1.1 These Terms of Use shall govern the rights and obligations between Modalite.net (hereinafter as the “Provider”) and other persons, users of Modalite.net services (hereinafter as the “User”), arising from service contracts (hereinafter as the “Service Contract”) concluded via the Provider´s website at the Internet address: Modalite.net (hereinafter as the “Website”). The Terms of Use shall further govern the rights and obligations connected with the use of service, website and other related legal relations.
1.2 The Provider shall be entitled to change or supplement the Terms of Use. Changes shall take effect upon their publication on the Website.
2.1 Under the Service Contract, the Provider undertakes to include the User in the Modalite.net system. The User undertakes to provide its valid personal data.
3.1 The Service Contract shall be concluded by entering the User´s e-mail address on the Websiteç For the purposes of the Terms of Use, an e-mail address specified by the User shall be deemed correct. The User agrees that the Provider may start providing the service according to the Service Contract as soon as the Contract is concluded. The User agrees with the use of remote communication means when concluding the Service Contract. Any costs incurred by the User in connection with using remote communication means for the conclusion of the Service Contract (e.g. Internet connection costs) shall be borne by the User.
4.1 The Provider shall not be obliged to provide the service if it is prevented from providing the service due to problems on the side of the User or other persons. The Provider shall not be obliged to provide the service especially in the event of a power cut, data network failure, other failures caused by third parties or in the event of Force Majeure.
4.2 When the service is being provided, outages, temporary restrictions, interruptions or quality deterioration might occur.
5.1 The service shall be accessible to the User only. Without the Provider´s prior consent, the User shall not be entitled to allow any third parties to use the service.
5.2 In connection with the service, the User shall not use any mechanisms, tools, software or procedures which have, or could have, a negative impact on operation of the Provider´s equipment, safety of the Internet or other Internet users.
5.3 The User shall not engage in an activity which could block or limit operation of the Provider´s server where the service is run, attack the server in any other way, or assist a third person in such conduct. In particular, the User shall not burden the Provider´s server where the service is run with automated requests.
6.1 The User acknowledges that any software the Website comprises shall be subject to copyright. The User undertakes that it shall not carry out any activity which could allow the User or third parties to intervene in or use without authorization the software whose property rights or rights of use belong to the Provider.
6.2 In relation to the User, the Provider shall not be bound by any codes of conduct within the meaning of sec. 53a, par. 1, of the Civil Code.
- ask the Provider or processor for an explanation,
- ask the Provider or processor to rectify the situation. This might involve blocking, modification, addition or disposal of personal data in particular. If the User´s request pursuant to the previous sentence is considered justified, the Provider or processor shall rectify the defect immediately. If the Provider or processor fails to comply with the request, the User shall be entitled to contact the Office for Personal Data Protection directly. This provision shall be without prejudice to the User´s entitlement to contact the Office for Personal Data Protection directly in this context.
7.1 Personal data of the User, who is a natural person, shall be protected pursuant to Act no. 101/2000 Coll., on the Protection of Personal Data, as amended.
7.2 The User, who is a natural person, consents to processing of the following of its personal data: e-mail address, town/city of residence (hereinafter all together as “Personal Data”).
7.3 The User gives consent to the Provider with processing of the User´s Personal Data in order to fulfil the obligations under the Service Contract and with being sent other commercial messages by the Provider.
7.4 The Provider may have the User´s personal data processed by a third party as the processor.
7.5 The User acknowledges that it shall be obliged provide correct and accurate personal data and inform the Provider without undue delay about any changes therein.
7.6 Personal data shall be processed for an indefinite period of time. Personal data shall be processed electronically in an automated way or in printed form in a non-automated way.
7.7 The User confirms that the personal data the User provides are accurate and that it has been informed that the provision of personal data is voluntary. The User represents that it has been informed that it may revoke its consent with the processing of its personal data by the Provider by written notification delivered to the Provider´s address.
7.8 If the User believes that the Provider or processor (sec. 7.4) processes its personal data in a way which is contrary to the protection of the User´s private and personal life, or in violation of the law, especially if its personal data are inaccurate as regards the purpose of their processing, the User may:
7.9 If the User asks for information about the processing of its personal data, the Provider shall be obliged to provide such information to the User. The Provider shall be entitled to require a reasonable fee for the provision of the information in accordance with the previous sentence. However, such fee shall not exceed the costs necessary to provide the information.
7.10 The User consents to being sent information and commercial messages by the Provider which are connected with the Provider´s services or business to the User´s address.
8.1 The User, who is a consumer within the meaning of sec. 52, par. 3, of Act no. 40/1964 Coll., Civil Code, as amended (hereinafter as the “Civil Code”), shall be entitled, pursuant to the provisions of sec. 53, par. 8A), of the Civil Code, to withdraw from the Service Contract by sending a request to cancel the use of the service from the e-mail address the User specified when concluding this Agreement.
9.1 The User, or another person using the Website, acknowledges that without the Provider´s prior written consent it shall not be entitled to use the texts, graphic works or other objects which can be found on the Website and are protected by copyright.
9.2 The User agrees that it may only place such content onto the Website which was created by the User or whose author provided consent to the User to make the content available via the website. The User represents that by placing and making the content available on the Website, third party copyrights or other rights shall not be breached and generally binding legal regulations shall not be violated.
9.3 To the extent stipulated in sec. 5 of Act no. 480/2004 Coll., on certain information society services, and in accordance with this provision, the Provider shall not be liable for any activities of users.
9.4 When using the Provider´s Website (server), the User shall not be entitled to use mechanisms, software or other procedures which can or could have a negative impact on operation of the Website or server.
9.5 The User shall be entitled to post information on the Website. This involves creation of sets (collages), collections, uploading images and posting comments (hereinafter as the “Contributions”) in particular. The Contributions represent the opinion of the author and do not represent opinions of the Provider. The Provider shall not be liable for the truthfulness of the information contained in the Contributions and for compliance of such information with legal regulations.
9.6 The Provider shall be entitled to remove any Contribution without giving a reason.
9.7 Once posted, the Contributions shall become property of the Provider and their author thereby transfers the rights related to such Contributions, even if they are considered Work within the meaning of Act no. 121/2000 Coll., on Copyright: to use, modify, copy, distribute, pass on, publicly implement, reproduce, publish, sub-license, transmit or sell any such communication and to create derivative Work from them, or sub-license unlimited rights to a third person to exercise any of the foregoing rights granted in relation to such Contributions.
9.8 By posting a Contribution, the User waives any right to remuneration and represents that it shall not limit the way the Contributions posted by the User are to be used.
9.9 The User shall not be entitled to any remuneration for posting the Contributions.
9.10 The Provider shall be entitled to assign the right to use the Contributions to a third person (as exclusive or non-exclusive).
10.1 If the relationship related to the use of the Website or the legal relationship established by the Service Contract contains an international (foreign) element, the Parties agree that the relationship shall be governed by Turkish law.
10.2 The Service Contract, including the Business Terms and Conditions, shall be archived by the Provider in electronic form and shall not be accessible to the public.
10.3 Provider´s contact details: e-mail address: info@modalite.net
