Terms & Conditions
Effective Date: November 1, 2024
1. Introduction
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Welcome to the Derya website. By accessing or using our website, you agree to comply with and be bound by these
Terms
and Conditions. Please read them carefully. If you do not agree with any part of these terms, you must not use our
website.
2. Interpretation and Definitions
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Definitions for the purposes of these Terms and Conditions:
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Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for election of directors or other managing authority.
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Account refers to a unique account created for you to access our service or parts of our service.
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Country refers to: United States.
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Company (referred to as either "Company", "we", "us" or "our" in this Agreement) refers to Derya, 1926 Spearing Street, Jacksonville, FL 32206.
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Device means any device that can access the service such as a computer, a cellphone, or a digital tablet.
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Service refers to the website and any related services provided by Derya.
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Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between you and the Company regarding the use of the service.
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Third-Party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included, or made available by the service.
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Website refers to Derya, accessible from https://www.derya.us.
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You and Your refers to the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.
3. Acknowledgment
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These are the Terms and Conditions governing the use of this service and the agreement that operates between you
and the
Company regarding such use. These Terms and Conditions set out the rights and obligations of each user regarding
the use
of the service.
Please read these Terms and Conditions carefully before you use the service or our website. Your access to and
use of
the service is conditioned on your acceptance of and compliance with these Terms and Conditions. These Terms and
Conditions apply to all visitors, users, and others who access or use the service.
By accessing or using the service, you agree to be bound by these Terms and Conditions and, as noted below, the
terms of
our Privacy Policy, incorporated herein by reference, and to only use the service for lawful purposes and in
such a way
that does not violate any applicable federal, state, local, or international law or regulation (including
without
limitation any laws regarding the export of data or software to or from the US and other countries). If you
disagree
with any part of these Terms and Conditions and/or the Privacy Policy, then you must not access or otherwise use
the
service.
Additional terms and conditions may also apply to specific portions, services, or features of services and/or
the
website. All such additional terms and conditions are hereby incorporated by this reference into these Terms and
Conditions.
Your access to and use of the service is also conditioned on your acceptance of and compliance with the Privacy
Policy
of the Company currently found at https://www.derya.us/privacy-policy/. Our Privacy Policy
describes our policies and
procedures on the collection, use, and disclosure of your personal information when you use the website and
tells you
about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using
our
service.
This service is offered and available to users that are 18 years of age or older. By accessing or using this
service,
you represent that you are over the age of 18.
4. User Accounts
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To access certain portions of the service or some of the resources offered, you may be asked to provide certain
information. When you create an account with us, the information you provide must be accurate, complete, and
current at
all times. Failure to do so constitutes a breach of the Terms, which may result in suspension or immediate
termination
of your account on our service.
You agree not to disclose your password to any third party. You are responsible for safeguarding the password
that you
use to access the service and for any activities or actions under your password, whether your password is with
our
service or a third-party social media service. Use caution when accessing your account from a public or shared
computer
so that others are not able to view or record your password or other personal information. You must notify us
immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a
name or
trademark that is subject to any rights of another person or entity other than you without appropriate
authorization, or
a name that is otherwise offensive, vulgar, or obscene. We have the right to disable any user, username, or
password, in
our sole discretion for any or no reason, including but not limited to having violated these Terms and
Conditions.
All information we collect from the service is subject to our Privacy Policy currently found at
https://www.derya.us/privacy-policy/. By using the services,
you consent to all actions taken by us with respect to your
information in compliance with the Privacy Policy.
5. Intellectual Property
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The service and its original content (excluding content provided by you or other users), features, and
functionality are
and will remain the exclusive property of the Company and its licensors.
The service is protected by copyright, trademark, and other laws of both the country and foreign countries.
Our trademarks and trade dress may not be used by you in connection with any product or service without the
prior
written consent of the Company.
6. Links to Other Websites
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Our service may contain links to third-party websites or services that are not owned or controlled by the
Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices
of any
third-party websites or services. All statements and/or opinions expressed in these materials are the
responsibility of
the person or entity providing those materials. We assume no liability for any action or inaction regarding
transmissions, communications, or content provided by any user or third party. You further acknowledge and agree
that
the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be
caused by or in connection with the use of or reliance on any such content, goods, or services available on or
through
any such websites or services or for the privacy policies or practices of any third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or
services
that you visit. Access to any third-party sites or services is at your own risk and subject to the terms and
conditions
for such services.
