Terms and Conditions
By downloading or using the app, these terms will automatically apply to you - you should make sure therefore that you read them carefully before using the app. You're not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You're not allowed to attempt to extract the source code of the app, and you also should not try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to Codeway Dijital Hizmetler Anonim Sirketi.
Codeway is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you're paying for.
The Pixelup App (App) stores and processes personal data that you have provided to us, in order to provide our Service. It's your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone's security features and it could mean that the App won't work properly or at all.
You should be aware that there are certain things that Codeway will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but Codeway cannot take responsibility for the App not working at full functionality if you don't have access to Wi-Fi, and you don't have any of your data allowance left.
If you're using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Codeway cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged - if it runs out of battery and you can't turn it on to avail the Service, Codeway cannot accept responsibility.
With respect to Codeway's responsibility for your use of the App, when you're using the app, it's important to bear in mind that although we endeavor to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. Codeway accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the App.
At some point, we may wish to update the App. The App is currently available on iOS and Google Play Store– the requirements for system (and for any additional systems we decide to extend the availability of the app to) may change, and you will need to download the updates if you want to keep using the App. Codeway does not promise that it will always update the App so that it is relevant to you and/or works with the iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
Changes to This Terms and Conditions
We may unilaterally amend and update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. we will notify you of any changes by posting the new Terms and Conditions on this page. These amendments shall be effective on the date when they are published. The User is obliged to follow these amendments and updates and shall be deemed to have agreed with these amendments in case the User confirms these amendments and continues to use Codeway Apps following the publication.
The User acknowledges that it cannot gain a title and/or status of Codeway's representative, authorized person, agent, commercial representative, stakeholder, solution or business partner, dealer etc. by concluding this Agreement; therefore, the User shall not be able to disclose a notification to be interpreted as such in any documents, brochures and advertisements to be arranged by and between third parties, on its website or in its references.
These terms and conditions are effective as of 19-11-2021
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at via firstname.lastname@example.org
CODEWAY END-USER LICENSE AGREEMENT
- 1.1. Codeway Dijital Hizmetler Anonim Sirketi (the “Codeway”), a Turkish corporation located in İstanbul/Turkey, is pleased to provide you, as the user (User), its branded mobile applications and any and all related documentation (each, an “Codeway App” and collectively the “Codeway Apps”) list of which is available at the Apple App Store and/or Google Play.
- 1.2. You hereby agree to be bound by these Terms of Service (the “Terms”) of Codeway any time you use or access the Codeway Apps and any of our other products or services located in the Apple App Store and/or Google Play (each an “Service” and collectively the “Services”). Your use of the Services is subject to your acceptance and compliance with these Terms. “Use” or “using” means hereby to access, install, download, copy, in-app purchasing or otherwise benefit from using the functionality of the Codeway Apps as per with the documentation. Please read this End-User License Agreement (the “Agreement”) carefully before accessing, downloading or using any Codeway Apps, for the concerning Agreement governs your use of the Codeway Apps and how we provide the Codeway Apps. If you do not agree these Terms, do not use the Services. Each time you use or access the Services, the current version of these Terms shall apply. This Agreement also includes additional payment terms, in-app purchase options and other requirements set forth on the download or purchase page/ platform through which you purchase or download the Codeway Apps.
- 1.5. NOTICE TO PARENTS AND LEGAL GUARDIANS: BY GRANTING YOUR CHILD APPROVAL TO DOWNLOAD, INSTALL, USE, ACCESS, IN-APP PURCHASE THE CODEWAY APPS, YOU HEREBY AGREE TO THE TERMS OF THIS AGREEMENT ON BEHALF OF YOUR CHILD. YOU ARE RESPONSIBLE FOR EXERCISING SUPERVISION OVER YOUR CHILD'S ANY ONLINE AND OFF-LINE ACTIVITIES. IF YOU DO NOT AGREE TO THIS AGREEMENT, PLEASE DO NOT LET YOUR CHILD USE THE CODEWAY APPS OR ASSOCIATED FEATURES. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A CHILD UNDER 18 AND BELIEVE THAT HE OR SHE IS USING THE CODEWAY APPS WITHOUT YOUR PRIOR APPROVAL, PLEASE CONTACT US AT email@example.com.
