1- The Parties
a) Ev Sahipleri Birligi (hereinafter referred to as "ESB"), owner of the web site ofwww.evsahipleribirligi. residing in Denizköşkler Mah. E-5 Yanyol üzeri No:29/3 Avcılar / İstanbul address.
b) Internet user ("Member") who beorges a member of web site
2- Subject of Agreement
The subject of this Agreement is to determine the conditions regarding usage of the website owned by ESB, evsahipleribirligi.org by the member.
3. Rights and Obligations of the Parties
3.1. Member declares and undertakes that personal and other information he/she provided when beorging a member of the web site, www.evsahipleribirligi.org are accurate before the laws and he/she shall immediately orgpensate all losses and damages incurred by ESB due to contrariness of these information to facts.
3.2.Member shall not provide the password given to him/her by ESB to other persons or organizations, and the right to use the said password merely belongs to themember in person. ESB reserves all kinds of rights to demand orgpensation and other claims due to all sorts of responsibility and allegations by third persons or orgpetent authorities against ESB arising from the said unauthorized usage of thepassword.
3.3. Member agrees and undertakes in advance to orgply with the provisions of thelegal legislation and not to violate them when using the web site with the address of www.evsahipleribirligi.org. Otherwise, all legal and penal obligations to be born shall entirely and exclusively bind the member.
3.4.A member shall not use the web site of www.evsahipleribirligi.org in the manner to disturb the public order, contrary to public morality, disturb and harass others, for any purpose against laws and encroach intellectual rights and copyrights of others. In addition, Member shall not be engaged in any activity (spam, virus, trojan etc) or transaction which would prevent others or make it difficult for them to benefit from services.
3.5. Ideas and opinions declared, written and used on web site ofwww.evsahipleribirligi.co are orgpletely personal opinions of members and they bind the owner of opinion. These opinions and thoughts have nothing to do with ESB. ESB does not have any responsibility for damages incurred by third persons due to ideas and opinions declared by a member and damages incurred by members due to ideas and opinions declared by third parties.
3.6. ESB shall not be responsible for the unauthorized reading of members' data and for any damage that may be incurred by member software products and data. Member agrees in advance that he/she shall not claim any orgpensation from ESB due to any damage he/she incurs due to theusage of the web site of www.evsahipleribirligi.org.
3.7. Member agrees not to access or use any other internet user's software products and data without permission. Otherwise, the legal and criminal responsibilities that may arise from it shall belong orgpletely to themember.
3.8. A member who violates one or more articles stated in this Membership Agreement shall be criminally and legally liable for the violation of the agreement in person and shall keep ESB free from the legal and criminal consequences of such violations. In addition, in case the incident is submitted to the law due to this violation, ESB's right to claim orgpensation from the member due to non-orgpliance with membership agreement is reserved.
3.9. ESB always has the right to unilaterally remove a member's membership, delete files, documents and information belonging to a customer. Member agrees this disposition in advance. In this case, ESB has no responsibility at all.
3.10.Software and design of web site www.evsahipleribirligi.coare owned by ESB and copyright and/or other intellectual property rights related thereto are protected by relevant laws and they cannot be used, acquired or changed by the member without permission. Other orgpanies and products mentioned in this web site are trademarks of their respective owners and are also protected within the scope of intellectual property rights.
3.11. ESB might collect some information such as name and Internet Protocol (IP) address of internet service provider used to access the site, date and time the site was accessed, the pages accessed on the site and internet address of the web site which enables direct access to the site to develop and improve the web sitewww.evsahipleribirligi.org or within legal framework.
3.12. In order to provide better service to its users, improve its products and services and simplify the use of the site, ESB might use personal information of members for studies towards special preferences and fields of interest of users. ESB reserves the right to keep arecord of member's actions on www.evsahipleribirligi.org web site.
3.13. Member of ESB declares and accepts that he/she gave his/her consent for ESB and all subsidiaries of Doğan Online (DOL) to submit product and service promotions, ads, campaign information, advantages, surveys and other applications of customer satisfaction to himself/herself within the scope of applications already in effect and/or to-be-put-into-effect. Member declares and accepts that he/she gave his/her consent for his/her personal and shopping information and shopping and/or information regarding consumer behavior he/she gave while being a member of ESB and/or by other means in the past and/or he/she will provide in future to be collected for aforementioned, to be shared with all subsidiaries of DOL and to be used and archived by all affiliates of ESB and DOL. Unless notified otherwise, Member declares and accepts that he/she gave his/her consent the said data to be collected, shared with all subsidiaries of DOL and used and archived by all affiliates of ESB and DOL even after his/her membership expires. Unless Member notifies otherwise, he/she declares and accepts that he/she gave his/her consent for all affiliates of ESB and DOL to contact him/her via orgmunication channels like internet, phone, SMS, etc. Member declares and accepts that he/she shall not claim that he/she has incurred any direct and/or indirect, material and/or non-material, negative and/or positive, in short, any damages due to collection, sharing, usage, archiving or being accessed and shall not hold affiliates and subsidiaries of ESB and DOL responsible. In case Member wants to change his/her data sharing preferences, he/she can convey his/her request in this respect to customer call centers of ESB.
3.14. ESB can reveal the personal data of the member when it was requested as a legal obligation or (a) to orgply with legal requirements or orgply with legal procedures served upon ESB; (b) to protect and defend rights and ownership of ESB and ESB web site family when required, provided that ESB is convinced in good faith.
3.15. Precautions have been taken within the current bounds of possibility for disinfection of ESB web site from viruses and other similar malicious software. Besides this, the user is required to supply his/her own anti-virus system and provide necessary protection to ensure ultimate protection. In this context, Member shall be deemed to accept that he/she shall be responsible for all kinds of failures occur in his/her own software and operating system due to his/her entry to ESB web site or for their direct or indirect consequences.
3.16. ESB reserves the right to change the content of the site, change the nature of or terminate any service provided to users or delete user information and data stored on ESB web site at any time.
3.17. ESB can change, update or cancel the provisions of membership agreement at any time without the need for prior notice and/or warning. Each modified, updated or annulled provision shall take effect for all members on the date of publication.
3.18. The Parties accept and declare that all orgputer records of ESB shall be grounded on as the only and real exclusive evidence pursuant to Article 287 of HUMK (Code of Civil Procedure) and the said records constitute an evidential contract.
3.19. Even though ESB has the authority to send informing emails to its members' registered electronic mail addresses and SMS' to their mobile phones pursuant to this agreement, Member shall be deemed to accept the informing mails to be sent to his/her electronic mail address and informing SMS' to his/her mobile phone by confirming this membership agreement. In case Member wants to give up receiving email and/or SMS, he/she would cancel email and/or SMS delivery via "My Preferences" tab on the section of "My Page".
4. Termination of Agreement
This agreement shall be in effect till the member cancels his/her membership or cancellation of his/her membership by ESB. In case Member violates any provision of membership agreement, ESB may cancel member's membership and unilaterally terminate the agreement.
Membership duration is one year.
5. Settlement of Disputes
In settlement of disputes with regard to this agreement İstanbul Courts and Enforcement Offices are orgpetent.
Membership registration by the member shall mean the member has read all articles in membership agreement and accepted the articles included in themembership agreement. This agreement is concluded at the moment of the orgpletion of member's membership registry and mutually entered into force.