Terms of Use

Thanks for using upagon.com. Our mission is to deepen people’s understanding of the world and spread ideas that matter.

These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications, and other online products and services (collectively, the “Services”) provided by UpAgon. By clicking your consent (e.g. “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.

Our Privacy & Cookies Policy explains how we collect and use your information while our rules outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms. Please see our Privacy & Cookies Policy for information about how we collect, use, share and otherwise process information about you.

If you have any questions about these Terms or our Services, please contact us at tech@UpAgon.com

Your Account and Responsibilities

You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.

Your use of the Services must comply with our Rules.

You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.
If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case, the words “you” or “your” in these Terms include that other person or entity.

To use our Services, you must be at least 13 years old.

If you use the Services to access, collect, or use personal information about other UpAgon users (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.

For Personal Information you provide to us (e.g. as a Newsletter Editor), you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that UpAgon’s use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.

User Content on the Services

UpAgon may review your conduct and content for compliance with these Terms and our Rules, and reserves the right to remove any violating content.

UpAgon reserves the right to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright Policy.

Rights and Ownership

You retain your rights to any content you submit, post, or display on or through the Services.
Unless otherwise agreed in writing, by submitting, posting, or displaying content on or through the Services, you grant UpAgon a nonexclusive, royalty-free, worldwide, fully-paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.

UpAgon needs this license because you own your content and UpAgon, therefore, can’t display it across its various surfaces (i.e., mobile, web) without your permission.

This type of license also is needed to distribute your content across our Services. For example, you post a story on UpAgon. It is reproduced as versions on both our website and app and distributed to multiple places within UpAgon, such as the homepage or reading lists. A modification might be that we show a snippet of your work (and not the full post) in a preview, with attribution to you. A derivative work might be a list of top authors or quotes on UpAgon that uses portions of your content, again with full attribution. This license applies to our Services only and does not grant us any permissions outside of our Services.

So long as you comply with these Terms, UpAgon gives you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.

The Services are protected by copyright, trademark, and other Turkish and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, other users’ content on the Services, or UpAgon trademarks, logos, or other brand features.

Separate and apart from the content you submit, post, or display on our Services, we welcome feedback, including any comments, ideas, and suggestions you have about our Services. We may use this feedback for any purpose, at our sole discretion, without any obligation to you. We may treat Feedback as non-confidential.

We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.
Termination

You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.

Transfer and Processing Data

For us to provide our Services, you agree that we may process, transfer and store information about you in Turkey and other countries, where you may not have the same rights and protections as you do under local law.
Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless UpAgon, and our officers, directors, agents, partners, and employees (individually and collectively, the “UpAgon Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify UpAgon Parties of any third-party Claims, cooperate with UpAgon Parties in defending such Claims and pay all fees, costs, and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the UpAgon Parties will have control of the defense or settlement, at UpAgon’s sole option, of any third-party Claims.

Disclaimers — Service is “As Is”

UpAgon aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, UpAgon doesn’t represent or warrant that our Services are accurate, complete, reliable, current, or error-free. No advice or information obtained from UpAgon or through the Services will create any warranty or representation not expressly made in this paragraph. UpAgon may provide information about third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. Your access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.

Limitation of Liability

We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud, or intentional misconduct of UpAgon or the other UpAgon Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or the breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.

Resolving Disputes; Binding Arbitration

We want to address your concerns without needing a formal legal case. Before filing a claim against UpAgon, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at tech@UpAgon.com. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim, and © set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with UpAgon and limits how you can seek relief from us unless you opt-out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.

Governing Law and Venue

These Terms and any dispute that arises between you and UpAgon will be governed by Turkish law except for its conflict of law principles. Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Amendments

We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended terms, you must stop using our Services.

Severability

If any provision or part of a provision of these Terms is unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

Miscellaneous

UpAgon’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.