1. Subject and Scope of the Agreement
The subject of this Agreement is to set out the terms and conditions regarding the graphics, icons, illustrations, readymade presentations, fonts, videos, designs and other contents reached from the Platform and the presentations prepared and shared by the Users (“Content”), to determine the rules and procedures regarding the use of the Platform and services provided via the Platform by the User and rights and obligations of the Parties within this respect.
All rules, notices and declarations with regard to the use of the Platform that presented on the Platform shall be deemed as annexes to and an integral part of the Agreement, and the User accepts, declares and undertakes to accept in advance all notices, warnings and statements included or to be included on the Platform.
2. Rights and Obligations of the Parties
2.1 The User shall provide precise, accurate and up-to-date information requested by the Company and accept this Agreement in order to be able to use the Platform. The Company reserves its right to request additional information and document from the User at its sole discretion.
2.2 In the event of a change regarding the information provided while establishing the user status or at any other time in order to use services provided on the Platform, The User shall update such information immediately. The Company shall not be responsible if the User cannot use the Platform due to the reason that provided information is not complete, accurate and up to date.
2.3 The User declares that it has the legal capacity necessary to execute this Agreement. The User shall not transfer its accounts, usernames and passwords and user profiles to another user under any condition or allow their use by third parties.
2.4 The User shall be personally responsible for the use and management of all information allowing the use of the Platform such as accounts, username and password. Any activity carried out with the username and password belonging to the User shall be deemed as carried out by the User itself and the User shall be exclusively responsible for damages suffered by the User and/or a third party resulting from the use of these information by someone other than the User or loss or transfer of these information. The User shall immediately notify the Company when it has the knowledge of any unauthorized use of the passwords or any other breach of security.
2.5 The User acknowledges that the trial version of the Platform may not include all features and functions of the paid version.
2.6 Company is entitled to erase the Content and the account, without notifying the User, in case the User breaches any of this Agreement terms. Company reserves its right to block access of the User to the Platform without providing any explanations.
2.7 The User shall comply with the terms that may be published on the Platform from time to time, and the law and good faith principle in all its operations carried out on the Platform and shall not conduct activities that may hinder the functioning of the Platform upon any method or that are violating or may violate third parties’ rights.
2.8 Company and/or other third-party service providers own all rights of the software, images, graphics, icons, designs, fonts, texts, logos, videos, illustrations, readymade presentations and all other assets provided within the Platform. The User shall not use, other than for the intended purpose, share, distribute, transmit, amend, modify, publish or copy the above assets, information and components provided on the Platform and/or third-party service providers, to another platform, service, media or product either upon commercial or non-commercial purposes except for the Content. The User shall be solely responsible of the consequences resulting from its violation of the license terms of the third-party service providers.
2.9 It is absolutely prohibited for the User (i) to engage in actions which may threaten the security of the Platform or to attempt anything hindering the working of software belonging to the Platform or the use of the Platform by other Users; (ii) to overload, to access information unauthorizedly and Content published on the Platform and/or entered by others, to copy, erase, alter these information or attempt to these actions; (iii) to conduct activities that may threat the general security of the Platform and/or that may harm the Platform, Company or other Users; (iv) to use or attempt to use software affecting the functionality of the Platform and the software used or to hinder, impair, reverse engineer, attack, occupy or interfere with the functioning of any software, device and servers in any way and to attempt to access Company’s servers.
2.10 Provisions regarding the information provided by the User are set out within the scope of the User Privacy Notice which is an annex to and integral part of this Agreement and the Company shall not use or disclose the User information outside the scope defined in this Agreement and the User Privacy Notice.
2.11 Company is not liable for any problem which may arise due to the use of the readymade presentations by the User. It is the User’s responsibility to check whether such readymade presentations are convenient for the subject and targeted audience.
2.12 The User accepts that access to the Platform may be temporarily interrupted in order to implement improvements and other changes on the Platform.
2.13 Company reserves its right to revise this Agreement, the User Privacy Notice which is an annex to the Agreement and other terms published via the Platform without any reason or prior notification at any time by its sole discretion, to make additions or to renew and re-organize the Platform, to change its subject, scope and content and to cease the transmission. Amendments on the Agreement, the User Privacy Notice and other provisions shall enter into force on the date of publish on the Platform and the User shall be deemed to have accepted the current provisions with the use of the Platform. The User shall be responsible for regularly check the updates on said documents.
