf of Moofio or third-party advertisers (e.g., retailers of goods or services). These companies may employ cookies and web beacons to measure advertising effectiveness. Any information that these third parties collect via cookies and web beacons is completely anonymous.
“Moofio” is a mobile application offering services for pets and pet lovers to socialise at a niche platform that has been created perfectly according to their needs and is operated by Moofio Interaktif Medya AŞ ("Moofio" or "we" or "us").
This Agreement sets out the legally binding terms of your use of the Services. You are welcome to print this Agreement out for review. You may also receive a copy of this Agreement by emailing us at: email@example.com, Subject: Agreement. By using the Services, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
By using the Services, you agree to be bound by this Agreement. By accessing and using any of the Services (as defined below), you become a user and agree to, and are bound by, the terms and conditions of this Agreement as long as you continue to use the Services.
Moofio may offer additional services or revise any of the Services, at its discretion, and this Agreement will apply to all additional services or revised Services. Moofio also reserves the right to cease offering any of the Services.
This Agreement is subject to change by Moofio in its sole discretion at any time, with or without notice. Each time changes are made to this Agreement, the revised, current version of this Agreement will be posted on the Services or you will be notified by Moofio via e-mail or any other communication method, at Moofio’s sole discretion. All changes to this Agreement will be effective immediately upon being posted on the Services or when you will be notified by Moofio via e-mail or any other communication method, at Moofio’s sole discretion. Your continued use of the the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions and the then-current version of this Agreement. Please consult the end of the Agreement document to determine when the Agreement, respectively, was last revised. To assist you in determining whether the Agreement has been updated, Moofio will list the date of the most recent modification at the bottom of the respective document. Please check this Agreement on the Site from time to time for the then-current Agreement.
To be a Moofio Member and to register for the Services, to provide any personal information to Moofio, or otherwise submit personal information through the Services, you must at least be 13 years old in accordance with Turkish Law (or the age of majority in your jurisdiction, if it is older). Access or use of the Services or its contents by any person under the age of 13 is prohibited. By using the Services, you represent and warrant that you are at least 13 years old. Some Services may have other age requirements for all or portion of such Services, and such other age requirements are stated on such Services or portions thereof. By using any of the Services, you represent and warrant that you meet the age requirements stated on such Services of portions thereof.
You may only use the Services if you can conclude a binding agreement with Moofio, if you are not legally prohibited from using the Services and only in compliance with this Agreement and all applicable laws. To become a member, read this Agreement and indicate your acceptance of them by providing necessary information for registration process.
There are two kinds of account to be opened in Moofio: “pet account” and “pet lover account”. Should you have a pet, we recommend that you open a pet account in the name of your pet. Should you do not have a pet, we recommend that you join our community as pet lover by opening a pet lover account.
When you create your Moofio account, you must provide us with accurate and complete information. If you open an account on behalf of a company, organization, or other entity, then, "you" must include you and that entity, and you represent and warrant that you are authorized to grant all permissions and licenses provided in this Agreement and bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.
You are not allowed to create an account for persons other than yourself. In such case, Moofio reserves its right of disposition including but not limited to deleting, blocking, amending, terminating the account and any and all of the content relating to such account.
Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. Otherwise Moofio will not be responsible of the problems caused by third parties’ use.
Passwords and Security
As part of the member registration process, you will be required to provide your e-mail address, name, last name, location (collectively, the “Information”) and select a password. We may refuse to accept any Information provided at the registration process for any reason, including that the proposed information impersonates someone else, is or may be illegal, is or may be protected by trademark or otherwise infringes on other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, as we determine in our sole discretion. You may have only one e-mail address.
While providing the Information, you agree that you will not:(a) select or use an Information of another person with the intent to impersonate that person;(b) use an Information subject to the rights of any person without their authorization; or(c) use an Information that is illegal, infringing, or offensive to people of ordinary sensitivities.
