This "YATVİTRİNİ" Membership Agreement, consisting of this agreement and the documents and annexes, which are referenced in and a part and parcel of this agreement (collectively referred to as "the Agreement") between
Vido Telekomünikasyon Hizmetleri ve İletişim Ltd. Şti. (will be referred to as "YATVİTRİNİ") resident in Küçük Bebek Cad. Dayıbey Sok No:2/2 Beşiktaş/İSTANBUL
And the "Member" who registers to "YATVİTRİNİ" portal under the conditions set forth in this Agreement has become effective by mutual acceptance as the Member electronically gives consent.
"Member": The natural and/or legal person(s) who become(s) a member of www.yatvitrini.com portal and who utilize(s) from the Services provided on the Portal in accordance with the conditions designated in this Agreement.
"User": Natural or legal person who accesses to the "Portal" online.
"Seller": Natural and/or legal person "Member" who, by using the "Secure Electronic Commerce" service designated in this agreement; offers for sale the goods and/or services on which he/she has the peaceable right and capacity to make all kinds of dispositions.
"Portal": The website consisting of the www.yatvitrini.com domain name and the sub domain names of www.yatvitrini.com domain name.
"Yatvitrini Membership Account": Members private internet page through which he/she conducts the activities and transactions required for utilizing from the Services provided within the Portal; he/she makes requests to Yatvitrini about membership issues; he/she can update his/her membership information and display reports on services provided within the Portal and which can merely be accessed through the Portal with the "user name" and "password" that are solely designated by the Member and that the Member undertakes to solely use by himself/herself.
3. SUBJECT AND SCOPE OF THE AGREEMENT
Subject of this agreement is to designate the Services which are provided on the "PORTAL" by "YATVİTRİNİ", the conditions for utilizing from such Services and the related rights and obligations of the parties. The scope of this Agreement is; this agreement, its annexes and the announcements such as warnings, explanations etc. made on the Portal by "YATVİTRİNİ" concerning the usage, membership and Services. The "User", by agreeing to the provisions of this Agreement, also agrees to all kinds of announcements made by "YATVİTRİNİ" concerning the usage, membership and Services within the Portal. The User agrees, declares and undertakes to act in accordance with all of these announcements.
4. CONDITIONS OF MEMBERSHIP AND USAGE OF SERVICE
4.1 Membership procedure shall be completed when the necessary identity information and other documents identified by "YATVİTRİNİ " are provided by the user who wants to become a member of the Portal; the accuracy of the provided information is confirmed; payment of the related fee (this shall occur if in the membership form there is a required fee for the Service requested to be utilizied from) and YATVİTRİNİ's confirmation of the registration. The Membership right and capacity designated in this Agreement, shall not be gained before the membership procedure is completed.
4.2 The requirements for becoming a Member of the Portal are; to be at lawful age, to be authorized to represent and bind a legal person (for the legal person members) and not to have been temporarily suspended from membership or perpetually banned from membership by "YATVİTRİNİ". Membership applications by persons who are not at lawful age or who are not authorized to represent and bind a legal person (for the legal person members) or by persons who have been temporarily suspended from membership or perpetually banned from membership by "YATVİTRİNİ" would prevent the use of any membership rights even if the registration procedures have been completed.
4.3."YATVİTRİNİ" shall have the right to unilaterally and without any cause terminate this agreement, terminate the membership of the member or terminate or temporarily suspend the membership of the member without terminating this agreement without notice and without any need for indemnity. Such termination/ suspension shall immediately become effective. YATVİTRİNİ's decisions to terminate this agreement or to terminate or suspend membership shall be given by YATVİTRİNİ's sole discretion in events of: a violation of this Agreement or of the terms designated within the Portal; YATVİTRİNİ's determination that the activities or transactions made by the Member or related results of such activities or transactions would cause a risk for YATVİTRİNİ's information security system; YATVİTRİNİ's commercial decisions; or YATVİTRİNİ's determination that the related result would cause a legal risk.
