1. TERMS OF USE AGREEMENT FOR THE PORTAL, PARTIES, SUBJECT AND SCOPE
1.1. Please read the following terms and conditions before using this internet site (hereinafter referred to as "PORTAL"). If you do not accept these conditions, please do not use the "PORTAL". The owner of the "PORTAL" reserves the right to change the information, forms, content, "PORTAL" and terms of use of the "PORTAL" at any time as it sees fit.
1.2. The owner of this "PORTAL" is FILYARN TEKSTIL Mehmet Akif Dikicibaşı INDIVIDUAL COMPANY located at Cumhuriyet Mah. D-100 Karayolu Cad. Expoist Hotel İstanbul Outlet Park No:374 D:63 Büyükçekmece - İstanbul (hereinafter referred to as "filyarn"). The services provided on this "PORTAL" and listed in Article 3 of this agreement are provided by Filyarn Tekstil Tic. Ltd. Şti.
1.3. Any natural or legal person who makes use of the services offered on this "PORTAL" for a certain fee or for free, or who accesses the "PORTAL" in any way, shall be deemed to have accepted the following terms of use. "filyarn" reserves the right to change the provisions of this agreement at any time without notice to the "USER". These changes will be periodically published on the "PORTAL" and will be effective as of the date of publication. Any natural or legal person benefiting from the services of the "PORTAL" or accessing the "PORTAL" shall be deemed to have accepted any changes made to this agreement by "filyarn" in advance.
1.4. This "Terms of Use Agreement for the Portal" (hereinafter referred to as "Agreement") came into effect on 10/8/2014 and will remain in effect unless otherwise amended or terminated by "filyarn".
2. DEFINITIONS
2.1. SITE: The online environment where various services and content are offered within the framework determined by "filyarn", accessible from the main domain name www.filyarn.com and sub-domain names linked to this domain name.
2.2. USER: Any real or legal person accessing the "PORTAL" and/or the "filyarn DATABASE" online.
2.3. LINK: A connection enabling access to the "PORTAL" or another internet site, files, content or access to the "PORTAL", files and content from another internet site via the "PORTAL".
2.4. CONTENT: Any type of information, text, file, image, video, figures, etc., visual, written and auditory images, published or accessible from the "PORTAL".
2.5. "filyarn INTERFACE": The computer program issuing commands to the "PORTAL" in order to perform any type of transaction within the design, which is protected under the Intellectual and Artistic Works Law No. 5846 and all intellectual property rights belong to "filyarn", and used by "USERS" to view and query the content created primarily by "MEMBERS" from the "DATABASE".
2.6. Filyarn DATABASE: The database protected by the 5846 Law on Intellectual and Artistic Works, which stores, classifies, queries and accesses the content accessed through "PORTAL", which belongs to "filyarn".
2.7. "MEMBER": Any real or legal person who benefits from the special services offered by "filyarn" and who accepts the contracts specially prepared for these services by electronic approval given by "filyarn" on the "PORTAL" defined as "MEMBER" membership process, and who completes the "MEMBER"ship process defined by "filyarn" on "PORTAL".
2.8. "MEMBER AGREEMENT": The electronic agreement, which is an integral part of these site usage terms and conditions, and which is electronically concluded between "filyarn" and "MEMBER" as a result of the electronic approval given by "MEMBER" during the membership registration process on "PORTAL", determining the terms and conditions for the use of the special services offered by "filyarn" within "PORTAL". "Filyarn" may present "MEMBER AGREEMENT" with different names categorizing it according to different membership and/or service groups. In this case, the person to be "MEMBER" shall be deemed to have accepted the agreement related to the service chosen from the agreements regulating those services according to the service he or she wants to receive.
3. Filyarn SERVICES
3.1. General Description of Services: "Filyarn" provides access to the content and services within "PORTAL" to the "USERS" and "MEMBERS" through the internet, in accordance with the provisions of these terms of use and the "MEMBER AGREEMENTS" signed with the "MEMBERS".
3.2. Services Provided Free of Charge: "Filyarn" may offer certain services free of charge to the "USERS" and "MEMBERS" on "PORTAL". "Filyarn" reserves the right to change the nature and/or content of the services offered free of charge at any time, and to start charging for these services.
3.3. Services Provided for a Fee: "Filyarn" may offer certain services on "PORTAL" for a fee. The "MEMBERS" who want to benefit from these services are required to pay the fee specified in the relevant "MEMBER AGREEMENT" or on the pages within "PORTAL" where the relevant service is offered. "Filyarn" reserves the right to change the nature and/or content of the services provided for a fee, and the fee to be charged for these services at any time.
