Section 1: SUGRAPHIC TERMS OF SERVICE
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE
1.1 In order to use Sugraphic Services (The Services), you must first agree to the Sugraphic~Masters Of Art~Membership Agreement (The Terms). You may not use the Services if you do not accept the Terms.
1.2 You can accept the Terms by:
(a) clicking to accept or agree to the Terms, where this option is made available to you by Sugraphic in the user interface for any Service; or
(b) by actually using the Services. In this case, you understand and agree that Sugraphic will treat your use of the Services as acceptance of the Terms from that point onwards.
1.3 You may not use the Services and may not accept the Terms if
(a) you are not of legal age to form a binding contract with Sugraphic, or
(b) you are a person barred from receiving the Services under the laws of the Republic Of Turkey or other countries including the country in which you are resident or from which you use the Services.
1.4 Before you continue, you should print off or save a local copy of the Sugraphic Membership Agreement (The Terms) for your records.
1.5 Where Sugraphic has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the Turkish language versions of the Terms will govern your relationship with Sugraphic.
1.6 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the Turkish language version shall take precedence.
SUGRAPHIC, Masters Of Art. ("Sugraphic, "us", or "we") provides the Sugraphic website, located at http://www.sugraphic.com, and all subdirectories or subextensions thereof (collectively, the "Website") services that allow users to explore photographs, graphics, designs, videos, fine arts, visual arts, practical arts, volume arts, surface arts, art movements and any other artworks in the site, find new artworks that may be of interest to them, receive recommendations of artworks from Sugraphic Photographers (Artists), Graphicers (Artists), Designers (Artists) and any other artists , and join a community of individuals with similar tastes and interests (the "Sugraphic Services"). The services (Sugraphic Fixed Countries Toolbar, Supedia, Suvisa, SuForum, SuMarket, E-Card and any other sharings) offered by us include the Sugraphic Services, the Website, and any other features, content, or, applications offered from time to time by us in connection with the Sugraphic Services and Website (collectively, the "Services").
In order to participate in our Sugraphic Services, you have to set up a Sugraphic Services profile ("Sugraphic Profile"), and you may be required to download content and/or agree to additional terms and conditions. If you sign up for additional services, those additional services will be governed by the additional terms and unless otherwise provided by such additional terms and conditions they are hereby incorporated into this Agreement by reference.
A-) SUGRAPHIC Account
A.1 Eligibility. By using the Services, you represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are fourteen (14) years of age or older; and (d) your use of the Services does not violate any applicable law or regulation. Your Sugraphic Profile may be deleted without warning if we have reason to believe that you do not meet eligibility requirements.
A.2 Password. When you sign up to become a Sugraphic Member, you will also be asked to choose a username for your Sugraphic Profile, and Sugraphic will assign a password that you may change. You are entirely responsible for maintaining the confidentiality of your password and all use of your Sugraphic Profile. You agree not to use the Sugraphic Profile, username, or password of another Sugraphic Member at any time. You agree to notify us immediately if you suspect any unauthorized use of your Sugraphic Profile or access to your password.
A.3 Fees. You acknowledge that we reserve the right to charge for the Services and to change the fees from time to time in our discretion, upon notice to you at the then-current e-mail address stored in your Sugraphic Profile. Currently, we only charge fees if you choose to become a Sponsor, as defined and described in Section A.4 below. Upon using the Services, you will be responsible for the payment of any applicable fees, and shall pay such fees to us.
A.4 Sponsorship. Sugraphic is a free social-photographic (photographs, graphics, designs, videos, fine arts, visual arts, practical arts, volume arts, surface arts, art movements and any other artworks in the site) sharing site. Nevertheless you may choose to become a sponsor of the Website and Services ("Sponsor") by registering as a sponsor and paying the associated fees described on the Becoming a Sponsor. If you become a Sponsor, you will be entitled to the additional functionality and privileges, and any additional restrictions or limitations. Sugraphic Sponsorship fee is -10.00-USD (Ten American Dollars) at least and valid only -1-Year (one).
A.5 Restrictions. Multiple Sugraphic accounts held by the same individual are subject to termination unless expressly authorized in advance and in writing by Sugraphic. Accounts created with the primary intention to promote a product or service are considered "SPAM" and subject to termination unless expressly authorized in advance in writing by Sugraphic.
