Terms of Use

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://empactivo.com/ website and the App mobile application (together, or individually, the “Service”) operated by Omega BigData, Inc. (“Empactivo”, “us”, “we”, or “our”).

By accessing, browsing, and using the Website, you agree that you have read, understood, and accept these Terms and agree to comply with all applicable laws, including export control laws and regulations.

Your Information

When you express an interest in the products and services of Empactivo, you may provide your information to Empactivo to download materials from the website, register for events, or receive updates on the products and services of Empactivo. You agree to provide data that is reliable and up-to-date. The information you supply is regulated by the Privacy Policy of Empactivo.

Conditions of Use

The website and the content can only be used for informational, non-commercial purposes by you. You may make copies of the content within your organization to be distributed for information purposes. Except as expressly permitted herein, you can not, without prior written permission of Empactivo, copy, print, distribute, modify, or make derivative works of the Website or material. You may not link or otherwise display the content on any other website or elsewhere in any way to any part of the website or content or frame.

Submissions

The Submissions will be deemed and remain the sole property of Empactivo if you submit suggestions, feedback, or ideas via the Website (‘Submissions’). Empactivo shall not be obligated to keep Submissions confidential except as stated in Empactivo’s Privacy Policy.

Third-Party Websites

Empactivo is not responsible for any content from third parties or websites from third parties linked to the Website. Links to the content and websites of third parties are provided solely for convenience and do not imply endorsement or affiliation with third parties. 

Disclaimer of Warranty

Empactivo expressly disclaims all guarantees of any kind, whether express, implied, statutory, or otherwise, including without limitation, any warranty of merchantability, fitness for a particular purpose, or non-infringement of proprietary and intellectual property rights. The website and content are provided “as-is” and “as available” basis. In addition, Empactivo makes no warranty or guarantee, without limitation, that the website or any material will be uninterrupted, timely, safe, or error-free or that defects in the site will be corrected. It is at your own risk to use the Website and the content.

Intellectual Property

All information and content available on the Website, including but not limited to trademarks, logos, text, graphics, images, photos, videos, data compilations and software (collectively, the “Content”) are the property of Empactivo, our affiliates, partners or licensors, and is protected by Turkish laws, including laws governing copyrights and trademarks.

All rights not expressly granted herein are reserved to us and our licensors.

Limitation of Liability

Empactivo will not be liable to any party for any direct , indirect, incidental, special, punitive or consequential damage of any kind (including, but not limited to, business interruption, loss of business or loss of profits) in any event whatsoever linked to or referenced on the website, content or any third party website or information, even if Empactivo is expressly linked to or referenced on the Website.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable, under any circumstances, for any (a) interruption of business; (b) access delays or access interruptions to the site; (c) data non-delivery, misdelivery, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the site; (e) computer viruses, system failures or malfunctions which may occur in connection with your use of the site, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond our reasonable control.

Indemnity 

You agree to indemnify, defend, and hold Empactivo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or related to any content you submit, post, transmit or make available through the website, your violation of these Terms of Use, or your violation of any rights of another.

Changes to these Terms

These Terms may be updated from time to time by posting a new version of these Terms to the Site. We will also revise the “Updated” date at the top of the Terms when we modify the Terms. By using the Website, you agree to be bound, during such use, by the version of these Terms in force.

General

These terms and conditions constitute the entire legal agreement between you and Empactivo as regards the use of the website and the content of the website. If additional or different terms are provided for the content, such additional or different terms shall prevail. The failure of Empactivo to enforce any legal right or remedy contained in these Terms or applicable law shall not in any way be construed as a present or future waiver of those rights and remedies. If any provision of these Terms is found invalid by a court of competent jurisdiction, the remaining provisions of these Terms shall not be affected. These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, irrespective of the provisions of its conflict of laws. Any legal action or proceeding arising under the Agreement shall be brought exclusively before the Republic of Turkey courts and you agree to the exclusive jurisdiction of such courts.