EFFECTIVE DATE: 13.05.2022

WEBSITE TERMS

PREAMBLE
These Website Terms and Conditions (the “Website Terms”), together with any other documents referred to herein, govern the terms and conditions under which you may use the website (the “Our Website”) and receive services provided by Us under the Service Terms and Conditions (the “Service Terms”), the text of which is available at https://www.sup-hero.com/en/service.

Note:
— Please read these Website Terms carefully and make sure you understand them.
— Your acceptance of these Website Terms is deemed to have been given when you first use Our Website.
— If you do not agree to these Website Terms and do not wish to be bound by them, you must immediately stop using Our Website.
1.
DEFINITIONS
1.1. In these Website Terms, unless the context otherwise requires, the following expressions have the following meanings:
1.1.1. “Content” means all text, images, audio, video, scripts, code, software, databases, and any other information stored on a computer that appears on or forms part of Our Website.
1.1.2. “We/Us/Our” means 3 STARS TUR. GID. İNŞ. TAŞ. PAZ. İTH. VE İHR. LIMITED ŞIRKETI (“3 STARS Ltd.”), a limited liability company registered in the Republic of Turkey under registration number (MERSİS) 0001190718700001, registered office: 07980 Republic of Turkey, Kemer/Antalya, Arslanbucak Mah. Çamarası Cad. No.:2/6.
2.
ACCESS TO OUR WEBSITE
2.1. Access to Our Website is free of charge. No part of Our Website requires any payment to be accessed or used.
2.2. Access to Our website is provided on an “as is” and “as available” basis. You are responsible for taking all steps necessary to access Our Website.
2.3. We may change, suspend or discontinue Our Website (or any part of it) at any time and without prior notice. We shall have no liability to you if Our Website (or any part of it) is unavailable at any time for any period.
3.
INTELLECTUAL PROPERTY RIGHTS
3.1. All Content posted on Our Website and the copyrights and other intellectual property rights subsisting with such Content, unless specifically stated otherwise, are owned by Us or have been licensed by Us.
3.2. All Content is protected by applicable laws and treaties of the Republic of Turkey and international intellectual property laws. All rights reserved.
3.3. You may not reproduce, copy, distribute, sell, rent, sublicense, store, or otherwise re-use Content from Our Website unless you have received the express written permission to do so from Us.
3.4. You may:
— Access, view, and use Our Website in a web browser (including any web browsing capabilities embedded in other types of software or applications),
— Download Our Website (or any part of it) for caching,
— Print pages from Our Website,
— Download extracts from pages of Our Website, as well as
— Save pages from Our Website for later viewing and/or offline viewing.
3.5. Our status as the owner and author of the Content on Our Website (or our licensors, as the case may be) shall be recognized and respected by you.
3.6. You may not use any Content stored or downloaded from Our Website for commercial purposes without first obtaining a license from Us (or Our licensors, as the case may be) to do so.
4.
LINKS TO OUR WEBSITE
4.1. You may link to Our Website provided that:
— you are doing it honestly and legally,
— you do it in a way that does not involve any form of association, encouragement, or approval on Our part, as such does not exist,
— you do not use any logos or trademarks displayed on Our Website without Our written permission, and
— you do not do so in such a way as to damage Our reputation or gain an unfair advantage from Our reputation.
4.2. You may not link to Our Website from any other site whose main content contains material that:
— are overtly sexual
— are obscene, intentionally offensive, hateful,
— promote violence
— assist or assist in any form of illegal activity,
— discriminate or in any way discredit any person, group/class of persons, race, gender, religion, nationality, disability, sexual orientation, or age,
— designed to threaten, harass, annoy, disturb, inconvenience, upset, or embarrass another person,
— may mislead another person,
— may violate (or threaten to violate) the privacy of another person,
— mislead by impersonating any other person, or otherwise misrepresent the identity or affiliation of a particular person in a manner calculated to mislead (obvious parodies are not included in this definition unless they fall under any of the other provisions of this subparagraph),
— implies any form of communication with Us where it does not exist,
— infringe or contribute to the infringement of the intellectual property rights (including but not limited to the copyright, trademark, and database rights) of any other party, or
— violate any legal obligations to third parties, including, but not limited to, contractual obligations and obligations of confidentiality.
5.
LINKS TO OTHER SITES
5.1. Our Website may contain links to other websites that are not under our control unless otherwise indicated.
5.2. We do not take responsibility for the content of third-party sites. The inclusion of a link to another site on Our Website is for information only and does not imply any endorsement of the sites themselves or those who operate them.
6.
DISCLAIMER
6.1. The Content on Our Website is not advice on which you should rely. It is provided for general information purposes only. Before taking any action related to the rental or purchase of SUP boards and accessories, we advise you to seek the advice of professionals or specialists.
6.2. We do not represent or warrant that Our Website will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
6.3. We make reasonable efforts to ensure that the Content on Our Website is complete, accurate, and up-to-date, however, we make no warranties (whether express or implied) as to the completeness, accuracy, or timeliness of the Content.
7.
OUR LIABILITY
7.1. To the maximum extent permitted by law, we shall not be liable to any user for any foreseeable or other loss or damage, in contract, tort (including negligence), for breach of statutory duty or otherwise arising out of or in connection with the use (or inability to use) Our Website or reliance on any content on Our Website.
