Understanding your rights and responsibilities as a Maxtorium user.
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
These Terms constitute a binding agreement between You and Maxtorium Bilgi Teknolojileri Ltd. Şti. or the Maxtorium company operating the Web site for the country in which You live or in which business is headquartered (“Maxtorium”), and are deemed accepted by You each time that You use or access any Maxtorium Site or Maxtorium Services. If You do not accept the Terms stated here, do not use the Maxtorium Sites and the Maxtorium Services.
The Maxtorium Sites are defined as any Web sites under Maxtorium’s control, whether partial or otherwise (including, without limitation, Maxtorium.com) and include the Maxtorium Services. The Maxtorium Services are defined as the applications and services offered by Maxtorium, including an on-line service to post RFPs and bid for employment opportunities and/or any mobile or other interface that allows You to access such application (collectively, “Maxtorium Services”). The Maxtorium Sites also allow Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. In addition, Maxtorium may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.
Maxtorium may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Maxtorium Sites suspended or terminated, at Maxtorium’s discretion.
You must be 18 years of age or older to visit or use any Maxtorium Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any Maxtorium Site under the supervision of a parent, legal guardian, or other responsible adult.
1. Use of Maxtorium Content.
Maxtorium authorizes You, subject to these Terms, to access and use the Maxtorium Sites and the Maxtorium Content (as defined below) and to download and print a single copy of the content available on or from the Maxtorium Sites solely for Your personal, non-commercial use. The contents of the Maxtorium Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Maxtorium content (collectively, "Maxtorium Content"), are protected under copyright, trademark and other laws. All Maxtorium Content is the property of Maxtorium or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the Maxtorium Sites is the exclusive property of Maxtorium and is protected by copyright, trademark, and other laws. Unauthorized use of the Maxtorium Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Maxtorium Content on any authorized copy You make of the Maxtorium Content.
Any code that Maxtorium creates to generate or display any Maxtorium Content or the pages making up any Maxtorium Site is also protected by Maxtorium's copyright and You may not copy or adapt such code.
You agree not to sell or modify the Maxtorium Content or reproduce, display, publicly perform, distribute, or otherwise use the Maxtorium Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Maxtorium Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Maxtorium or its licensors, that dilutes the strength of Maxtorium's or its licensor’s property, or that otherwise infringes Maxtorium's or its licensor’s intellectual property rights. You further agree to in no other way misuse Maxtorium Content. The use of the Maxtorium Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Maxtorium creates to generate or display any Maxtorium Content or the pages making up any Application or Service is also protected by Maxtorium's copyright and you may not copy or adapt such code.
2. Use of the Maxtorium Services.
The job RFPs, resume database (“Maxtorium Resume Database”) and other features of the Maxtorium Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the Maxtorium Services is also subject to any other contracts You may have with Maxtorium. In the case of any conflict between these Terms and any contract you have with Maxtorium, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a Maxtorium Site. The term “RFP” as used herein shall mean proposal request that You submit, publish or display on a Maxtorium Site.
All Maxtorium Users agree to not:
(b) take any action that imposes an unreasonable or disproportionately large load on any Maxtorium Site's infrastructure;
(c) use any device to navigate or search any Maxtorium Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Maxtorium;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Maxtorium Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Maxtorium Site;
(h) aggregate, copy or duplicate in any manner any of the Maxtorium Content or information available from any Maxtorium Site, including expired job RFPs, other than as permitted by these Terms;
(i) frame or link to any Maxtorium Content or information available from any Maxtorium Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating media;
(k) post any resume or Profile or apply for any job on behalf of another party;
(l) defer any contact from an employer to any agent, agency, or other third party;
(m) set more than one copy of the same resume to public at any one time;
(n) share with a third party any login credentials to any Maxtorium Site;
(o) access data not intended for You or logging into a server or account which You are not authorized to access;
(p) post or submit to any Maxtorium Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Maxtorium Site, overloading, "flooding", "spamming", "mailbombing" or "crashing";
(w) promote or endorse an illegal or unauthorized copy of another person's copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the Maxtorium Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Maxtorium’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Maxtorium will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on Maxtorium Sites. Maxtorium is not to be considered to be an employer with respect to Your use of any Maxtorium Site and Maxtorium shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Maxtorium Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from Maxtorium, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from Maxtorium's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through Maxtorium’s web servers.
In order to protect our Maxtorium Users from commercial advertising or solicitation, Maxtorium reserves the right to restrict the number of RFPs which an employer may send to Users to a number which Maxtorium deems appropriate in its sole discretion.
