Account: The Account is the Member's dedicated personal area within the Application, which he or she accesses when he or she registers with and connects to the Application. It enables the Member to access the Services.
Application: The BUIDEN application, available on the Apple App Store and the Google Play Store.
Member: Person registered with the Application.
Services: All services offered by BUIDEN to encourage connections between Members.
TCOU: Terms and Conditions of Use.
Article 1: Scope
The TCOU define the rights and obligations of the parties when using the Application. They form the basis of the contractual relationship between the Member and the company BUIDEN.
1.1 Conflicting Rules
1.2 Independence of Provisions
Should any provision of these TCOU be declared invalid or inapplicable due to the effects of a law, regulation or ruling by a court with relevant jurisdiction, the other provisions shall remain effective and in force, unless these TCOU become distorted, or the obligations of the parties significantly thrown out of balance.
Article 2: Amendments to the TCOU
BUIDEN reserves the right, unilaterally and at any time, to end, add to or amend these TCOU as it sees fit or to terminate the Service. The Member will be informed of the updates on the Application and/or by e-mail to the address given by the Member. It is the Member’s responsibility to see that this e-mail address is valid. It is the Member’s responsibility to carefully read the updated TCOU and to be fully aware of any changes ensuing from said updates. Complete acceptance of the changes is implied by the Member’s continued use of the Application’s Services following the updates. Should the Member not agree with changes made to the TCOU, he or she has the option to end the Services and terminate the contractual relationship.
2.2 Immediate Effect
The new TCOU shall be effective immediately for all Members.
Article 3: Governing Law – Dispute resolution
3.1 Governing Law
These TCOU shall be governed by Turkish law.
3.2 Dispute resolution
The Member will contact BUIDEN first in order to try and find an amicable settlement to any dispute with BUIDEN.
Article 4: Registration
4.1 Download Options
The Application is available on the Apple and Google download platforms. It can be downloaded free- of-charge from the Apple App Store and the Google Play Store, on iPhones and Android Smartpphones.
4.2 Member's Rights when Registering
Provided that the required conditions for Member status are met, BUIDEN shall assign the Member a personal Account, which includes:
- A profile page
- An inbox
- A “notifications” option
4.3 Conditions of Membership when Registering
Article 5: Services and Features
5.1 Purpose of the Service
The Application provides BUIDEN Members with a user-friendly setting which enables contact with other Members in the same area, in order to set up virtual or real-life meetings for personal and business purposes. Each Member is free to talk to and form connection with other Members in compliance with these TCOU. The Services offered by BUIDEN may in no case be likened to a counseling or marriage bureau service. Its sole aim is to facilitate connections through the Application between members with a mutual business interest, according to the Members’ locations and preferences.
5.2 Services for Members
Some of BUIDEN's services are available on the Application free of charge (apart from connection and telecommunications costs) for Members who agree to comply with these TCOU, including:
- Unlimited sending of Messages
- Unlimited viewing of other Members'profiles
- Confidentially blocking all Members whose conduct justifies such an action
- Viewing the list of Members previously blocked
- Accessing the list of Members
- Configuring his or her search criteria
- Receiving notifications
- Consulting the FAQ and tutorials
- Completing his or her profile in compliance with the TCOU
- Adding other members as contacts
Article 6: BUIDEN's Obligations and Liability
6.1 Technical Resources and Security
BUIDEN agrees to provide the infrastructure and technical resources to provide a high-quality Service to Members.
BUIDEN cannot be held liable for any operating fault on the Member's device or for any compatibility issue between the Application and the device. Every effort is made to ensure that the risks of fraudulent access to BUIDEN's system are minimized. BUIDEN is not responsible for any failures, interruptions or poor performance. The Member must have access to a secure e-mail account. If such a precaution is not taken, or even if it is, the Member's Account may, in some rare cases, be targeted by fraudsters. BUIDEN shall also endeavor to avert any exceptional risk to Members of receiving spam Messages or Messages claiming to have been sent by BUIDEN.
6.2 Illegal Conduct
BUIDEN and its partners cannot be held liable for actions by its Members which are illegal or which incur criminal penalties, including but not limited to:
- All types of scams
- Identity theft
- An infringement of a third party intellectual property right.
6.3 Reporting and Community Moderation System
BUIDEN has no legal obligation to monitor the content sent or stored via the Application however BUIDEN implemented a reporting mechanism in order to provide a safe and secure service for users. Reported issues will be evaluated by customer services and necessary actions will be taken in 24 hours.