A.6 Term. This Agreement shall remain in full force and effect while you use the Services or are a Sugraphic Member. You may delete your Sugraphic Profile and end your membership at any time, for any reason. We may terminate your membership for any reason, effective upon sending notice to you at the then-current e-mail address in your Sugraphic Profile. After terminating and/or deleting the account, you cannot claim any rights who is in your favor and/or fees (1.4.Sponsorship).
A.7 Effects of Termination. You understand that termination of this Agreement and your Sugraphic Profile may involve deletion of your Sugraphic Profile information from our live databases. We will not have any liability whatsoever to you for any termination of your Sugraphic Profile or related deletion of your information. Finally, when an account is terminated, we reserve the right to re-issue the username they had selected (for the now deleted account).
Website are made available to you for your personal, non-commercial use only (at home or at work). You may not modify, reproduce, distribute, publish, license, create derivative works from or sell any information or software associated with the Website, without first obtaining written permission from Sugraphic by contacting us at the following email address: privacy AT sugraphic.com. Furthermore, you may not use Website in any manner that could damage, disable, overburden, or impair the Services (e.g., you may not Website in an automated manner), nor may you use Website in any manner that could interfere with any other party's use and enjoyment of the Services. You may not use any third party toolbars, software, or scripts to access the Website or the Websites underlying technology or software.
Section 2: SUGRAPHIC FIXED COUNTRIES TOOLBAR
Important — Please read the terms of this software agreement ("Fixed Countries Toolbar ") carefully. By clicking on the "I Agree" button or using the Fixed Coutries Toolbar (as defined below), (1) you acknowledge that you agree to be bound by this Fixed Countries Toolbar , and (2) you represent that you have the authority to enter into this Fixed Toolbar License. If you do not agree to all terms and conditions of this Fixed Toolbar License you should click on the "Cancel" button to discontinue any use of the Fixed Toolbar (as the case may be). This Toolbar License is a legal agreement between you, the end user ("End User" or "you") and SUGRAPHIC, Masters Of Art, Istanbul/TURKEY, ("Sugraphic", "us" or "we"), for the license of the Sugraphic Fixed Toolbar for the Microsoft Internet Explorer web-browser (IE 7+) and Firefox (3.0.5+), which includes computer software and electronic documentation (the "Toolbar or Fixed Toolbar").
Section 3: INTELLECTUAL PROPERTY
3.1 Ownership. You acknowledge that Sugraphic owns all right, title and interest in and to the Services, including without limitation, Fixed Countries Toolbar, Website, and all underlying software and technology, including without limitation all Intellectual Property Rights. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.
3.2 Members. The site members consist of Directors, Sub-Directors, Sponsors and Flim Members (Free Limited Membership).
3.3 Content. We do not claim ownership in any "Content" (which means any and all postings, e-mails, messages, recommendations, comments, text, files, images, photographs, graphics, designs, video, sounds, works of authorship, feedback, bug reports, fine artworks, visual artworks, practical artworks, volume artworks, surface artworks and any other artworks or other materials-except for Sugraphic’s own photographics and artworks) that you post on, deliver to, or otherwise make available to the Services, but to be able to legally provide you with and promote the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights to the Content that we (or our licensors) own and use to provide the Services to you and other Members, as set forth below.
3.4 Your Content. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, perform, display, create derivative works of, and distribute such Content in any and all media or distribution method (now known or later developed) throughout the world. Additionally, by posting any Content on the Services and making your Content available to others ("Third Parties") via RSS distribution, you hereby grant to all Third Parties an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to copy, display, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you submit, upload, post, transmit or otherwise make available through the Services. You should only upload Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. Other members of the Service will be able to view any Content you post to the Services, subject to your limited ability to prevent access to your Content by changing your account preferences and settings.
3.5 Restrictions. Except for that Content that is owned by you, that is in the public domain, for which you have been given written permission, or as expressly permitted under this Agreement, you agree not to (*) modify, publish, transmit, distribute, perform, sell, or create derivative works based on the Content and Services; and (**) rent, lease, loan, or sell access to the Services; (***) decompile, reverse engineer, or copy any Content (other than the Content you provide) or the Services for which the source code is not provided to you. You also agree to not remove, obscure, or alter Sugraphic's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Fixed Countries Toolbar, Services, photographs, graphics, designs and any other artworks . You will not: (*) cover or obscure the banner advertisements on your Sugraphic Profile page, or any Sugraphic page via HTML/CSS, scripting, or any other means, if any or (**) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
3.6 Objectionable Content. We reserve the right to remove content that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene, contrary to the general moral rules, political ideas, erotic/adult pictures, photographys, graphics, designs, images or otherwise objectionable. Any account posting or hosting objectionable content or recommending objectionable photographs, graphics, designs, images and/or any other artworks and/or materials are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a product or service.
