By accessing, visiting, or otherwise utilizing the Turkuazkarbon.com, (Turkuazkarbon.com) web site (the "Site"), you agree to adhere to the following terms and conditions by clicking on the “I Accept”, "I Agree" or other similar phrases, button. You represent that you have read and understand each of the terms and conditions described below and agree that these terms and conditions apply to your use of the Site. If you do not agree to accept the following terms and conditions, you may not conduct any business over our Site, use the Site, or register as a Registered Member.
It is important that you read these terms and conditions carefully. Any business that you conduct over our Site, and your use of our Site, is subject to these terms and conditions.
Definitions
In these terms and conditions (and the Privacy Statement which is incorporated hereunder):
“Affiliate” or “affiliation” means an entity controlled by, controlling or under common control of the relevant party.
"Authorized person” means, in the case of a username that is provided to a corporation or other entity, any officer or agent who is authorized to act on behalf of the corporation or entity.
“Hyperlinks” are highlighted words or pictures within a hypertext document that when clicked take a User to another place within the document, to another document, or another web site, typically operated by a party that is not an Affiliate of Turkuazkarbon.com.
“Information” means all information transmitted over the Site and shall include Market Data and news.
"Market Data" means last sale prices, bids, offers, information related to those prices, bids and offers and other similar financial or transactional information provided to a User.
“Marketing Partners” means those entities providing products and services through Turkuazkarbon.com.
"Registered Members” means any User who has registered with Turkuazkarbon.com.
“Site” means the Turkuazkarbon.com web site.
"Us", "we" and "Turkuazkarbon.com" means Turkuaz Enerji ve Karbon Limited.
“User”, “you” or “your” means any person accessing, browsing, utilizing, or participating in the use, of the Site either manually or via an automated device or program.
“User Codes” means collectively the usernames and passwords designated for your use on our Site.
No Warranties and Limitation of Liability
ACCESS TO THE SITE, AND ALL INFORMATION AND CONTENT, IS PROVIDED “AS IS.” TURKUAZKARBON.COM MAKES NO WARRANTIES (EXPRESS OR IMPLIED), REPRESENTATIONS, OR GUARANTEES AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRIGEMENT OR OTHERWISE WITH RESPECT TO THE SITE, ITS CONTENT, ANY DOCUMENTATION OR ANY HARDWARE OR SOFTWARE PROVIDED BY TURKUAZKARBON.COM. TECHNICAL DIFFICULTIES COULD BE ENCOUNTERED IN OPERATION, FUNCTIONALITY, AVAILABILITY, OR CONNECTION WITH THE SITE. THESE DIFFICULTIES COULD INVOLVE, AMONG OTHERS, THE COMPLETE DISCLOSURE OF ANY AND ALL INFORMATION PROVIDED BY YOU TO US TO THE PUBLIC, FAILURES, DELAYS, MALFUNCTIONS, SOFTWARE EROSION OR HARDWARE DAMAGE. THESE DIFFICULTIES COULD BE THE RESULT OF HARDWARE, SOFTWARE OR COMMUNICATION LINK INADEQUACIES OR OTHER CAUSES. SUCH DIFFICULTIES COULD LEAD TO POSSIBLE ECONOMIC AND/OR DATA LOSS. IN NO EVENT WILL TURKUAZKARBON.COM, ITS AFFILIATES, ITS VENDORS OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY POSSIBLE LOSS, COST OR DAMAGE INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES WHICH MIGHT OCCUR AS A RESULT OF OR ARISING OUT OF USING, ACCESSING, INSTALLING, MAINTAINING, MODIFYING, DEACTIVATING OR ATTEMPTING TO ACCESS THE SITE OR OTHERWISE. FURTHER, THERE WILL NO LIABILITY TO YOU WITH RESPECT TO THE SERVICES, CONTENT, SITE OR ANY SOFTWARE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, INCLUDING WITHOUT LIMITATION LIABILITY (I) FOR ANY DELAY OR FAILURE TO COMPLETE A REQUEST, ORDER, OR TRADE, OR (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY OR SERVICES, OR (III) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, TRADING LOSSES, LOSS OF ANTICIPATED PROFITS, LOSS BY REASON OF SHUTDOWN IN OPERATION OR INCREASED EXPENSES OF OPERATION, COST OF COVER, OR OTHER INDIRECT LOSS OR DAMAGE, EVEN IF CO2E.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Privacy Policy
Turkuazkarbon.com's privacy policies are detailed in our Privacy Policy. By consenting to these terms and conditions you are agreeing to be bound by the provisions in to Turkuazkarbon.com's Privacy Policy.
