Welcome to Daity, operated by Dogan Arge Faaliyetleri ve Teknoloji Sistemleri Ticaret Anonim Sirketi (“us,” “we,” the “Company” or “Daity”)
Notice to california subscribers:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the second day following the date you subscribed.
If you subscribed using your Apple ID, refunds are handled by Apple, not Daity.
If you wish to request a refund, please visit https://getsupport.apple.com.
By creating a Daity account or by using the Daity application (“Daity”), whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by
Safety Tips, each of which is incorporated by reference into this Agreement, and
any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”).
If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
GDPR PERMISSIONS TO USERS:
In the following statement the terms “data”, “personal data”, “data controller”, “data processor” and “processing” have the same meaning as set out in the Data Protection Act 1998 which is upgraded at 25th MAY 2018.
The new GDPR policy is providing so many facilities and advantage the users of within and outside of the EU. Like
You have the right to request to access your personal data.
You have right to request correction of your personal data.
You have right to request erasure of your personal data.
You have right to request transfer of your personal data.
You have right to request restriction of processing your personal data.
In the following statement the terms “data”, “personal data”, “data controller”, “data processor” and “processing” have the same meaning as set out in the Data Protection Act 1998 which is upgraded at 25th MAY 2018.
We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices.
The most recent version of this Agreement will be posted on the Services under Settings and it under the users’ responsibility to check regularly for the most recent version.
The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Services or via email. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement.
You must be at least 18 years of age to create an account on Daity and use the Service. By creating an account and using the Service, you represent and warrant that:
You can form a binding contract with Daity,
You are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction–meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition,
You will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
You have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
YOUR ACCOUNT INFORMATION:
In order to use Daity, you may sign in using your Facebook or personal email login. If you do so, you authorize us to access and use certain Facebook account and including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Daity users.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Daity, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@goDaity.com.
MODIFYING THE SERVICES
We may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them.
We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.
You may terminate your account at any time, for any reason, by following the instructions in “Settings” in the Service, however you will need to manage your in-app purchases through your mobile device platform (e.g., iTunes).
Daity may terminate your account at any time without notice if it believes that you have violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Daity: Section 5, Section 6, and Sections 13 through 20.
YOUR INTERACTIONS WITH OTHER USERS.
Though Daity strives to encourage a respectful user experience. It is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information, home or work address, mobile number and etc), or wire or otherwise send money, to other users.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT DAITY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. DAITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. DAITY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
Daity grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sub licensable license to access and use the Services. This license is for the sole purpose of letting you use and enjoy the Services’ benefits as intended by Daity and permitted by this Agreement. Therefore, you agree not to:
Use the Service or any content contained in the Service for any commercial purposes without our written consent.
Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without Daity’s prior written consent.
express or imply that any statements you make are endorsed by Daity.
use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
use the Services in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
upload viruses or other malicious code or otherwise compromise the security of the Services.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
“frame” or “mirror” any part of the Service without Daity’s prior written authorization.
use meta tags or code or other devices containing any reference to Daity or the Service (or any trademark, trade name, service mark, logo or slogan of Daity) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
use or develop any third-party applications that interact with the Services or other users’ Content or information without our written consent.
use, access, or publish the Daity application programming interface without our written consent.
probe, scan or test the vulnerability of our Services or any system or network.
encourage or promote any activity that violates this Agreement.
The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
By creating an account, you grant to Daity a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”).
Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones.
You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Daity users).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Daity above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.
In consideration for Daity allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to Daity regarding our Services, you agree that Daity may use and share such feedback for any purpose without compensating you.
You agree that Daity may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
comply with legal process;
enforce this Agreement;
respond to claims that any Content violates the rights of third parties;
respond to your requests for customer service; or
protect the rights, property or personal safety of the Company or any other person.\
By using the Services, you agree that YOU WILL NOT:
use the Service for any purpose that is illegal or prohibited by this Agreement.
spam, solicit money from or defraud any users.