An RFP posting may not contain:
(a) any hyperlinks, other than those specifically authorized by Maxtorium;
(b) misleading, unreadable, or "hidden" keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in Maxtorium’s reasonable discretion;
(c) the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by Maxtorium;
(d) the names of colleges, cities, states, towns or countries that are unrelated to the posting;
(e) more than one job or job description, more than one location, or more than one job category, unless the product so allows;
(f) inaccurate, false, or misleading information; and
(g) material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your Maxtorium RFP posting or Profiles to:
(a) post RFPs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
(b) post RFPs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
(c) post RFPs that include any screening requirement or criterion in connection with a RFP posting where such requirement or criterion is not an actual and legal requirement of the posted RFP;
(d) with respect to Profiles, determine a consumer's eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(f) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
(j) advertise sexual services or seek employees for jobs of a sexual nature;
(k) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(l) endorse a particular political party, political agenda, political position or issue;
(m) promote a particular religion;
(n) except where allowed by applicable law, post RFPs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Maxtorium reserves the right to remove any RFP posting or content from any Maxtorium Site, which in the reasonable exercise of Maxtorium’s discretion, does not comply with the above Terms, or if any content is posted that Maxtorium believes is not in the best interest of Maxtorium.
If at any time during Your use of the Maxtorium Services, You made a misrepresentation of fact to Maxtorium or otherwise misled Maxtorium in regards to the nature of Your business activities, Maxtorium will have grounds to terminate Your use of the Maxtorium Services.
Use of the Maxtorium Resume Database by Employers
You shall use the Maxtorium Resume Database as provided in these Terms and in any contract You have with Maxtorium. You shall use the Maxtorium Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from Maxtorium Resume Database to any third party.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from Maxtorium Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database login credentials with any other party.
The Maxtorium Resume Database shall not be used:
(a) for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
b) to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
(c) to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited.
In order to ensure a safe and effective experience for all of our customers, Maxtorium reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Maxtorium’s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.
When You register with any Maxtorium Site, You will be asked to create an account and provide Maxtorium with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Maxtorium Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Maxtorium account or Your Maxtorium account is terminated, all Your account information from Maxtorium, including resumes, Profiles, proposals, RFPs, questionnaires will be marked as deleted in and may be deleted from Maxtorium's databases and will be removed from any public area of the Maxtorium Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Maxtorium’s web servers. In addition, third parties may retain saved copies of Your Information.
Maxtorium reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Maxtorium Site ("User Content") is the sole responsibility of the person from which such User Content originated. Maxtorium claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Maxtorium and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Maxtorium, you grant Maxtorium a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Maxtorium. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Maxtorium a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Maxtorium and its services. Maxtorium will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Maxtorium. Maxtorium reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Maxtorium Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Maxtorium Site retains any and all rights that may exist in such User Content. Maxtorium may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Maxtorium Site. Maxtorium reserves the right to expel Users and prevent their further access to the Maxtorium Sites and/or use of Maxtorium Services for violating the Terms or applicable laws, rules or regulations. Maxtorium may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Maxtorium, damage Maxtorium’s brand or public image, or cause Maxtorium to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Maxtorium does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Maxtorium endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
· is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
· harasses, incites harassment or advocates harassment of any group or individual;
· involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
· promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
· promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
· contains restricted or password only access pages, or hidden pages or images;
· displays or links to pornographic, indecent or sexually explicit material of any kind;
· provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
· provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
· solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
Profiles derived from User Content may also be made available through the Maxtorium Sites. Maxtorium does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Maxtorium Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of Maxtorium. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Maxtorium shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Maxtorium Site and is accessible on such Maxtorium Site in a way that constitutes copyright or trademark infringement, please contact Maxtorium by email at email@example.com or by regular mail at:
Semsitap St. Tirnakci Business Center No:5/15, Osmanaga / Kadıkoy / Istanbul, Turkey
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
Maxtorium respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Maxtorium Sites, You agree not to use any Maxtorium Site to infringe the intellectual property rights of others in any way. Maxtorium reserves the right to terminate the accounts of any Users, and block access to the Maxtorium Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Maxtorium reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Maxtorium as set forth in Section 6 above.