You are fully responsible for safeguarding the password that you use to access the Services and for all activities that occur under your password or account, including any charges incurred or damages caused to you, Moofio, or any other party. You agree to ensure that you sign out from your account at the end of each session. Additionally, if you become aware that your account security has been compromised or that your Information or password has been obtained by a third party, you agree to notify Moofio immediately of the security breach so that Moofio can investigate the breach, terminate your account, or take other appropriate action. While we work to protect the security of your content and account, Moofio cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Even if you notify Moofio of unauthorized access, you agree that Moofio is not obligated to take any particular action in response to your notification and that the risk of loss associated with uses of your account remains with you. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers, etc.) with your account. You agree not to transfer or resell your use of or access to the Services to any third party. If you have reason to believe that your account is no longer secure, you must promptly change your password by updating your account information and notify us. You agree that you are solely responsible and Moofio is not liable for any loss or damage arising from your failure to comply with this section or for any third party access to your account that results from theft or misappropriation of your Information and password.
Information and Content Contributed to the Services
Moofio gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Moofio as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Moofio, in the manner permitted by this Agreement.
You are solely responsible and assume all liability regarding any materials (including but without limitation profiles, photos, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, themes, and interactive features), any information, messages (collectively, "Content") that you contribute or publish or display or transmit or otherwise make avaliable ("Post") through the Services, or transmit to other Members and your interactions with other Registered Users through the Services.
By posting Content to any public area of Moofio, you automatically grant Moofio and its users a royalty-free irrevocable, transferable, sublicensable, perpetual, non-exclusive, fully paid, worldwide license to use, store, copy, reproduce, modify, create, perform, display, distribute, host, cache, sell and dispose anyway such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. From time to time, we may create, test or implement new features or programs through the Services (e.g., rating of user photos or profiles by other users) in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or programs.
You also agree that this license includes the right for Moofio to make all publicly-posted Content available to third parties selected by Moofio, so that those third parties can syndicate and/or analyze such Content on other media and services.
Note also that this license continues and we may retain your Content even if you stop using the Service or following termination or deactivation of your account, primarily because of the social nature of Content shared through Moofio’s Services - when you post something publicly, others may choose to comment on it, making your Content part of a social conversation that can’t later be erased without retroactively censoring the speech of others. Furthermore, Moofio and its users may retain and continue to use, store, display, reproduce, modify, create derivative works, perform, and distribute any of your Content that other users have stored or shared through Moofio.
Nothing in this Agreement shall restrict other legal rights Moofio may have to Content, for example under other licenses. We reserve the right to remove or modify Content for any reason; including Content that we believe violates this Agreement or our policies without any liability to you or third parties.
You understand and agree that Moofio reserves the right, but has no obligation and may review and remove any Content, that in the sole judgment of Moofio, violates this Agreement or which, in the sole discretion of Moofio or upon the request of any third party, might be offensive or illegal or might violate the rights of, harm, or threaten the safety of Members.
The following is a partial list of the kind of Content that is prohibited on the Services. Moofio reserves the right to investigate and take appropriate action in its sole discretion (including notifying legal authorities) against anyone who violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violators. It includes Content that:
- promotes or enables the sale of pets;
- contains or promotes any kind of pornographic material related to pets and humans;
- may be offensive to Services users, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- engages in commercial activities and/or sales such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
- otherwise is inappropriate for the Services, in Moofio’s sole judgment.
- promotes or enables unauthorised copying of another person's copyrighted or other proprietary work, such as providing computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing music or links to music files;
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- exploits anyone under the age of 18 in a sexual or violent manner;
- solicits personal information from anyone under 18;
- harasses or advocates harassment of another person;
- involves the transmission of "junk mail," "chain letters" or unsolicited mass mailing or "spamming";
- promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- solicits passwords or personal identifying information for commercial, unauthorized or unlawful purposes from other users;
- provides instructional information about illegal or potentially harmful activities such as making or buying illegal weapons, violating someone's privacy, or
You must use the Services in a manner consistent with any and all applicable laws and regulations.