Information Provided by Users & Authority
You accept responsibility for all Information submitted through your access to the Site, using the User Codes or otherwise. In the event that Information is submitted through to the Site erroneously, or any User later determines that Information should not have been submitted, for any reason, the User accepts full financial responsibility for such entry. Further, by logging on to our Site on behalf of an entity or corporation, you are agreeing that you have the right and authority to bind that entity or corporation to the obligations and responsibilities incurred by utilizing this Site.
Electronic Communication Delivery
We may deliver communications to you electronically. You acknowledge that, by receiving communications electronically, you may incur online charges depending on how you arrange for online services.
You agree to notify Turkuazkarbon.com immediately by e-mail of any change in your e-mail address and we shall require that you provide certain information prior to changing your e-mail address. Communications sent by us to your e-mail address will, until we have received written notice of a different e-mail address delivered to us, be deemed to have been personally delivered to you whether actually received by you or not. You also authorize us to deliver to you any communication by sending you a notice by e-mail or otherwise that directs you to an address on our Site where the communication is posted and from where it can be read and printed. You agree that our sending such a notice will constitute good and effective delivery to you of the communication regardless of whether you follow the directions in the notice and actually access the communication from our Site.
Users should note that checking boxes, or clicking buttons, that state "I Accept," "I Agree" or other similar phrases on our Site will be a legally binding obligation to these terms and conditions, any other provisions in which you give your assent in the above manner.
Monitoring E-Mail
For your and our protection and to correct misunderstandings, you understand and agree that we may monitor and retain e-mail communications conducted with us. Personally identifiable information, including the contents of and addresses of e-mail, may be shared with our Affiliates and third parties, such as Marketing Partners. A User may be able to opt-out of having such information shared with third parties, except such information may be disclosed by Turkuazkarbon.com in order to be in compliance with all appropriate and applicable regulations and laws for the conduct of the business of Turkuazkarbon.com and in response to a request or demand for such information made by any governmental entity, including law enforcement agencies of such governmental entity.
No Legal, Taxation, Accounting or Investment Advice
You acknowledge that we do not provide, through our Site or otherwise, any legal, taxation, accounting and investment advice. You assume full responsibility with respect to legal, taxation, accounting and investment matters relating to your use of the Site.
Not a Recommendation or Solicitation
We may make information available to you through our Site about various transactions, investment strategies or services, including our own reports and commentaries and materials prepared by others. You should not view the fact that we make this information available as our recommendation to you of any particular transaction, investment strategy, service or service provider. This information is not personalized and is in no way tailored to reflect your own financial circumstances or investment objectives, and the transactions or investment strategies discussed might not be suitable for you. You acknowledge that you are not relying upon any representations or opinions of Turkuazkarbon.com to influence your decision to execute any transaction, whether through the Site or otherwise. We are not acting as a fiduciary or a financial, investment or trading or other advisor for you and we have no obligation to determine that any transaction or service is suitable for you.
Turkuazkarbon.com is not a securities broker, broker-dealer, investment adviser, futures commission merchant, commodities trading advisor, commodity pool operator or securities or commodities exchange. Turkuazkarbon.com is not a bank or savings bank and does not take deposits or make loans or otherwise conduct a banking or deposit-taking function.
