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USER MEMBERSHIP AGREEMENT
1. PARTIES
This User Membership Agreement ("Agreement") has been arranged between DBA Moda Tekstil ve Ticaret Limited Şirketi ("DBA" and/or "Company") and the User who logs in and / or becomes a member of the website with the extension sthinkma.com ("Website"), for the User to use the Website and at the time of approval by the User in the electronic environment where the Website is located. By logging in and/or becoming a member of the Website, the User accepts and declares that he/she has read the entire Agreement, understands its content in its entirety and approves all its provisions.
2. SUBJECT OF THE AGREEMENT
The User who uses and shops on the Website is deemed to have accepted the following terms: - The Website and all pages connected to it belong to and are operated by the Company. The User is deemed to have accepted that he/she is subject to the following conditions while using all the services offered on the Website, by using and continuing to use the service on the Website; that he/she has the right, authority and legal capacity to sign a contract according to all applicable laws and is an adult over the age of 18, that he/she has read and understood this contract and that he/she is bound by the terms written in the contract. - This contract is indefinite and imposes rights and obligations on the parties regarding the Website subject to the contract, and when the parties accept / approve this contract online or in writing, they declare and undertake that they will fulfill the rights and obligations mentioned in full, correct, timely, within the conditions requested in this contract.
3. RIGHTS AND OBLIGATIONS
i. Rights and Obligations of the User
The User accepts, declares and undertakes that while fulfilling the membership procedure, benefiting from the services on the Website and performing any transaction related to the services on the Website, the User will act in accordance with all the terms contained in the Membership Agreement, the rules specified in the relevant parts of the Website and all applicable legislation, and that he understands and approves all the terms and rules stated above. After completing the registration process on the Website, the User may start using the Website by entering his e-mail address and password, provided that he complies with the conditions specified in this Agreement.
The security, storage, keeping away from the knowledge of third parties and use of the system access tools (username, password, etc.) used by the User in order to benefit from the services offered by DBA are the sole responsibility of the User. DBA shall not be liable, directly or indirectly, for any damages suffered or may be suffered by the User and/or third parties due to the User's negligence and defects in matters such as the security, storage, keeping away from the knowledge of third parties and use of the means of access to the system. The User agrees that he/she shall be solely responsible for the damages he/she may incur due to incomplete and incorrect information he/she has provided while becoming a member of the Website, and that in case of incorrect information and violation of this Agreement by the User, the Company may unilaterally terminate his/her membership without the need for any notice or warning. The User may not transfer its rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of DBA.
Those who benefit from the services offered by DBA and those who use the Website may only make transactions through the Website for lawful purposes. The legal and criminal responsibility for every transaction and action of the User within the Website belongs to him/her. Each User accepts, declares and undertakes that he/she will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained on the Website in a way that violates the real or personal rights or assets of DBA and/or another third party, and that he/she will not compete directly and/or indirectly with DBA either through these actions or in other ways. DBA shall not be held liable in any way, directly and/or indirectly, for any damages suffered or may be suffered by third parties due to the User's activities on the Website in violation of the provisions of the Agreement and/or the law.
The User agrees in advance that he/she will not reverse engineer the use of the Website or take any other action for the purpose of finding or obtaining their source code, otherwise he/she will be liable for any damages arising before third parties and that legal and criminal proceedings will be taken against him/her. Users accept, declare and undertake that they will not make transactions to transfer money between their own memberships and memberships of their relatives on the Website and that they will not engage in behaviors that will manipulate the operation of the Website, otherwise they will compensate for any damages incurred by DBA. The User agrees that he/she will not produce or share content that is contrary to general morality and decency, contrary to the law, damaging the rights of third parties, misleading, offensive, obscene, pornographic, damaging personal rights, violating copyrights, promoting illegal activities in his/her activities within the Website, in any part of the Website or in his/her communications.
Otherwise, it is fully responsible for the damage that may occur, and in this case, the Website authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. For this reason, if the judicial authorities request information about the event or user accounts, it reserves the right to share this information with the authorities. The User undertakes not to violate the legal rights of third parties such as copyright, trademark, trade name while determining the "User name". In the event that the Users violate the provisions of this article, DBA may request the User to correct this situation contrary to the User Agreement, or may temporarily or permanently cancel the User's membership without prior notice to the User.
ii. Rights and Obligations of DBA
DBA accepts and undertakes that the User will benefit from the services subject to the Agreement provided through the Website, except for technical failures. DBA always reserves the right to make changes on prices and products and services offered. DBA does not act as a mediator or arbitrator in disputes arising between Users in relation to the services provided and products on the Website. As a result of the approval and implementation of the User Agreement, no partnership, representation or employee-employer relationship arises between DBA and the User. Some information such as the name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time of access to the Website, the pages accessed while on the site and the Internet address of the Web site that provides direct connection to the site may be collected by the Company for the improvement and development of the Website and/or within the framework of legal legislation. The User agrees to the collection of this information.
4. INTELLECTUAL PROPERTY RIGHTS
All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method on the Website belong to the site operator and owner company or the specified person concerned and are under the protection of national and international law. Visiting the Website or utilizing the services on the Website does not give any rights to the intellectual property rights in question. The information contained on the Website cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Website may not be used on another website without permission. In the event of such a violation, the user will be responsible for the amount of compensation requested from the company for damages incurred by third parties and any other obligations, including but not limited to court costs and attorney's fees.
5. CONFIDENTIAL INFORMATION
The Company will not disclose the personal information provided by users through the Website to third parties. This personal information; It includes all kinds of other information to identify the User such as name-surname, address, telephone number, mobile phone, e-mail address, and will be briefly referred to as 'Confidential Information'. Confidential Information may be disclosed to the official authorities only if such information is duly requested by the official authorities and in cases where disclosure to the official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
6. NO GUARANTEE
This Agreement clause shall apply to the maximum extent permitted by applicable law. The services offered by the Company are provided on an "as is" and "as available" basis and make no warranties of any kind, express or implied, statutory or otherwise, with respect to the services or the application (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.
7. FORCE MAJEURE
If the obligations arising from the contract cannot be performed by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, popular movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), which are not under the control of the parties, the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
8. INTEGRITY AND ENFORCEABILITY OF THE CONVENTION
If one of the terms of this contract becomes partially or completely invalid, the rest of the contract shall remain valid.
9. CHANGES TO BE MADE IN THE CONTRACT
DBA may, at its sole discretion and unilaterally, amend this Agreement and its annexes at any time it deems appropriate by posting them on the Website. The amended provisions of this Agreement shall become effective on the date of their announcement; the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences.
10. NOTICE
All notifications to be sent to the parties related to this Agreement will be made via the Company's known e-mail address and the e-mail address specified by the user in the membership form. The user agrees that the address specified while becoming a member is the valid notification address, that in case of change, it will notify the other party in writing within 5 days, otherwise the notifications to this address will be deemed valid.
11. DISPUTE RESOLUTION
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.