You may not transmit any chain letters or junk email to other Members. Although Moofio cannot monitor the conduct of its Members off the Services, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, Moofio reserves the right to restrict the number of activities including but not limited to emails, messages, direct messages, comments, mentions, likes, etc. that a Member may send to other Members in any 24-hour period to a number which Moofio deems appropriate in its sole discretion.
It is possible that other Members or users (including unauthorised users, or "hackers") may post or transmit offensive or obscene materials on the Services and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Service, and that the recipient may use such information to harass or injure you. Moofio is not responsible for the use of any personal information that you may choose to disclose on the Service. Please carefully select the type of information that you post on the Service or release to others.
You will only use the Services in a manner consistent with this Agreement and any and all applicable local, national, and international laws and regulations. We reserve the right to limit the availability of the Service or any portion of the Service, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Moofio provides. Registration for, and use of, the Services are void where prohibited. To the extent that the Services are not legal in your jurisdiction, you may not use the Services. The Services may not be used where prohibited by law.
Assumption of Risks and Precautions for Risks:
Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.
We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Moofio be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others. You agree to take all necessary precautions when meeting individuals through the Services.
You will promptly report to Moofio any violation of the Agreement by others, including but not limited to, Registered Users.
Restrictions and Prohibitions Regarding the Use of the Services:
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim Information without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to satisfy any applicable law, regulation, legal process or governmental request, our internal policies, enforce the Agreement, including investigation of potential violations hereof, detect, prevent, or otherwise address fraud, security or technical issues, respond to user support requests, or protect the rights, property or safety of Moofio, its users and the public.
You agree that you will not transmit, communicate any content (or links thereto), or otherwise engage in any activity through the Services, that:
- intends to defraud, swindle or deceive other users of the Services;
- intends and/or promotes the use of stickers used within the scope of Services anywhere, in any form, in any manner but through the Services.
- is for professional or commercial purposes (canvassing, soliciting or prostitution) or for any non-private purposes;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- violate any law (whether the applicable law of this Agreement/or the law of the place where Moofio is registered, where the server is and your computer terminal is), whether or not intentionally;
- is in any way used for or in connection with spamming, phishing, trolling, or similar activities.
- contains others’ copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;
- contains video, audio photographs, or images of another persons without their permission (or in the case of a minor, the minor’s tutor’s permission is compulsory);
- promotes or enables illegal or unlawful activities, such as instructions on how to make or buy illegal weapons or drugs, violate someone’s privacy, harm or harass another person, obtain others’ identity information, create or disseminate computer viruses, or circumvent copy-protect devices;
- collect or store personal data about other users;
- disseminates another person’s personal information without his or her permission, or collects or solicits another person’s personal information for commercial or unlawful purposes;
- disseminate or transmit any content that infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right, including, but not limited to, using third party copyrighted materials, without appropriate permission, using third party trademarks without appropriate permission or attribution, or using or distributing third party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- solicits gambling or engages in any gambling or similar activity;
- uses scripts, bots or other automated technology to access the Services;
- uses the Services for chain letter, junk mail or spam e-mails;
- collects or solicits personal information about anyone under 18 years of age; or
- is defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, obscene or otherwise objectionable;
- harms or threatens to harm Moofio or other users in any way, including by using information you find here to compete against Moofio;
- impersonate any person or entity (including Moofio or its agent), or falsely state or otherwise misrepresent your affiliation with any person or entity;
- is intended to or tends to harass, annoy, threaten or intimidate any other users of the Services;
- disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs;
- promotes or solicits involvement in or support of a political platform, religion, cult, or sect;
- forge Internet Protocol (IP) headers or otherwise manipulate identifying information in order to disguise your identity;
- provide fraudulent, inaccurate, or incomplete information to Moofio, including in applications for employment;
- engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
- interfere with or disrupt the Services, or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
- post or cause to be uploaded to Moofio's computer servers or network any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
- is off-topic, meaningless, or otherwise intended to annoy or interfere with others’ enjoyment of the Services;
- promotes or enables the sale of pets.
