Buyer: Natural or legal person, member, purchasing the goods and/or services introduced to sale by the seller, through using the services offered at the website
Seller/Website Owner: Website owner, introducing to sale the goods and/or services he possesses and he has the right and power to dispose, towards other members.
User/Member: Natural or legal persons becoming member to the website www.mesele.com.tr, and using the services offered in the “Website” within the scope of the conditions specified in the present contract.
Website: Website consisting of the domain name www.mesele.com.tr, and sub-domain names associated to the abovementioned domain name.
3) SUBJECT AND SCOPE OF THE CONTRACT
The subject of the Membership Contract is the determination of the www.mesele.com.trservices, conditions to use these services, and rights and liabilities of the parties.
The scope of the Membership Contract is all statements made by www.mesele.com.trlike warnings, correspondences and explanations, concerning usage, membership and services, and included in the present contract and the website. By accepting the provisions of the present contract, the “user” also is deemed to have accepted all kinds of statements explained by “www.mesele.com.tr” on the website, concerning usage, membership and services. The user shall accept, state and undertake, he has to act in conformity with all kinds of issues specified in the abovementioned statements.
4) MEMBERSHIP AND SERVICE USAGE CONDITIONS
4.1. Membership procedures is completed in the manner specified as follows: the candidate member shall use the necessary identity information through the relevant section of the website, procurement of registration procedure and approval of the registration procedure by the website. One may not enjoy the rights and authorities defined in the present contract, before the completion of the membership procedure.
4.2. In order to become a member of the website, it is mandatory to be of full age, and not to have been suspended or indefinitely banned from membership by www.mesele.com.tr. The underage people, or persons who have been suspended or indefinitely banned from membership, will not become members of the website, even if they have completed website registration procedures.
Conditions of Use:
The performance of the following acts while visiting the website or using the services of www.mesele.com.tr shall be deemed as express violation of the contract:
1. Sending messages contrary to the laws of the Republic of Turkey, or international laws, conventions, bylaws
2. Writing things containing hate speech, and writing provocative and humiliating things about communities
3. Sending threatening, profane, hateful messages, sending messages contrary to traditions and customs, or sending a great deal of unwanted messages; sending messages or using materials making religion, language, race discrimination; displaying behaviors belittling forum administrators and users
4. Writing political party and politics-related things, with an exclusive content of propaganda
5. Using the works appearing in the website and the content of the website for different purposes through full or partial copying of these, or making attempts to make such sage
6. Using software, displaying activities, attempting to use software and display activities, which would threaten the general safety of the website, affecting the work of the website and software used, and receiving, deleting and modifying the data
7. Entering the website through bot or automatic entry methods, regardless of the purpose
8. Reselling, sharing, distributing, multiplying any piece of the website subject to intellectual and/or industrial property (including but not limited to design, text, image, html code and other codes), and creating derivative, processed works from these
In case these clauses are violated, www.mesele.com.trmay decide for the suspension of the memberships pertaining to the relevant person(s), provided its legal rights against the violating person(s) are reserved.
5) RIGHTS AND LIABILITIES
5.1. RIGHTS AND LIABILITIES OF THE MEMBER
a) Members shall accept, state and undertake, they will act in conformity with all the conditions included to the Membership contract, rules specified in relevant places of the website and all applicable legislation, while fulfilling their membership procedures, using the services of the website and performing any act relevant to the services on the website, and they understand and approve all terms and conditions mentioned above.
b) Members shall accept, state and undertake, www.mesele.com.tr will be authorized to explain confidential/private/commercial information of the members in case public authorities demand information of the members pursuant to the provisions of applicable mandatory legislation, and they will not claim any damages for the relevant reason.
c) All matters concerning the safety, storage, keeping away from third persons and usage of system access tools (username, password, etc.) used by the members in the website, are fully under the responsibility of the members. www.mesele.com.tr does not have any direct or indirect responsibility with regards to all negligence and defects of the members concerning the safety, storage, keeping away from third persons and usage of system access tools.
d) The members shall accept and undertake, the information and contents provided by themselves within the website are accurate and legal, and there is not any illegality concerning the applicable legislation, in the publication of these data and content on the website, or the sale and display of products connected with these contents.
www.mesele.com.tr is not liable and responsible from researching the accuracy of the data and content transmitted by members, or uploaded, modified or provided by themselves via the website, and from undertaking and guaranteeing the safety, accuracy and legality of these data and content, and it may not be held responsible from any damages, which may occur due to the inaccuracy or wrongness of the data and content in question.
e) Members may not transfer their rights and responsibilities within the scope of the Membership Contract, fully or partially, to any third person, without the written consent of www.mesele.com.tr.
f) Those using the services offered by www.mesele.com.tr, and those using the website, may only perform acts via the website for legal purposes. The legal and penal responsibility in all acts and actions made by the members in the website belong to themselves. Each member shall accept, state and undertake, they will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, videos, files, databases, catalogues and lists appearing in the website, in a manner violating the real or personal rights or assets of www.mesele.com.tr and/or another third person, they will not directly and/or indirectly enter into competition with the website both through the abovementioned methods and through other methods. www.mesele.com.tr, directly and/or indirectly, may by no means be held responsible from the damages, which are and can be suffered by third persons, due to activities displayed by its members in a manner contrary to the provisions of the Membership Contract and/or the law.
g) www.mesele.com.tr and any employees or managers of www.mesele.com.tr don’t have any responsibility due to the services provided and contents published on the website by third persons, including the members. The commitment concerning the accuracy and legality of data, contents, visual and audio images provided and published by any third person, completely belongs to the person performing these acts. www.mesele.com.tr does not undertake and guarantee the security, accuracy and legality of the services and contents provided by third persons, including members.
h) The database of the website, and data included to the relevant database, may not be copied, transmitted to other databases, fully and partially, without the written consent of the website owner, and likewise, these may not be made available to the access and usage of third persons from these databases, without the written consent of the website owner.
