Terms & Conditions
Last updated: 2018-12-10
Welcome to the 1ap service! Please read these Terms of Service (the “Agreement”) carefully. Your use of the Service (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and Tahir Anıl Oğhan (“we” or “us”) concerning your use of (including any access to) our “1ap” mobile app (together with any successor app(s), the “App”). This Agreement refers to the App as the “Service.” Please note that this Agreement hereby incorporates by reference any additional terms and conditions posted by Tahir Anıl Oğhan through the Service, or otherwise made available to you by us.
By using the service, you affirm that you are of legal age to enter into this agreement (which is 18 in most countries), or, if you are not, that you have obtained parental or guardian consent to enter into this agreement, and that your parent or guardian has agreed to be liable for your acts and omissions.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Service. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Service following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Service; charge, modify or waive any fees required to use the Service; or offer opportunities to some or all Service users.
3. Product Sharing. The Service includes a forum where users may post and browse sharing for goods (“Products”). Such sharings and Products are provided by users, and not by us. WE DO NOT SELL, WE DO NOT BUY OR OTHERWISE ACQUIRE ANY PRODUCTS, AND WE DO NOT FACILITATE THE SALE, PURCHASE OR TRANSFER OF ANY PRODUCTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY SUCH SHARING OR PRODUCTS, FOR ANY TRANSACTIONS OR TRANSFERS INVOLVING PRODUCTS, INCLUDING THE SHIPPING OR DELIVERY OF ANY PRODUCTS OR ANY PAYMENTS FOR PRODUCTS, OR FOR ANY DISPUTE BETWEEN USERS RELATING TO ANY SUCH LISTINGS OR PRODUCTS. PLEASE USE CAUTION AND COMMON SENSE WHEN SHARING, BUYING, SELLING OR OTHERWISE TRANSFERRING ANY PRODUCT, OR MAKING OR RECEIVING PAYMENT FOR ANY PRODUCT. YOU ARE RESPONSIBLE FOR YOUR OWN COUNTRY LAW WHERE YOU RESIDE.
Neither the availability through the Service of any such sharing, nor any promotional services that we may make available to the user who posted such sharing, implies our endorsement of the shared Product or the provider of such Product, or any affiliation with such provider. We make no representations as to any Products or sharings, or any providers of Products. Such information and the availability of any Product are subject to change at any time without notice. You must ascertain and obey all applicable laws regarding the marketing, promotion, sale, purchase, share, delivery, receipt, possession and use of any Product. We reserve the right to remove any Product listing for any reason.
You must ensure that you have the necessary authority and permissions to share any Product listing, and to enter into any transaction or make any transfer relating to a Product, including, if you are not of legal age of alcohol usage to do so, by obtaining proper parental or guardian consent. The legal age is 18 in most countries.
4. Platform Principles. This service is provided for free-of-charge sharing of goods between individuals, and the legal aspect of transactions such as the sale, purchase, or transfer of products that their users do not share free of charge may vary according to the laws of the country in which you reside. It is your responsibility to avoid any unlawful conduct or behavior. Otherwise, we are not responsible for any legal problems that may arise from your behavior. All responsibility is on you when using the services.
5. Registration; User Names and Passwords. You may need to register to use all of the Service. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Service account.
6. Profiles and Forums. Service visitors may make available certain materials (each, a “Submission”) through or in connection with the Service, including sharing for Products, and on profile pages or on the Service’s interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality. Company has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SERVICE, YOU DO SO AT YOUR OWN RISK.