3.4. "Filyarn" also provides communication channels on "PORTAL" for "MEMBERS" to comment on and rate the profiles of other "MEMBERS" based on the ads and transactions they publish on "PORTAL" and to report their satisfaction with the transactions carried out on "PORTAL".
3.5. "Filyarn" offers various reporting services on the number of views of other "MEMBERS" and "USERS" on the transactions, preferences, and ads of "MEMBERS" on "PORTAL".
3.6. The services provided by "Filyarn" are not limited to those mentioned above. The basic services listed above may be supplemented with new services and the scope and terms of service of the services listed above may be changed at the sole discretion of "Filyarn". "Filyarn" may use this authority in any way it desires without any notice.
4. Conditions and Obligations for the Use of Filyarn PORTAL
4.1. "USERS" may only conduct transactions on "PORTAL" for legal purposes. The legal and criminal responsibility for every transaction and action of "USERS" and "MEMBERS" on "PORTAL" belongs to them.
4.2. "PORTAL" operates on the basis of the display of "CONTENT" uploaded to the "Filyarn DATABASE" by "MEMBERS". "Filyarn" does not guarantee the accuracy, security, or legality of the "CONTENT" displayed by "USERS" and does not assume any responsibility for such "CONTENT".
4.3. The "USER" agrees not to reproduce, copy, distribute, process, or engage in competition with "filyarn" directly or indirectly through any means, including but not limited to the actions described in this paragraph, any images, texts, visual and audio images, video clips, files, databases, catalogs, and lists on "PORTAL".
4.4. "Filyarn" is not responsible for the services provided by third parties on "PORTAL", the ads created by "MEMBERS", and the "CONTENT", or the institutions, employees, branches, or affiliates of "filyarn" that are in cooperation with "filyarn" and the products and services offered by them. "Filyarn" does not guarantee the accuracy, timeliness, completeness, reliability, or legality of the information, products, or services provided by third parties on "PORTAL" or the "MEMBERS", and does not assume any liability for any damages that may arise from the use of such information, products, or services.
4.5. "Filyarn" has the right to remove, alter, or rearrange the "CONTENT" shared by "MEMBERS" on "PORTAL" without any notice, to block "MEMBERS" or "USERS" from accessing "PORTAL" or to cancel their membership unilaterally if they violate the provisions of these Terms of Use or the law. "Filyarn" is not responsible for any damages that may be incurred by "MEMBERS" or "USERS" due to the removal, alteration, or rearrangement of the "CONTENT" shared on "PORTAL" or the blocking or cancellation of access or membership.
4.6. "Filyarn" has the right to use the "CONTENT" shared by "MEMBERS" on "PORTAL" for promotional and commercial purposes, to transfer or assign these rights to third parties, and to display, reproduce, or publish the "CONTENT" on any media it deems appropriate, provided that the "MEMBER" is identified as the owner of the "CONTENT". "MEMBERS" grant "filyarn" a perpetual, irrevocable, non-exclusive, worldwide, free license for the use of the "CONTENT" shared on "PORTAL" in accordance with these conditions.
4.7. "filyarn" reserves the right to change the services offered within "PORTAL" and the "CONTENT" accessed within "PORTAL" at any time without notice. "filyarn" can use this right without advance notice.
4.8. "KULLANICI"s and "ÜYE"s are obligated to promptly fulfill any requested changes or corrections by "filyarn". "filyarn" may make such changes or corrections if deemed necessary. Any damages or legal and penal responsibilities resulting from the failure of "KULLANICI"s and "ÜYE"s to timely fulfill requests for changes or corrections made by "filyarn" shall solely be the responsibility of the "KULLANICI" or "ÜYE" to whom the request was directed.
4.9. "USERS" are obliged to use the information they access within the "PORTAL" only for the purposes disclosed by the "MEMBER" or "filyarn" disclosing this information.
4.10. "filyarn" is a "Hosting Provider" pursuant to the Law No. 5651 and has obtained a "Hosting Activity Certificate" from the Telecommunications Authority Communications Directorate in accordance with the relevant mandatory legislation. In order to comply with the obligations imposed on "Hosting Providers" pursuant to the Law No. 5651 and the relevant legislation, "filyarn" records and stores the records specified in the relevant legislation regarding the transactions carried out by the "USERS" on the "PORTAL" within the legal period.
4.11. "filyarn" is obliged to fully and completely comply with the obligations specified in Article 5 of the relevant law as it is a "Hosting Provider" in accordance with the Law No. 5651.