- 2.1. This Agreement is concluded between Codeway and you, as the User, who downloaded and/or installed through the Apple App Store and/or Google Play and executed and mutually entered into force upon the online approval of the User. Codeway and the User shall be hereinafter referred to individually as the “Party” and collectively as the “Parties”.
- 2.2. By downloading and/or installing the Codeway App through the Apple App Store or Google Play, the User agrees, undertakes and represents that he/she has read all the Terms herein, understood all the contents and approved all provisions.
- 2.3. In case the User is a “consumer” under the Consumer Protection Act of Turkey (the “Law No. 6502”) and the applicable consumer legislation, the User can benefit from the rights and powers vested in consumers thereunder to the extent applicable. If the User is considered as a consumer under the Law No. 6502 and to the extent applicable, the other relevant legislation he/she should give prior notice to duly inform the Codeway to use its consumer rights. The User accepts and declares that he/she understands this situation and that he/she shall act in line with the applicable consumer legislation, if necessary.
CODEWAY CONTACT INFORMATION
Company Name: Codeway Dijital Hizmetler Anonim Sirketi
Address: Esentepe Mahallesi Buyukdere Cad. Ferkoo Apt. No: 175/141, Sisli/ Istanbul, Turkey
Trade Registry Number: 227921-5
4. GRANT OF LICENSE
- 4.1. Subject to your compliance with the Terms of the Agreement, Codeway grants you a limited, non-exclusive, revocable, non-sub licensable, non-transferable license to access, download and install the most current generally available version of the Codeway App on a single, authorized mobile device that you own or control solely for your lawful, personal, as an end-user, and non-commercial use.
- 4.2. For the avoidance of doubt, Codeway Apps is protected by copyright laws and international copyright treaties, as well as other intellectual laws and treaties. Codeway is the exclusive owner of any software, design, source code, target code, directory, image or content available on Codeway Apps. The Codeway reserves all rights not expressly granted to the User as per the provisions of Article 11, hereunder. Having said that, Codeway retains the ownership of the copyright in and to the Codeway Apps. The User cannot not to duplicate, copy or distribute or process the advertisements, images and texts, visual and audio images, files, databases, catalogs and lists available on Codeway Apps nor rent, lease or lend the Codeway Apps to anyone and permanently transfer all of his/her rights under this Agreement. Codeway holds no responsibility of the results of using the Codeway Apps acquired illegally or through an unauthorized distributor.
5. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
- 5.1. Restricted Use: While using Codeway Apps, Users declare and undertake not to engage in actions that are contrary to the law and morality or that may damage the opportunity to benefit from the Services including but not limited to the items exemplified below. Codeway shall not assume any responsibility and/or indemnification liability for damages arising from any breach of this article. In the event that the User acts in breach of this article, Codeway shall reserve the right to terminate this Agreement pursuant to Article 13, to block the User's access to Codeway Apps either for a certain period of time or indefinitely. Furthermore, Codeway reserves the right to resort to civil law and criminal law remedies.
- 5.2. The User shall not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes) or in any way transfer or grant any rights to the Codeway Apps or use Codeway Apps for the benefit of any third party. Unless expressly authorized by Codeway, User is prohibited from making the Codeway Apps available over a network where it could be downloaded or used by multiple users. User agrees that he/she shall not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the Codeway Apps, except to uninstall or remove the Codeway Apps from a mobile device which the User owns or controls. User shall not deliver unlawful information and/or share harmful data such as chain mail, malware, viruses,The User shall not violate or attempt to violate the security of Services except as and only to the extent permitted in this Agreement and by applicable law. User shall not engage in behaviors and activities that will adversely affect/obstruct or manipulate the operation of Codeway Apps, disable security systems and make the Codeway Apps unusable or make an attempt in this manner by preparing automatic programs.
- 5.3. User cannot copy, adapt, translate, decompile, reverse engineer, disassemble, modify, recode or create derivative works of the Codeway Apps or advertise the Codeway Apps in any form. User shall not access, create or modify the source code of any Codeway Apps in any way. User does not have the right to and may not create derivative works of any the Codeway Apps or any portions thereof. All modifications or enhancements to the Codeway Apps remain the sole property of Codeway. User agrees and undertakes or engage in any other act to find, obtain or copy the source code of Codeway Apps, shall not in any way try and synchronize Codeway Apps with other software or hardware, shall not violate the security of any computer network, shall not hack security passwords and codes, shall not attempt to deliver SPAM mail or upload malware, otherwise agrees, declares and undertakes to assume the liability for any damages of Codeway and third parties.
