TERMS OF USE

In General

These Terms of Use (“Terms”) are the conditions for accessing and using XStudios (“XStudios / Website / Company”). Please read the Terms below. By accessing or using our Website, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, please do not use our Services.

Although these conditions draw a broad framework for the apps within XStudios, the features of the applications, purchases, refund options and other specific processes are separately regulated in the apps' own terms of use.

This website and services stated in the website belong to XStudios Bilisim Teknolojileri Reklamcilik Anonim Sirketi. These Terms constitute the legal and binding agreement concluded between XStudios and the User.

General Terms of Use

By accessing or using XStudios www.xstudios.com.tr, the User agrees that Terms, other policies, conditions, disclaimers and all texts stated herein are deemed to have been read and accepted. For this purpose, the User’s “declaration of acceptance” received or created in any form is not required. Upon acceptance of these terms by the User, all information, services and tools accessible through the application are offered to the User.

It is accepted that the User is of legal age to use XStudios and its services.

Users who think that they cannot fulfill the conditions stipulated in the Terms of Use and Privacy Policy should not use XStudios. In any case, if the User is not of the required age for the validity of the declaration of acceptance or if there is a legal restriction, the User should not use this website as the declaration of acceptance will not have any legal validity.

Tracking of the Terms of Use

XStudios is constantly developed and updated in order to provide the best possible service to Users. For this reason, XStudios may make changes to the Terms from time to time, at its sole discretion, or introduce new/additional services and new/additional conditions.

XStudios tries to give reasonable notice to the User about the alterations or revisions made in order to be aware of all necessary terms of use, but the Terms should be checked each time the website is accessed to find out the conditions that apply when the website is accessed by the User. The updated Terms of Use will enter into force on the date of publication. Accessing after any such alteration constitutes acceptance of such changes and the new/revised terms apply.

Use of Content and Services

The use of XStudios is subject to the conditions specified in these Terms hereby and the permissions and limitations stipulated by the legislation.

XStudios does not undertake the accuracy and reliability of the information, communication, commercial electronic messages or other mobile applications to which links or information are given, and does not assume any legal liability, transmitted from other apps or linked sites or platforms. The user is obliged to comply with the usage and privacy policies and other notices of such third party websites or apps. If you decide to use such third-party websites, links or apps, you are liable for any risks that may arise.

XStudios is not responsible for both advertising and the use of any third party links on the website.

Responsibility for the Use of Website

XStudios takes reasonable data security measures within the scope of the confidentiality and security of personal data of the user in compliance with the EU General Data Protection Regulation (GDPR). Please review our Privacy Policy for further details.

The User is responsible for the search engine, internet service, other intermediary hardware, software, mobile device and service providers used when accessing or utilizing the services offered on the app. In cases where it is not possible to use the app accurately, uninterruptedly or properly due to any situation arising from the User’s electronic device or Internet access, all responsibility belongs to the User, and XStudios has no liability in this regard.

There may also be improvements and updates to the website from time to time. Due to these circumstances, the User may not be able to access the website or use the services on the website during certain periods. The User will not have any requests from XStudios in this regard.

Please review our Privacy Policy for the personal data processed and your rights.

No Warranty and Limitations

XStudios and its content are offered to the Users as is, and do not contain any specific or general warranty, written or verbal, to the fullest extent permitted by law.

XStudios does not guarantee that the website is safe and error-free, that defects will be corrected, or that the server used to provide the XStudios, as well as the website itself or the sub- and parent sites/links of third parties, do not contain viruses or other harmful content.

Even if XStudios has been informed about the risk of harm in the relevant matter, including but not limited to, the following situations is not responsible from:

The use or inability to use the services or content of the website,
Any errors, omissions or other inaccuracies in the website or its content,
Unauthorized access,
For any other problems related to the website, services or content.

To the fullest extent permitted by applicable law, XStudios shall not be liable for any indirect, incidental, or consequential damages arising from the use of the app, including but not limited to lost profits, data loss, or any other financial loss. The total liability for any claims arising out of or relating to the use of the apps made available is explicitly stated in their own terms.

Intellectual and Industrial Property Rights

All intellectual and industrial property rights of the website, app, contents, materials, functions, apps on or regarding XStudios belong exclusively to the Company or authorized to the use of the Company; and no other real person or legal entity owns any intellectual and industrial property rights on these elements.

Part or all of the website or contents created by XStudios cannot be copied, reproduced or distributed (including distribution of copies) in any way (such as by printing, streaming, saving to disk, placing on another site, downloading in any other way), cannot be published, streamed, exhibited publicly, loaned, its contents cannot be changed or destroyed, or taken as a sample for reproduction or creation.

Unless otherwise stated, these elements cannot be used without permission or approval by anyone, including public institutions, for commercial or personal purposes without permission or attribution of the source. It is prohibited to publish any elements of this website in any other media or website or to provide links without the written permission of XStudios.

In order to benefit XStudios, its website and services, XStudios grants the user a non-exclusive, non-transferable, changeable license on its apps, limited to personal use. All intellectual and industrial property rights other than the specified use belong exclusively to XStudios, and the permission given to the user does not include any other financial rights or licenses, whether private or general. This license is only for the use of the website and does not cover trademark rights, copyrights, APIs, industrial designs, patents and other similar intellectual property rights. If you request these uses, please contact the Xstudios team.