4.12. "filyarn" may use, disclose, process, share, classify and store the information transmitted to it by "USERS" or "MEMBERS" through the "PORTAL" in accordance with the provisions of the "Privacy Policy" and "MEMBERSHIP AGREEMENT". "filyarn" may also use information such as the identity, address, e-mail address, telephone, IP address, which parts of the "PORTAL" the user or visitor visits, domain type, browser type, date and time for purposes such as statistical evaluation and providing personalized services.
4.13. It is forbidden to intensively extract information from the "filyarn DATABASE" in order to obtain the content accessed and/or viewed on the "PORTAL". Persons who intensively withdraw information from the "filyarn DATABASE" by not complying with this prohibition shall be subject to Article 243 (1) of the T.C.K. 243 (1) of the T.C.K., will be deemed to have unauthorized access to the information system and criminal prosecution will be initiated by filyarn.
4.14. It is lawful for third parties to access the database where the content accessed and/or viewed through the "PORTAL" is stored only for the purpose of viewing the relevant content and/or within the framework of the terms of use permitted in writing by "filyarn". Accesses other than this are unlawful; " filyarn " reserves its rights to demand, sue and follow-up.
4.15. It is forbidden to copy, reproduce, transmit, process and display the advertisements published on "PORTAL", "filyarn INTERFACE" on other websites and media without the written consent of "filyarn".
4.16. It is forbidden to display any kind of "CONTENT" accessed and/or displayed through the "PORTAL" in any communication medium, especially on the internet, other than the "filyarn site" by third parties without the written consent of "filyarn".
4.17. Personal data contained in the advertisements accessed and / or viewed through the "PORTAL" cannot be used, processed, transmitted, displayed and disclosed by third parties under any circumstances and under any circumstances without the written consent of the personal data owners and "filyarn".
4.18. "Filyarn DATABASE" and the information contained in this database cannot be copied, transferred to other databases and made available to the access and use of third parties from these databases without the written consent of Filyarn.
5. INTELLECTUAL PROPERTY RIGHTS
The information accessed or lawfully provided by users within this PORTAL and all elements of this PORTAL (including but not limited to the "filyarn DATABASE", "filyarn INTERFACE", design, text, images, html code and other code) (collectively referred to as the copyrighted works of "filyarn") belong to "filyarn" and/or have been obtained by "filyarn" under license from a third party. "USERS" do not have the right to resell, process, share, distribute, display or allow anyone else to access or use "filyarn" services, "filyarn" information and copyrighted works of "filyarn". Except as expressly permitted by "filyarn" within these "Site Terms of Use", you may not reproduce, process, distribute or prepare derivative works or prepare derivative works of "filyarn".
Unless expressly authorized by "filyarn" within these "Portal Terms of Use", "filyarn" reserves all rights to "filyarn" services, "filyarn" information, "filyarn" copyrighted works, "filyarn" trademarks, "filyarn" commercial appearance or other assets and information provided through this site.
6. CHANGES IN PORTAL TERMS OF USE
"filyarn" may, at its sole discretion, change these "Portal Terms of Use" at any time by announcing them on the "PORTAL". The amended provisions of these "Portal Terms of Use" shall become effective on the date of their announcement. These "Portal Terms of Use" cannot be changed by unilateral declarations of the user.
7. FORCE MAJEURE
In all cases deemed to be legally force majeure, "filyarn" shall not be liable for late performance or non-performance of any of these "Portal Terms of Use", privacy policy and "MEMBERSHIP AGREEMENT". These and similar situations shall not be considered as delay or non-performance or default for "filyarn" or any compensation obligation of "filyarn" shall not arise for these situations. The term "force majeure" shall be construed as events beyond the reasonable control of the party concerned and which "filyarn" could not have prevented despite exercising due diligence. Force majeure events include, but are not limited to, natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions.
8. APPLICABLE LAW AND JURISDICTION
In the implementation and interpretation of these "Portal Terms of Use" and in the management of legal relations arising within these "Portal Terms of Use", Turkish Law shall apply, except for Turkish conflict of laws rules. Istanbul Courts (Central) and Enforcement Offices are authorized to settle any disputes arising or that may arise from this agreement.
9. ENFORCEMENT and ACCEPTANCE
These "Portal Terms of Use" shall become effective on the date it is announced by "filyarn" in the "PORTAL". "USERS" and "MEMBERS" accept the provisions of this agreement by using the "PORTAL". "filyarn" may amend the provisions of this agreement at any time and the amendments shall enter into force on the date of publication on the "PORTAL" by specifying the version number and date of amendment.