- contains any kind of pornographic material related to pets and humans.
It is allowed that Members mate or allow their pets to have any interaction. However, those who would like to mate or allow their pets to have any interaction should communicate with each other, assess diligently the circumstances, take all necessary measures and they are solely responsible and assume all liability for mating, having any interaction and all its direct or indirect eventual consequences. Moofio shall have no liability regarding mating, any other interaction and/or its direct or indirect eventual consequences.
It is allowed that Members post any Content regarding purpose posts, including but not limited to adoption. However, those who post and receive this kind of Content are solely responsible and assume all liability for it and all its direct or indirect eventual consequences. Moofio shall have no liability regarding this kind of post and/or its direct or indirect eventual consequences.
It is allowed that Members post any Content related to lost and found pets. However, those who post and receive this kind of Content are solely responsible and assume all liability for it and all its direct or indirect eventual consequences. Moofio shall have no liability regarding this kind of post and/or its direct or indirect eventual consequences.
It is allowed that Members post any Content related to travel, including but not limited to deliver of pets to another Member during travel. However, those who post and receive this kind of Content are solely responsible and assume all liability for it and all its direct or indirect eventual consequences. Moofio shall have no liability regarding this kind of post and/or its direct or indirect eventual consequences.
You are solely liable for any of your interactions with other Members. You are solely responsible for, and will exercise caution, discretion, common sense and judgment in, using the Application and Services and disclosing personal information to other Members. You agree to take reasonable precautions in all interactions with other Members, particularly if you decide to meet a Moofio user offline, or in person. Moofio shall have no liability for eventual direct and indirect damages due to the interactions among you and people you may possibly meet and interact through the Services. Your use of the Application, Services, and any other content made available through the Application or Services is at your sole risk and discretion and Moofio hereby disclaims any and all liability to you or any third party relating thereto.
You will not provide inaccurate, misleading or false information to Moofio or to any other user. If information provided to Moofio or another user subsequently becomes inaccurate, misleading, or false, you will promptly notify Moofio of such change.
The member shall at all times (notwithstanding the termination of this Agreement) indemnify and keep Moofio, its Affiliates and its or their directors, officers, employees and agents at all times fully and effectively indemnified against any and all liabilities suffered or incurred by any breach or contravention by itself, in relation to the present article or otherwise in connection with the Agreement.
You acknowledge and agree that Moofio may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable to;
- comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law);
- protect or defend Moofio’s, or a third party’s, rights or property; or
- protect someone’s health or safety, such as when harm or violence against any person (including the user) is threatened.
Third-Party Web Sites or Application Links
No Warranties and Disclaimers
Your access to and use of the Services or any Content are at your own risk. Moofio is not responsible for any incorrect or inaccurate Content posted on the Services or in connection with Services. You understand and agree that Moofio provides the services on an “as is”, “as available” and “with all fault” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Services (including all information contained therein), including any implied warranties of merchantability, fitness for a particular purpose or non-infringement. Moofio does not warrant that your use of the services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. Moofio disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services. Moofio is not responsible for the conduct, whether online or offline, of any user of the Services or Member. Moofio assumes no responsibility for any error, omission, interruption, deletion, defects, delay in operation or transmission, communications line failure, theft or destruction.
Moofio is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at the Services, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service.
To the maximum extent permitted by applicable law, in no event will Moofio be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of the services. This includes any claims, losses or damages arising from the conduct of users who have registered under false pretenses or who attempt to defraud or harm you.
International Intellectual Property Notice
The Services are owned and operated by Moofio. All right, title and interest to the content displayed on the Services, including, but not limited to, the Services’ look and feel, data, information, texts, graphics, images, sounds or video materials, photographs, designs, trademarks, service marks, trade names, URLs and content provided by Members and by any other third parties (“Confidential Information”), are the property of Moofio or the third parties providing such content, respectively, and are protected by copyright, trademark, patent, or other proprietary rights and laws. Except as expressly authorized by Moofio, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, perform, display, license, reverse engineer, reproduce, publish, or create derivative works based on the Services or any content (including without limitation any software) available through the Services. If you are interested in licensing Moofio content for a commercial service, please contact Moofio.