5. RIGHTS AND OBLIGATIONS
5.1 MEMBER?S RIGHTS AND OBLIGATIONS
5.1.1 The Member agrees that while fulfilling the membership procedures, utilizing from the Services on the "PORTAL" or making any transactions in relation to the Services on the "PORTAL", he/she shall comply with all the terms and conditions designated by this Agreement, rules/announcements available in the relevant sections of the "PORTAL" and the legislation in force and that he/she understands and confirms all the terms and conditions stated above.
5.1.2 The Member agrees that in theevent that "YATVİTRİNİ" is obliged by the compulsory legislation to make a disclosure to the public authorities, "YATVİTRİNİ" shall be authorized to disclose to the public authorities the confidential/ private/ commercial information of the users when duly requested by the public authorities and no indemnification under no name shall be requested from "YATVİTRİNİ " for this reason. Additionally, in the event that YATVİTRİNİ is informed by a third party that a member's listing provided on the Portal is infringing his/her rights and that he/she will initiate legal action or YATVİTRİNİ is informed by a disputed "Buyer" or a "Seller" that he/she will initiate legal action in relation to that dispute; YATVİTRİNİ shall have the right to disclose the related Member?s name and surname information to the informing party.
5.1.3 Matters in connection with the security, storage, keeping away from third parties? knowledge, sole usage of the "user name" and "password" that the Members use for accessing YATVİTRİNİ MEMBERSHIP ACCOUNT for utilizing from the Services provided by "YATVİTRİNİ"; are under the sole responsibility of the Member. Members shall be responsible for any damages that the Members, YATVİTRİNİ and/or any third parties suffer or may suffer resulting from the negligence or fault of the Members concerning the matters in connection with the security, storage, keeping away from third parties? knowledge, sole usage of the "user name" and the "password".
5.1.4 The Members agree and undertake that the information and content provided by them on the "PORTAL" are accurate and lawful, that the publication on the PORTAL of such information and content or the sale and the exposure of the items related with such content do not create any contradiction to the effective regulations."YATVİTRİNİ " shall have no responsibility or obligation to investigate or to undertake and guarantee the security, accuracy or legality of the information and content forwarded to "YATVİTRİNİ" by the Members or uploaded, changed or provided on the "Portal" by the Members; YATVİTRİNİ shall have no responsibility or obligation to provide that the internet publication of such content or the sale or exposure of the items related with such content do not create any contradiction to law. "YATVİTRİNİ " shall have no liability for any damages resulting from the inaccuracy or faultiness or publication of such information or content.
5.1.5 The Members shall not partially or fully transfer this agreement or their rights and obligations within the scope of this agreement without the written approval of YATVİTRİNİ.
5.1.6 The persons who utilize from the Services provided by "YATVİTRİNİ" and the persons who use the PORTAL shall only make lawful transactions (for lawful purposes) on the "PORTAL. The legal and criminal liability for every action and transaction made by a Member within the PORTAL shall lie on that Member. The Member agrees and undertakes not to reproduce, copy, distribute, process, upload any picture, text, visual or audio image, video, file, database, catalogue and list that constitute a violation of the assets or financial or personal rights of "YATVİTRİNİ " and/or any other third parties and not to directly and/or indirectly compete with "YATVİTRİNİ" by neither these acts nor any other means. "YATVİTRİNİ" shall have no direct and/or indirect liability for any damages that any third parties suffer or may suffer from the Members" illegal or contradictory (to this Agreement or to law) activities on the "PORTAL".
5.1.7 In relation to the listings on the Portal and the Sahibinden Interface, YATVİTRİNİ permits the display of the listings and use of YATVİTRİNİ INTERFACE for the sole purpose of User's learning the content of the related listings, on the other hand any other acts to access the database for any other purpose such as copying a listing, directly/indirectly publishing those listings on any other channels, compiling such listings, processing such listings, providing links to the listings, are all prohibited. Any use of YATVİTRİNİ DATABASE outside the scope designated in this Article, is against the law and YATVİTRİNİ's related rights to pursuit, lawsuit and claim are reserved.
5.1.8. "YATVİTRİNİ DATABASE" and information stored at the "YATVİTRİNİ DATABASE", can not partially or in whole be copied, transferred to another database or opened to access or use of any third parties from such databases without the written approval of "YATVİTRİNİ".