2.14 All legal, administrative and criminal liability shall belong to the User arising from the use of the Platform and conducting relevant transactions via the Platform. Company shall not be held liable directly or indirectly from damages suffered or may be suffered by third parties as a result from activities conducted by the User via the Platform and/or during the transactions and/or by its actions against this Agreement and law. All demands directed by third parties within this scope and damages suffered by the Company due to the User’s non-fulfillment of its obligations set out under this Agreement or applicable legislation shall be recoursed to the User to be paid upon first request with the secondary damages.
3. Terms on Creating and Sharing Content
3.1 Creating and sharing Content on the Platform are solely carried out by and between the Users and the Company is only providing a platform to the User in respect thereof. Users agree that the Company has no and is not under the obligation to have knowledge of or to undertake and guarantee any subject such as the accuracy of the Content shared via the Platform, its quality, originality, accuracy and completeness of the written and/or visual statements, and that the Company is not a party of the Content creating and sharing activities in any way. The User shall have liability of all the work and transaction performed within this scope and shall not raise any defense and/or objection alleging that the work and transaction is not done by itself and/or refrain from fulfilling its obligations based on its defense and/or objection. All claims relevant to the Content shall be directed to the User. Company shall provide channels deemed necessary via the Platform for the transmission of the User requests and problems. Information and communication sources and channels shall not be interpreted as an undertaking for resolving the problems between the Users.
3.2 Company may reject publishing Content on the Platform without any reason. Approval of the Company for publishing Content on the Platform shall not be interpreted as the lift off of Company’s non-liability with respect to the Content. Additional rules, terms and periods relevant to the publication of Content may be defined by the Company and published on the Platform and the ones sharing Content shall be bound by those rules, terms and periods published on the Platform. Company shall have the exclusive right to publish or remove the relevant Content even after the termination of this Agreement.
3.3 The User shall not share any Content having an illegal or inappropriate character or violating others’ personal, intellectual and commercial rights. In such case Company reserves its right to cease the publication of the Content temporarily or permanently without any notice to User. Responsibility with respect to all legal, commercial and administrative claims resulting from illegal Content shall belong to the relevant User and User shall be obliged to defend the Company before all judicial, commercial and administrative authorities against any claims addressed to the Company in respect thereof.
3.4 The User hereby grants to the Company a worldwide, non-exclusive, revocable, royalty-free, fully paid, sublicensable and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, distribute and transmit the Content. In addition, User grants to each User a worldwide, non-exclusive, revocable license to access, view and publicly perform its Content.
4. Limitation of Liability
4.1 To the extent permitted by applicable law, Company shall not be liable for any direct or indirect damages which may arise from a breach of the Agreement, tort or other reasons related to the access to the Platform, use of the Platform or information and other data or programs etc. from the Platform, use of services or Content shared on the Platform. The Company shall not be liable for any fault, negligence, erasure or loss of data, delay of a process or communication, computer virus, communication error, theft, destruction, unauthorized access to or alteration or use of records resulting from a breach of the Agreement, tort, negligence or other reasons. It is accepted that the Company is released from visits made to the Platform, linked websites or use of the Platform and any kind of liability, damages and claims including courts and other expenses arising out of the visits/use.
4.2 THE USER SHALL SOLELY BEAR ALL THE RISK RELEVANT TO THE USE OF THE PLATFORM AND BENEFITING FROM SERVICES AND CONTENTS SHARED THEREON. THE USER ACCEPTS, DECLARES AND UNDERTAKES THAT IT SHALL NOT MAKE ANY DEMAND RELEVANT TO THE USE OF THE PLATFORM AND THE CONTENT SHARED ON THE PLATFORM FROM THE COMPANY UNDER ANY NAME; THAT THE COMPANY DOES NOT GUARANTEE OR UNDERTAKE ANYTHING WITH RESPECT TO THE CONTENTS. TO THE EXTENT ALLOWED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CRIMINAL DAMAGES, WHICH MAY BE INCURRED AS A RESULT OF THE USE OF THE PLATFORM AND CONTENT SHARING, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT OR LOSS OF REPUTATION. THE PLATFORM AND OTHER CONTENTS PROVIDED VIA THE PLATFORM ARE BEING OFFERED “AS IS” AND THE COMPANY DOES NOT PROVIDE ANY COMMITMENT OR UNDERTAKING WITH REGARD TO THEIR AUTHENTICITY, ACCURACY OR SECURITY. THE COMPANY DOES NOT COMMIT ANY UNDERTAKING EXPLICITLY OR IMPLICITLY REGARDING THE MERCHANTABILITY, COMPABILITY OR USE FOR A SPECIFIC PURPOSE.
