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1. PARTIES, SUBJECT, AND SCOPE OF THE PORTAL USAGE TERMS AGREEMENT
1.1. Please read the terms written below to use this website (referred to as "PORTAL"). If you do not accept these terms, please refrain from using the "PORTAL". The owner of the "PORTAL" reserves the right to change any information, forms, content, the "PORTAL" itself, and the usage terms of the "PORTAL" at any time.
1.2. The owner of this "PORTAL" is Anexxa Bilişim Teknolojileri Anonim Şirketi, located at Gülbahar Mah. Cemal Sururi Sokak Halim Meriç İş Merkezi No:15/E Şişli, ISTANBUL (hereinafter referred to as "MAKINATURKIYE"). The services provided on the “PORTAL” and specified in Article 3 of this agreement are supplied by Anexxa Bilişim Teknolojileri Anonim Şirketi.
1.3. Anyone who benefits from the services provided on this “PORTAL”, either for a fee or free of charge, or who accesses the "PORTAL" in any way, is deemed to have accepted the following terms of use. MAKINATURKIYE can change the terms specified in this agreement at any time without notifying the "USER". These changes will be periodically published on the “PORTAL” and will become effective on the date of publication. Every natural and legal person who benefits from the services of the "PORTAL" and accesses the "PORTAL" is deemed to have accepted in advance every change made to this agreement by "MAKINATURKIYE".
1.4. These "Portal Usage Terms" were last modified on 30.07.2011 (Version 1.0.) and have been made accessible and enforced for everyone using the "PORTAL" through publication on the website. These "Site Usage Terms" are also an inseparable part of any "Membership Agreement" made or to be made with users who will benefit from "MAKINATURKIYE" services for a fee or free of charge.
2. DEFINITIONS
2.1. SITE: The online platform where various services and content are offered within a framework determined by "MAKINATURKIYE", accessible from the main domain name www.makinaturkiye.com and subdomains linked to this domain name.
2.2. USER: Any natural or legal person accessing the "PORTAL" and/or "MAKINATURKIYE DATABASE" online.
2.3. LINK: A connection enabling access to content within the "PORTAL" or to another website, files, or content from the "PORTAL", or from another website to the "PORTAL".
2.4. CONTENT: All kinds of information, writings, files, images, videos, numbers, and other visual, textual, and auditory images published or accessible through the "PORTAL".
2.5. MAKINATURKIYE INTERFACE: The internet pages, protected under the Law on Intellectual and Artistic Works No. 5846 and owned by "MAKINATURKIYE", that give commands to the computer program for performing any transaction through the "PORTAL" for "USERS" to view the content created by "MEMBERS" and query the "MAKINATURKIYE DATABASE".
2.6. MAKINATURKIYE DATABASE: The database owned by "MAKINATURKIYE" and protected under the Law on Intellectual and Artistic Works No. 5846, where the content accessed from the "PORTAL" is stored, classified, queried, and accessed.
2.7. MEMBER: Any natural and/or legal person "USER" who benefits from the special services provided by "MAKINATURKIYE" by completing the "MEMBERSHIP" process defined by "MAKINATURKIYE" on the "PORTAL" and accepting the electronically prepared contracts specific to these services with electronic approval during the membership registration process.
2.8. MEMBERSHIP AGREEMENT: The electronic agreement, an inseparable part of these site usage terms, specifying the conditions for benefiting from the special services provided by "MAKINATURKIYE" within the "PORTAL", concluded electronically between "MAKINATURKIYE" and the "MEMBER" with the electronic approval given by the "MEMBER" during the membership registration process. "MAKINATURKIYE" may categorize the "MEMBERSHIP AGREEMENT" according to different membership and/or service groups under different names for the "MEMBER" to approve. In this case, the person who will become a "MEMBER" accepts the agreement related to the service they want to receive.
3. MAKINATURKIYE SERVICES
3.1. "MAKINATURKIYE" ensures that the content uploaded to the "MAKINATURKIYE DATABASE" by "MEMBERS" can be queried by "USERS" using interfaces on the "PORTAL" and viewed by "MAKINATURKIYE" interfaces on the "PORTAL".
3.2. "MAKINATURKIYE" provides its "MEMBERS" with the opportunity to publish their advertisements, establish virtual companies, offer their products and services for sale, receive and give offers, complete sales, collect sales amounts, and communicate with "USERS" and/or "MEMBERS" through various channels (e.g., short messages, emails, messages within the "PORTAL", etc.) within the "PORTAL" according to the "MEMBERSHIP AGREEMENT" and related explanations made within the "PORTAL".
