A. Commencement of the Agreement
H.EBRAR SARIGÜLLÜ / MİNÜSKÜL TEKSTİL resident in Akat Mah. Cebeci Sok. Demet Apt. No:4 Daire:2, Etiler / İSTANBUL (to be referred as “ miniscúle by ebrar ” in short hereafter) and the member (“Member”) of www.minisculebyebrar.com internet site (“Site”) under the conditions below.
The Member may get to use the Site entering the e-mail address and password providing that s/he complies with the prescribed conditions within this Agreement after s/he has completed registration procedures and approved e-mail address. In the event that the Agreement is signed on behalf of a legal entity, the contracting person is to have accepted and undertaken that s/he is authorized to make such a transaction on behalf of the relevant legal entity; otherwise (in case of an authorized transaction) would be personally liable for all the operant actions hereafter.
The Member undertakes that s/he shall be deemed to have acknowledged all the conditions within the Agreement and that these conditions shall be binding for her/him from the moment s/he has commenced to make use of the Site. miniscúle by ebrar reserves the right to notice the Member of alterations and modifications in below-mentioned conditions on its own discretion if required as per regulations or this Agreement.
B. Rights and Liabilities of the Member
- The Site is an open site for everyone who is a member of it. Services on the site are free of charge. The Member accepts and declares that when making use of the Site, s/he will act according to the conditions within the Agreement and rules prescribed within given parts of the Site.
- The Member agrees to comply with Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works; Laws, Statutory Decrees and other related Legislation Provisions Concerning the Protection of Trademark and Patent Rights, the Law on the Protection of Personal and other relevant legislation along with any announcements and notifications to be published by miniscúle by ebrar related to its services when making use of services rendered on the Site. Any legal, penal and financial liabilities to arise from contrary usage against such notifications and laws belong to the Member.
- The Member shall indemnify any loss to be incurred by miniscúle by ebrar due to wrongful acts against the liabilities undertaken by her/him via this Agreement, and miniscúle by ebrar possesses the specific claim of recourse from the Member related to any compensation, administrative/judicial fine it shall be obliged to pay to the public bodies and/or third parties due to wrongful acts of the Member against the Agreement.
- The Member may not do preventive or obstructive acts against other members or visitors to make use of the Site; may not interlock the servers or databases downloading automatic programs and make fallacious attempts on data; otherwise s/he agrees that her/his membership shall end and s/he shall undertake any legal and penal liability to arise from this case.
- To keep the backup of in-Site correspondences is under the responsibility of the persons themselves and is suggested by miniscúle by ebrar. miniscúle by ebrar may not be held responsible for loss and deletion of the back-ups due to failure of keeping the back-ups of the correspondences. The Member accepts and declares that when making an entry or doing shopping on the Site, given personal and other information is accurate and that in case of inaccuracy of such information, s/he shall be indemnify any loss of miniscúle by ebrar due to this situation in full and promptly. Risks related to links (links that prompt other different internet sites) on the site to provide information and convenience for visitors on Site belong to the Member. These links are allowed by miniscúle by ebrar within the content of the Site only to provide visitors information and convenience.
- Audio-graphic contents presented on Site are only for personal use. Right is reserved for all the texts, graphics, videos, pictures, animations and audios taking part in the content of the Site; unless indicated otherwise, it may not be used for commercial or personal purposes without permission and reference. Without permission of miniscúle by ebrar, it is forbidden to publish or give a link related to any of the Site materials on any other media platforms or internet sites.
- Works belonging to miniscúle by ebrar on Site subject to its copyrights may under any circumstances not be used, sold out, shared, distributed, exhibited, copied, processed and subject to derivative works by the Member. Otherwise, the Member accepts and declares that s/he shall be liable for the entire loss incurred or to be incurred by miniscúle by ebrar. It is strictly forbidden to copy or make use of the software used during the design of pages and creation of database any right of which belongs to miniscúle by ebrar.
- The Member may not delete or extract any notes within the scope of copyrights, trademarks and Code of Intellectual and Artistic Works upon any material copied from the Site or printed via the printer.
