The Guide Istanbul Terms & Conditions

Please read these Terms of Use in order to use The Guide Istanbul website (hereinafter to be refered to as the “Website”) which is a website offering general personal recommendations provided as opinions concerning bars, restaurants, city life contents, event calendar and guide pages etc. This 'Terms of Usage Agreement' ("Agreement") informs visitors of the rules and policies that govern our website communities. IF YOU DO NOT AGREE WITH THE TERMS OF THIS AGREEMENT, OR ANY POSTED GUIDELINES OR RULES, THEN DO NOT USE THIS WEBSITE. WHEN THE WEBSITE IS USED, IT MEANS THESE TERMS OF USE HAVE BEEN READ AND ACCEPTED.

By using the Website, the User represents he/she will comply with the terms of use and will not violate respective regulations or the terms of use and he/she agrees these terms of use. People who will act in accordance with these terms of use or provisions of respective regulations have the right to use the Website.

Any kind of statement posted or to be posted by theguideistanbul.com on the Website concerning the use, contents, applications or users is included in the scope of these Terms of Use and by accepting these Terms of Use, the User shall be deemed to accept such statements as well.

I- DEFINITIONS

theguideistanbul: The Guide Istanbul website is a division of and owned and operated by Apa Group.

Website: represents the website consisting of the domain name www.theguideistanbul.com and sub-domain names affiliated to this domain name, and the media where value added services created in connection with this site are offered;

User: represents a person who uses the Website without being a subscriber and by accepting these Terms and Conditions of Use;

Subscriber: represents a person who uses the Website as a “subscriber” accepting these Terms and Conditions of Use, and the Subscription Agreement by being a subscriber to the Website;

Content: represents materials supplied by theguideistanbul.com including information, pictures, music, illustrations etc. posted or made available on or through the Website and/or any website;

Service(s): represents services offered by the Website to Users and/or Subscribers within the Website.

II- RIGHTS AND LIABILITIES OF THE PARTIES

A- Rights and Liabilities of Users and Subscribers

1- Right to Browse, Make Comments and Express Opinions on the Website

All Users and Subscribers of the Website may read content written by editors and writers or browse within the Website. However, registration with the website is required in order to access certain services, including, without limitation, e-mail alerts, user ratings, and listing and article comment posting. Your registration information will be handled by us in accordance with our Privacy Policy which you should review prior to registering with us.

2- Right to Use and Responsibilities

The User accepts, represents and guarantees to use the Website only to view content available on the Website and make use of the Services provided through the Website, and not to otherwise use the Website as specified below or unlawfully including, but not limited to the following, and if does so, all legal and penal liabilities will belong to himself/herself and the Website reserves its right to any action, claim or proceedings.

  • - Using the Website for any illegal or fraudulent purposes;
  • - Unauthorized access to the account of someone else;
  • - Unauthorized use of any content copyrighted, protected under trade laws or owned by 3rd parties or use of such content without being its owner;
  • - Use of comments or scoring systems for any purpose other than those of the Website;
  • - Spreading chain letters or unwanted e-mails (spam);
  • - Spreading viruses or any other technology causing damage to the Website; causing damage to Users as such;
  • - Copying, changing or unauthorized spreading of the Website content; impairing, altering or reverse engineering the Website wholly or partially;
  • - Collecting any information related to Users, including e-mail addresses without their authorization;
  • - Attempting to access to the Website in a way unreasonable or causing overburden to the system.

The User accepts, represents and guarantees that his/her use of the Website or transactions he/she has performed on the Website are in compliance with the law, and any legal and penal responsibilities for any transaction or act he/she has performed within the Website belong to himself/herself.

The User accepts and guarantees not to go into any direct and/or indirect competition with Idemama in any way.

Idemama has no direct or indirect responsibility for any damage to third parties due to any transaction performed by a User on the Website. The Website represents and accepts to promptly indemnify Owners/Directors of theguideistanbul against any damage which is incurred or may be incurred to due to any direct or indirect damage by the Users.

3- Liability for not Violating Proprietary Rights or Laws

The User accepts, represents and guarantees, while using the Website, not to violate any law or regulation applicable in the Republic of Turkey in any way; not to duplicate, copy, distribute or handle any work considered a work within the Code of Intellectual and Artistic Works and published on the Website and owned by theguideistanbul.com or 3rd parties; not to use any text, logo, symbol, proprietary mark, visuals, animations, photos, graphics or videos without approval of the Website and not to cause confusion with them; and that he/she knows that unauthorized use of graphics or unauthorized excerptions are prohibited and he/she will always comply with respective regulations; and that if he/she uses any work on the Website in breach of law, all legal and penal responsibilities will belong to himself/herself.

