Terms of Use

Your use of data shared on the B40 Balkan Cities Network Portal website which is accessible at https://opendata.b40cities.org/ indicates that you accept, declare and undertake the provisions of the Personal Data Protection Law (KVKK), General Data Protection Regulation (GDPR) and other data protection standards applicable in B40 Balkan Cities Network member cities. Your right to use the data will automatically expire if you do not comply with the following terms and conditions when using the data.

I. Introduction
As a convenience to potential users, İstanbul B40 Balkan Cities Network makes a variety of datasets (“Data”) available for download through this web site. Your use of the Data is subject to these terms of use, which constitute a legal agreement between You and B40 Balkan Cities Network. This legal agreement is referred to as the “Terms of Use.”

The following Terms of Use apply to visitors to the B40 Network Open Data Portal and application developers who obtain data through this web portal. By accessing data sets and feeds available through the B40 Network Open Data Portal (or the "Web Site"), the user agrees to all of the Terms of Use as well as the Privacy Policy. The user also agrees to any additional terms of use defined by entities providing data or feeds through the Web Site.

II. Accepting the Terms of Use
A. Means of Acceptance. In order to use any of the Data, You must agree to these Terms of Use. You agree to the Terms of Use by either:
(1) Clicking to accept the Terms of Use; or
(2) Downloading or using any of the Data or any Derivative Work, in which case you understand and agree that the B40 Balkan Cities Network will treat your download or use of the Data or a Derivative Work as an acceptance of the Terms of Use from that point forward.

B. Authority to Accept. You represent that you have full capacity and authority to accept these Terms of Use. If you are accepting on behalf of your employer or another entity, you represent that you have full authority to bind your employer or such other entity to the Terms of Use. You are responsible for the correctness of the information declared under this article.

III. Definitions
“Data” means any of the data that is available for download through https://opendata.b40cities.org/ and includes any updates to that data.
“Derivative Work” means a work that is based in any way or to any extent on the Data including without limitation any work that uses any of the Data in a modified form.
“You” or “Your” refers to any individual or entity that seeks to use the Data.

IV. B40 Network’s Intellectual Property Rights Not Affected
These Terms of Use do not grant You any title or right to any patent, copyright, or other such intellectual property rights that the B40 Balkan Cities Network or others may have in the Data.

V. Exclusion of Warranties
A. The Data contains information and data compiled and processed by the B40 Balkan Cities Network and third parties. The B40 Network makes no representation or warranty that the information contained in the Data is accurate, true or correct. In using the Data, you understand and agree that the information contained therein is subject to error, and cannot be relied upon without verification or site inspection.

B. You understand and agree that your use of the Data is at your sole risk. The Data is made available on an "as is" and "as available" basis without any warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Should there be an error, inaccuracy, or other defect in the Data, you assume the full cost of correcting any such error, inaccuracy or defect.

C. No advice or information, whether oral or written, obtained by you from B40 Balkan Cities Network or through or from the Data will create any warranty not expressly stated in these Terms of Use.

VI. Limitation of Liability and Indemnity

A. In no event shall the B40 Balkan Cities Network be liable for any direct, indirect, incidental, consequential or special damages (including without limitation, loss of use, time or data, inconvenience, commercial loss, lost profits or savings, or the cost of computer equipment and software), to the full extent that such may be disclaimed by law, or for any claim against You by any third party. In no event shall the B40 Balkan Cities Network be liable for any claim, including claims by third parties, for loss or damages arising from erroneous Data or information contained in the Data.

B. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU SHALL INDEMNIFY AND SAVE HARMLESS THE B40 BALKAN CITIES NETWORK, FROM ANY CLAIM, LOSS, DAMAGE, INJURY OR LIABILITY OF ANY KIND, NATURE AND DESCRIPTION (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, COURT COSTS, ATTORNEY’S FEES AND COSTS OF INVESTIGATION), THAT ARISE DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM YOUR USE OF THE DATA, INCLUDING WITHOUT LIMITATION YOUR USE OF THE DATA IN A DERIVATIVE WORK.

C. THE USER ACCEPTS, DECLARES AND COMMITS THAT B40 BALKAN CITIES NETWORK IS NOT RESPONSIBLE FOR THE LOSS OR DAMAGES CAUSED BY LIGHT DEFECTS RESULTED FROM THE SERVICES PROVIDED BY THE PLATFORM AND IT IS NOT RESPONSIBLE FOR ALL DAMAGES OF AUXILIARY PERSONS OPERATING ON BEHALF OF THE B40 BALKAN CITIES NETWORK.

VII. Acceptance of Other Conditions
For certain of the Data, there may be additional terms and conditions that are stated in the file containing such Data or on the page from which such Data is accessed. You understand and agree that You are bound by such additional terms and conditions.

Submitting B40 Balkan Network member cities municipality’s Departments, affiliate companies or City Agencies are the authoritative source of data available on B40 Network Open Data Portal. These entities are responsible for data quality and retain version control of data sets and feeds accessed on the Web Site.

Data may be updated, corrected, overwritten and/or refreshed at any time. The anticipated update frequency shall be indicated in data set on the Web Site. Older versions of data sets will not be retained.

VIII. General Provisions

A. These Terms of Use shall be governed by and interpreted under the laws of the B40 Balkan Cities Network without regard to conflict of laws provisions. Any dispute arising out of these Terms of Use shall be subject to jurisdiction in courts.

B. No modification to these Terms of Use, nor any waiver of any rights, shall be effective except by an instrument in writing signed by You and B40 Balkan Cities Network.

C. These Terms of Use contain the entire agreement and understanding between You and the B40 Balkan Cities Network with respect to the subject matter hereof and completely replace and supersede all prior agreements, understanding and representations. In no event will any additional terms or conditions be effective unless expressly accepted by the B40 Balkan Cities Network in writing.

D. If any provision of these Terms of Use is held to be invalid by a court of competent jurisdiction, then the remaining provisions will nevertheless remain in full force and effect.

E. The B40 Balkan Cities Network may modify these Terms of Use by posting notice of such modifications on this page. Any modification is effective upon posting, unless otherwise indicated.

F. You agree that, if B40 Balkan Cities Network does not exercise or enforce any legal right or remedy contained in these Terms of Use (or that the B40 Balkan Cities Network has the benefit of under any applicable law), this will not be taken to be a formal waiver of the B40 Balkan Cities Network's rights and that those rights or remedies will still be available to the B40 Balkan Cities Network. Any waiver of any provision of these Terms of Use will be effective only if the B40 Balkan Cities Network expressly states in a signed writing that it is waiving a specified provision.