TERMS AND CONDITIONS
WHAT IS KÜLTÜR MÜZİK AND BACH CAFE DIGITAL
“Kültür Müzik" located Kültür Mah. Vişne Çıkmazı Sok. 9 / Besiktas Istanbul - Turkey is Emir Refik Gamsızoglu’s company. Bach Cafe Digital is a web-based application (Progressive Web App) created for the sale, presentation and use of the content produced, represented or mediated by the company of Emir Refik Gamsızoğlu named Kültür Müzik. These terms and conditions constitute a contract ("Agreement") between the user and Kültür Müzik. Please read the Agreement carefully. Click "I Agree" to confirm your understanding and acceptance.
A. INTRODUCTION OF OUR SERVICES
Your use of Kültür Müzik services ("Services", application) from which you can purchase and obtain content, and other in-app services (collectively "Content" audio recording, text, video recording) is subject to this Agreement. Content can be offered by Kültür Müzik through the Services. Our services and content are made available to you in your country of residence ("Your Country of Residence"). By creating an account to use the services in a specific country, you designate it as your Home Country. Our services are offered in the English language for international use, for Turkey in Turkish. Content purchased on your account can not be used when switching from Turkish to English. Content can also be purchased from the International accounts available in Turkey accounts. To use our services, you need compatible hardware, software (the latest version is recommended and sometimes required) and Internet access (fees may apply). The performance of our services can be affected by these factors.
B. USING OUR SERVICES
B.1. PAYMENTS, TAXES AND CHANGING CONTENT
You may obtain Content on our Services for free or for a fee, and in both cases this is referred to as the "Transaction". Each Transaction is an electronic contract between you and Kültür Müzik. Kültür Music will charge your payment method (eg your credit card or debit card) for paid Transactions including applicable taxes. If for any reason your selected payment method is unavailable (due to expiry date or insufficient balance), you will continue to be responsible for all uncollectible amounts, and if you change your payment method information, these amounts will be retracted from the payment method. In accordance with local laws, if such information is provided by your financial institution, Kültür Müzik may update the information regarding your chosen payment method. Your transactions are billed by Kültür Müzik. All Transactions are final. Content fees are subject to change at any time. If technical problems prevent or unreasonably delay the delivery of the Content, your exclusive and only solution is to replace the Content with a new one, as decided by Kültür Müzik.
A Kültür Müzik Account is required to use our Services and access your Content. Kültür Müzik Account is the account you use in Bach Cafe Digital's system. Your account is valuable and it is your responsibility to maintain its privacy and security. Kültür Müzik is not responsible for any loss resulting from unauthorized use of your account. If you suspect that your account privacy has been compromised, please contact Kültür Müzik. You can use the My Account page in the Menu to manage your account information at any time. When you want to change the e-mail address you have opened your account on, you must confirm your new e-mail address by clicking the link in the confirmation message we will send to your new e-mail.
To create an account and use our Services, you must be 13 years old (or the equivalent minimum age in your Country of Residence as stipulated during the registration process). Culture Music accounts of persons under this age can be created by a parent or legal guardian.
To cancel your account, you must make a request from Kültür Müzik. Kültür Müzik will send you a warning e-mail. If you approve this e-mail, your account will be canceled. If your account is canceled, you will not be able to access the Content you have purchased.
The sales made are final. Content can be used through the platform account. If the user cancels his account, he cannot use the products / content purchased.
B.4. SERVICE AND CONTENT USAGE RULES
- You may use the Services and Content for personal and non-commercial purposes only.
- The delivery of the Service or Content of Kültür Müzik does not transfer any commercial or promotional usage rights to the user or does not mean that the rights of the copyright holders are given or waived.
- You can use Content on up to three different devices with your Kültür Müzik Account. If you want to use your Kültür Müzik Account on a device other than the three registered devices, it is mandatory to delete the application on a device specified by the user from three available devices. With the device where you deleted your Kültür Müzik Account, you cannot use the Kültür Müzik Service and Content again.
- Changing play counts, downloads, ratings, or reviews in any way (e.g. (i) using robots, scripts or automated processing; or (ii) giving or accepting payments or incentives of any kind) is prohibited.
- Once downloaded, you can delete the content from your device and download it again whenever you want. See the options on the My Account page to temporarily delete downloaded content from your device.
- You may not illegally change or block the security technologies included in the services.
- You can only access our services by using the software of Kültür Müzik and you cannot change the software in question or use its modified versions.
Audio and Video Content Sales:
- You can use Digital Rights Management (DRM) free Content and DRM protected Content on three compatible devices that you own or control.
The purchased audio and video Content may not be reproduced or distributed in any way. Content and Services offered by Kültür Müzik cannot be used outside of Bach Cafe Digital software.
The Amount of Content You Can Download may be limited, and some downloaded Content may expire after a period of time after it is downloaded or played for the first time. Some Content may not be available for download. You may be able to re-download ("Re-Download") Content you have previously acquired on three devices ("Associated Devices") that you signed in with the same Kültür Müzik Account. Redownload is possible for Content that you previously purchased but is no longer available for sale on our services.