5.2. Rights and Liabilities of www.mesele.com.tr
It reserves the right to always being able to modify the services and contents offered on the website; to make unavailable to the access of third persons, including members, the data and contents uploaded to the system by members, and to delete the relevant data and contents, reserved, and it may uses the relevant right without making any notice. The members must fulfill the modifications and/or corrections demanded by the website without delay. Legal and penal responsibilities of damages arising or, which may arise due to the modification and/or correction demands made by the website not being immediately fulfilled by the members, fully belong to the members.
www.mesele.com.trmay be removed from access the messages or contents, sent via the website and contrary to the functioning of the website and/or to the Membership Contract and/or to the general rules of the Website and/or to public decency, any time and in the manner it wants; it may warn the member creating the relevant message and/or content in written form, and/or temporarily or permanently terminate the membership of the user without sending any notice.
www.mesele.com.tr may always unilaterally terminate the present contract, or terminate or permanently suspend the membership of the member without terminating the contract, without having to give justification, without having to make a notice and without any liability to pay damages, to immediate effect. The relevant membership termination, suspension or contract termination decisions, shall be given my www.mesele.com.tr upon its own determination and will, if it is determined that the acts of the member, or the situation occurring following his acts, constitute a risk pursuant to the information security system of the website.
6) CONFIDENTIALITY POLICY
6.1. www.mesele.com.trshall not disclose the personal information transmitted to itself electronically by the members, to third persons, except for the purposes and scope determined with the “Membership Contract” it concludes with its members.
6.2.www.mesele.com.trshall undertake to keep the confidential information strictly private and confidential, to deem it as a secrecy obligation, to take all kinds of measures and display the necessary care, in order to ensure and maintain the confidentiality, to prevent it to enter into public domain fully or partially, to prevent is unauthorized usage and its disclosure to any third person. If, despite the accurate information security measures been taken by www.mesele.com.tr, confidential information are damaged or obtained by third persons due to the attacks made to the website and the system, www.mesele.com.tr shall by no means be held responsible.
7) OTHER PROVISIONS
Intellectual Property Rights
All elements of the website, in other words works subject to copyright of www.mesele.com.tr (including but not limited to design, text, image, html code and other codes), are used as property of www.mesele.com.trand/or under the royalty purchased by www.mesele.com.trfrom a third person. Users may not resell, share, distribute, display, reproduce the services of www.mesele.com.tr, website information and works of the website subject to copyright, they may not create or prepare works derivative of the abovementioned, and they may not allow others to access to the services of www.mesele.com.tror use these services; otherwise, they will be liable to indemnify all kinds of obligations claimed by third parties, including but not limited to licensors, from www.mesele.com.trdue to the damages they suffer, including but not limited to the damages itself, litigation expenses and counsel’s fee.
www.mesele.com.trmay always change the present Membership Contract fully on its own discretion and unilaterally, through announcing it on the Website. The modified provisions of the Membership Contract shall gain validity on the date of their announcements, and the remaining provisions shall remain in effect in the same manner and continue to provide the same results. The present Membership Contract may not be modified through unilateral statements of the User.
www.mesele.com.tr is not liable from non-performing, later performing or short performing any of its liabilities determined through the present Membership Contracts, in all situations legally considered as ‘force majeure’. These and likewise situations shall not be deemed as delay, short-performance, non-performance or default for www.mesele.com.tr, and regardless of the name, no damages shall be claimed from www.mesele.com.tr for these situations. The term ‘force majeure’ shall be interpreted as events occurring beyond the reasonable control of the concerned party, which may not be prevented or avoided, despite the display of the necessary care by the relevant party, and includes, but is not limited to natural disaster, riot, war, strike, communication problems, infrastructure and website failures, power failure and adverse weather conditions.
Applicable Law and Jurisdiction
Turkish Law shall be applicable in the implementation and interpretation of the present Membership Contract, and the management of the legal relations arising within the scope of the Contract’s provisions. İstanbul Courts and Execution Offices have the jurisdiction in the settlement of all kinds of disputes arising, or, which may arise from the present Membership Contract.
8) TERMINATION OF THE CONTRACT
The present Membership Contract shall stay in effect as long as the User is a member of the website, and continue to cause provisions and consequences between parties; it will be deemed as ended if the membership term of the user expires or his membership is suspended or terminated.
www.mesele.com.tr may terminate the contract unilaterally in case the users violate the present Membership Contract and/or similar rules specified on the website concerning usage, membership and services, and particularly in case the situations listed below occur, and the Users shall be liable to indemnify all damages suffered by www.mesele.com.trdue to the termination:
a) User displaying acts, which would manipulate the functioning of the Website, through using any method
b) User transferring the User profile created by himself to another, or making it available for use
c) User displaying acts violating rights of third persons and/or threatening the violation of these rights.
The present contract, and documents and annexes, referred in the contract, and are integral parts of the contract (to be referred jointly as the contract), was mutually accepted and went into effect, upon the electronic approval provided by the member.