TERMS OF USE

1. Parties

1. 1. www.modiverse.com website (“Website”) is provided by ARDIC ARGE Bilgi ve Teknoloji Çözümleri Anonim Şirketi (“ARDIC”) located at TÜBİTAK MAM Gebze Yerleşkesi Teknoloji Serbest Bölgesi Yeni Teknoloji Binaları B Blok 205-206 41470 Gebze-Kocaeli.

1. 2. Users understand that these Terms of Use (“Terms”) shall become effective as soon as they access the Website and that they are obliged to comply with the provisions set out in these Terms.

1. 3. In these Terms, ARDIC and the User shall separately be referred to as “Party” and as “Parties” collectively.

2. Subject of the Terms

The subject of these Terms is to determine the terms and conditions with respect to the use of the Website by the Users and to set out the rights and obligations of the Parties accordingly.

3. Rights and Obligations of the User

   1. The Website is open to anyone on condition that they use the Website in compliance with particularly these Terms, the terms set forth by ARDIC that are published on the Website and with the relevant legislation. With respect to any activity carried out on Website, the Users shall comply with these Terms and other terms, that may be published on the Website from time to time, laws, ethics and manners and principle of honesty, and shall not act in a manner that would hinder the operation of the Website, infringe or constitute a risk to infringe the rights of third persons in any way.

1. 2. Use of the products and services presented on the Website is subject to the execution of a relevant separate agreement by and between the User and ARDIC. Contents on the Webiste such as statements, publications shall not be interpreted as an undertaking of ARDIC concerning to offer any product or service to any User.

1. 3. The User shall bear any legal, administrative and criminal responsibility that may arise from the use of the Website. ARDIC shall not be held responsible, directly and/or indirectly for any manner whatsoever, for the damages that is or may be incurred by third parties in consequence of the activities of the User carried out via the Website, and/or of their breach of these Terms or law. Any claims to be submitted by third parties within this scope, and damages incurred by ARDIC that may arise from the failure of the User to fulfill their obligations stated in the Terms, shall be recoursed to the User to be paid upon first demand.

1. 4. The User agrees that the access to the Website may be blocked temporarily in order to implement the improvements and other changes to the Website.

4. Rights and Obligations of ARDIC

   1. All rights, title and interest on the Website, any content on the Website and all software and other products provided via Website and services related to such shall belong to ARDIC. Any provision herein shall not be interpreted as such rights, title and interest are assigned to the Users partly or wholly. These Terms grants a right only for the use of the Website for the purpose of being informed of the ARDIC products and services, and the User shall not copy, amend, reproduce, reverse engineer the Website and the related content (including all software and other products provided on the Website), attempt to extract the source code by decompilation or by any other way, create derivative works and/or compete with the Website in any other manner. It is strictly prohibited to change the browser and content regarding the Website, and to provide links to or from the Website without the express consent of ARDIC.

1. 2. The User shall be strictly prohibited from (i) carrying out activities that may threaten the security of the Website, make any attempts that may hamper the operation of the software of the Website or block the use of other users to the Website; or (ii) put disproportionate load to the system which may cause the aforementioned problems; gain unauthorized access to the information published on the Website and/or inputted by other persons; copy, remove, change said information or make any attempts to do so; (iii) carrying out activities that generally threaten the general security of the Website and/or that may damage the Website, ARDIC and other Users; (iv) using any software that may restrain the operation of the Website and the software, make any attempts to use such or disrupt the operation of any kinds of software, hardware and servers, cause breakdown of such software, hardware and servers, reverse engineer, attack, keep occupied or interfere with such software, hardware and servers in any other manner; or attempt to access the ARDIC servers.

1. 3. ARDIC reserves the right to unilaterally amend, make additions to or renew these Terms, the Privacy Policy which is an annex to these Terms and other terms published on the Website and reorganize the Website, change its subject, scope, and content, and terminate the publication. Amendments made by ARDIC on the Terms, Privacy Policy and the other terms shall enter into force on the date of the publication on the Website and the User shall be deemed to accept the updated terms by using the Website.

1. 4. Rules with respect to the User information are set forth in the Privacy Policy. ARDIC shall not use the User information out of the scope stated in these Terms and the Privacy Policy and shall not disclose such information to the third parties.

5. Limitation of Liability

   1. ARDIC shall not be responsible for any direct or indirect damages arising from the access to the Website or from the use of the Website or the information and other data on the Website. ARDIC does not accept any liability in case of interruption of the operation, deleted data, data loss, the delay of the transaction or network, computer virus, communication error, theft, destruction or the unauthorized access to records, change of records or use in any manner. The User accepts that ARDIC is held harmless from any liabilities, claims and damages including court and other expenses that may arise from the access to the Website or other linked sites or from the use or visit of the Website.

1. 2. The User acknowledges and declares that links to the websites and/or platforms, files or contents which are not controlled by ARDIC may be given via the Website, third party services may be offered, and that said links shall not be considered as provided for purposes of support to the website or its operator, or as undertaking or guaranteeing anything with regard to the Website or its content, ARDIC shall not be liable for the platforms, websites, files and contents, services or goods or their content.

1. 3. To the extent allowed by applicable law, ARDIC shall not be liable for any direct, indirect, special, consequential or exemplary damages which may be incurred as a result of the use of the Website, including but not limited to loss of profit, loss of goodwill or business reputation. Features and other content of the Website are being offered “AS IS” and ARDIC dos not provide any commitment or undertaking with regard to the authenticity, accuracy or security of such. Furthermore, ARDIC disclaims all warranties, whether express or implied, including but not limited to the implied warranties and conditions of merchantability and fitness for a particular purpose or use or non-breach.

1. 4. The User acknowledges and declares that the availability and quality of the Website and contents provided via the Website substantially depend upon the service quality provided by the relevant Internet Service Provider and that ARDIC is not responsible for any problems arising from such service quality, that they are aware that the operation of the Site is not error free and malfunction and blocked access may be occurred from time to time.

1. 5. The User acknowledges that ARDIC does not guarantee the absence of viruses, worm or any other attacks and unauthorized access to the Website; or transfer of information from or to the Website.

6. Validity of the terms and termination

   1. These Terms and the Privacy Policy which is an annex to and an integral part of these Terms and all terms set forth on the Website shall become effective as soon as Users access the Website.

1. 2. ARDIC may suspend or terminate the Website and/or these Terms for a definite or indefinite term at its own discretion. ARDIC reserves the right to block access of any user(s) to the Website without a cause.

7. Dispute Resolution

With respect to the disputes that may arise regarding these Terms primarily the provisions set out herein, if not, the laws of the Republic of Turkey shall be applied. Çağlayan Courts and Execution Offices of Istanbul shall have jurisdiction in all disputes arising from the execution of these Terms.