- 5.4. Codeway may restrict or terminate the access to Codeway Apps at any time and without giving any further notice in case the operating security of the network is at risk, in order to ensure the continuity of access to the network, to prevent malfunctions that may occur in network, software or uploaded files, to prevent or reduce the adverse effects of possible disruptions and in other cases deemed necessary.
- 5.5. Updates: Codeway reserves the right to add or remove features or functions to the existing Codeway Apps. When installed on the User's mobile device, Codeway periodically communicates with our servers. Codeway may require the updating of the Codeway Apps on User's mobile device when Codeway releases a new version of the Codeway Apps, or when Codeway makes new features available. This update may occur automatically or upon prior notice to User and may occur all at once or over multiple sessions. The user understands that Codeway may require User's review and acceptance of Codeway's then-current Agreement before User will be permitted to use any subsequent versions of the Codeway Apps. User acknowledges and agrees that any obligation Codeway may have to support previous versions of the Codeway Apps may be ended upon the availability of updates, supplements or subsequent versions of the Codeway Apps. User acknowledges and agrees that Codeway has no obligation to make available to User any updates, supplements or subsequent versions of the Codeway Apps. Please be aware that, such updates may be necessary in order for you to use Google Play or to access, download or use content. By agreeing to these Terms and using Google Play, you agree to receive such updates automatically. You may be able to manage updates to certain content via settings in Google Play. If it is determined, however, that the update will fix a critical security vulnerability related to the content, the update may be completed irrespective of your update settings in Google Play or your device. If another app store attempts to update content that was initially downloaded from Google Play, you may receive a warning, or such updates may be prevented entirely.Access: The User must provide at his/her expense the equipment, internet connections, devices and service plans to access and use the Codeway Apps. If the User accesses the Codeway Apps through a mobile network, your network or roaming provider's messaging, data and other rates and fees may apply. The User is solely responsible for any costs you incur to access the Codeway App from his/her device. Downloading, installing or using certain the Codeway Apps may be prohibited or restricted by your network provider and not all the Codeway Apps may work with your network provider or device. Codeway makes no representation that the Codeway Apps can be accessed on all devices or wireless service plans. Codeway makes no representation that the Codeway Apps are available in all languages or that the Codeway Apps are appropriate or available for use in any particular location. Please also be aware that, you must keep your account details secure and must not share them with anyone else. You must not collect or harvest any personal data of any User of Apple App Store and/or Google Play or of any User of other Apple and/or Google Services via Apple App Store/ Google Play, including account names.
- 5.6. Purchase and Cancellation Rights: Certain Codeway Apps are available for purchase from a mobile platform owner (e.g. Apple or Google) and/or will allow the User to make in-app purchase. Payment for such purchases may be processed by third parties who act on behalf of Codeway or directly by the mobile platform owner. In some countries there are specific time periods to cancel online purchases after purchasing them provided by law (European Union residents etc). For this countries, consumers may have a right to cancel in specific number of days after purchasing products/services online provided by law. Therefore, your right to cancel in-app purchases will rely on the country you reside in. Since payment processes of certain purchases on Codeway Apps will be conducted by the mobile platform owner, failure to follow certain local laws regulating right to cancel will be subject to mobile platform owners' terms.Please also review the mobile platform owner's terms in this regard before purchase. You can find further information on cancelling orders and any associated refunds on the website of the third-party re-seller from whom you purchased the app (the Apple App Store and/or Google Play). Where you purchase from Codeway directly: please note and acknowledge that if you are a resident in the European Union and download the Codeway Apps from Codeway directly, you agree to waive your cancellation and refund right once the download of the app or the relevant purchase is made. Please note that if you are not a resident in the European Union and if your local laws do not regulate mandatory laws otherwise, you have already no right to cancel purchases you made if you download Codeway Apps from Codeway directly. This means that you will not be able to cancel your order or obtain a refund once the download and delivery of the app is complete. This will also apply to subscriptions and in-app purchases. In this regard, please also take into consideration the provisions of Article 12 of the Agreement.
- 5.7. Defective Content: Once the Codeway Apps are available to you through your account, you are required to check the content as soon as reasonably possible to ensure that the Codeway Apps function and perform as stated and notify us or Google Play as soon as reasonably possible provided that you find any errors or defect.