5.1.9 "YATVİTRİNİ", its employees or executives shall have no responsibility for any services provided on and/or any content published on the "PORTAL" by third parties including the Members. The responsibility to undertake the accuracy and legality of the information, content, visual and audio images that are provided or published by any third parties is entirely on the person who does these acts. "YATVİTRİNİ" does not undertake and guarantee the security, accuracy and legality of the services and content provided by any third parties including the Members.
5.1.10. With respect to his/her actions and transactions on the Portal; the Member accepts, declares and undertakes that as an advertiser, seller, tax payer or under any other capacity, he/she is obliged to take/fulfill the legally required measures and procedures; that YATVİTRİNİ shall have no obligation or responsibility in relation to such measures and procedures; that he/she shall be responsible for any kinds of damages suffered/may be suffered by other Members, YATVİTRİNİ and/or any third parties from any of his/her faults or negligence to fail to take/fulfill such measures and procedures.
5.2.1 "YATVİTRİNİ" accepts, declares and undertakes to provide the services designated by this agreement in accordance with the terms of this Agreement and the explanations stated in the "YATVİTRİNİ Membership Account" related with the related service; save for the provisions stated in Article 4 of this Agreement to build and manage the technological infrastructure required for providing the services designated by this Agreement. The technological infrastructure building obligation specified by this article shall not be an absolute and complete service undertaking. YATVİTRİNİ may at all times without notice terminate or cease the services designated by this agreement as well as the technological infrustracure.
5.2.2 The rights of "YATVİTRİNİ " to change at all times the Services and contents provided on the PORTAL; to block access of third parties (including the Members) the information and content uploaded to the system by the Members as well as to delete such information and content; are reserved. "YATVİTRİNİ " can use these rights without any notice and in a way to become effective immediately. The Members are obliged to urgently make the changes and/or modifications requested by "YATVİTRİNİ". In case deemed necessary, the changes and/or modifications requested by "YATVİTRİNİ " can be made by "YATVİTRİNİ ". In the event that the changes and/or modifications requested by "YATVİTRİNİ " from the Members, shall not be made by Members on time, the full legal and criminal responsibility for the damages that result or may result from that, shall lie with the Members..
5.2.3 On the "Portal", links to websites, portals, files or to content owned or managed by Seller(s), providers or other third parties that are not under YATVİTRİNİ?s control,; may be provided. Such links may have been provided by the Members as well as by YATVİTRİNİ (for ease of reference). Such links shall not constitute a support of the owner of the linked website or content and shall not constitute any endorsement, recommendation or favor or any other kind of declaration or a guarantee of the information in the linked website or content. "YATVİTRİNİ " shall have no responsibility concerning the portals, web sites, files and contents accessed via the links on the PORTAL, the services or goods provided on that linked portals or websites or their content.
5.2.4 "YATVİTRİNİ " may use in any way the content uploaded by the Members to the Portal as well as the membership information for providing the security of the Member as well as for fulfilling its own obligations or for some statistical evaluations. YATVİTRİNİ may classify and store such content and information on a database.
5.2.5 "YATVİTRİNİ" may at any time and by any way block access to the messages or contents that are in contradiction with the running of the Portal, the law, other?s rights, terms of this agreement; general rules of ethics. "YATVİTRİNİ" can, without further notice, terminate the Membership of the Member who provides such messages or content.
6. "YATVİTRİNİ" Services and Conditions of Use
On the Portal, "YATVİTRİNİ" shall provide to the "Members" the "services" within the scope and conditions of use as determined by this agreement. Main goals of the services provided by "YATVİTRİNİ" are as follows;
"Marketing, presentation and advertising by way of displaying the content uploaded to the Portal by the Member via "YATVİTRİNİ Member Account" so that the goods and services on which the Member has the legal right of disposal can be made a subject of a legal transaction for a fee such as sales, rent, swap etc.
