Terms of Service
Terms of Service
APPLICATION OF TERMS
-This Terms of Service applies to all Services provided by Engineering World to all Users and represents the entire agreement and understanding between Engineering World and the User, and supersedes any other written or oral agreement.
-By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Website, you agree to this Terms of Service and all other operating rules, policies and procedures that may be published from time to time on the Website by us, each of which is incorporated by reference and each of which may be updated from time to time without noticing you.
-The current Terms of Service is always available on Engineering World’s Website. Upon notice published on its Website, Engineering World may modify and/or amplify these Terms of Service, as well as discontinue or change Services offered.
“User,” and/or “You” mean you, as an individual that uses the Services Engineering World provide, including but not limited to general visitors of the Website.
“Engineering World” means the entity delivering the Services to you as set out on the Website and any of its subsidiaries or affiliated entities.
“Service” or “Services” means any and all services provided by Engineering World under this TOS and any other services requested by you which may be provided from time to time as set out on the Website.
“Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.
“Use License” means a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content, of which we grant each User of for the Services subject to this Terms of Service. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
“Website” means www.engineeringworldchannel.com website pertaining to Engineering World.
GENERAL TERMS AND CONDITIONS
-Engineering World sets out the rules and guidelines for using the Services. By using any Service provided by Engineering World, you agree that the Services may only be used accordingly to the law. Any use of these Services, which violates any local, state, federal, or international laws, which may apply to Engineering World, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited.
While using the Service, you may not:
-Restrict or inhibit any other user from using the Services.
-Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, including without limitation the Republic of Turkey export control laws and regulations, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
-Post, publish, transmit, reproduce or distribute any information or data which contains a virus or other harmful component; post, publish, transmit, reproduce, distribute or in any way exploit any information, software, or other material obtained through the service for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material).
-Make, attempt or allow any unauthorized access to Website.
-Infringe on anyone’s intellectual property rights.
-Do anything else which could bring Engineering World into disrepute or violate the rights of any person.
-You shall not directly or indirectly: (i) reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services and/or the Website, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
-You agree that you as the person legally responsible for use of the Services must be the minimum age required to enter into a contract in the area in which you reside, and, in any event, must not be less than 18 years of age.
-We 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 this TOS, 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 us, our users and the public.
-We may terminate your access to all or any part of the Services at our discretion at any time, with or without cause, with or without notice, effective immediately. Engineering World may deny you access to all or part of the Service without notice if you engage in any conduct or activities that Engineering World, in its sole discretion, believes violates any of the terms and conditions in this TOS. Engineering World shall have no responsibility to notify any third-party providers of services, merchandise or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Under no circumstances, including termination or cancellation of our Service to you, will we be liable for any losses related to actions of other Users.
-We may amend this TOS from time to time. In a case of any amendments, we will update TOS on our Website accordingly. You must read this page each time that you use our Website.
REPRESENTATIONS AND WARRANTIES
-Engineering World represents and warrant: (i) that we will use commercially reasonable efforts to perform the Services in a professional manner; and (ii) that we have the right to provide all components of the Services to you. Your sole and exclusive remedy for our breach of warranty is for us to reperform the Services, if possible.
-You understand and agree that Engineering World has no special relationship with or fiduciary duty to you. You irrevocably release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.
-You agree that we are not responsible in any way for damages caused by third parties who may use our Services, including but not limited to people who commit intellectual property infringement, defamation, tortious interference with economic relations, or any other actionable conduct towards you.
-Other than specified in this TOS, Engineering World MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND FOR THE SERVICES BEING OFFERED. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. No advice or information given by Engineering World or its agents or employees shall create a warranty. Engineering World provides no warranty that the Service will be uninterrupted or error free or that any information or other material accessible on the Service is free of viruses or other harmful components. Under no circumstances shall Engineering World be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the Service. If you are dissatisfied with Engineering World Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service.
-THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE PROVISIONS OF THIS “REPRESENTATIONS AND WARRANTIES” SECTION SHALL BE CONSTRUED TO LIMIT THE GENERALITY OF THIS SECTION.
LIMITATION OF LIABILITY
YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD US OR OUR LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, COST SAVINGS, REVENUE, BUSINESS, ANY KIND OF RELATIONS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR ANY OTHER LEGAL MATTER. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU IN THE AGGREGATE WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS TOS OR UNDER ANY OTHER AGREEMENT OR DOCUMENT FOR AN AMOUNT GREATER THAN THE FEE ACTUALLY PAID BY YOU TO NOSET SERVERS FOR THE TERM. IN THE EVENT OF ANY LIMITATION OR EXCLUSION OF THE LIABILITY MENTIONED ABOVE BY LAW BASED UPON THE JURISDICTION YOU AGREE THAT OUR LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
APPLICABLE LAW, JURISDICTION, AND RESOLUTION OF DISPUTES
In the event of a dispute between the parties relating to the Services or this TOS, the parties agree and undertake to discuss the dispute and negotiate in good faith in an effort to resolve the dispute.
This TOS shall be governed by the applicable laws of the Republic of Turkey. Users agree that all Services provided by Engineering World provided in the city of Istanbul, Turkey. Users further agree that the Central Courts of Istanbul, Turkey, shall have jurisdiction.
This TOS supersedes any written, electronic, or oral communication you may have had with Engineering World or any agent or representative thereof, and constitutes the complete and total agreement between the parties.
If any provision of this TOS is determined to be void, invalid or unenforceable, all other provisions shall remain in full force and effect and said provision shall be reformed only to the extent necessary to make it enforceable.
We shall not be liable for any delay or failure in performance due to events outside our reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failures of telecommunication carriers, delays of common carriers, or other circumstances beyond its reasonable control.
Any delay or forbearance by either party in enforcing any provisions of this TOS or any of its rights hereunder shall not be construed as a waiver of such provision or right thereafter to enforce the same.
Paragraph headings have been included in this TOS for convenience only and shall not be considered part of, or be used in interpreting, this TOS.
This Terms of Service does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.