8. Maxtorium's Liability.
The Maxtorium Sites act as, among other things, venues for (i) employers to post job RFPs and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and bid for and evaluate job opportunities. Maxtorium does not screen or censor the listings, including Profiles offered. Maxtorium is not involved in, and does not control, the actual transaction between employers and candidates. As a result, Maxtorium is not responsible for User Content, the quality, safety or legality of the job RFPs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Maxtorium makes no representations about any jobs, resumes or User Content on the Maxtorium Sites. While Maxtorium reserves the right in its sole discretion to remove User Content, job RFP postings, resumes or other material from the Maxtorium Sites from time to time, Maxtorium does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
As a result, Maxtorium has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the Maxtorium Sites and makes no representations about any Profile or User Content on the Maxtorium Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Maxtorium Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Maxtorium Sites.
Because User authentication on the Internet is difficult, Maxtorium cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Maxtorium Site, in the event that You have a dispute with one or more Users, You release Maxtorium (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Maxtorium Sites and the Maxtorium Content may contain inaccuracies or typographical errors. Maxtorium makes no representations about the accuracy, reliability, completeness, or timeliness of any Maxtorium Site or the Maxtorium Content. The use of all Maxtorium Sites and the Maxtorium Content is at Your own risk. Changes are periodically made to Maxtorium Sites and may be made at any time. Maxtorium cannot guarantee and does not promise any specific results from use of any Maxtorium Site. No advice or information, whether oral or written, obtained by a User from Maxtorium or through or from any Maxtorium Site shall create any warranty not expressly stated herein.
Maxtorium encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Maxtorium be liable for the deletion, loss, or unauthorized modification of any User Content.
Maxtorium does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any Maxtorium Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Maxtorium may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Maxtorium has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MAXTORIUM DOES NOT WARRANT THAT ANY MAXTORIUM SITE OR ANY MAXTORIUM SERVICES WILL OPERATE ERROR-FREE OR THAT ANY MAXTORIUM SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MAXTORIUM SITE OR THE MAXTORIUM CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, MAXTORIUM IS NOT RESPONSIBLE FOR THOSE COSTS. THE MAXTORIUM SITES AND MAXTORIUM CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MAXTORIUM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. MAXTORIUM MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MAXTORIUM CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL MAXTORIUM, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY MAXTORIUM SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY MAXTORIUM SITE AND THE MAXTORIUM CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAXTORIUM IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, MAXTORIUM'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY MAXTORIUM SITE OR YOUR USE OF THE MAXTORIUM CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The Maxtorium Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Maxtorium of the contents on such third-party Web sites. Maxtorium is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Maxtorium Site.
You agree to defend, indemnify, and hold harmless Maxtorium, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Maxtorium Site, (ii) Your use of any Maxtorium Content, or (iii) Your breach of these Terms. Maxtorium shall provide notice to You promptly of any such claim, suit, or proceeding.
Maxtorium makes no claims or representations that the Maxtorium Content may be lawfully viewed or accessed outside of the Turkey. Access to the Maxtorium Content may not be legal by certain persons or in certain countries. If You access any Maxtorium Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any Maxtorium Site is further subject to Republic of Turkey export control laws, and may not be downloaded or otherwise exported or re-exported (i) into any country to which Republic of Turkey has embargoed goods. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Trade Courts of Istanbul, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts within Istanbul, Turkey. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Maxtorium’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Maxtorium’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Maxtorium Sites, a particular "Legal Notice," or software license or material on particular pages on the Maxtorium Sites, these Terms constitute the entire agreement between You and Maxtorium with respect to the use of the Maxtorium Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Mobile Services.
If You use the Maxtorium Sites or applications through a mobile device, You agree that information about Your use of the Maxtorium Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Maxtorium Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Maxtorium Sites using a mobile device, You represent that to the extent You import any of Your Maxtorium data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your Maxtorium account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Maxtorium Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the Maxtorium Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Maxtorium Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
17. Term and Termination.
These Terms will remain in full force and effect while You are a User of any Maxtorium Site. Maxtorium reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Maxtorium Sites and immediate termination of Your registration with or ability to access the Maxtorium Sites and/or any other services provided to You by Maxtorium, upon any breach by You of these Terms or if Maxtorium is unable to verify or authenticate any information You submit to a Maxtorium Site registration. Even after You are no longer a User of the Maxtorium Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 15, inclusive.
Copyrights, Disclaimer and Trademarks
Maxtorium respects the intellectual property of others, and we ask our users to do the same. Maxtorium may, in appropriate circumstances and at its discretion, terminate the access/accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or any other violation of your rights, please provide Maxtorium’s Copyright Agent the following information:
· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
· a description of the copyrighted work that you claim has been infringed or material which otherwise violates your rights;
· a description of where the material that you claim is infringing/violating is located on the site;
· your address, telephone number, and e-mail address;
· a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
· a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Maxtorium’s Copyright Agent for Notice of claims of copyright infringement on its site can be reached as follows:
Important Disclaimers and Legal Information
Maxtorium is not affiliated with SAP AG, SAP Community Network (SDN) or SAP SE.