7. Prohibited Actions
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You agree not to:
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Use the service in any manner that could disable, overburden, damage, or impair the service or interfere with any other party’s use of the service, including their ability to engage in real-time activities through the same;
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Use any robot, spider, or other automatic device, process, or means to access the service for any purpose, including monitoring or copying any of the material on the service;
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Use any manual process to monitor or copy any of the material on the service, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
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Use any device, software, or routine that interferes with the proper working of the service;
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Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
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Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the service;
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Attack the service via a denial-of-service attack or a distributed denial-of-service attack;
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Otherwise attempt to interfere with the proper working of the service.
Furthermore, you agree not to transmit any material through the service that encourages conduct that could
constitute a
criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or
international law or regulation.
In connection with any account you may set up with us, we may terminate or suspend this account for any reason,
including without limitation if you breach these Terms and Conditions. Upon termination, your right to use the
service
will cease immediately. If you wish to terminate your account, you may simply discontinue using the service.
8. Limitation of Liability
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Despite any damages you might incur related to the use of our website or services, the total liability of Derya,
its
affiliates, and their respective licensors, service providers, employees, agents, officers, or directors, under
any
provision of these Terms, is limited to the amount you have actually paid through the service or $100 if no
purchases
have been made.
To the fullest extent permitted by applicable law, Derya, its affiliates, and their respective licensors,
service
providers, employees, agents, officers, or directors shall not be liable for any indirect, incidental, special,
consequential, or punitive damages, including but not limited to loss of profits, data, or other information,
business
interruption, personal injury, or loss of privacy arising from or related to the use or inability to use the
service,
third-party software, or third-party hardware used with the service, even if advised of the possibility of such
damages.
Any claim or cause of action you may have arising out of or relating to these Terms or the website must be
commenced
within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently
barred.
Some jurisdictions do not allow the exclusion of certain warranties or limitations on liability for incidental
or
consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, each
party's
liability will be limited to the greatest extent permitted by law.
9. "As Is" and "As Available" Disclaimer
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Your use of the service or items obtained through the service is at your own risk. The service is provided on an
"as is"
and "as available" basis, without any warranties of any kind, either express or implied.
To the maximum extent permitted under applicable law, Derya, on its own behalf and on behalf of its affiliates
and their
respective licensors and service providers, expressly disclaims all warranties, whether express, implied,
statutory, or
otherwise, with respect to the service, including all implied warranties of merchantability, fitness for a
particular
purpose, title, and non-infringement, and warranties that may arise out of course of dealing, course of
performance,
usage, or trade practice. Without limiting the foregoing, Derya provides no warranty or undertaking, and makes
no
representation of any kind that the service will meet your requirements, achieve any intended results, be
compatible or
work with any other software, applications, systems, or services, or meet any performance or reliability
standards.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable
statutory
rights of a consumer, so some or all of the above exclusions and limitations may not apply to you. But in such
cases,
the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable
under
applicable law.
10. Governing Law
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These Terms and your use of the service are governed by the laws of the State of Florida, excluding its
conflicts of law
rules. Your use of the service may also be subject to other local, state, national, or international laws.
11. Dispute Resolution
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If you have any concerns or disputes about the service, you agree to first try to resolve the dispute informally
by
contacting Derya.
12. European Union (EU) Users
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If you are a European Union consumer, you will benefit from any mandatory provisions of the law of the country
in which
you are resident.
13. United States Legal Compliance
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You represent and warrant that (i) you are not located in a country that is subject to a United States
Government
embargo, or that has been designated by the United States Government as a "terrorist supporting" country, and
(ii) you
are not listed on any United States Government list of prohibited or restricted parties.
14. Severability and Waiver
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Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.
15. Changes to These Terms and Conditions
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We reserve the right, at our sole discretion, to revise, modify, update, or replace these Terms at any time. All
changes
will be effective as of the revision date provided above.
By continuing to access or use our service after those revisions become effective, you agree to be bound by the
revised
terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the service.
Please
review these Terms and Conditions from time to time so you are aware of any changes as they are binding on you.
16. Contact Us
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If you have any questions, feedback, comments, or other communications about these Terms and Conditions or the
services,
you can contact us at:
Derya
1926 Spearing Street
Jacksonville, Florida 32206
Phone: +1 (904) 420-2923
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