- 5.8. Without prejudice to any other rights, the Codeway may terminate this Agreement if User fails to comply with the terms of this Agreement and other documents, referred to herein. In such event, the User must uninstall or remove the Codeway Apps. In this regard, please also take into consideration the provisions of Article 13 of the Agreement.
6. THIRD-PARTY PARTNERS
- 6.1. The Codeway Apps allow you to enjoy various features, functionalities and other Services, which may change from time to time (collectively the “App Functions”). The Codeway Apps Functions are provided by the Codeway and third-party suppliers who offer content and/or services in conjunction with or through the Codeway Apps (the “Third Party Partners”).
- 6.2. Third-Party Services and Content: The Codeway Apps may integrate, be integrated into, bundled, or be provided in connection with third-party services, advertising, feeds and/or content. If the User is installing the Codeway App that includes third party services and third-party content, such services and content are subject to such third party's terms of services and privacy policies, which might be found on the relevant Third-Party Partners' website. Please keep that in my mind that Codeway has no control over such websites and resources, and the User acknowledges and agrees that Codeway shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of reliance on any such Content (as defined in 6.3.), goods or services available on or through any such website or resource. Having said that, Codeway shall not be a party to or in any way be responsible for monitoring any transaction between the User and the Third-Party Partners.
- 6.3. Access to the Third Party Services and Content via the Codeway Apps: All services, advertising, feeds and content, including without limitation, all data, links, articles, graphic or video messages and all information, text, software, music, sound, graphics or other materials (the “Content”) made available or accessible via the Codeway Apps, whether publicly available or privately transmitted, is the sole responsibility of the entity or person from whom it originated. You, as the User, hereby acknowledge and agree that by using the Codeway Apps you may be exposed to Content that may be offensive, indecent or objectionable in your community. You agree to accept all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content. Under no circumstances will the Codeway be liable in any way for any Content created by or originating with entities other than Codeway, including but not limited to, any errors or omissions in any such Content, or for loss or damage of any kind incurred as a consequence of the transmission, sharing or posting of such Content by means of Codeway App.
- 7.1. The Codeway Apps, like other User technologies in the relevant market, may not be 100% secure. By accepting this Agreement, you acknowledge and accept that the Codeway Apps and any information you download or offer to share by means of an Codeway App, may be exposed to unauthorized access, interception, corruption, damage or misuse and cannot be regarded as 100% secure.
- 7.2. You accept all responsibility for such security risks and any damage resulting therefrom. Further, you are solely responsible for securing you mobile device from unauthorized access or cyber-attacks, including by such means as using complex password protection. You agree that the Codeway shall not be liable for any unauthorized access to your mobile device or the app data thereon.
- 7.3. In regard of malware protection, Google may receive information regarding your device's network connections, potentially harmful URLs, the operating system and apps installed on your device through Google Play or from other sources in order to protect you against malicious third-party software, URLs and other security issues. Besides, Google may warn you if it considers an app or URL to be unsafe, or Google may remove or block its installation on your device if it is known to be harmful to devices, data or Users. You may choose to disable some of these protections in the settings on your device, nevertheless, Google may continue to receive information about installed through Google Play, and apps installed on your device from other sources may continue to be analyzed for security issues without sending information to Google.
8. REGISTRATION AND PASSWORDS
- 8.1. Registration: Most of the Codeway Apps will not require a registration, nevertheless, some of the Codeway Apps may permit or require you to create an account to participate or access additional features or functionalities (the “Registration”). If such Registration is required, it will be made known to you when you attempt to participate or access such additional features or functionalities. Any registration required by Third- Party Partners is not governed by this Agreement and you should refer to the relevant Third-Party Partners' website for their policies.
- 8.2. Passwords: You are the sole and exclusive guardian of any password and ID combination issued or chosen by to you. Maintaining the confidentiality and security of your password(s) and ID(s) is solely your responsibility. You are fully responsible for all transactions undertaken by means of any account opened, held, accessed or used via your password and ID. You shall notify us immediately and confirm in writing any unauthorized use of accounts or any breach of security, including without limitation any loss, theft, leak, or unauthorized use of your password(s), and/or ID(s) or any related account. If we have reasonable grounds to suspect that the security of your password and/or ID has been compromised, we may suspend or terminate your account, refuse any and all current or future use of the services, and pursue any appropriate legal remedies. We shall not be responsible for any losses incurred in connection with any misuse of any password or ID.