Adobe, the Adobe logo, Acrobat, PostScript, and Reader are trademarks or registered trademarks of Adobe Systems Incorporated in the United States and other countries.
Apple, App Store, FaceTime, iBooks, iPad, iPhone, iPhoto, iPod, iTunes, Multi-Touch, Objective-C, Retina, Safari, Siri, and Xcode are trademarks or registered trademarks of Apple Inc.
Citrix, ICA, Program Neighborhood, MetaFrame now XenApp, WinFrame, VideoFrame, and MultiWin are trademarks or registered trademarks of Citrix Systems Inc.
Facebook, the Facebook and F logo, FB, Face, Poke, Wall, and 32665 are trademarks of Facebook.
Google App Engine, Google Apps, Google Checkout, Google Data API, Google Maps, Google Mobile Ads, Google Mobile Updater, Google Mobile, Google Store, Google Sync, Google Updater, Google Voice, Google Mail, Gmail, YouTube, Dalvik, and Android are trademarks or registered trademarks of Google Inc.
HP is a registered trademark of the Hewlett-Packard Development Company L.P.
HTML, XML, XHTML, and W3C are trademarks, registered trademarks, or claimed as generic terms by the Massachusetts Institute of Technology (MIT), European Research Consortium for Informatics and Mathematics (ERCIM), or Keio University.
IBM, DB2, DB2 Universal Database, System i, System i5, System p, System p5, System x, System z, System z10, z10, z/VM, z/OS, OS/390, zEnterprise, PowerVM, Power Architecture, Power Systems, POWER7, POWER6+, POWER6, POWER, PowerHA, pureScale, PowerPC, BladeCenter, System Storage, Storwize, XIV, GPFS, HACMP, RETAIN, DB2 Connect, RACF, Redbooks, OS/2, AIX, Intelligent Miner, WebSphere, Tivoli, Informix, and Smarter Planet are trademarks or registered trademarks of IBM Corporation.
Microsoft, Windows, Excel, Outlook, PowerPoint, Silverlight, and Visual Studio are registered trademarks of Microsoft Corporation.
IOS is a registered trademark of Cisco Systems Inc.
Linux is the registered trademark of Linus Torvalds in the United States and other countries.
Mozilla and Firefox and their logos are registered trademarks of the Mozilla Foundation.
Novell and SUSE Linux Enterprise Server are registered trademarks of Novell Inc.
OpenText is a registered trademark of OpenText Corporation.
Oracle and Java are registered trademarks of Oracle and its affiliates.
QR Code is a registered trademark of Denso Wave Incorporated.
RIM, BlackBerry, BBM, BlackBerry Curve, BlackBerry Bold, BlackBerry Pearl, BlackBerry Torch, BlackBerry Storm, BlackBerry Storm2, BlackBerry PlayBook, and BlackBerry AppWorld are trademarks or registered trademarks of Research in Motion Limited.
The Skype name is a trademark of Skype or related entities.
Twitter and Tweet are trademarks or registered trademarks of Twitter.
UNIX, X/Open, OSF/1, and Motif are registered trademarks of the Open Group.
Wi-Fi is a registered trademark of Wi-Fi Alliance.
SAP, R/3, ABAP, BAPI, SAP NetWeaver, Duet, PartnerEdge, ByDesign, SAP BusinessObjects Explorer, StreamWork, SAP HANA, the Business Objects logo, BusinessObjects, Crystal Reports, Crystal Decisions, Web Intelligence, Xcelsius, Sybase, Adaptive Server, Adaptive Server Enterprise, iAnywhere, Sybase 365, SQL Anywhere, Crossgate, B2B 360° and B2B 360° Services, m@gic EDDY, Ariba, the Ariba logo, Quadrem, b-process, Ariba Discovery, SuccessFactors, Execution is the Difference, BizX Mobile Touchbase, It’s time to love work again, SuccessFactors Jam and BadAss SaaS, and other SAP products and services mentioned herein as well as their respective logos are trademarks or registered trademarks of SAP AG in Germany or an SAP affiliate company.
All other product and service names mentioned are the trademarks of their respective companies. Data contained in this document serves informational purposes only. National product specifications may vary.
These materials are subject to change without notice.