6.4 Duty of Caution
The Member is solely liable for checking the identity of the people with whom he or she wishes to arrange a connection. BUIDEN may not be held liable for any problems whatsoever arising from a connection.
6.5 Group Events
Any use of BUIDEN Services to organize a group meeting of its Members constitutes a misuse of the Service. Using the Application to plan or organize a demonstration on a public roadway is strictly prohibited. Should such a meeting take place, BUIDEN may not be held liable in the case of a public order offense or any damage caused by such meeting.
Article 7: Member Code of Conduct
7.1 Duty of Fairness and Honesty when Registering
In order to become a Member, all of the following conditions must be met:
- Must be an adult as specified by Turkish law (minimum of 18 years old on last birthday) ;
- Must have honestly and truthfully filled out the profile information. The Member must have provided the first name, sex and date of birth shown in his or her personal information.
- Must have read these TCOU and have accepted them when confirming his or her registration.
- Must agree to regularly update the information provided when accessing his or her Account from the Application.
BUIDEN does not have a legal obligation or the technical resources to verify the identity and age of Members. BUIDEN reserves the right to suspend the Account of any Member giving cause for suspicion as well as his or her access to the Application, and to conduct the necessary checks, in particular by asking him or her to send an official identity document.
7.2 Duty of Fairness and Honesty during Use
In order to remain a Member, all of the following conditions must be met:
- Be honest and truthful in his or her statements.
- Refrain from posting any photos of third parties online, or any confidential information about others such as financial data.
- Refrain from posting any content or photos on the Application which are pornographic or which violate modesty and human dignity.
- Respect the private nature of content and conversations exchanged with other Members through the Application, and therefore refrain from disclosing the content of such Messages.
- Refrain from violating intellectual property laws.
- Refrain from disrupting public order.
- Refrain from committing defamation, and more generally from using insulting language, particularly of a racial or discriminatory nature.
- Comply with current laws and regulations.
- Refrain from inciting violence or advocating terrorism, war crimes or crimes against humanity.
- Refrain from infringing upon accepted social standards and standards of politeness with other Members.
- Refrain from infringing upon the normal running of the Application’s Services or infrastructure in any way.
- Refrain from using robots or tools other than those provided by BUIDEN when using the Application to contact other Members.
- Refrain from using the Application to arrange escort services.
- Refrain from approaching other Members with the aim of promoting paid services or products.
- Refrain from disclosing his or her login information to other Members, particularly the username and password used to access his or her Account.
- Refrain from advertising or encouraging in any way the use of any other service, whether or not this is a competing service, and refrain from committing any offence relating to unfair competition.
- Refrain from using the Application to organize gatherings or demonstrations. The Member shall not copy and/or disseminate, and/or transfer technical data that it might intercept on the network connected to the BUIDEN application.
7.3 Personal Use
The Member agrees to use BUIDEN solely for personal use. The BUIDEN network must not be exploited for commercial, promotional, electoral purposes. It is strictly prohibited to send Messages of a marketing and/or commercial nature and/or newsletters via the BUIDEDN inbox, including but not limited to content, guidelines or hyperlinks to third party sites or materials, particularly those of BUIDEN's competitors.
7.4 Member's Liability
The Member is only liable for his or her own actions and for the data that he or she publishes via the Application. Should BUIDEN be held liable for any failure by the Member to comply with its obligations, the Member shall hold BUIDEN harmless against any conviction made against it regarding the Member's infringement of the law or of these TCOU. BUIDEN does not moderate the content published by Members and shared through the Application. In particular, BUIDEN's staff shall not check any photos, text or content to which hyperlinks published by Members are pointing.
All photos of a pornographic or exhibitionist nature, which violate modesty and are generally offensive to public moral values are strictly prohibited. The publication of such photos will be considered a serious offence and can lead to the suspension and/or closure of the Member’s Account, in addition to any other penalties that may be imposed by the courts.
7.6 Account Management
The Member must regularly consult his or her inbox and notifications, which BUIDEN will use inter alia to keep the Member updated on information pertaining to its Services. This information may also be sent to the Member's e-mail addres. The Member may access his or her Account Services by connecting to the Application using a confidential username and password. The Member is solely responsible for his or her login information and any use of this information by a third party. The Member shall specifically hold BUIDEN harmless against any communication, use or declaration made using his or her Account.