3.7 Software. Any software, including any files, images generated by the software, code, and data accompanying the software owned by Sugraphic (collectively, "Software"), used or accessible through the Site may be used by you solely for accessing and/or using the site for purposes expressly stated on the Site and these terms, provided that such uses are not competitive with or derogatory to the Site. Sugraphic retains full and complete title to and all intellectual property rights in the Software. You agree not to copy, distribute, sell, modify, decompile, reverse-engineer, disassemble, or create derivative works from any Software.
3.9 Trademarks. All trademarks on the Site are either trademarks or registered trademarks of Sugraphic or its affiliates or licensors and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sugraphic. All page headers, custom photographs, graphics, images, button icons, and scripts are service marks, trademarks, and/or trade dress of Sugraphic or its affiliates, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sugraphic. Other trademarks, registered trademarks, product names, and company names or logos displayed on the Site are the property of their respective owners.
Section 4: ACCEPTABLE USE AND CONDUCT
You are solely responsible for any and all Content that is published or displayed ("posted", as used herein) by or through your SUGRAPHIC Profile on the Services, including any e-mail, and for your interactions with other Members.
4.1 Prohibited Content. You agree that you will not post any Prohibited Content. "Prohibited Content" includes, without limitation, Content that: (I) is offensive or promotes racism, bigotry, hatred or physical harm of any kind; (II) harasses or advocates harassment of another person; (III) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, or "spamming,"; (IV) is false or misleading or promotes, endorses or furthers illegal activities; (V) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law; (VI) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (VII) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; or (VIII) otherwise violates the terms of this Agreement or creates liability for us. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, and (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person.
4.2 Breach. Any use of the Services in violation of this Agreement may result in, among other options, termination or suspension of your rights to use the Services. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information and Content we consider necessary or appropriate, including, without limitation, SUGRAPHIC Profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.
4.3 Enforcement by Us. We have the right (but not the obligation) to investigate or review any Content and delete (or modify) any Content that in our sole judgment violates this Agreement or which is Prohibited Content, or may otherwise violate the rights, harm, or threaten the safety of any Member or any other person, or create liability for us or any Member.
4.4 Photographics (The Artworks). You may not post and/or take a photograph, graphic, design, image, picture or any other artwork of another person without that person's permission.
4.5 Antivirus Software. You are responsible for installing, maintaining and using effective anti-virus and spyware prevention technologies, and SUGRAPHIC is not responsible for third-party websites that contain or deliver viruses, spyware, malware, or other harmful content or code.
4.6 Terms of Photographic Upload and Use
4.6.1 Photographics and other artworks (the artworks) cannot be uploaded against Turkish Law No:5846 on Intellectual and Artistic Works and Other International Laws and Copyrights or Copyright Infringements. Otherwise it will be deleted by Site Administration or our directors and/or sub-directors (assistants) .
4.6.2 The Artworks must be JPEG(JPG) format.
4.6.3 The uploaded artworks must be with recommended maximum size 1.080.000 pixels and minimal size is 300.000 pixels.
1.200 x 900 = 1.080.000 pixels
1.024 x 768 = 786.432 pixels
650 x 600 = 325.000 pixels
Recomended size: Width 800x533 or 1.024x685
4.6.4 The maximum size must be 500 kbyte.
4.6.5 All the artworks, pointed 0 and under and remains at this limit are deleted after 24 hours.
4.6.6 The member (Directors, Sub-Directors, Sponsors and Flim Members) can rate his(her) favorite artwork as maximum +4 or minimum -2 points.
4.6.7 Each (+) and (–) points reflect to the artwork point one to one.
4.6.8 The Flim Members can load an artwork at every 24 hours. There is no such a limit for Directors, Sub-Directors and Sponsors.