7.2. To the maximum extent permitted by law, we are not responsible for representations or warranties (express or implied) that may apply to Our Website or Content.
7.3. If you are a commercial user, We shall not be liable for lost profits, sales or revenue, loss of business opportunity or goodwill, business interruption, or any consequential loss or damage.
7.4. We use all reasonable efforts and care to keep Our Website free of viruses and other malware. We are not responsible for any loss or damage resulting from a virus or other malware, DDoS (Distributed Denial-of-Service) attack or other harmful material or event that may adversely affect your hardware, software, data, or other materials due to your use of Our Website (including the downloading of any Content from it) or any other site to which Our Website links.
7.5. We are not responsible for the disruption or unavailability of Our Website because of external causes, including, ISP equipment failure, host equipment failure, communication network failure, natural phenomena, war, legal restrictions, and censorship.
8.
VIRUSES, MALWARE AND SECURITY
8.1. We use all reasonable efforts and care to ensure that Our Website is secure and free of viruses and other malware.
8.2. You are responsible for protecting your equipment, software, data and other materials from viruses, malware and other online security threats.
8.3. By violating the following points, you may commit a criminal offense under the Computer Misuse articles:
— You must not knowingly introduce viruses or other malware or any other material that is malicious or technologically harmful, either into or through Our Website.
You must not attempt to gain unauthorized access to any part of Our Website, the server on which Our Website is stored, or any other server, computer or database connected to Our Website.
— You must not attack Our Website by DoS, DDoS or any other means.
Any such breach by Us will be reported to the appropriate law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will terminate immediately.
9.
ACCEPTABLE USE
9.1. You may use Our Website only for lawful purposes, namely:
— You must ensure that you fully comply with all local, national, or international laws and/or regulations,
— You must not use Our Website in any way or for any purpose that is illegal or fraudulent,
— You must not use Our Website to intentionally send, download or otherwise transmit data that contains any form of virus or other malware, or any other code designed to adversely affect the computer hardware, software, or data of any kind, and
— You must not use Our Website in any way or for any purpose that is intended to harm any person or persons.
9.2. We reserve the right to suspend or terminate your access to Our Website if you violate the provisions of this clause or any other provisions of these Website Terms. In particular, We may take one or more of the following actions:
— Suspend, temporarily or permanently, your right to access Our Website,
— Issue a written warning to you,
— Bring legal action against you for the recovery of all relevant costs based on damages resulting from your violation,
— Take further legal action against you, if necessary,
— Disclose information to law enforcement authorities as necessary or as We deem reasonably necessary, and/or
— Any other action that We deem appropriate (and legal).
9.3. We hereby exclude any liability arising from any action (including but not limited to set forth above) that we may take in response to a breach of these Website Terms.
10.
PRIVACY AND COOKIES
10.1. Your use of Our Website is also subject to the Cookie Policy and Privacy Policy available at https://www.sup-hero.com/en/cookies and https://sup-hero.com/en/privacy.
10.2. The Cookies Policy and the Privacy Policy are an integral part of these Website Terms through the links provided to them.
11.
PROTECTION OF PERSONAL DATA
11.1. All personal information that we may collect will be collected, used, and stored by the Clarification Text to the GDPR/KVKK/FZ-152 available at https://www.sup-hero.com/en/gdpr.
11.2. Clarification Text to the GDPR/KVKK/FZ-152 is an integral part of these Website Terms through the link provided to it.
12.
CONTACT INFORMATION
12.1. To contact Us, email Us at suphero@3-stars.com or use any of the methods set out on Our Website page at: https://sup-hero.com/en/#contacts.
13.
MESSAGES FROM US
13.1. If we have your contact information, we may send you important email notifications from time to time.
13.2. Such notices may relate to matters including, but not limited to, notices of changes to the Website Terms.
13.3. We do not send promotional emails without your express consent to do so. If you give such consent, you can withdraw it at any time. All marketing communications sent by Us contain an unsubscribe link. If you opt-out of receiving emails from Us, it may take up to 5 business days for your new settings to take effect.
13.4. If you have any questions or complaints about communications from Us (including but not limited to marketing emails), please contact Us at suphero@3-stars.com or use any of the methods set out on Our Website page at https://sup-hero.com/en/#contacts.
14.
CHANGES TO WEBSITE TERMS
14.1. We may change these Website Terms at any time. Any such changes will become binding on you on your first use of Our Website immediately after the changes are made. Therefore, we recommend checking this page from time to time.
14.2. In the event of any conflict between the current version of these Website Terms and any previous version(s), the current and current provisions shall prevail unless expressly stated otherwise.
15.
LAW AND JURISDICTION
15.1. These Website Terms and the contractual or other relationship between you and Us shall be governed by and construed by the laws of the Republic of Turkey.
15.2. Regardless of whether you are an individual or a legal entity, any disputes relating to these Website Terms, the relationship between you and Us, or any matter arising out of or in connection with them (whether contractual or otherwise), shall be subject to the jurisdiction of the court of Kemer/Antalya.