Any content available on the Website which is owned by theguideistanbul or used under a license obtained from any third party, including but not limited to interfaces, database, designs, texts, images, html codes and other codes may not be resold, shared, distributed, exhibited and made available for access of third parties in whole or in part. All rights of theguideistanbul, including any kind of material or intellectual property rights are reserved.

4- Liability for Confirmation in Decision Making by Using Information Available in the Website Content

The User acknowledges that all information and matters provided on the Website, unless expressly stated otherwise, are personal opinions of respective author pursuant to his/her own life knowledge and such personal opinions are not binding, cannot be considered a scientific information in no ways or no transaction or decision can be made based on such personal knowledge.

When the User will take any action or make a decision based on such personal knowledge, he/she must confirm such knowledge with scientific sources and his/her own perceptions and make a decision only relying on such scientific ways/methods and sources. Otherwise, the Website shall not be responsible for any decision made or action taken by the User relying on writings on the Website, which only consists of publication of sharing completely made of personal (and scientifically unconfirmed) information.

B- theguideistanbul /Rights and Liabilities of the Website

5- Information about the Website Content and Security

theguideistanbul does not represent, undertake or guarantee accuracy or reliability of the Website content or that it does not contain any virus or other harmful items. Therefore it recommends the User to be careful for such software or contents and use virus removal software recognized in the market. Any damage, which may be incurred as such, is at the User’s risk.

Links can be given on the Website to other websites, files or contents, which are not in control of the Website. The Website does not aim to support any website which such link directs to or owner of it. Such websites, files or contents may contain illegal matters. The Website has no responsibility for such websites, files or contents.

Provider of any content is the sole responsible for such content provided by the Users or third parties. Therefore the Website or its cooperating entities have no responsibility for such content. The Website does not represent or guarantee lawfulness, accuracy or reliability of any content provided by the Users or third parties.

6- Right to Change the Website Content

theguideistanbul may change any information and content provided or to be provided on the Website, and terms of use or subscription at any time at its sole discretion. Such changes shall be effective when posted on the Website. All such changes made by Idemama are considered to be accepted by the Users in advance. The Users may not hold theguideistanbul responsible for any change. Any information, content, or terms of use or subscription posted on the Website, including these Terms of Use may not be changed by the Users unilaterally.
theguideistanbul may make any information or content uploaded to the system by the Users unavailable to third parties, including the Users, or delete such information or content.

7- Force Majeure and Technical Failures

In any case of force majeure, theguideistanbul shall not be liable for late performance or nonperformance of any statement provided or to be provided in these Terms of Use or on the Website by theguideistanbul concerning use, contents, applications or users. In such cases, theguideistanbul may not be held responsible for its nonperformance or delay in performance of its obligations.

theguideistanbul may be temporarily out of order for any technical reason. theguideistanbul undertakes no responsibility for any deficiency, interruption, removal, failure or damage in communication or information flow or for any unauthorized access.

8- Sharing of User Information

theguideistanbul shall share any User information it has with respective competent authorities if duly requested by such competent authorities pursuant to applicable regulations. theguideistanbul reserves its rights arising from the Confidentiality Policy.

9- Nonwaiver

In case theguideistanbul does not exercise any of its rights provided by any clause of these Terms of Use, it shall not constitute a waiver from such right or liability by theguideistanbul for a similar case.

These Terms of Use do not release the User from any rule he/she is liable for complying with by law or remove such liability and are provided in addition to such rules and laws.

10- Enforcement

In case of any provision, term or text contained in the Terms of Use is found to be invalid, non-binding, revocable or unenforceable, or in breach of any law or regulations of governmental authorities, it does not affect binding nature of other provisions or the agreement and its annexes.

11- Language, Applicable Law and Authorized Court

The User acknowledges that, if these Terms of Use are provided as a translation from the original English text, such translation is provided for convenience of the User only and is subject to the English text of these Terms.

In case any incompatibility between the English text and translation of the Terms, the English text prevails.

The parties accept that, in case of any dispute arising from these Terms of Use, Turkish Law shall be applicable and Central Courts and Execution Offices in İstanbul shall be authorized.