4.6.9 The Flim Member has the right to upload one more artwork by pointing minimal 10 artworks.
4.6.10 The gained extra right to upload an artwork is permanent. The Flim Member can upload any artwork whenever you want.
4.6.11 The right to upload a new artwork, in case of deleting your artwork is unavailable.So, you should utilize this uploading credits (Flim Members).
4.6.12 The Flim Member can make critiques as many as to all the artworks in the site. But, he/she cannot score the same artists artworks more than 3 times in a week. There is no such a limit for Directors, Sub-Directors and Sponsors.
4.6.13 Every member who uploads their artworks in the Sugraphic-Masters Of Art- has adopted this regulation.
4.6.14~Featured Artworks~ choosen by Sugraphic and ~The Best 5 Artworks Of The Day~ by members can publish as a catalog album to encourage special artists. Only Sugraphic has the right to publish the artwork albums – together details of artist name, category, artwork- with a view to introduce our artists artworks which are choosen as Featured Artworks and The Best 5 Artworks Of The Day. Sugraphic has every economy and authority on the Album Distribution and Printing.
4.7 You agree to not use the Site to:
4.7.1 Upload, post, email, transmit, or otherwise make available any content that we deem to be unlawful, harmful, threatening, abusive, bullying, harassing, false, inaccurate, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that violates any applicable law;
4.7.2 Upload, post, email, transmit or otherwise make available any content that we deem adult or pornographic in nature.
4.7.3 Harm minors in any way;
4.7.4 Create a Sugraphic account that is directed to an audience under 14 years of age;
4.7.5 Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity;
4.7.6 Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site;
4.7.7 Upload, post, email, transmit, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
4.7.8 Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
4.7.9 Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "link farms," "junk mail," "spam," "chain letters," 'pyramid schemes," or any other form of solicitation;
4.7.10 Upload, post, email, transmit, or otherwise make available 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;
4.7.11 Interfere with or disrupt the service, servers, or networks connected to the service, or disobey any requirements, procedures, policies, or regulations of networks connected to the service;
4.7.12 Intentionally or unintentionally violate any applicable local, state, national, or international law, encourage or provide instructions for a criminal offense, or otherwise violate the rights of any party;
4.7.13 Stalk or otherwise harass another; or collect or store unauthorized personal data about other users.
4.8 COMMUNITY RULES: Sugraphic's community has developed a set of rules: an etiquette. These rules are intended to make the community a more relaxing and enjoyable place for all of our members. Please respect them, and heed the guidance of our longer-term members, group owners, forum moderators, and staff members.
Breach of these rules, and failure to adhere to our Terms of Service may result in sanctions being applied to your account, or in its termination.
4.9 POSTING TO FORUMS: When posting to a group forum, please follow these rules
Any breach of forum rules, or failure to heed the request of the group owner or appointed moderators, may result in your posts being moderated (note that warning of this will not necessarily be given). If you persist in breaking the rules, your forum privileges may be partially, or wholly and permanently revoked. Please act responsibly!
Note that the core forums, particularly Help, Bugs, and Features may be stringently moderated at times in order to keep the content topical, and easy to follow. Notice will not necessarily be given when posts are hidden.
4.10 Comments. If you have comments on Sugraphic Fixed Countries Toolbar and Website or ideas on how to improve it, please contact us at www.sugraphic.com/feedback.php Please note that by doing so, you also grant Sugraphic permission to use and incorporate your ideas or comments into Sugraphic Fixed Countries Toolbar and Website without further compensation.
4.11 Links: Third Party Content and Use Of Information: This Site may provide, or third parties may provide, links to other World Wide Web resources. Because Sugraphichas no control over such sites and resources, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on this Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Section 5: THIRD PARTIES AND OTHER USERS
5.1 Third Party Content. Content from other Members, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, you agree that we are not responsible for any such Content, including advertising and information about third party products or services. Because we do not have control over such Content, we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties. By choosing your preferences, you can designate types and categories of content you prefer to access, but SUGRAPHIC cannot guarantee that you will only access the types and categories of information you designate. Some of the content served by SUGRAPHIC will be from affiliated merchant sites (Google AdWords, Google AdSense or any other company’s advertising directly or indirectly) . Sales that occur through these affiliated sites may generate a commission payable to SUGRAPHIC.