The rights of use accorded by Moofio to the Member are strictly limited to accessing, downloading, printing and reproduction on all media (hard disk, floppy disk, CD-ROM, etc.) and to use of these documents for private and personal purposes in the scope of and for the duration for of the Member's membership with Moofio. Any other use by the Member is prohibited without a prior written consent of Moofio.
Unless otherwise noted, all designs and contents included on the Services, including texts, graphics, logos, icons, images, artworks, audio and video clips and software are the properties of Moofio and are protected by international copyright laws.
Ownership of Proprietary Information and Confidential Information
You hereby acknowledge and agree that Moofio is the owner of highly valuable proprietary information, including without limitation, Confidential Information. Moofio owns and hereby retains all proprietary rights in the Services, including but not limited to, all information.
The Moofio logo and other marks indicated on the Services are trademarks and/or service marks of Moofio. Other graphics, logos, headers, icons, scripts and service names are also trademarks or trade dress of Moofio. Moofio's trademarks, service marks and trade dress may not be used in connection with any product or service that is not Moofio's, in any manner that is likely to cause confusion of customers or potential customers, or in any manner that harms or discredits Moofio.
No Use of Confidential Information
You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, any Confidential Information or other copyrighted material, trademarks, or other proprietary information accessible via the Services or on a third party website or in any other communications you may have with other users, without first obtaining the prior written consent of the owner of such proprietary rights.
If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please mail us at firstname.lastname@example.org with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Services; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Moofio will also terminate a user’s account if the user is determined to be a repeat infringer.
From time to time, Moofio may offer new “beta” features or tools with which its users may experiment on the Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Moofio’s sole discretion. The provisions of this No Warranties and Disclaimers section apply with full force to such features or tools.
To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless Moofio, its subsidiaries and affiliates, and its and their officers, directors, employees, agents and third parties, from and against any and all losses, claims, demands, costs, liabilities, demands, disputes, damages, and expenses of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation, relating from, arising out of, or in any way related to or connected with:
- your use of, inability to use, or reliance upon the Services;
- your connection to the Services;
- any user postings made or information provided by you;
- your violation or alleged violation of any terms of this Agreement or of any rights of a third party, or
- your violation of any applicable laws, rules or regulations.
Moofio reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Moofio in asserting any available defenses.
Some of the Services such as in-app purchases may require payment of fees. Applicable currencies may vary in different countries. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and any related taxes or additional charges.
Paid Services are limited licenses for you to use particular for-pay aspects of the Services. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except as expressly allowed by the rules of those Paid Services.
Moofio may, in its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.
Purchases of Paid Services are final and non-refundable, except at Moofio’s sole discretion and in accordance with the rules governing each Paid Service. Termination of your Account or your rights under this Agreement may result in forfeiture of purchased Paid Services.
Moofio may change its prices and/or Services which are being offered under Paid Services any time at its sole discretion. To the extent applicable, Moofio will put its best endavours to provide you reasonable notice of any such pricing changes by posting the new prices or Paid Services amendments on or through the applicable Paid Service and/or by sending you an email notification.
Termination of the Agreement
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and the Agreement will continue to apply until terminated by either you or Moofio as follows.
Either you or Moofio may end agreement at any time, for any reason, without explanation or by deactivating your accounts and discontinuing your use of the Service or by notifying the other party. You do not need to specifically inform Moofio when you stop using the Services.
Without prior notice or liability, we may suspend or terminate your accounts or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe you have violated this Agreement, you create risk or possible legal exposure for us; or our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion.
Competent Law, Jurisdiction, Time Limitations
In case you consider yourself to be in dispute with Moofio, you must contact us in writing immediately but not later than ten (10) days upon the occurance of the event or circumstance, which gives rise to your claim. You acknowledge that in case of your failure to comply with the above mentioned notification requirement within the provided period, Moofio shall be discharged from any and all liability in relation to your claim or dispute. In case you comply with the notification requirement, following shall be applied.