Turkuazkarbon.com makes no representations or endorsements regarding the quality, accuracy, reliability or condition of any item or Information posted on the Site. Turkuazkarbon.com does not control the quality, safety, truth or accuracy of the listings or Information and makes no representation thereof. Turkuazkarbon.com shall assume no obligation or responsibility for investigating the background or confirming the identity of Users. Turkuazkarbon.com shall have no obligation to review the Site's content and Information, or to remove any such Information. Turkuazkarbon.com reserves the right, in its sole discretion, to monitor, review, remove, edit, or delete or refuse to post, any Information that Turkuazkarbon.com deems objectionable or in violation of any term of these terms and conditions. Turkuazkarbon.com does not make any representation or warranty regarding the accuracy of any Information provided by a User and Turkuazkarbon.com makes no guarantee that a User actually will complete any transaction.
Not Responsible for News & Information
You agree that the Information we provide you (directly or indirectly through a third-party information provider) are for your personal use only and you will not retransmit or republish this Information in any form. You acknowledge that the Information is obtained from sources we believe reliable, is provided solely on an "as available" basis for your convenience, and that no guarantees are made by us or by any information provider as to the Information's accuracy, completeness or timeliness. You shall not hold Turkuazkarbon.com liable in any way for any inaccuracy, error or delay in, or omission of, any Information or message or non-performance or interruption in such Information or message, due either to any negligent act or omission by Turkuazkarbon.com, to any "force majeure" or to any other cause beyond our reasonable control. While Turkuazkarbon.com uses reasonable efforts to obtain Information from reliable sources, we make no representations or warranties as to the accuracy, reliability or completeness of any Information on this Site. Information, opinions and any other contents of this Site are subject to change without notice.
Hyperlinks
This Site may provide links to certain web sites sponsored and maintained by third parties. Such web sites are publicly available and Turkuazkarbon.com is providing access to such web sites through this Site solely as a convenience to you. The content of other web sites, services, goods or advertisements that may be linked to this Site is not maintained or controlled by Turkuazkarbon.com, and Turkuazkarbon.com makes no representations or warranties concerning the content of such web sites and the fact that access to such web sites is provided does not constitute any endorsement, authorization or sponsorship of such web sites or their sponsors by Turkuazkarbon.com nor is there any affiliation between Turkuazkarbon.com and such sponsors and such sponsors do not endorse, authorize or sponsor this Site. Moreover, Turkuazkarbon.com is in no way responsible for the availability, content or accuracy of other web sites, services or goods that may be linked to, or advertised on, the web site and does not make any warranty, express or implied, with respect to the use of the links provided on, or to, the web site, or guarantee the accuracy, completeness, usefulness or adequacy of any other web sites, services, goods or advertisements that may be linked to the Site. You understand and agree that you will use or rely on such web sites solely at your own risk and that Turkuazkarbon.com does not grant to you any rights in respect of such web sites.
Market Data
You agree that:
•we own the rights to all Market Data we supply;
•we do not guarantee the timeliness, sequence, accuracy or completeness of Market Data or other messages that we may disseminate;
•we are not liable to you or to any other person for any loss or damage arising from inaccuracies, errors, omissions, delays, interruptions or non-performance due to any negligent act or omission by us or to any other cause beyond our reasonable control;
•we shall not be held liable for any discontinuance in the provision of Market Data or for any change in the manner of distribution for any reason;
•Market Data is made available for your own personal use and you are prohibited from furnishing it to any other person or entity;
•we may terminate your receipt of any or all Market Data at any time; and
•Market Data posted by Turkuazkarbon.com and any transaction to which a Turkuazkarbon.com Registered Member is a party is confidential and proprietary information and you shall not in any way disclose this Market Data to any third party other than those with whom you have a confidential or fiduciary relationship and shall be used, in all instances, solely for your internal business purposes.
Proprietary Information & Copyright
All present and future rights in and to trade secrets, trademarks, service marks, copyrights, patents and other proprietary rights under the laws of any domestic or foreign governmental authority (the "Intellectual Property Rights") shall at all times be and remain the sole and exclusive property of Turkuazkarbon.com. Except as specifically permitted by these terms and conditions, you shall not use the Intellectual Property Rights or the Site, or any derivations thereof, for any purpose, without Turkuazkarbon.com's prior written approval. You agree to protect the proprietary rights of Turkuazkarbon.com and all others having rights in the Site and to comply with all reasonable written requests made by Turkuazkarbon.com or its suppliers of content or otherwise ("Suppliers") to protect their and others' contractual, statutory and common law rights in the Site. You agree to provide Turkuazkarbon.com with prompt written notice of any unauthorized access or use of the Site by any party or of any claim that the Site infringes upon any copyright, trademark or other contractual, statutory or common law rights.