7. License. For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Service or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Tahir Anıl Oğhan under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submissions, and your provision thereof through and in connection with the Service, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
8. Monitoring. We may (but have no obligation to) monitor, evaluate, alter or remove Submissions before or after they appear on the Service, or analyze your access to or use of the Service. We may disclose information regarding your access to and use of the Service, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
9. Your Limited Rights. The App is licensed (not sold) to end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Tahir Anıl Oğhan to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial use. If you fail to comply with any of the terms or conditions of this Agreement, (i) you must immediately cease using the App, (ii) you must remove (that is, uninstall and delete) the App from your mobile device and (iii) you are prohibited from using the App on any mobile device until such time as we grant you explicit permission to use the App again. Please note that if you do not accept the system permissions that the App requires from time to time, you may not be able to use the App or certain of its functionalities. You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Service.
10. Tahir Anıl Oğhan’s Proprietary Rights. We and our suppliers own the Service, which is protected by proprietary rights and laws. Our trademarks and service marks include 1ap and any associated logos. All trademarks, service marks and logos on the Service not owned by us are the property of their respective owners. You may not use our trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Service should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
11. Third Party Materials; Links. Certain Service functionality may make available access to information, product requests, services and other materials made available by third parties, including listings for Products and other Submissions (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links.
We neither control nor endorse, nor are we responsible for, any Third Party Materials. Nothing in this Agreement shall be deemed to be a representation or warranty by Company with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials through the Service at any time. In addition, the availability of any Third Party Materials through the Service does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
12. DISCLAIMER OF WARRANTIES. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SERVICE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU BY US ON AN “AS IS,” “WHERE IS” AND “WHERE AVAILABLE” BASIS, WITHOUT ANY WARRANTIES BY TAHİR ANIL OĞHAN OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) TAHİR ANIL OĞHAN DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE AND ANY PRODUCTS AND THIRD PARTY MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH TAHİR ANIL OĞHAN AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “AFFILIATED ENTITIES”), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Service, we do not guarantee that the Service is or will remain updated, complete, correct or secure, or that access to the Service will be uninterrupted. The Service may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Service. If you become aware of any such alteration, contact us at firstname.lastname@example.org with a description of such alteration and its location on the Service.
13. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, COMPANY WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE OR FROM ANY PRODUCTS OR TRANSACTIONS OR SHARINGS OR TRANSFERS RELATING TO PRODUCTS, OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH, AND INCLUDING FROM ANY DISPUTE WITH ANY OTHER USER OF THE SERVICE; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SERVICE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF TAHİR ANIL OĞHAN FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO COMPANY TO USE THE SERVICE, AND (II) TWENTY-FIVE U.S. DOLLARS ($25.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH COMPANY AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
14. Indemnity. To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless Tahir Anıl Oğhan and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Service (including all Submissions); (b) any Products, sharings for Products, transactions or transfers relating to Products, or disputes with other users of the Service; and (c) any violation or alleged violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. Tahir Anıl Oğhan may terminate or suspend your use of the Service at any time and without prior notice, for any or no reason, including if Tahir Anıl Oğhan believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Service will immediately cease, and Tahir Anıl Oğhan may, without liability to you or any third party, immediately block your associated device(s) from accessing or using the Service, and deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2–3, 9, 12 and 14–21 shall survive any expiration or termination of this Agreement.
16. Governing Law; Arbitation. This Convention shall be examined and reviewed by the laws of the Republic of Turkey. The implementation of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
17. Filtering. We hereby notify you that parental control protections (such as software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available online: https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Tahir Anıl Oğhan does not endorse any of the products or services listed on such site.
18. Information or Complaints. If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
19. Copyright Infringement Claims. 1ap respects the intellectual property rights of others. If you believe that your intellectual property rights are being used in a way that may be of concern, please notify us via e-mail at firstname.lastname@example.org.
We advise you to speak to your legal counsel before submitting a notice or counter-notification.
20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Tahir Anıl Oğhan. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in this Agreement shall be construed as if followed by the phrase “without limitation.” This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Tahir Anıl oğhan relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Tahir Anıl Oğhan relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Service or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Tahir Anıl Oğhan will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
21. Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. (“Apple”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Tahir Anıl Oğhan in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Tahir Anıl Oğhan’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.