Terms of Use

TABİİ

TERMS OF USE

Last revision date    : 26.12.2023

Note: Before downloading, installing, copying or using TABİİ, please read carefully the following terms and conditions regarding the Services and TABİİ, i.e. this Terms of Use text.

TABİİ provides you with a customized subscription Service (hereinafter referred to as the "Services") that enables you to access prepared content over the internet through televisions, computers and/or other devices connected to the internet. In these Terms of Use, the person referred to as “User” and/or “you” refers to the member who created the TABİİ account.

All rights of the Digital Platform TABİİ (hereinafter referred to as "TABİİ") and the Services, including but not limited to royalties, all content, template, design, videos and music and the information and visual and written records contained therein, are owned by Türkiye Radyo ve Televizyon Kurumu and its affiliates (hereinafter referred to as "TRT").

If you accept the Terms of Use and/or click on the “Sign Up” button to install, download, copy or use TABİİ, you agree to the terms and conditions of the Terms of Use.  If any of the terms specified in this page is not acceptable for you, please do not accept these Terms of Use, cancel the installation and downloading process and do not use TABİİ.

Any amendments that may be made to these Terms of Use by TABİİ shall also be included in these terms and considered together with them, and if any of these terms, that will be notified to you before the amendment is made and included in TABİİ, is not acceptable for you, please cancel the installation and downloading process and do not use TABİİ.

 

1.   Membership, Invoicing and Cancellation of Membership

1.1.Membership

Within the scope of membership, name, surname, e-mail, password, gender and date of birth information are received from users. Users must enter this information correctly in order to create an account.

Information received within the scope of paid membership                          

-       In case of purchasing a subscription (paid membership) through the website;

If the user creates a paid membership for the first time, payment information shall be received in addition to the aforementioned membership creation information.

If he is an existing user and subscribes through the web, only payment information shall be received. Payment information of users are processed by the contracted intermediary payment institution(s) of TRT, in accordance with the data processing conditions written in the information disclosure text, and they are not collected or recorded by us.

-       If the user subscribes through mobile applications, subscription payment shall be received through application stores (Apple App Store and Google Play Store). No information other than the user's membership information shall be collected.

1.2.Billing         

If the user purchases a subscription through the website, once the purchasing process is completed, the bill shall be sent to the e-mail address provided by the User when signing up.

If the user purchases through an app store (IAP), the bill shall be sent to him by the app store.

1.3.Cancellation of membership - cancellation processes

·       A user who subscribes through the web may cancel his subscription through the web application.

·       If the user has subscribed through an application store (IAP), he may cancel his subscription through the relevant application store.

·       If the user wants to have his membership deleted completely, he may delete his membership through mobile applications.

 

2.   Rights and Obligations of the User

2.1.User refers to any natural person who logs in to TABİİ and uses TABİİ.

2.2.All the content provided on TABİİ is protected by copyrights. It cannot be changed, copied, republished, transmitted, distributed or recorded, or used in any other way unlawfully, unethically or immorally, without the permission of TABİİ and TRT.

2.3.The performances and/or works contained in TABİİ cannot be reproduced, distributed, quoted, published, performed, communicated to the public or used in any way, without the consent of their owners.

2.4.The user may not copy or use the software that is used for the design of TABİİ and to create database, all rights to which are owned by TRT, or he may not unlawfully obtain its passwords or attempt to hack it.  The users may not act in a way which would prevent or complicate the use of TABİİ, they may not force/block the servers or databases by overloading them with automatic programs and they may not make fraudulent attempts.

2.5.The users may not use the IP address, electronic mail address, user name and other information of another person in the Internet medium, without authorization or in an unlawful manner.

2.6.Users cannot save incorrect, irregular, incomplete and misleading information to TABİİ.

2.7.TRT shall not assume any liability in case access to TABİİ is prevented in part or in whole without the fault of TRT.

2.8.To become a member of TABİİ, you must be minimum 18 (eighteen) years old.

2.9.Users under 18 Years of Age - Responsibility of Legal Representatives

The users accept, declare and undertake that they are aware of the fact that, in respect of all the activities carried out on TABİİ, the transactions and activities which must be carried out by persons of legal age with the capacity to act as per law, may only be performed by persons of legal age (particularly the condition of being older than 18 years of age), and minors (particularly those who are under 18 years of age) may only perform transactions through their legal guardians, otherwise, TRT and its Managers shall not assume any liability.

Legal guardians shall be solely responsible for closely monitoring all the activities that are carried out on TABİİ by minors (children) and making the necessary interventions, and TABİİ, TRT and its Affiliates shall not be responsible for any damages to arise in this context.

As the permission of legal guardians of users must be obtained in order for them to use TABİİ, the permission of your legal guardian shall be deemed to have been obtained in case of use of TABİİ.