You acknowledge that it is in both Parties’ best interests to settle quickly any dispute that may arise out of this Agreement or otherwise in connection with this Agreement.
Upon receving the written notice, Moofio will try first to resolve the dispute without contacting you within a reasonable period but not later than sixty (60) days. In the event of any Dispute arising between the Parties, which is notified to but not resolved by Moofio within sixty (60) days, Moofio may within sixty (60) days of written notice to you (a “Dispute Notice”) or any other time that Moofio may decide at its sole discreation, invite you for a meeting (a “Dispute Meeting”) to try and resolve the Dispute. Dispute Meeting shall be held in Istanbul at Moofio’s headquarters or any other place that Moofio may decide at its sole discretion.
Within ten (10) days of the date of service of a Dispute Notice, you must prepare and send to the other Party a detailed memorandum stating your understanding of the disagreement, your position in relation to the disagreement, your reasons for taking that position and any proposal for resolving the disagreement.
You must use all reasonable endeavours to be present at the Dispute Meeting or send a representative who has authority to settle the Dispute to attend a Dispute Meeting.
Failing such an amicable settlement, or a decision evidenced in writing by both of the Parties not to continue with the Dispute, the Dispute only then shall be referred to the Court. You agree that you may not refer your dispute to the Court for dispute resolution without satisfying the amicable settlement requirements mentioned above.
You agree that this Agreement and the Services, including any legal relations created thereby or any dispute between Moofio and you arising out of or relating thereto, will be governed by and construed under and in accordance with the laws of Republic of Turkey without regard to its conflicts of law provisions. At Moofio’s discretion, any dispute will be subject to the jurisdiction and venue of the courts in Istanbul. You agree to submit yourself and your property to the jurisdiction of the aforementioned courts with respect to such disputes. You acknowledge that Moofio is headquartered in Istanbul, and for that and other reasons this Agreement and the undertakings of the parties hereunder bear a reasonable relation to Republic of Turkey. With regard to any dispute, you:
- waive to the fullest extent permitted by law any objection which you may now or hereafter have to the aforementioned courts on the grounds of inconvenient forum or otherwise;
- waive to the fullest extent permitted by law any objection which you may now or hereafter have to the laying of venue in the aforementioned courts; and
- agree that a judgment or order of the aforementioned courts is conclusive and binding on you and may be enforced against you in the courts of any other jurisdiction.
If any provision of this Agreement is found by a binding authority to be invalid, you agree that the invalidated provision shall be deemed replaced by an enforceable provision that most closely gives effect to the parties' intentions as reflected in the invalidated provision, and the remaining provisions contained in this Agreement shall continue in full force and effect.
You acknowledge and agree that any violation of this Agreement may cause Moofio irreparable harm, and therefore agree that Moofio will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Moofio may have for a breach of this Agreement.
This Agreement constitutes the entire Agreement between you and Moofio regarding your use of the Services and supersedes any prior Agreements between you and Moofio for that purpose, including, but not limited to, any prior versions of this Agreement.
Unless otherwise explicitly stated, this Agreement will survive upon termination of your registration to any Services.
No Joint Venture
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Moofio as a result of this Agreement or your access to and use of the Services.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The failure of Moofio to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision.
Moofio will not be liable in damages and/or have the right to terminate and/or to suspend your Membership for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to the Acts of God, Government restrictions (including the denial or cancellation of any necessary license), wars, insurrections, or destruction of any network facilities or servers and/or any other cause beyond the reasonable control of the Moofio.
This Agreement is constituted in many languages which may vary by location. In the event of any inconsistency in meaning between the English version and any version in any other language, the meaning set forth in the English version prevails.
Should you have any questions or concerns with respect to this Agreement or the Services, please contact us by email or postal mail at:
Etiler Mahallesi, Nisbetiye Caddesi Profesorler Sitesi C2 Blok No:126/1
Besiktas/Istanbul - TURKEY