9. UNINSTALL AND REMOVAL OF THE CODEWAY APPS
Uninstallation and removal procedures vary depending on your device. To uninstall and remove the Codeway Apps, please use the application manager provided with your device or consult your device manual for further reference.
10. CONSENT TO USE OF DATA AND USER REVIEWS
- 10.2. If you choose to provide app store reviews or reviews via any social medial channel or other similar communication or messaging features or services, such information may be made publicly available, including the public-facing username as it appears with the review. If you prefer that we do not use promotional purposes, you will be able to elect for us not to do so by submitting your request at firstname.lastname@example.org (please also indicate your name, mailing address and email address). For security purposes, please do not include any password, social security number, national ID number, payment card or other sensitive information via these features. We have the right, but not the obligation, to monitor messages and communications between and among Users for security and training purposes. We may, but are not obligated to, remove any content we deem inappropriate.
- 10.3. If you download the Codeway Apps through Google Play, please be aware that, posting reviews on Google Play shall be subjected to Google Play's relevant policies.
11. INTELLECTUAL PROPERTY RIGHTS
- 11.1. Codeway is the sole proprietor of products and/or Services, projects, documents used at the Codeway Apps in connection with the Services and visuals, texts, bulletins, slogans, videos, designs and know-how and any business data, illustrations, database, system flow data, logo, emblem and data, ideas or the Codeway trademarks and trade dressing, flows, source codes, researches, codes, methods, statistical figures and financial and moral rights and all other intellectual property rights during preparations for the Agreement and during its term for the supply of the Services. All rights that are vested in it under the Law on Intellectual and Artistic Works numbered 5846 of Turkey (the “Law No. 5846”) and the applicable legislation in connection with such contents shall be the exclusive property of the Codeway. Accordingly, the User agrees and represents that he/she shall not commit any reverse engineering or attempt to find or acquire the source code of the Codeway Apps nor shall it violate the security of any network or crack security encryption codes; it shall not send SPAM mails or load malicious software; that otherwise the User shall be liable for all losses that Codeway and third parties may sustain.
- 11.2. For the avoidance of doubt, “intellectual property rights” means, collectively, rights under patent, trademark, copyright and trade secret laws and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. The User may not delete, alter or remove any copyright, trademark or other proprietary rights notice the Codeway or Third-Party Partners have placed on or within the Codeway Apps. Please be aware that all rights not expressly granted hereunder are expressly reserved to the Codeway and its licensors. Nothing contained in herein should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trade names, trademarks or service marks without our express prior written consent.
- 11.3. Unless otherwise agreed between Codeway and the User regarding any intellectual property rights arising from any Service prepared and provided to the User by Codeway, Codeway shall grant the right to use of the related Services which shall be worldwide, indefinite and exclusive. In any case, Codeway has the right to determine the ownership of the aforesaid intellectual property rights and its usage. However, if Codeway suggests different conditions other than the provisions in this clause of this Agreement, it should notify the User until the Service is used or until the commencement of the operations for the Service.
- 11.4. The User is solely responsible for any content that he/she contributes, submits, displays or for any adaptations of works made on or through use of the Codeway Apps. It is the User's obligation to ensure such content, including photos, texts, documents, videos and music files, does not violate any copyright or other intellectual property rights.
- 11.5. Codeway respects and expects its Users to respect the rights of copyright holders. On notice, Codeway will act appropriately to remove content that infringes the copyright rights of others. Codeway reserves the right to disable the access to the Codeway Apps or other services by anyone who uses them to repeatedly infringe the intellectual property rights of others.
- 11.6. Codeway also acts to remove objectionable content. The decision to remove objectionable content shall be made at Codeway's sole discretion. Objectionable content includes, but is not limited to: content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory or libelous; content that is hateful or advocates the hate crimes, hate speech and all types of discrimination, harm or violence against a person, group or minority; content that may harm minors in any way; content that has the aim or effect of stalking or otherwise harassing or bullying another; private information regarding any individual such as phone numbers, addresses, national ID numbers, Social Security numbers or any other information that is invasive of another's privacy; content that is vulgar, offensive, discriminative, obscene or pornographic, unsolicited or unauthorized advertising, promotional materials, junk mail, SPAM, chain letters, pyramid schemes or any other form of solicitation; material that contains software viruses or any kind of malicious software or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer or mobile device software or hardware or telecommunications equipment.