2.10. Users are entitled to use TABİİ for personal purposes only and not for commercial purposes.  TABİİ and/or all contents you access through TABİİ are for your personal and non-commercial use only and cannot be disclosed to others.

2.11. You may access TABİİ primarily in the country where you created your account and only in those geographic areas where we provide our service or license this content. The Services provided may vary by geographic location and may also be changed from time to time.

2.12. It shall be assumed that TABİİ is used by a single User. Depending on the subscription plan you prefer, it may be used in a way that it can be watched by more than one person at the same time within the scope of the same membership. In any case, any action taken through your account is under your responsibility. The terms of this Agreement shall apply to any contents, materials or services that may be accessed through or purchased within the Services, as well as any upgrades provided by TABİİ and/or its affiliates that replace or supplement the Services.

2.13. You may not distribute, record or make the Services available over a network in a way that they can be used on multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Services. You may not copy, reverse engineer, or attempt to disassemble, obtain the source code of, modify, or create derivative works from the Services, their updates or parts (except as permitted in this license).

3.     Security Measures 

3.1.User accounts are protected by password. If the users forget their password, a new password shall be sent to their e-mail address. Due to security reasons, the passwords shall not be sent to any address other than the registered e-mail addresses of the user.

3.2.The passwords must consist of combinations with low predictability, made up of letters and figures. It should be noted that predictable passwords such as date of birth, name, letters or numbers in a sequence, name of the supported sports team, etc. may be stolen easily.

3.3.By permitting others to access your account (including access to the information about viewing activity in your account), you agree that they are acting on your behalf and that any changes they may make to your account, including the changes to your subscription plan, shall be binding on you.

3.4.TRT pays attention to taking the measures necessary for security in the Application. Therefore, regular security tests are run in the system and effort is made in order not to allow any security vulnerability. Despite this, unauthorized access to the user profiles may occur from time to time. Below listed security measures must be observed in order not to encounter a security problem.

3.5.If a shared computer is used, after having logged in to TABİİ, it must not be closed without clicking on the “Logout” button, which means secure logout. Using this method instead of closing the browser or the application will prevent the person who will log in later by using the same computer, from accessing the page of the Users.

3.6.When you use the Services through an Application, before delivering your Device to a third party in any way by selling or transferring it or leasing it out, you must uninstall this Application and delete or destroy all information related to the Services (including but not limited to, username, password, personal information, account information etc.). Otherwise, all the damages that may arise shall be under the user's own responsibility.

4.     You are hereby granted a non-transferable subscription right to use TABİİ on the website, mobile applications, smart TV applications, Roku and the like. The users accept and undertake that they may not use the materials and data that they watched, obtained or downloaded on TABİİ for any purposes other than personal purposes, trade them, transfer them to third parties, or make them available to third parties by stocking or archiving them, in summary, that they may not use them or make them available, other than pursuant to the conditions and authorization specified in TABİİ. Unless expressly permitted, you may not a) archive, reproduce, distribute, modify, display, process, publish, license, create derivative works from the Services, or put up for sale or use any content or information stored in or obtained from or through the Services; b) delete, modify, disable, downgrade, block, obscure or disable any content protections or other elements of the Services, including the graphical user interface, copyright notices and trademarks; c) use any robot, spider, scraper or other automated means to access the Services; d) upload any material or software virus or other computer code, files or programs designed to interrupt, damage or limit the operation of any computer software or hardware or telecommunications equipment related to the Services. You agree not to send or transmit the Services through email or any other means. The Services and all rights related to the Services, including intellectual property rights, are owned by TRT and its affiliates. The Services are protected by the provisions of international treaties and other laws applicable in the country in which the Services are used. The structure, setup and code of the Services are valuable trade secrets and confidential information of TRT and its affiliates. You may not duplicate the service. Where you are permitted to reproduce the Service under this Contract, all copies of the Service must contain the same copyright and other proprietary notices that appear on the Service. All rights not expressly granted to you by this Contract shall continue to be owned by TRT and other relevant rightful owners.      

5.     The image quality of the Services of TABİİ may vary depending on the device used by the User and may be affected by various factors, such as the speed of your Internet connection and the bandwidth it provides.

6.     TRT uses all reasonable efforts to ensure the accuracy, suitability and reliability of the Application contents, but does not guarantee the accuracy, suitability or reliability.

7.     External Services (provided by a third party service provider): TABİİ may provide you with access to services and websites of third parties (hereinafter referred to as “External Services” collectively and individually). You agree that your use of External Services is at your sole risk. TRT is not obliged to review or evaluate the content or accuracy of third party External Services and shall not be responsible for such third party External Services. All data displayed by External Services, including but not limited to financial, medical or location information,  is for general informational purposes only and is not guaranteed by TRT or its representatives. You may not use External Services in breach of the terms of these Terms of Use or in any manner that infringes the intellectual property rights of the Licensor or a third party. You agree not to use the External Services to harass, abuse, stalk, threaten or damage the reputation of any person or entity. TRT shall not be responsible for such uses.  External Services may not be available in all languages or in the country where you live, or they may not be appropriate or available for use in a particular location. If you prefer to use these External Services, you are responsible for complying with all applicable laws. TRT reserves its right to change, suspend, remove, disable or impose access restrictions or limitations upon any External Services, without prior notice or without assuming any liability towards you.           