C. Rights and Liabilities of miniscúle by ebrar
- In case of below mentioned cases, miniscúle by ebrar has the right to cancel all the rights arising from the law as well as related operations, to stop the use by the Member, to terminate the membership of the Member and to cancel this Agreement unilaterally promptly: In case of recording wrong, irregular and misleading information on Site which contains statements inappropriate with reference to public decency and laws of Republic of Turkey;
- In case works or data partaking in the Site are used or tried to be used copying them partially or completely; Where a disclosure with the third parties comes up related the rights of use of information such as user name or password given to the Members by miniscúle by ebrar or determined by them as a result of being a member of the site, the Member is directly responsible for misuse of her/his password by other persons. Accordingly, the Member may not make use of IP address, e-mail address, user name and miscellaneous information belonging to others on the internet where s/he also may not reach or make use of private information of the Members without permission. Any legal or penal liabilities to arise from such use belongs to the Member;
- In case software that may threaten the general security of the Site, prevent the running of the Site and software used are applied align with related operations to be done or tried to be done, and information is obtained, deleted or changed; In case the Member damages miniscúle by ebrar taking advantage of any deficit of miniscúle by ebrar campaigns, sales system or the Site (technical, etc.), obtains an unfair advantage, and a misuse of sales system or the Site in a manner of repeated applications is determined by miniscúle by ebrar; In case the Member does an act against the conditions within the Agreement, prescribed rules within the given parts of the Site and applicable legislation when making use of the Site or doing shopping;
- miniscúle by ebrar, while reserving its rights to permanently or temporarily suspend the services provided unilaterally, to change the content of the services or revoke the services and excluding technical failures, undertakes to ensure that the Member benefits from the services described under the Agreement and that the information disclosed by the Member will not be shared with third persons except for legal obligations and the conditions indicated. In the event that a Member is found to cause any electronic sabotage and/or offense which may interfere with the operation of the Site or a criminal complaint or a request for official investigation is submitted by official authorities, miniscúle by ebrar reserves the right to investigate and disclose the personal information of the Member. Member shall act in accordance with the provisions listed above. Otherwise, miniscúle by ebrar has the right to terminate this Agreement promptly. As regards the Member, s/he accepts and declares that s/he has read and understood this Agreement align with an approval from the moment s/he started to make use of the Site.
D. Assignment, Scope and Term of the Agreement and Enforcement
- The Agreement shall be void immediately and automatically without any notification in case of termination of the membership or any of the cases of termination considered within the Agreement The Member accepts in advance that where required by miniscúle by ebrar, it may cancel the Site membership and terminate this Membership Agreement providing that it notifies the Member of the reason.
- miniscúle by ebrar may make amendments within this Agreement unilaterally any time and with no prior notification to ensure the continuity of its undertaken services. Providing that the final objective of the Site and services rendered remain the same in principle, miniscúle by ebrar has the right to suspend the services temporarily or permanently, make modifications on or cancel the content of the Site, including announced prices, without any justification and unilaterally. Where necessary, miniscúle by ebrar shall announce the updated membership conditions align with updated date under the same link on the Site and notify this to the Member. Updated membership conditions shall be valid as of the announcement and use of the Site or services shall be bound to the current membership conditions as of that very moment. Different rules and obligations may be determined for some certain parts of the Site which are exclusive to the given part. The Member making use of such parts is deemed to have read and understood the relevant rules. The Member irrevocably accepts and declares that miniscúle by ebrar may assign the Agreement to third parties and that it allowed the assignment of the Agreement in advance via this Agreement as per Article 205 of Code of Obligations
E. General Provisions
- Validity, interpretation and performance of this Agreement are subject to laws of Republic of Turkey. İstanbul Central Courts and Enforcement Courts are authorized to resolve the disputes to arise from the implementation of this Agreement. The email address given by the Member upon being a member of the Site is regarded as the legal notice address for any notification in the future related to this Agreement.
- Where parties fail to notify the other party about changes in current email addresses within three (3) days, they undertake that notifications to be made to the old email addresses shall be valid and deemed to have been received by them. Any notification made using the registered email address of the Member shall be considered as having reached to the Member one (1) day after the email has been sent over by miniscúle by ebrar. The Member accepts and declares that s/he has read, understood and accepted all the articles within this Agreement and approved the accuracy of given information.
F. Contact Information of the Company
- To get further information, please contact www.minisculebyebrar.com via contact information or via telephone number and e-mail address mentioned below any time. H.Ebrar Sarıgülü – Minüskül Tekstil Adress: Akat Mah. Cebeci Sok. Demet Apt. No:4 Daire:2, 34335 Etiler / İSTANBUL , Customer Services: firstname.lastname@example.org
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