General Terms and Conditions

These are the general terms and conditions of ArtPerPixel a limited liability company , that trades under the trade name ‘Botonom’ (“Botonom”), and has its registered office at the Etimesgut , Ankara, Turkey. The following terms and conditions describe under which conditions you (“User”) are entitled and able to use the offered services on Botonom.com. By registering yourself, you accept the following Terms and Conditions. If you have any questions regarding these Terms and Conditions, you can contact us by using the contact form.

1. General
   1. Botonom reserves the right to modify these Terms and Conditions at any time. In the event the Terms and Conditions are modified, the User shall be notified not later than two (2) weeks in advance through the general e-mail address registered in your account. In the event the User has not objected against the modification within two (2) weeks after the notification, the Terms and Conditions shall be considered to be accepted by User. In the event the User does not accept the modified Terms and Conditions, Botonom will reserve the right to cancel the account.
   2. These Terms and Conditions apply to all offered services and in the context of the offered services: offers, tenders and agreements by and between Botonom and User.
   3. Any deviations from these Terms and Conditions are only valid if agreed upon explicitly in writing.
   4. The applicability of any purchase, delivery or other conditions of User are expressly rejected. By completing the registration form User expressly agrees to these Terms and Conditions.
2. Services/Price
   1. All prices referred to herein are, unless otherwise agreed, excluding VAT and other government levies, as well as any other costs incurred in the execution of an agreement, including shipment, administration and operation costs.
   2. Botonom can not be held to its offers if the User could reasonably understand that the offer or tender or a part thereof contains obvious mistake(s) or error(s).
   3. Botonom reserves the right to change prices in its sole discretion. In the event prices are subject to change, such change shall at any time be mentioned on the website of Botonom.
   4. Botonom shall not be liable for any short-term or long-term interruption of the data transmission to the mobile phone of the User/receiver. Botonom expressly does not guarantee that an message is always received properly and on time and does not guarantee the complete and permanent availability of all services.
   5. All periods and dates specified by Botonom are target dates, unless expressly agreed otherwise in writing. Botonom will only be in default after having been given a notice of default in writing and after being granted a reasonable recovery period. Botonom is entitled to have certain proceedings or services carried out by third parties.
   6. All payments to Botonom must be made within 14 days after the invoice date, in a manner specified by Botonom and in the same currency as the invoice.
   7. Objections to the amount of the invoices shall not suspend the payment obligation.
   8. User is not entitled to set off any (alleged) counterclaims on Botonom against invoices of Botonom.
   9. If User fails to pay within the aforementioned period of 14 days, then User is in default by operation of law.
3. User’s Obligations
   1. User is fully responsible for the content of messages sent by User, customers of the User or a third party at the request of the User. User indemnifies and holds Botonom harmless for damages resulting from the content of sent messages.
   2. User will not send messages which include content or expressions that harms or can harm the interests of Botonom or its advertisers.
   3. User will not in any way make use of the services of Botonom for utterances which are; unlawful, pornographic, abusive, racist, discriminatory, inflammatory and/or illegal in any way, which shall be determined at the sole discretion of Botonom. User guarantees that the use of Botonom’s services by him, will in no way infringe upon the rights of third parties.
   4. Botonom is entitled to view – electronic or otherwise – any messages (sent or to be sent) from User, in order to see whether the content meets or does not infringe the provisions of this article.
   5. Botonom is authorized to suspend the performance of its obligations or terminate a contract if User does not (fully) fulfil his obligations. Furthermore Botonom and User are entitled to terminate (or have terminated) a contract for the supply of services if the other party is in suspension of payments, files for bankruptcy or is declared to be in a state of bankruptcy. If at the time of termination/cancellation, the User has already received any performance of the services, such services and related payments will not be subject to cancellation. Amounts in respect of already performed services - invoiced before the termination - will be immediately due and payable at the moment of termination. Without prejudice to its other rights, Botonom is among other reasons entitled to terminate the agreement with immediate effect when:
      1. User fails in the performance of his/her obligations, or is in violation of the terms of the Agreement;