6.1 "YATVİTRİNİ" LISTING SERVICES
6.1.1 Through YATVİTRİNİ Membership Account, "MEMBER" shall create the listings using the interfaces on the "YATVİTRİNİ Membership Account", in accordance with the "Listing Programs" that are determined by "YATVİTRİNİ", and shall upload them to the "YATVİTRİNİ Database".
6.1.2 "YATVİTRİNİ" accepts, declares and undertakes to provide the "Listing Programs" to the selection of the Member within the conditions in the "YATVİTRİNİ Membership Account" and to evaluate the requests and the selections of the "Member" related to the "Listing Program", and depending on the affirmative evaluation publishing the listing(s) of the "Member" in accordance with the explanations made at the "YATVİTRİNİ Membership Account"
6.1.3 "YATVİTRİNİ" shall evaluate the listing(s) created by the "Member" in accordance with and accept or decline to publish those listings. YATVİTRİNİ shall freely assess and determine the criterias, conditions and duration of evaluation of the publishing request of the listings and shall publish those criterias and conditions at the "Listing Programs" section of the "Portal".
6.1.4 “YATVİTRİNİ" may temporarily or permanently stop the publishing of the relevant listing, if the listings published at the Portal are illegal and/or immoral, infiringing others? personal and commercial rights or being respondent to that kind of formal notices, or directly or indirectly being against the terms of this agreement and the terms and conditions at the "Portal" or in the conditions stated at the Article 4.3 of this agreement. YATVİTRİNİ shall not perform any back payment against a return invoice; similarly, "Member" accepts, declares and undertakes that he/she shall not request and sue for the back payment of the price that is paid for the "Listing Programs"
6.1.5 "YATVİTRİNİ" may contract with third parties for the display of the Member?s listings on other sites or search engines. "Member" declares and accepts that by this agreement he/she has granted an explicit authority and right to "YATVİTRİNİ" for this issue.
6.1.6 "Member" accepts, declares and undertakes that he/she shall be irrevocably binded by the his/her selections relating to "Listing Programs" as well as all the operations and requests that he/she has performed using the "YATVİTRİNİ Membership Account".
6.1.7 "Member" accepts, declares and undertakes all the responsibility of the acts and actions performed using the "YATVİTRİNİ Membership Account", Member accepts, declares and undertakes he/she may not use a defence/objection that those acts and actions are not performed by him/her, and/or, he/she may not abstain from his/her obligations on the basis of those defences.
6.1.8 "Member" accepts, declares and undertakes that he/she shall not perform any illegal acts including defamation, detraction, criminal commercial libel, menace, or harresment, and that he/she shall not use the"portal" utilities with unsolid or overloading attempts, and shall not let the discreditable, pornographic or immoral content to be used at the listings that will be published at the "Portal".
6.1.9 "Member" shall advertise his/her goods and services with accurate and lawfull information. It is prohibited to list goods and services that the Member does not hold a legal right of disposal, the goods and services designated at the Annex-3 which is the inseperable part of this agreement. "YATVİTRİNİ" may suspend, exclude from the membeship, or ban those "Members", and may terminate this agreement unitarelly and without any paying pack liability.
6.1.10 "Member" accepts, declares and undertakes that he/she shall not put up any listings or there shall not be any listings including any content, or visuals such photograph or video against any legislation including but not limited to the regulations on the protection of the consumer, intellectual property, unfair competition and advertising.
6.1.11 "Member" accepts, declares, and undertakes to perform specific performance of all the acts and activities that are stated by "YATVİTRİNİ" and to fulfill the payment for the "Listing Programs" that he/she has chosen in the way stated at that specific Listing program.
6.1.12 Member may publish his/her own listings at his/her own area, with the content and information that will be determined by the member, as it is specified at the "Portal"s "Stores" section. In order to publish his/her listing(s) as designated by this article, in addition to this agreement, the member shall pay the prices stated at the "Stores" section at the"Portal", and shall obey the terms and conditions at the related section, and accept, declare and undertake to obey the terms and conditions at the Annex-7 "Store Conditions of Use"
7. Evaluation System for Member Profiles
7.1. Evaluation system for member profiles is an evaluation and grading system, which solely consists of "MEMBER"s grading, created to provide a secure communication and trade between "MEMBER"s and for the purpose of "MEMBER"s and "USER"s to maintain an opinion about other "MEMBER"s. Only "MEMBER"s and "YATVİTRİNİ" have the right to send new messages to member profiles. When "MEMBER"s add new comments to member profiles, they will add these comments merely in accordance with the experience and knowledge they gained from using "YATVİTRİNİ", its "services" and the "Portal".