You acknowledge and agree that the contents of our Site are protected by applicable copyright law and that you do not have permission to copy, distribute, modify, post or frame any text, graphics, video, audio, software, user interface, design or logos contained on our Site. Turkuazkarbon.com owns and maintains this Site. The trademarks, logos and service marks displayed on this Site are registered trademarks of Turkuazkarbon.com and others. Nothing on this Site shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any image, trademark, logo or service mark on the Site. No act of downloading or otherwise copying from this Site will transfer title to any software or material on this Site to you. Anything that you transmit to this Site or Information becomes the property of Turkuazkarbon.com, may be used by Turkuazkarbon.com for any lawful purpose and is further subject to disclosure as deemed appropriate by Turkuazkarbon.com including to any legal or regulatory authority to which Turkuazkarbon.com is subject to be in compliance with or subject to a request by same. Turkuazkarbon.com reserves all rights with respect to copyright and trademark ownership of all material on this Site and Information, and will enforce such rights to the full extent of the law.
Copyright Infringement & Designation of Agent
Turkuazkarbon.com respects the intellectual property rights of others and requires those that visit our Site to do the same. Turkuazkarbon.com may, in appropriate circumstances and at its discretion, remove or disable access to material on its Site that infringes upon the copyright rights of others. Turkuazkarbon.com also may, at its discretion, remove or disable links or references to an on-line location that contains infringing material or infringing activity.
If you believe that your work has been used on our Site in any manner that constitutes copyright infringement, please notify Turkuazkarbon.com's copyright agent by written notice or by e-mail. The notice should include the following information:
•an electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
•a description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
•identification of the location on our Site of the material you claim has been infringed, or the link or reference to another web site that contains the material you claim has been infringed;
•your name, address, telephone number and e-mail address;
•a statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
•a statement by you, under penalty of perjury, that the information in this notification is accurate and that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
Turkuazkarbon.com’s copyright agent can be reached by sending an e-mail to: info@turkuazkarbon.com
Indemnity
You agree to indemnify, hold harmless, and defend at you own cost Turkuazkarbon.com and its officers, directors, employees, agents, successors, and assigns from and against any liability, claim, loss or damage (including attorney's fees and other expenses) arising out of, or in connection with, any inaccuracy of a representation or breach of a warranty or covenant made by you herein.
Severability
Should any provision of these terms and conditions be held by a court of law to be illegal, invalid or unenforceable, the legality, validity, and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby. The failure of any party to enforce any of the terms or conditions, unless waived in writing, shall not constitute a waiver of that party's right to enforce each and every term and condition herein. Any prior agreements between you and Turkuazkarbon.com shall remain in full force and effect. In the event that there are conflicts between such prior agreements and these terms and conditions, these terms and conditions shall control.
Disputes & Notice
These terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of Turkey. Each party hereto submits to the jurisdiction of Turkish Courts in Ankara for the enforcement of these terms and conditions and agrees to service of process by mail.
No Representations
The Site is designed for sophisticated individuals and institutions. Notwithstanding the foregoing, Turkuazkarbon.com makes no representation or warranty with respect to the authentication, eligibility or qualification of any User (including Registered Members) or Marketing Partner. Determination of the eligibility, qualification or creditworthiness of any User (including Registered Members), or Marketing Partner is the responsibility of the Users entering into any request, order, trade or transaction.
I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ AND REVIEWED ALL OF THE TERMS AND CONDITIONS ABOVE AND I AND ANY PERSON AUTHORIZED TO ACT ON BEHALF OF THE USER HEREBY UNDERSTAND AND CONSENT TO ALL OF THESE TERMS AND CONDITIONS.
Posted and Effective: 01.00 a.m. (GMT time) December 6, 2009
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