B.6. CONTENT AND SERVICE AVAILABILITY
The terms in this Agreement regarding Services, Content types, features, or functionality not available in your Country of Residence will not apply to you unless and until the Services are made available to you. Inappropriate content for children under the age of 13 is indicated in the information fields and related texts. It is your responsibility to heed the warnings.
Kültür Müzik is responsible for providing technical support. For technical support, you can obtain information from the following address: https://bachcafe.com/tr/page/Iletisim
except for cases prescribed in the following paragraph clearly the relationship between this Agreement and Kültür Müzik will be managed by users with the laws of the Republic of Turkey. The User and Kültür Music will first go to the mediator to resolve the disputes or claims arising from this Agreement. If the dispute cannot be resolved in the mediator, the courts in Çağlayan, Istanbul are in charge and authorized. Turkish Law will be applied in the resolution of the dispute.
D. ADDITIONAL TERMS FOR CERTAIN CONTENT OBTAINED BY THIRD PARTIES
E. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
E.1. AMENDMENTS TO THE AGREEMENT
Kültür Müzik reserves the right to change this Agreement at any time and to add new or additional terms and conditions regarding your use of the Services. Such changes and additional terms and conditions are effective immediately and are incorporated into this Agreement. Your continued use of the services is deemed to be your acceptance of the above.
E.2. INTELLECTUAL PROPERTY
The Services, including but not limited to Content, graphics, user interface, sound clips, video clips, commands and software used to implement the Publisher Content and Services, may contain proprietary information and material owned by Kültür Müzik and / or its licensors, and copyright. It is deemed by the user to be protected by applicable intellectual property laws and other laws, including but not limited to. The user agrees that the information or materials regarding the said intellectual property will not be used except for personal and non-commercial use of the Services in accordance with this Agreement. No part of the Services may be reproduced in any form or manner, except as expressly permitted by this Agreement. The User undertakes not to change, rent, lend, sell or distribute the Services or Content in any way and cannot benefit from the Services unless expressly authorized by Kültür Müzik.
Kültür Müzik name, Kültür Müzik logo, Kültür Yapım name, Kültür Yapım logo, Bach Cafe name, Bach Café logo, trademarks, service marks, Services of the graphics used in conjunction with, and logos, Culture Republic of Turkey's Music and other countries worldwide are trademarks. No rights or licenses are granted to users under the above mentioned trademarks.
Unless otherwise stated, the Services and Content provided by Kültür Müzik are under copyright protection of © Kültür Müzik. If you believe that any Content provided through the Services infringes an alleged copyright by you, please contact Kültür Müzik.
F. TERMINATION AND TEMPORARY STOPPING OF THE SERVICES
If you do not comply with the provisions of this Agreement or if Kültür Müzik suspects that you are not complying with, Kültür Müzik may terminate this Agreement and / or your Kültür Müzik Account without notifying you: (i) your liability will continue for all amounts due under your Kültür Müzik Account until the termination date and / or (ii) terminate your license to the software and / or (iii) prevent you from accessing the Services.
Furthermore, Kültür Müzik reserves the right to change, temporarily suspend or terminate the Services (or any part thereof or their Content) at any time, with or without notice to you, and when Kültür Müzik realizes its rights, it will notify you or third parties. will not be liable to you.
F.1. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
KÜLTÜR MÜZİK DOES NOT WARRANT, REPRESENT OR REPRESENTS THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. KÜLTÜR MUSIC MAY DISCONNECT THE SERVICES, CANCEL THE SERVICES AT ANY TIME, OR OTHERWISE ACCESS TO THE SERVICES WITHOUT NOTIFICATION TO USERS AT VARIOUS TIMES.
USER EXPRESSLY ACKNOWLEDGES THAT THE ENTIRE RISK OF USING OR INABILITY TO USE THE SERVICES OR ANY ACTIVITIES CONNECTED WITH THE SERVICES IS AT THE USER. THE SERVICES AND ALL CONTENT PROVIDED TO THE USER THROUGH THE SERVICES ARE WITHOUT WARRANTIES OF ANY EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED ". EXCEPT FOR STATES) PROVIDED.
EVEN IF THEY HAVE BEEN AWARE OF THE POSSIBILITY OF THEM; CULTURAL MUSIC, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, INTERMEDIATES, CONTRACTORS OR LICENSORS, PUBLISHED THROUGH THE SERVICES, TRANSMITTED OR OTHERWISE THE USE OF THE CONTENTS AS ANY OF THE CONTENTS THAT SHOULD BE PROVIDED BY ANY OF THE CONSUMPTIONS. INCLUDING, BUT NOT LIMITED TO, THE DAMAGE, ANY REQUESTS OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR THE SERVICES ARE DIRECT, INDIRECT, INCIDENTAL, EXCLUSIVE, EXCLUSIVE OR EXCLUSIVE.
KÜLTÜR MÜZİK, THE SERVICES IN CONJUNCTION WITH SENDING INFORMATION TO PROTECT TO REASONABLE EFFORTS TO SHOWS, BUT SUCH INFORMATION BY USER'S ENTIRE LIABILITY REGARDING THE SENDING THE USER OF THE ACCEPTED AND KÜLTÜR MÜZİK OF SUCH INFORMATION WITH NO WAY IS NOT RESPONSIBLE FOR LIABILITY OR NEGLIGENCE LOSS AGAINST PEOPLE.