- 11.7. Codeway does not and cannot pre-screen or monitor all content. Nevertheless, our representatives may monitor content submission through the Codeway Apps, and you hereby provide irrevocable consent to such monitoring. The User acknowledges and agrees that he/she has no expectation of privacy concerning the submission of any content. Codeway has the right, but not the obligation, in its sole discretion to edit, modify, and refuse to post or remove any content.
- 11.8. Unless otherwise set forth at the point of submission, you retain ownership of all rights in any content that you submit, through your use of the Codeway Apps. Nevertheless, you grant us permission to use such content in any way we see fit, for example for the purposes of promotion of the Codeway Apps. If you send submissions, such as creative suggestions, ideas, notes, drawings or other information, to Codeway, such submissions shall be deemed and shall remain the property of Codeway. None of such submissions shall be subject to any obligation of confidence on the part of Codeway and Codeway shall not be liable for any use or disclosure of any submissions. Without limitation of the foregoing, Codeway shall exclusively own all now known or hereafter existing rights to such submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of such submissions for any purpose whatsoever, without compensation to the content provider of such submissions. For the avoidance of doubt, you hereby assign to Codeway all rights, title and interest in and to such submissions and hereby waive any moral rights relating to such submissions in favor of Codeway and its assignees, licensees and designees. Under law systems which do not let the waiver of such moral rights, you hereby acknowledge, declare and undertake that; with this Agreement, you grant Codeway the authorization to use moral rights and authorization to authorize third parties to use such moral rights, indefinitely (in a way that it will continue even after if this Agreement is terminated), unlimited in number and subject, globally (internationally) applicable –without any geographical limitations–, transferable, sublicensable, irrevocably, free of charge, exclusively, and unconditionally in favor of Codeway and its assignees, licensees and designees.
- 11.9. The User may not use Google Play or any content or the Codeway Apps in conjunction with any stream- ripping, stream capture or similar software to record or create a copy of any content or additional in- app features that are presented to you in streaming format, if any. Besides, the User may not remove any watermarks, labels or other legal or proprietary notices included in any content or additional in- app features or attempt to modify any content obtained through Google Play, including modification for the purpose of disguising or changing any indications of the ownership or source of content and/or the Codeway Apps.
- 11.10. Codeway shall be entitled to terminate the User's access to the Codeway Apps if, under appropriate circumstances in line with aforesaid provisions, the User is determined to be a repeat infringer.
12. RIGHTS INFRINGEMENTS
- 12.2. However, if you believe in good faith that materials transmitted or created through Pixelup App infringe your copyright, your personal right or privacy; you may send Codeway a notice requesting that we remove the material or block access to it by filling out this form.
13. IN-APP PURCHASE AND PAYMENT
- 13.1. The release and distribution of the Codeway Apps will take place in the global market through the Apple App Store and/or Google Play. The Codeway Apps will nevertheless offer certain features and certain limits to the User as a paid feature through in-app purchase. If the User would like to use such paid features under this Agreement, you will first need to make payment before accessing the paid feature.
- 13.2. Such in-app purchase features are offered on an annual, semi-annual, quarterly, monthly or a weekly basis and will be re-billed every year or month by the Apple App Store and/or Google Play, depending upon auto-renewable subscription model, until cancelled by the User. The Apple App Store and/or Google Play will send an e-mail well in advance of renewal containing a hyperlink to manage subscription procedure. App Payments will be processed through the Apple App Store and/or Google Play from which you originally downloaded the application. You may access the applicable in-app purchase rules and policies directly from the Apple App Store and/or Google Play. You acknowledge and agree that you are fully responsible for managing your in-app purchases and the amount you spend on in-app purchase within the Codeway Apps.
- 13.3. Please be aware that, in order to purchase content or the Codeway Apps through Google Play, you are required to have a Google Payments account and agree to the Google Payments Terms and Terms of Service. The Google Payments Privacy Notice applies whenever your purchase content using a Google Payments account. You are responsible for all amounts payable associated with purchases made through Google Play on your Google Payments account. Besides, Google may make available to you various payment processing methods in addition to Google Payments to facilitate the purchase of content or the Codeway Apps through Google Play. You are required to abide by any relevant terms and conditions or other legal agreement, whether with Google or a third party, that governs your use of a given payment processing method. Google may add or remove payment processing methods at its sole discretion. You are solely responsible for all amounts payable associated with purchase you make on Google Play.