The cost of equipment (hardware or software) required to access the Services together with all other costs related thereto, including telecommunications costs, shall be borne solely by the Member. The Member is solely responsible for the hardware used to access the Service.
Article 8: Communication with the Member
8.1 Push Notifications
The Member may receive push notifications through the Application to notify him or her of important events, including but not limited to:
- A Chat request received from another Member
- A Message received from another Member
- A Message from BUIDEN relating to the Member’s Account and/or Services The Member may change his or her push notification preferences through his or her Account.
When the Member registers with the Application, he or she agrees to receive newsletters from BUIDEN. He or she may unsubscribe at any time by clicking on the “unsubscribe” link provided in the newsletter and/or by exercising his or her right to cancel by sending an e-mail.
8.3 Advertising and promotional messages
BUIDEN is free to post, through the Application, advertising and promotional messages from advertisers and any other partner. The Member expressly consents to receive such messages.
Article 9: Intellectual and Industrial Property
9.1 Prerogatives related to Trademark Law
The BUIDEN trademark is exclusively owned by BUIDEN App. Any reproduction and/or use and/or partial and/or total affixing and/or modification and/or deletion of the trademark and related rights, such as for example (without limitation) the Application's slogan and logo, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without BUIDEN's prior, express and written authorization, and legal proceedings may be brought.
9.2 Prerogatives related to Copyright
The original works provided by BUIDEN are exclusively owned by BUIDEN App. Any representation and/or reproduction and/or distribution and/or partial and/or total exploitation of the content and Services provided by the Application, such as for example the software, animations, text, videos, graphics and more broadly the general structure, through any method whatsoever and in any form whatsoever, in any format or through any medium whatsoever, is strictly prohibited without BUIDEN's prior, express and written authorization, and legal proceedings may be brought.
The usage rights granted by BUIDEN to the Member are restricted to private and personal use. Any other use by the Member is prohibited without BUIDEN's authorization. The Member grants BUIDEN and its partners a free-of-charge, non-exclusive, international and permanent license for the use, reproduction, representation, modification and translation of any basic intellectual property-related component (text, photos, videos etc.) that it may provide through the Application for the non-exclusive purpose of communicating with other Members. BUIDEN shall use this license in a manner which complies with image rights and which protects the user's personal data, without misrepresenting the true nature of the Member's profile and therefore in keeping with this profile. This license permits BUIDEN to ensure that these components are compatible with its technical performance or the required media formats. Rights are granted on an international basis and throughout the performance of these TCOU between the Member and BUIDEN. The Member shall retain ownership of any content and personal data that he or she provides. The Member shall hold BUIDEN harmless against any legal action, appeal or conviction brought against him or her due to his or her infringement of a third party's intellectual property rights. The Member shall hold BUIDEN harmless against any resulting claims or damages.
Article 10: Unfair Competition
The following acts are strictly prohibited: the design of a product similar to the Application or the creation of a derivative, and more generally being guilty of parasitism, imitation, a smear campaign or any other act of unfair competition. BUIDEN reserves the right, in this case, to serve a writ on the Member in question. Any Member who succeeds in or attempts to grant licenses or sub-licenses, or to sell, resell, transfer, assign, distribute or commercially exploit in any other way, or to make available the Services or Application to a third party in any way shall risk serious legal penalties.
Article 11: Termination
11.1 Deletion of the Account by the Member
The Member may decide, at any time and without notice, to permanently delete his or her Account by using the application. In that case the Member's profile will be permanently deleted, including the remaining Credits on his or her Account. Should the Member wish to start using the Application again, he or she must register under the same conditions as the original registration.
Once the Account has been deleted:
- The Member’s profile will be made invisible to other Members;
- The Member cannot reactivate his or her old Account;
11.2 Termination/ Suspension of the Account by BUIDEN in case of breach of TCOU
In case of breach of TCOU by the Member, his or her account can at any time be suspended/deleted as a safeguard measure and then terminated as of right by BUIDEN. BUIDEN will be entitled to suspend a Member’s account as long as necessary to allow the customer service team to make all investigations.
Article 12: Contact Details
Members can contact BUIDEN by mail at : firstname.lastname@example.org.
Article 13: Confidentiality Clause
In the event of a dispute, neither BUIDEN nor the Member are authorized to disclose information about the agreement between them, and each party agrees to comply with a confidentiality clause which requires them to prefer confidential negotiations in the event of a disagreement.