5.2 Responsibility. Your interactions with other Members on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other Member or the advertiser. You agree that we will not be responsible for any loss or damage incurred as the result of any such dealings or with respect to any other Member's use or disclosure of your personally identifiable information. If there is a dispute between you and any third party (including any Member), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Members.
5.3 Third-Party Websites and Partner Communities. The Services may contain links to third-party websites ("Third-Party Websites") (a) placed by us as a service to those interested in this information; or (b) posted by other Users. We may also place links or enable interoperability to other social networking communities ("Partner Communities") or use other means to connect the SUGRAPHIC Services to such Partner Communities to give you more possibilities. You use all such links to Third-Party Websites and Partner Communities at your own risk. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website or Partner Community does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website or Partner Community. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Websites or Partner Communities, or websites linking to the Website. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website and Partner Communities, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Section 6: NOTIFICATION OF CLAIMS OF COPYRIGHT INFRINGEMENT
First of all, SUGRAPHIC respects the intellectual property of others (Members and Third Parties) and we require our members to do the same. If you believe that any material (Photograph, Graphic, Image, Picture, Design or any other artwork and/or material) on the Site infringes upon any copyright you own or control, or that any link on the Site directs users to another website containing material that infringes upon any copyright you own or control, you may file a notification of such infringement with us as set forth below or mark the Notification Box which is photographics below as Copyright Infringement to report us: firstname.lastname@example.org
Ayhan ÇAKAR (General Manager)
Ali YILMAZ (Digital-Multimedia Director/Web Designer-Supervisor)
Emrullah KARACA (Turkey-Istanbul City Sub-Director)
Halim Tolga YİĞİT (Turkey-Istanbul City Sub-Director)
Ertuğrul YILMAZ (Turkey-Istanbul City Sub-Director)
Bilgin SÖNMEZ (Turkey-Istanbul City Sub-Director Photographer-Logo Designer)
If you believe that your copyright has been infringed upon, please submit written notification to SUGRAPHIC as specified above and include the following:
SUGRAPHIC has adopted a policy of banning, in appropriate circumstances and at its sole discretion, members who are deemed to be repeat infringers. Sugraphic may also at its sole discretion limit access to any website hosted by Sugraphic and/or terminate the accounts of any members who infringe upon any intellectual property rights of others, whether or not there is any repeat infringement.
Section 7: DISCLAIMER OF WARRANTIES
Sugraphic disclaims any responsibility for any harm resulting from your use of Fixed Countries Toolbar and/or Services. The Services are provided "as is," with no warranties whatsoever. Sugraphic expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including without limitation the warranties of merchantability, fitness for a particular purpose, title, and noninfringement of proprietary rights. Sugraphic disclaims any warranties regarding the security, reliability, timeliness and performance of the Services. You understand and agree that you use the Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of the Services.
Section 8: LIMITATION OF LIABILITY
8.1 Disclaimer. Under no circumstances shall Sugraphic be liable to any member on account of that member's use or misuse of the Services. Such limitation of liability shall apply to prevent recovery of indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort (including negligence), or otherwise, (even if Sugraphic has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use toolbar and Services, or from the interruption, suspension, or termination of fixed countries toolbar and Services (including such damages incurred by third parties). Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.
8.2 Limitation. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of twenty us dollars ($10) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim.
8.3 Release. You hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including, without limitation, personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with other Members, or your participation in any of our offline events.
Section 9: RESOLUTION OF DISPUTES
If a dispute arises between you and Sugraphic, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Sugraphic agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the paragraphs below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to Comments/Questions help page located at www.sugraphic.com/feedback.php We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the Republic of Turkey without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. You agree that any claim or dispute you may have against Sugraphic must be resolved by a court located in City of Istanbul, Turkey, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within City of Istanbul, Turkey for the purpose of litigating all such claims or disputes.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution Consumer Arbitration Committee (Tüketici Hakem Heyeti-THH) provider mutually agreed upon by the parties. The THH provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Sugraphic may recover attorneys' fees and costs up to $500, provided that Sugraphic has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
Section 10: MISCELLANEOUS PROVISIONS
If for any reason a court of competent jurisdiction finds any provision or portion of these Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect. Sections 1, 2, 5, 7, 8, 9 of this Agreement will survive any termination of this agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Agreement will be effective only if in writing and signed by Sugraphic.