- 13.4. In order to determine your eligibility to have purchases of content or the Codeway Apps that you make through your devices billed to your network provider's account, when you create a Google Play account on a device, Google Play shall send identifiers of your device to your network provider. To permit this you shall need to accept the network provider's terms of service. The network provider may send us your billing address information. Google Play hold and use this information as per Google's Privacy Policies and Google Payments Privacy Notice.
- 13.5. If you are under 18 then you are legally required to have you parents' or legal guardians' permission to make any in-app purchases. By completing an in-app purchase, you are confirming to us that you have any and all permission that may be necessary in order to allow you make that in-app purchase. If you are a parent or legal guardian of someone under the age of 18, we recommend that you consider any parental control that may be provided by the Apple App Store and/or Google Play, provided that you are concerned that your child may make excessive in-app purchases.
- 13.6. The in-app purchases are purchased from and billed by the Apple App Store or Google Play, not Codeway. These purchases are subject to the terms and conditions of the Apple App Store and/or Google Play. All billing and refund inquiries shall be directed to the Apple App Store and/or Google Play. Having said that, Codeway does not have access to the Apple App Store and/or Google Play accounts and transactions.
- 13.7. If any in-app purchase is not successfully downloaded or does not work once it has been successfully downloaded, we will, after becoming aware of fault or being notified of the fault by you, investigate the reason for the fault. We will act reasonably in deciding whether to provide you with a replacement in-app purchase or issue you with a patch to repair the fault. In no event we will charge you anything further to replace or repair the in-app purchase. In the unlikely event that we are unable to replace or repair the relevant in-app purchase or are unable to do so within a reasonable period of time and without significant inconvenience to you, we will authorize the Apple App Store and/or Google Play to refund you an amount up to the cost of the relevant in-app purchase. Alternatively, if you wish to request a refund, you may do so by contacting the Apple App Store and/or Google Play directly.
- 13.8. You acknowledge and agree that all billing and transaction process are handled by the Apple App Store and/or Google Play from whose platform you downloaded the Codeway Apps and governed by the Apple App Store and/or Google Play's terms and conditions/end user license agreement. If you have any payment related issues with in-app purchases, then you need to contact the Apple App Store and/or Google Play directly.
14. TERM AND TERMINATION
- 14.1. This Agreement shall become effective on the date it is approved and shall remain in force as long as the User maintains to use the Codeway Apps and shall continue to be effective and operative as between Codeway and the User legally.
- 14.2. Codeway may unilaterally terminate this Agreement without any obligation of compensation and further notice under any circumstance where the User acts in breach of this Agreement, or any other agreements to be executed or rules applicable to different services offered over the Apple App Store and/or Google Play, in particular, following circumstances: if the User manipulates the operation of the Codeway Apps by employing any method; if the User acts in breach of the provisions of this Agreement or any other agreements to be executed over the Apple App Store and/or Google Play; if the User commits any act that violates third party rights; if data, contents, visuals, texts and articles shared with the Codeway App, by the User, have unlawful element or even if they are free of unlawful or immoral elements, posting such data, contents, visuals, texts and articles at the Codeway App for unlawful or immoral purposes.
- 14.3. The User agrees that Codeway shall not be liable to the User or any third- party for any termination or disabling of the Codeway Apps. Promptly upon termination of this Agreement, the User must cease all use of the Codeway Apps and uninstall, remove or destroy all copies of the Codeway Apps in its possession or control. Having said that, termination shall not limit any of Codeway's other rights or remedies at law.
- 15.1. You agree to indemnify and hold harmless Codeway, its affiliates and Codeway's and its affiliates officers, directors, licensors, partners, shareholders, licensees, contractors, agents, attorneys, employees and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees (collectively, “Claim(s)”), that actually or allegedly result from your information, use of the Services or your breach of this Agreement.
- 15.2. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee's right to participate with counsel of its own choosing and for payment of damages or losses resulting from all claims against any Indemnitee provided that you will not agree to any settlement that imposes any obligation or liability on any Indemnitee without Codeway's prior express written consent.