3.3. "MAKINATURKIYE" provides various types of listing services within the "PORTAL" to prioritize the display of "MEMBERS" advertisements to make it easier for "USERS" to reach "MEMBERS" advertisements according to the "MEMBERSHIP AGREEMENT" and related explanations made within the "PORTAL".
3.4. "MAKINATURKIYE" provides "MEMBERS" with communication channels within the "PORTAL" to comment on the advertisements and transactions of other "MEMBERS" and express their satisfaction with the transactions carried out within the "PORTAL".
3.5. "MAKINATURKIYE" offers its "MEMBERS" reporting services within the "PORTAL" regarding the transactions they have carried out, their preferences within the "PORTAL", and the viewing counts of their advertisements by other "MEMBERS" and "USERS".
3.6. The services provided by "MAKINATURKIYE" are not limited to those listed above. The above-mentioned services are the basic services provided by "MAKINATURKIYE", and "MAKINATURKIYE" has the authority to add new services to these services and change the scope and terms of service delivery without any notification.
4. CONDITIONS AND OBLIGATIONS FOR USING THE MAKINATURKIYE PORTAL
4.1. "USERS" can only perform transactions on the "PORTAL" for lawful purposes. The legal and criminal responsibility for every transaction and action performed by "USERS" and "MEMBERS" within the "PORTAL" lies with them.
4.2. The "PORTAL" operates based on the principle of displaying the "CONTENT" uploaded to the "MAKINATURKIYE DATABASE" by "MEMBERS" for "USERS". "MAKINATURKIYE" does not guarantee the accuracy, safety, and legality of the "CONTENT" viewed by "USERS" under any circumstances and assumes no responsibility for this "CONTENT".
4.3. "USERS" agree and undertake not to reproduce, copy, distribute, process, and engage in direct and/or indirect competition with "MAKINATURKIYE" using any images, texts, visual and auditory images, video clips, files, databases, catalogs, and lists on the "PORTAL".
4.4. "MAKINATURKIYE" is not responsible for services provided by third parties within the "PORTAL", advertisements created by "MEMBERS", and "CONTENT" due to its collaboration with institutions, employees, branches, and managers of "MAKINATURKIYE" and authorized dealers of "MAKINATURKIYE".
4.5. "USERS" and "MEMBERS" agree and undertake that the information and content they provide within the "PORTAL" are accurate and lawful. "MAKINATURKIYE" is not obligated to investigate the accuracy of the information and content provided by "USERS" and "MEMBERS" to "MAKINATURKIYE" or uploaded, changed, and provided by them through the "PORTAL"; nor to guarantee that this information and content are safe, accurate, and lawful.
4.6. "USERS" and "MEMBERS" agree and undertake not to engage in activities that would cause unfair competition under the Turkish Commercial Code within the "PORTAL" and not to commit acts that would damage the personal and commercial reputation of "MAKINATURKIYE" and third parties, and not to infringe on personal rights.
4.7. "MAKINATURKIYE" reserves the right to change the services provided within the "PORTAL" and the "CONTENT" accessed within the "PORTAL" at any time. "MAKINATURKIYE" can use this right without any notification and deadline.
4.8. "USERS" and "MEMBERS" are obliged to promptly fulfill the changes and/or corrections requested by "MAKINATURKIYE". If necessary, "MAKINATURKIYE" can make the requested changes and/or corrections. Any damages, legal and criminal responsibilities that may arise or be caused due to the failure of "USERS" or "MEMBERS" to timely fulfill the changes and/or corrections requested by "MAKINATURKIYE" will be the sole responsibility of the "USER" or "MEMBER" 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 "MAKINATURKIYE".
4.10. "MAKINATURKIYE" is a "Hosting Provider" under Law No. 5651 and has obtained the "Hosting Provider Activity Certificate" from the Telecommunications Communication Presidency in accordance with the relevant mandatory legislation. "MAKINATURKIYE" keeps records of the transactions performed by "USERS" on the "PORTAL" within the legal period specified in the relevant legislation to comply with the obligations imposed on "Hosting Providers" under Law No. 5651 and related legislation.
4.11. As "MAKINATURKIYE" is a "Hosting Provider" under Law No. 5651, it is fully and completely obliged to comply with the obligations specified in Article 5 of the relevant law.