KÜLTÜR MÜZİK IS NOT RESPONSIBLE FOR LOSS OF THE SERVICES, DEFECTIVES, ATTACKS, VIRUSES, INTERVENTIONS, COMPUTER HIRACY OR UNAUTHORIZED ACCESS TO OTHER SECURITY.
CONTENTS WILL TAKE SPACE ON YOUR DEVICE. IT IS YOUR RESPONSIBILITY TO PROVIDE YOUR DEVICE TO REACH THE CONTENT YOU HAVE PURCHASED.
KÜLTÜR MÜZİK IS NOT RESPONSIBLE FOR DATA CHARGES THAT MAY BE REFLECTED TO THE USER IN CONNECTION WITH YOUR USE OF THE SERVICES.
G.WAIVER AND INDEMNITY
USERS, BY USING THE SERVICE, TO THE EXTENT PERMITTED BY LAW, THIS AGREEMENT VIOLATIONS that, SUPPORT FROM THE USE OR CULTURAL MUSIC OF THIS AGREEMENT suspected violations of the investigation by the AS PART OF THE KÜLTÜR MÜZİK OFFERED FROM CLAIMS OR RELATED that VIOLATION OF THIS AGREEMENT KÜLTÜR MÜZİK RESULTS OR THE RESULT OF THE DECISION WILL NOT BE RESPONSIBLE IN ANY WAY OF KÜLTÜR MÜZİK, ITS MANAGERS, OFFICIALS, EMPLOYEES, AFFILIATES, INTERMEDIATES, CONTRACTORS AND LICENSORS.
INFORMATION OR CONTENT OF LIFTING OR HANDLING OF REFUSAL USERS alert, TEMPORARY your ACCESS THE SERVICES TO STOP OR TERMINATION OR suspected violations of the investigation DURING THE RESULT OF PRESENCE IN OTHER TRANSACTIONS IN OR CULTURAL MUSIC THIS THAT THE AGREEMENT VIOLATION OF THE DECISION AS A RESULT OF KÜLTÜR MÜZİK ' THE USER SHALL NOT SUIT YOUR MANAGERS, OFFICIALS, EMPLOYEES, AFFILIATES, INTERMEDIATES, CONTRACTORS AND LICENSORS, OR REQUEST COMPENSATION FOR DAMAGES FROM THEM. THIS DISCLAIMER AND INDEMNITY PROVISION APPLY TO ALL VIOLATIONS DESCRIBED IN THIS CONTRACT OR INTENDED BY THIS AGREEMENT.
except for cases prescribed in the following paragraph clearly the relationship between this Agreement and KÜLTÜR MÜZİK will be managed by users with the laws of the Republic of Turkey. The User and KÜLTÜR MÜZİK will first go to the mediator to resolve the disputes or claims arising from this Agreement. If the dispute cannot be resolved in the mediator, the courts in Çağlayan, Istanbul are in charge and authorized. Turkish Law will be applied in the resolution of the dispute.
This Agreement constitutes the entire agreement between the user and Kültür Müzik and manages your use of the Services by repealing all previous agreements between the user and Kültür Müzik regarding the subject of this Agreement. You may also be subject to additional terms and conditions that may apply when using additional services such as affiliate services, third party content, third party software. If any part of this Agreement is found to be invalid or unenforceable, that part will be interpreted in accordance with applicable law to reflect, as far as possible, the original intentions of the parties, and the remaining parts remain in effect. The failure of Kültür Müzik to enforce the rights or provisions in this Agreement does not mean that it waives from the said provisions or other provisions. KÜLTÜR MÜZİK will not be liable if it fails to fulfill its obligations for reasons beyond its control. The user agrees to comply with all laws, decrees, statutes and regulations that apply to the use of the services. Use of the Services may be subject to other laws. The risk of loss due to electronically delivered Transactions passes to the buyer with the electronic delivery.
Kültür Müzik may notify you about the services by sending a letter to your e-mail address, or by sending a letter to your postal address or posting on the Services. Notifications take effect immediately. Kültür Müzik may also contact you via e-mail or push notifications to send you additional information about the Services.
You hereby grant KÜLTÜR MÜZİK the right to take measures that it reasonably believes to be necessary or appropriate in order to ensure compliance with any part of this Agreement and / or to verify compliance. In legal processes regarding any part of this Agreement (Kültür Music's use of the Services and / or Content and / or third parties' use of the Services and / or Content is illegal and / or violates the rights of the said third party, Kültür Müzik (including but not limited to the right to cooperate)) if it reasonably believes that it is necessary or appropriate to ensure and / or verify compliance, KÜLTÜR MÜZİK will send the data and / or information to execution institutions, officials and / or You acknowledge that you have the right to disclose to third parties.
Children under the age of 18 should review this Agreement with their parents or legal guardians to ensure that the child understands this Agreement.
Last Updated: January 5, 2021