11.2 What is Personal Information?
Personal information is information that specifically identifies an individual, such as a member name, address, telephone number, e-mail address, credit card or other account number, and information about that individual’s activities when directly linked to that person. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you.
11.3 Personal Information We Collect
You may provide personal information to us in a number of ways when you visit our Site.
For example, depending on the specific web site, you may provide us with personal information when you:
Your use of the Sugraphic and services described above indicates your consent to these uses of personal information. To operate these services, this information is stored on Sugraphic servers.
Please note that we are not responsible for any personal information that you voluntarily provide as part of any edits or similar submissions to the Site, including, if you register as a member, in your user name, your private messages, or your user profile. We discourage you from including personal information in any such edits or submissions, as such information may be publicly available.
11.4 How We Use Personal Information
In general, we may use personal information to process your requests or transactions and provide you with high-quality services or to inform you about other products or services we think will be of interest. For example, we use your information to provide online editing and publishing services to you and to display customized content and advertising, including to provide ads, content or features that match your profile and interests. We may also use personal information for certain auditing, research and analysis to operate and improve Sugraphic technologies and services. Your personal information may also be used to set up or contact you regarding your account. When we use your personal information, it may be processed on our servers in the Republic of Turkey and in other countries, and your information may be processed on a server that lies outside your own country.
11.5 Use of Aggregate Information
Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of services or users, from which individual identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Aggregate data helps us understand trends and customer needs so that we can better consider new services and tailor existing services to customer desires. We may share aggregated non-personal information with third parties outside of Sugraphic.
11.6 Sharing of Personal Information
In general, Personal Information you submit to us is used by us either to sign you up for our community, respond to requests that you make, to improve our community and Services and to better tailor the features, performance and support of the Services and the Toolbar, and to offer you additional information, opportunities, and functionality. We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails, should you request to receive such communications from us.Information you provide, with the exception of your email address, will also be displayed on your profile page which is viewable by other members of Sugraphic. Please be aware that if you enter any Personal Information into publicly available sections of the Sugraphic Services, this information will be displayed to anyone who has access to these sections. These publicly available sections of the Sugraphic Services include, without limitation, posts and comments of other Sugraphic Members.
We may create Anonymous Information records from Personal Information by excluding information (such as your name) that make the information personally identifiable to you. We may use this Anonymous Information to analyze usage patterns so that we may enhance our community and Services. We reserve the right to use and disclose Anonymous Information to third parties in our discretion. In addition, information about our members, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing, sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of the business assets of the company.
If we delete your account at your request, we will delete all Personal Information from the account, but we retain the right to maintain non-personally identifiable information about the account (e.g. date created, date terminated, total favorites, etc.). Also, if we terminate your account as allowed under the Terms of Service, we may choose to maintain all data collected from your use of the Sugraphic Services, including Personal Information.
11.7 Links to Other Web Sites
11.8 Use of the Sites by Children
We encourage parents to take an active interest in their children's use of the Internet. We do not intend to collect information from children who are under 14 years of age. If you are under 14, you may not register for our service and you should not provide personal information on our Site. If you are between 14 and 18, you have to let your parent know about your Sugraphic Membership. You acknowledge and agree that Sugraphic is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources because you are under 18 or uses the services.
11.9 Ratings and Feedback
When you click on the rating buttons in the Toolbar, you are explicitly sending information about your preferences for the site currently displayed in your browser. Sugraphic uses this information in order to improve its recommendations to you, and to others.
We have put into place reasonable security measures in an effort to protect personal information while it is under our control. For example, your account information is accessible online only through the use of a password. To protect the confidentiality of personal information on such sites, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of our Site and Services by any person using your password. Please contact us immediately if you believe your password has been misused.
11.11 Policy Changes
Section 12: ADVERTISEMENTS and OTHER CONTENTS
12.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information.
12.2 The manner, mode and extent of advertising by Sugraphic on the Services are subject to change without specific notice to you.
12.3 In consideration for Sugraphic granting you access to and use of the Services, you agree that Sugraphic may place such advertising on the Services.
12.4 The Services may include hyperlinks to other web sites or content or resources. Sugraphic may have no control over any web sites or resources which are provided by companies or persons other than Sugraphic.
12..5 You acknowledge and agree that Sugraphic is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
12.6 You acknowledge and agree that Sugraphic is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
This document was last revised October 29, 2010