4.12. "MAKINATURKIYE" can use, disclose, process, share, classify, and store the information provided by "USERS" or "MEMBERS" within the "PORTAL" in accordance with the "Privacy Policy" and "MEMBERSHIP AGREEMENTS". "MAKINATURKIYE" can also use information such as the identity, address, email address, phone number, IP address, domain type, browser type, and date and time of the user or visitor for statistical evaluation and personal service purposes.
4.13. It is prohibited to extract a large amount of information from the "MAKINATURKIYE DATABASE" accessed through the "PORTAL". Individuals who extract a large amount of information from the "MAKINATURKIYE DATABASE" in violation of this prohibition will be prosecuted by Makinaturkiye for unauthorized access to the information system under Article 243 (1) of the Turkish Penal Code.
4.14. Accessing the database where the content accessed and/or viewed through the "PORTAL" is stored is only lawful for viewing the relevant content and/or within the usage conditions permitted in writing by "MAKINATURKIYE". Other access is unlawful, and "MAKINATURKIYE" reserves the necessary demand, lawsuit, and follow-up rights.
4.15. It is prohibited to copy, reproduce, transmit, process, and display advertisements published on the "PORTAL" and the "MAKINATURKIYE INTERFACE" without the written consent of "MAKINATURKIYE".
4.16. Any "CONTENT" accessed and/or viewed through the "PORTAL" cannot be displayed in any communication environment outside the "MAKINATURKIYE site" without the written consent of "MAKINATURKIYE".
4.17. Personal data in the advertisements accessed and/or viewed through the "PORTAL" cannot be used, processed, transmitted, displayed, or disclosed by third parties under any circumstances and conditions without the written consent of the personal data owners and "MAKINATURKIYE".
4.18. The "MAKINATURKIYE DATABASE" and the information contained therein cannot be copied, transferred to other databases, and opened to third parties' access and use without the written consent of Makinaturkiye.
5. INTELLECTUAL PROPERTY RIGHTS
All elements (including but not limited to the "MAKINATURKIYE DATABASE", "MAKINATURKIYE INTERFACE", design, text, image, HTML code, and other codes) accessed through this "PORTAL" or provided legally by users are the works subject to "MAKINATURKIYE" copyright. "USERS" do not have the right to resell, process, share, distribute, display, or allow others to access or use "MAKINATURKIYE" services, "MAKINATURKIYE" information, and "MAKINATURKIYE" copyrighted works. Except for situations explicitly permitted by "MAKINATURKIYE" under these "Site Usage Terms", "MAKINATURKIYE" copyrighted works cannot be reproduced, processed, distributed, or derived works prepared or created. "MAKINATURKIYE" reserves all rights to "MAKINATURKIYE" services, "MAKINATURKIYE" information, "MAKINATURKIYE" copyrighted works, "MAKINATURKIYE" trademarks, "MAKINATURKIYE" commercial appearance, or other assets and information provided through this site.
6. CHANGES TO THE PORTAL USAGE TERMS
"MAKINATURKIYE" may change these "Portal Usage Terms" at any time at its discretion by announcing it on the “PORTAL”. The changed terms of these "Portal Usage Terms" will be effective on the date they are announced. These "Portal Usage Terms" cannot be changed unilaterally by the user.
7. FORCE MAJEURE
In all cases deemed force majeure by law, "MAKINATURKIYE" is not liable for any delay or failure to perform any of the "Portal Usage Terms", privacy policy, and "MEMBERSHIP AGREEMENTS". Such situations will not be considered delay, non-performance, or default for "MAKINATURKIYE", nor will "MAKINATURKIYE" be liable for any compensation. The term "force majeure" includes events that are beyond the reasonable control of the relevant party and that "MAKINATURKIYE" cannot prevent despite exercising due care. These include, but are not limited to, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions.
8. APPLICABLE LAW AND JURISDICTION
In the implementation, interpretation, and management of legal relations arising within these "Portal Usage Terms", if there is a foreign element, Turkish Law will apply, excluding its conflict of laws rules. Istanbul Courts (Center) and Execution Offices are authorized to resolve any disputes arising from or related to this agreement.
9. VALIDITY AND ACCEPTANCE
These "Portal Usage Terms" will be effective on the date they are announced by "MAKINATURKIYE" within the “PORTAL”. "USERS" and "MEMBERS" are deemed to have accepted these terms by using the "PORTAL". "MAKINATURKIYE" can change the terms of this agreement at any time, and the changes will be effective on the date they are published on the "PORTAL" with the version number and change date indicated.