4.3 The User agrees and declares that links to other websites and/or platforms, documents or contents that are not under the Company’s control may be presented via the Platform, services belonging to third parties may be provided and that these kind of links are not for the purpose of supporting the relevant website or its operator/service provider or do not constitute any declaration or guarantee with respect to the website or information within, that the Company is not liable for the platforms, websites, documents and contents, services or products or their content reached via the said links.
4.4 The User accepts and declares that the availability and quality of the Platform and contents presented via the Platform substantially depend upon the service quality provided by the relevant internet service provider, that the Company is not responsible for any problems arising from such service quality, that the Platform is not free from defects and that there might be technical malfunction or access complications from time to time.
4.5 The User acknowledges that the Company does not guarantee that there shall be no virus, worm or other types of attacks or unauthorized access to the Platform or there shall be no transfer of information to or from the Platform.
4.6 In any event, Company’s liability for the damages arising from this Agreement shall be limited to the amount of the monthly subscription fee applicable at the time of the occurrence of the damages.
5. Financial Terms
5.1 Upon the expiration of the trial period, the User may continue using the Platform by making payment in accordance with the payment model, either one-off or monthly/yearly subscription, which will be determined by the Company.
5.2 The subscription fees specified on the billing page shall be charged automatically on the credit card of the User either by the end of every month or year depending on the chosen subscription model. The User is responsible for safeguarding the information of its credit card used for the payment and acknowledges not to claim that the payment is made without authorization or outside its knowledge.
5.3 No refunds shall be made in case the subscription is cancelled by the User.
5.4 Company reserves the right to change the subscription fees at its sole discretion, which will be taken into consideration on the next purchase of the User. The Company shall use its best efforts to notify such changes in writing to the User.
6. Force MajeureThe Company shall not be liable in the event of not fulfilling or late or incomplete fulfilling of the obligation of this Agreement in cases of force majeure. Events occurring outside of the relevant party’s control including but not limited to natural disaster, riot, war, strike, lockout, malfunctioning of telecommunication infrastructure, power outage and bad weather conditions shall be regarded as force majeure. The liabilities and obligations of the parties shall be suspended for the duration of any force majeure. If such force majeure event lasts longer than 1 (one) month, the party whose rights are violated shall be entitled to terminate this Agreement.
7. Suspension, Transfer and Termination of the Agreement
7.1 The Agreement shall be in force until the User terminates its membership or in case the Agreement is terminated by the Company due to the reasons determined below.
7.2 In the event that the User fails to comply with the provisions of this Agreement and rules and terms declared at the Platform, that the User’s activities within the Platform poses a risk in a legal, technical or information safety areas or violates third parties’ personal and commercial rights, the Company may temporarily or permanently suspend the Platform or terminate the Agreement. The User shall not make any claims for this reason.
7.3 The Company shall be entitled to terminate, temporarily or permanently suspend the Platform and/or the Agreement at any time.
7.4 User shall not transfer this Agreement and/or its rights and obligations arising from the Agreement to third parties without Company’s explicit written approval. Company has the right to transfer the Agreement and its rights and obligations arising from the Agreement to third parties.
8. Dispute Resolution Agreement
8.1 In the event of any dispute relevant to this Agreement, provisions set out in this Agreement shall be applied primarily and for cases for which there are no provision Laws of the Turkish Republic shall be applied. Izmir Courts and Execution Offices shall have jurisdiction in disputes arising from this Agreement.
8.2 For the disputes arising within the scope of this Agreement, Company’s records (including records kept on electronic media) shall be deemed as evidence according to Article 193 of Turkish Procedural Law.