Impersonate any person or entity or post any images of another person without his or her permission.
bully, “stalk,” intimidate, harass or defame any person.
post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
use another user’s account.
create another account if we have already terminated your account, unless you have our permission.
Daity reserves the right to investigate and/ or terminate your account without any refund of any purchases if you have misused the Service or behaved in a way that Daity regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service.
OTHER USERS’ CONTENT SAFTY.
Although Daity reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Daity cannot guarantee that all Content will comply with this Agreement.
If you see Content on the Services that violates this Agreement, please report it within the Services or via help@goDaity.com.
In App Purchases.
The Application is available on the Apple. It can be downloaded free-of-charge from the Apple App Store, on iPhones running version iOS 6 or higher, Android Smartphones running version 4.1 or higher.
From time to time, Daity may offer products and services for purchase (“in app purchases”) through iTunes.
If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account.
Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in-app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the Daity application from your device. Deleting your account on Daity or deleting the Daity application from your device does not cancel your subscription; Daity will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.
Some of DAITY services are available on the Application free of charge (apart from connection and telecommunications costs), Unlimited and confidential viewing of other Members' profiles Confidentially blocking all Members whose conduct justifies such an action Confidentially reporting all Members whose conduct is
contrary to the applicable law,
configuring his or her search criteria,
Receiving notifications, Inviting friends,
Consulting the FAQ and tutorials,
Finding out how many messages he or she has received,
Completing his or her profile,
Charged services provided via the Application are available to Members by purchasing a membership either Premium or VIP.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may (or may not) make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area, in accordance with local law, you are entitled to a full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
For Daity Plus subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:
You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Daity) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.
request a refund:
If you subscribed using your Apple ID, refunds are handled by Apple, not Daity. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide us with the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to help@goDaity.com or via mail to the following address:
Dogan Arge Faaliyetleri ve Teknoloji Sistemleri Ticaret Anonim Sirketi
Kasustu Mahallesi Devlet Karayolu Cad. No: 53/302
Daity WILL TERMINATE THE ACCOUNTS OF REPEAT INFRINGERS.
DAITY PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DAITY DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE ACCURATE.
DAITY TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
Not sharing your information without permission:
Daity are taking more and more steps to secure our user’s information and personal details. We will not share your contact, personal information to linked websites without your permission. But we may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
Avoid to inappropriately lost, misused, accessed, disclosed, altered or destroyed.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
Acquired or merged with another company:
If our website acquired or merged with other person or third party, your information may be transferred to the new owners so that we may continue to help you in content providing and writing.
THIRD PARTY SERVICES.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Daity is not responsible for the availability (or lack of availability) of such external websites or resources.
If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Daity is not responsible or liable for such third parties’ terms or actions.
LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL DAITY, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICES; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF DAITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL DAITY’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO DAITY FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
ARBITRATION, CLASS-ACTION WAIVER, AND JURY WAIVER.
Except for users residing within the EU or European Economic Area and elsewhere where prohibited by applicable law:
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the Singapore International Arbitration Center.
The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against the Company in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute.
You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings.
Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the state courts located in Singapore. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of Singapore without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Singapore International Arbitration Centre.
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. Daity does not take part in dispute settlement procedures in front of a consumer arbitration entity for users residing in the EU or European Economic Area.
For users residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of Turkey will apply to any disputes arising out of or relating to this Agreement or the Services. For the avoidance of doubt, the choice of Turkey governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Daity are working on improvements for providing excellent quality services and contents according to new GDPR law. Our rules and condition based on the EU law and enforcement. We will take steps against criminal and illegal activity at our website through and user related country’s law and jurisdiction.
Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, all claims arising out of or relating to this Agreement or the Services will be litigated exclusively in the federal courts of Turkey and you and Daity consent to personal jurisdiction in those courts.
INDEMNITY BY YOU.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Daity, our affiliates and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Services, your Content, or your breach of this Agreement.
ENTIRE AGREEMENT; OTHER.
The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Daity account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Daity in any manner.