8.     Responsibility: To the extent not prohibited by law, TRT shall in no event be responsible for personal injury or incidental, special, indirect or consequential damages or losses, loss of profit, loss of data, business interruption or other commercial damages or losses, and all direct and indirect damages that may arise due to reasons arising from TABİİ or its contents, such as software or hardware malfunction, system errors, performance failure, viruses, errors, interruptions, deficiencies and delay in transportation, that arise from your use of or your inability to use TABİİ, no matter how they arise and on whatever theory of liability they are based (contract, tort or other) and whether or not it was notified in advance that they might arise. Because some jurisdictions do not permit the limitation of liability for personal injuries or incidental or consequential damages, this limitation may not apply to you.  In no event shall the total liability of TRT towards you for all damages (except as provided by applicable law in the case of personal injury) exceed the monthly or annual subscription fee paid by the User. The damage liability is limited to direct damages and the amount specified in this article, and the damages shall be covered based on the final court decision.

It is at the user's own initiative whether or not to visit the websites redirected by TABİİ through contents such as advertising etc., and TABİİ shall not be responsible for the reliability of these websites and for any damages that may be incurred for this reason.

Any civil, criminal, administrative and financial liabilities arising from any use contrary to the notices stated in the Terms of Use and the laws shall be borne by the user.

The user shall fully indemnify TRT for any loss arising from his actions in breach of the obligations specified in the Terms of Use, and he is aware and accepts that Y may recourse to him for any compensations and/or administrative/judicial fines that TRT might become obliged to pay.

TRT may block the use of or access to TABİİ, in case it deems it appropriate, at any time and without any warning or notice, for any reason including but not limited to prevention of misuse, anti-piracy or software development.

TRT is authorized, at its sole discretion, to make changes to any content it provides through TABİİ,  or to remove any content that it deems inappropriate, or to add new contents. This circumstance shall not entitle the User to any right of compensation.

9.     Use of Data: You agree that TRT may collect and use cookies, technical data and relevant information, including but not limited to technical information about your device, system or application software and peripheral equipment, that are regularly collected to facilitate software updates, product support and other services (if any) to be provided to you in connection with the Services. TRT may use this information for the purposes specified in the information disclosure text, such as improving its products or providing you with services or technologies, unless they are in a format that allows you to be identified. 

10.  Changes/Amendments and Updates

TRT is constantly changing and improving the Service.  As part of this continuous improvement, TRT may make changes (applicable to all or part of the Service), such as the addition or removal of new features and functions and the provision of new digital content or services or discontinuation of old ones.        TRT may become obliged to modify or discontinue the Service or any part of it in order to make performance or security improvements, to put in place changes aimed at compliance with laws, or to prevent illegal activities and misuse of our systems. These changes may affect all users, some users, or even a single user. This Contract may be amended at the sole discretion of TRT or its affiliates, in order to improve the quality of the Services or in accordance with other needs of the Services or TRT. TRT shall inform you of such changes/amendments 30 days in advance of the date when they will become applicable to you. If the changes/amendments made are essential for the User and you do not want to accept these essential changes/amendments, you may cancel your subscription and/or uninstall the application from your device before the changes/amendments become applicable.

11.  General Provisions: 

If any provision of these Terms of Use is deemed to be invalid or unenforceable, this circumstance shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain valid and enforceable in accordance with the above terms.

If TRT delays in exercising or partially exercises or fails to exercise any right/authorization of it hereunder explicitly or implicitly or temporarily or permanently, this shall not mean a waiver of such right/authorization of it, even partially, and any individual or partial exercise of any right/authorization shall not prevent the full exercise of the same or the exercise of another right/authorization subsequently.

12.  Notifications: 

The login and/or e-mail address declared by users on TABİİ, shall be deemed as the legal notification address for any notices to be served upon the users.

The relationship between the User, TRT and TABİİ is governed by the law of the Republic of Türkiye, regardless of provisions regarding the conflict of laws. You and TRT and TABİİ submit to the exclusive jurisdiction of the Courts and Execution Offices of the Republic of Türkiye in resolution of any disputes arising from this Contract.

 

Platform Owner : Türkiye Radyo Televizyon Kurumu/TRT

Mersis (Central Registration System) No.                 :

Address         : TRT Genel Müdürlüğü Turan Güneş Bulvarı TRT Sitesi 06550 Oran ANKARA

E-mail             : support@tabii.com