16. WARRANTY DISCLAIMER
- 16.1. To the extent this is permitted by applicable law, all the Codeway Apps are provided on an “AS IS”; “WITH ALL FAULTS” and “AS AVAILABLE” basis and you use them at your sole risk. Subject to applicable law, Codeway, on behalf of itself, and its affiliates, licensors, distributors, vendors, agents and suppliers, expressly disclaims any and all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, non-infringement and any other warranty arising from the relevant legislation.
- 16.2. Without limitation, Codeway makes no warranty that the Codeway Apps will meet your requirements, that they will be uninterrupted, timely, secure or error-free, that the results obtained from the use of the Codeway products will be accurate or reliable or that the quality of the Codeway Apps will meet your expectations. Codeway assumes no liability or responsibility for any property damage of any nature whatsoever, resulting from your access to and use of the Codeway Apps; any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; any interruption or cessation of transmission to or from the Codeway Apps or servers; any bugs, viruses, Trojan horses or like which may be transmitted to or through the Codeway Apps by any third party or any errors or omissions in any content or for any loss or damage of any kind incurred as a consequence of the use of any content posted, e-mailed, transmitted or otherwise made available via the Codeway Apps.
- 16.3. Certain Codeway Apps may allow you to record phone conversations on your Android or iOS device. Some local, state, federal and international laws prohibit the recording of third- party audio without all parties' consent to such recording. You are solely responsible for compliance with all local, state, federal or international laws regarding call recording and obtaining any necessary consent. In no event shall the Codeway be responsible to you or third party for your failure to comply with local, state, federal or international laws regarding third party audio recording.
- 16.4. The entire risk arising out of use or performance of the Codeway Apps remains solely you. Codeway expressly disclaims all warranties relating to products and/or Services provided by Third Party Partners. This warranty disclaimer constitutes an essential part of this agreement.
17. LIMITATION OF LIABILITY
- 17.1. To the extent permitted by applicable laws, you expressly understand and agree that Codeway shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from: (i) the use or the inability to use the Codeway Apps; (ii) unauthorized access to or alteration of your transmission or data; (iii) statements or conduct of any third party or (iv) any other matter relating to Codeway.
- 17.2. In no event shall Codeway's total liability to you for all damages, losses and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you for accessing the Codeway App. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
- 17.3. Nothing contained in this Agreement shall be deemed or construed to create any employee/ employer relationship under the Labor Code numbered 4857 of Turkey or applicable legislation
18. FORCE MAJOR EVENT AND APPLICABLE LAW
- 18.1. In all circumstances that constitute a force major event in legal terms, Codeway shall not be held liable for its failure to perform its obligations hereunder or to perform them late or incompletely agreed herein. Such failures shall not be considered a default, or incomplete or faulty performance and no claim of compensation shall be made against Codeway.
- 18.2. The term “force major events” herein refers to any event that is beyond the reasonable control of the affected party and that cannot be avoided despite the reasonable care and diligence shown by Codeway, including but not limited to God's acts, riots, insurgences, turmoil, war, communication interruptions, infrastructural and internet network failures, power failures, mobilization, strike, fire, explosion, terrorism, cyber attack, long-term and far-reaching power outage, internet outage, computer viruses and legislative amendments and adverse weather conditions.
- 18.3. The User shall not be able to accrue default interest or claim indemnification from Codeway under any name whatsoever for the delayed, incomplete or non-performance of any of the provisions in this Agreement due to force majeure events.
- 18.4. This Agreement and legal relations arising hereunder shall be governed and construed as per Turkish law. Turkish Courts (İstanbul Courts of First Instance)) shall have jurisdiction over any actual or potential dispute arising from this Agreement. To the maximum extent permitted by law, you hereby consent to the jurisdiction and venue of such courts and waive any objections to such jurisdiction and venue.
19. ENTIRE AGREEMENT AND SEVERABILITY
- 19.1. These Terms constitute the entire agreement between you, as the User, and Codeway relating to the use of the Codeway Apps and Services and supersedes all prior or contemporaneous understandings regarding such subject matter.
- 19.2. No amendment to or modification of this Agreement will be binding unless in writing and signed by Codeway. The failure of either party to enforce any rights granted hereunder or take action against the other party in the event of any breach herein shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
- 19.3. Any translation of this Agreement is done for local requirements and in the event of a dispute between English and any non- English versions, the English version of this Agreement shall govern to the extent not prohibited by law.
- 19.4. If any terms or provision of this Agreement is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity of enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.