Copyright, Trademark and other Intellectual Property Rights
Except as otherwise noted and except for the content posted on the “Journal” hereof, any and all text, images, designs, marks, Nefes trademark, www.Nefesistanbul.com domain name, logo, icon, demonstrative, written, electronic, graphic and other kinds of technical data, computer software, distribution system, business model and method and other content of the Nefes Website (the “Content”) is copyrighted, trademarked, legally protected by trade dress, and/or otherwise proprietary to Nefes.
Nefes authorizes you to view the Content and to download and print the Content for your own personal and noncommercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site, without obtaining prior approval or sourcing. By your use of the Website, you represent and warrant that your use of the Content will be consistent with this license and that you will not infringe or violate the rights of any other party, including Nefes, or breach any contract with or legal duty to any other party. Nefes reserves all rights not expressly granted herein.
If you believe that any item of the Content has been copied and is accessible on the Nefes Website in a way that constitutes copyright infringement or the infringement of any other intellectual property rights, please notify Nefes as soon as possible so that Nefes may act promptly and appropriately.
Although Nefes uses reasonable efforts to provide accurate and complete information on the Nefes Website, information about products or their availability or prices may be inaccurate, incomplete, or out of date. Based on variations in computer monitors and other computer hardware, colors and other attributes of the products may not be displayed accurately.
Disclaimer/Limitation of Liability
The Nefes Website, its Content, and any information available on or through the Website are provided “as is” and “as available” and without any representations or warranties of any kind, to the fullest extent permitted pursuant to applicable laws.
Nefes expressly disclaims any and all representations and warranties with respect to the Nefes Website and its Content, whether express, implied, or statutory, including warranties of title, merchantability, fitness for a particular purpose, and non-infringement of any intellectual property or other proprietary rights.
Nefes does not represent or warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free, that defects therewith will be corrected, or that the Website or its server are free of viruses or other harmful elements. In addition, certain information may be provided or updated from a source other than Nefes and Nefes does not assume any liability or responsibility for the accuracy of such information.
Nefes, and its employees, directors, officers, agents, representatives, vendors, and service providers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the Website, the Content, or other materials or information provided on or through the Website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Nefes has been advised or should have known of the possibility of such damage.
You acknowledge, by your use of the Website, that your use is at your sole risk and that Nefes will not be liable for any damages of any kind related to your use of or inability to use the Website. In the event of any problem with the Nefes Website or the Content, you agree that your sole remedy will be to cease use of the Website. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Nefes to you for any type of damages shall be limited to the greater of the actual amount paid by you for any products offered on the Website or U.S. $100.00.
You agree to indemnify, defend, and hold Nefes harmless from all claims, causes of action, allegations, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use or operation of the Nefes Website.