7.2. Every kind of civil and criminal liability for the comments of the "MEMBER"s in creating new membership profiles and adding comments to profiles is at the peril of the "MEMBER" who added the comment. "YATVİTRİNİ" will not have any civil liability for the comments made in such profiles.
7.3."MEMBER" may not manipulate the evaluation system for member profiles for any reason and by any means, may not force the other side of the transaction to make positive comments or may not prevent his/her negative comments. In case she/he does that, the Member agrees and declares to compensate all the damages of "YATVİTRİNİ" arised from these actions, and agrees and declares that "YATVİTRİNİ" shall have the right to uniletarelly and without further notice terminate this agreement and terminate the membership of the "MEMBER".
7.4. "MEMBER"s may not hand over their own member profiles to other "MEMBER"s and may not let them use the profiles in any way and under no terms or conditions. "MEMBER"s agree and declare that in case they hand their own member profiles over to others or let them use the profiles, "YATVİTRİNİ" shall have the right to uniletarelly and without further notice terminate this agreement and terminate the membership of the "MEMBER".
7.5. "MEMBER"s agree and declare that in case they violate the rules indicated by "YATVİTRİNİ" in the Portal or in this agreement or in one of its annexes, as a penalty "YATVİTRİNİ" may diminish points from their profiles.
9.1.Intellectual Property Rights
9.2 Amendments to the Agreement
"YATVİTRİNİ " can at any time amend this Agreement unilaterally and in its sole discretion by making an announcement on the "PORTAL". The amended provisions of this Agreement shall become valid on the date of their announcement and the rest of the provisions shall remain in full force and effect. This Agreement shall not be amended by unilateral decleration of the Member.
9.3 Force Majeure
In cases which are legally deemed as force majeure; "YATVİTRİNİ" shall not have any obligations for not fulfilling or for fulfilling in an imperfect or delayed way one of its obligations designated in this Agreement. These and similar cases shall not be deemed as delay, imperfect fulfilment, unfulfillment or default and no indemnifications under any name shall be requested from "YATVİTRİNİ" for these kind of cases. Force majeure shall be interpreted as inevitable cases including but not limited to natural disasters, riots, war, strikes, communication problem, infrastructure and internet failures, system modification or system refurbishment works, or any malfunction, electrical power cut and bad weather which happen outside the reasonable control of "YATVİTRİNİ" and which "YATVİTRİNİ" could not avoid although it has shown the necessary attention.
9.4 Applicable Law and Jurisdiction
Turkish Law shall be applied in the application and interpretation of this Agreement. In the event that the legal relations within the scope of this Agreement include an element of foreignness, Turkish law shall be applied except for the Turkish rules of Conflict of laws. Istanbul Central Courts and executive offices shall be the competent jurisdictions for any conflicts that occur or might occur within the scope of this Agreement.
9.5 Validity of the Records of "YATVİTRİNİ"
The "MEMBER" agrees, declares and undertakes that in the event of any conflicts that might occur from this Agreement, the electronic and system records that "YATVİTRİNİ" keeps in its own database and servers, "YATVİTRİNİ "'s commercial records, "YATVİTRİNİ"'s book records, "YATVİTRİNİ"'s microfilm microfiche and computer records shall constitute valid, binding, absolute and exclusive evidence. The Member agrees, declares and undertakes that he/she holds "YATVİTRİNİ" harmless from offering to swear. The Member agrees, declares and undertakes that this Article constitutes an evidence agreement within the meaning of Article 287 of the Turkish Code of Civil Procedure.
This Agreement (including the documents and annexes referenced by this Agreement which are part and parcel of this Agreement) shall become effective by mutual agreement as the Member electronically gives consent.