Prohibited Uses

It is prohibited to use the app or website or its content for any illegal or immoral purposes by using the app to encourage others to commit or participate in illegal actions, to violate national or international regulations, rules, laws, to violate intellectual property rights; harass, defame, disparage, intimidate or harm others, insult, slander, discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; provide false or misleading information; upload or transmit viruses or malware that will disrupt or affect the functionality or operation of the service, the relevant apps or the internet; collect or monitor others’ personal data, engage in spamming, phishing, pharm, pretext, spider, crawl or scrape activities; use the app or any other related apps to interfere with or circumvent the security features of other websites or the Internet.

Within the scope of documents and materials to be uploaded to Xstudios by Users, in case of detection of behavior that is unlawful or contrary to the principles of Xstudios; Xstudios has the authority to completely or partially stop the User from using the website and/or to terminate the Agreement unilaterally and with immediate effect in case of continued use despite all warnings, due to breach of contract. The User has no right to any compensation in case of such termination; as the following are examples but not limited to:

Any materials of a pornographic or erotic nature or encouraging child pornography and other images showing signs that the crime of distribution of pornography has been committed,
Dissemination of narcotic and psychotropic substances or poisons,
Sale of prescription drugs,
Presenting information that may encourage or lead to copyright infringement by technical means,
Presentation of information within the scope of terrorism or racism,
Other documents, services and actions that contain insults and swearing that may damage reputation of HubX before third parties,
Acts, documents and images that violate the intellectual and industrial property rights of third parties,
Unauthorized use, copying, imitating, publishing, streaming or making accessible all or a certain part of the content on other digital platforms,
Attempting to disrupt, violate or compromise security of the website.

The User accepts and undertakes not to run or use software that sends more messages to the website server than a human being can send or upload in a certain period of time.

The User accepts in advance that they will not reverse engineer the use of the website or take any other action to find or obtain the source code of the website or the apps, otherwise they will be responsible for any damages that may arise from third parties and legal and criminal proceedings will be taken against them.

Legal and criminal action may be taken against those who attempt such violations stated as of this article, and legal remedies may be sought. Any alleged violation will be investigated by XStudios and if an unlawful act is suspected, relevant legal authorities will be contacted or cooperated. In case of such doubt, the access of the relevant Users to the website and its content is terminated, their accounts, if any, are canceled and all User data necessary for legal proceedings are shared with the relevant legal authorities.

If the User observes unauthorized use of the content on another platform, the user is kindly requested to notify us. Any User, who thinks that any of the terms listed herein has been violated, is able to complain to Xstudios about the alleged violation of the suspected User. Necessary investigations will be carried out, and the Company has the authority to restrict the access or remove the account of the relevant User as a result of the review. Please note that in case the violation cannot be detected, Xstudios may choose not to take any action.

Violation of Terms

In case of failure to comply with the Terms hereby, Privacy Policy and other conditions contained in the app or attempting to violate the rules; the Company reserves the right to suspend or terminate the Users’ access to the website or subscribed plan without prior notice, as well as the right to reject, remove, and delete the information available in the system, whether or not the violation is complete. The Company’s failure to exercise or implement any legal right or measure written herein does not mean that the Company has waived its rights arising from these Terms or the relevant legislation.

Termination and Survival

Along with the termination cases stated above, Xstudios may suspend the use of the website, app or membership plan, stop streaming or disable view in case of:

The User violates the Terms or policies written herein or established by Xstudios,
The User does not have the right to use due to legal restrictions,
In accordance with legislation or decisions of administrative or regulatory bodies,
Loss of access to the website due to legal regulations or force majeure,
Unauthorized use, copying, imitating, publishing, streaming or making accessible all or a certain part of website contents on other digital platforms,
at the sole discretion of Xstudios.

The Terms of Use are effective until terminated by User or Xstudios in accordance with these Terms. These Terms may be terminated at any time by notifying Xstudios in writing. Following the notification by the User requesting termination, the account of the User will be deleted within two business days and information and documents other than anonymous data and data that shall be retained in accordance with the relevant legislation are deleted or destroyed by an appropriate method. In case these Terms are terminated, the provisions regarding the protection of personal data and intellectual property rights will remain in force.

Records

In case of disputes that may arise from the use of website, all kinds of electronic and commercial records of Xstudios, including but not limited to the user information, logs, and e-mail notifications made by Xstudios to Users constitute definitive and exclusive evidence.

Integrity

If any court or administrative authority decides that various provisions of these Terms of Use are unlawful, the other articles will remain valid and in force.

17. Governing Law and Dispute Resolution

This Privacy Policy is governed by the laws of Turkey. All disputes arising out of or in connection with the policy terms shall be finally settled by arbitration before ISTAC pursuant to the ISTAC Arbitration Rules. The language of the arbitration shall be English. Place of arbitration shall be İzmir/Türkiye. The applicable law to the merits of the dispute shall be Turkish law.

18. Information and Communication

18.1. For any questions and queries regarding the Terms herein, please contact www.xstudios.com.tr

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