      2. Botonom considers the User’s medium might be contrary to public order or morality, or could in any way be considered to be offensive or violent; and/or
      3. Botonom and/or it’s interest could in any way be harmed by the acts of the User.
   6. Complaints with regard to performed services, should be reported by means of a written notice by the user to Botonom within 8 days as of the date of discovery. The notice must contain a description of the failure as detailed as possible, so Botonom is able to respond adequately. If a complaint is legitimate, Botonom will perform its service (again), unless such performance demonstrably does not longer serve the User’s interest. The latter should be expressed in writing by the User.
   7. User is not allowed to use Botonom’s services for actions and/or behaviours that are in breach of or contrary to applicable laws, netiquette, the guidelines of the Advertising Code Committee, the agreement or these Terms and Conditions. This includes, but is not limited to, the following actions and behaviours: 1. spamming: sending unsolicited bulk e-mails with the same content and/or posting a message with the same content in large numbers of newsgroups on the Internet; 2. violating copyright works or any other conduct which violates the intellectual property rights of third parties; 3. deception of others; 4. abusing the texts, logos, or the information from Botonom; 5. offering products or services that are not User’s, without the consent of the rightful owner; 6. offering products or services which are not legal under Turkish law.
4. Terms of Payment
   1. User shall be due a fee (as determined by Botonom) per message. Payment, if applicable plus VAT, will be made in the manner specified by Botonom
   2. Botonom works based on prepaid (prepayment). User buys more visitor per day (VPD) and can use the purchased extra visitor per day after payment.
   3. No rights can be derived from the VPD. Any remaining VPD at the end of the contract will be cancelled as a result of the termination, this without an obligation for Botonom to refund.
5. General Liability
   1. Botonom is never liable for any damages suffered by the User as a result of a failure in the performance of the agreement, unless in the event of gross negligence or wilful misconduct of Botonom.
   2. If Botonom is liable for any damages whatsoever, such liability is limited to what is provided for in these Terms and Conditions.
   3. Besides the cases mentioned in this article, Botonom shall not be liable for damages, regardless of the grounds on which an action for damages will be based.
   4. Botonom is never liable for indirect damage, also including consequential damage, lost profits, lost data, lost savings and damages due to business stagnation.
   5. Botonom is committed to safely transferring User’s data. Botonom, however, does not guarantee the complete security of such data. The use of Botonom’s services is, with regard to the security of data, at User’s own risk.
   6. User indemnifies Botonom for any and all claims by third parties concerning intellectual property rights on material or data provided by the User made available by the User, for the performance of the services. User also indemnifies Botonom for other possible claims by third parties who suffer damages in connection with the performance of the services and which are attributable to the User.
6. Privacy
   1. Botonom will not use data from the User for purposes other than the provision of services and will not sell such data to a third party.
   2. Botonom will not disclose any personal information of Users, if explicit consent is not granted or in the exceptional circumstance that such information is required for legal purposes.
   3. Botonom will comply with the applicable Turkish regulations regarding privacy. In case there is a legal obligation Botonom will present data from User to third parties.
   4. The information within Botonom’s storage is password protected so that only the User has access to the User's personal and account information. The username and password supplied by Botonom to User are strictly personal and should be kept secret. User is responsible for the abuse of the username/password and shall immediately notify Botonom of any loss, theft and/or abuse.
   5. Botonom takes several measures to keep her and your data as secure as possible, but Botonom can not guarantee the safety of the data. The measures Botonom takes in that context shall include (but not exclusively):
      1. Time restricted access to sensitive components;
      2. Two-factor authentication for sensitive components;
      3. Employee access to data on a need-to-know basis;
      4. Four eyes principle for several data including financial data;
      5. Extensive logging and monitoring (internal & external);
      6. Outsourcing policy with a confidentiality agreement;
      7. Data retention policy;
7. Miscellaneous

   If the agreement, for whatever reason, has been terminated, Botonom has the right to block the access to the User’s account.

8. Turkish Law

   To any agreement concluded by Botonom, Turkish law is applicable. Any disputes arising from or related to the obligations resulting from the agreement concluded between the parties, will be exclusively submitted to the court in Turkey.