WEBSITE USAGE AGREEMENT
1. PARTIES
This Website Usage Agreement (“Usage Agreement”), Utkan Emek Seçgin Us Mimarlık İnşaat Dış Tic. and the User who logs in and/or becomes a member of the website, for the user's use of the website and at the time of approval by the user in the electronic environment where the website is located. By logging into the website and/or as a member, the user accepts and declares that he/she has read the entire Terms of Use, fully understands its content and approves all its provisions.
2. DEFINITIONS
Elephant's Craft: Utkan Emek Seçgin Us Mimarlık İnşaat Dış Tic.
Site: Refers to the website consisting of the domain name www.elephantscraft.com and the subdomains connected to this domain name.
Buyer: Refers to the user who purchases the goods and/or services offered for sale by the Seller, using the services offered on the Website.
Content: All visual, audio, written information shared on the site, as well as open data such as logo, signature, file, music.
Service: It refers to the applications put forward by Elephant's Craft within the website in order to enable the users to perform the works and transactions defined in the User Agreement.
User/Member: It refers to the natural or legal person who logs in and/or becomes a member of the website and benefits from the services offered on the website within the conditions specified in this User Agreement. Sellers and Buyers become members of the website as Users.
Product: Means all kinds of goods and/or services offered for sale by the Seller on the Website.
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1 The subject of the User Agreement is the determination of the services offered on the website, the terms of benefiting from these services and the rights and obligations of the parties.
3.2 The scope of the User Agreement, the User Agreement and its annexes, and the declarations made by Elephant's Craft regarding usage, membership and services included in the website, such as warnings, texts and explanations.
3.3 By accepting the terms of the User Agreement, you also accept that you will comply with all kinds of statements made by Elephant's Craft regarding use, membership and services on the website.
4. MEMBERSHIP AND SERVICE TERMS OF USE
4.1 Membership is completed by sending the required identity information to become a member of the website by the person who wants to be a User from the relevant section of the website, and by confirming the registration process by Elephant's Craft. Before the membership process is completed, you cannot have the right and authority to become a User defined in this User Agreement.
4.2 In order to become a member of the Website, it is necessary to be of age and not to be temporarily suspended from membership or be banned from membership indefinitely by Elephant's Craft. The completion of the website registration process of minors or persons who have been temporarily suspended from membership by Elephant's Craft or who have been banned indefinitely by Elephant's Craft pursuant to article 5.2 of this User Agreement, as stated above, will not result in becoming a website member.
5. RIGHTS AND OBLIGATIONS
5.1 User's Rights and Obligations
5.1.1 The user shall act in accordance with all the conditions in the User Agreement, the rules specified in the relevant parts of the website and all applicable legislation while performing the membership procedure, benefiting from the services of the website and performing any action related to the services on the website. , accepts, declares and undertakes that it understands and approves all the terms and rules stated above.
5.1.2 In case of alleged violation of the rights of other Users and third parties, the User, in accordance with the provisions of the Confidentiality Terms and the provisions of the mandatory legislation in force, the confidential/private/commercial information belonging to Elephant's Craft to both the official authorities and the rights. It accepts, declares and undertakes that it will be authorized to disclose to the owners and therefore no compensation can be claimed from Elephant's Craft under any name.
5.1.3 Issues related to the security, storage, keeping away from third parties' information and use of the means of accessing the system (User name, password, etc.) used by the Users in order to benefit from the services offered by Elephant's Craft are the sole responsibility of the Users. Elephant's Craft has no direct or indirect liability for any damages incurred or to be incurred by the Users and/or third parties due to all negligence and faults in the security, storage, keeping away from third parties' information, use of the users' means of accessing the system. is not born.
5.1.4 Users accept, declare and undertake that the information and content provided by them within the website are correct and in accordance with the law. Elephant's Craft is not liable and responsible for investigating the accuracy of the information and content transmitted to Elephant's Craft by the Users or uploaded, changed or provided by the Users on the website, and undertaking and guaranteeing that this information and content is safe, correct and legal. It cannot be held responsible for any damages that may arise due to the inaccuracy or inaccuracy of the information and content in question.
5.1.5 The user cannot transfer his rights and obligations under the User Agreement, in whole or in part, to any third party without the written consent of Elephant's Craft.
5.1.6 Those who benefit from the services offered by Elephant's Craft and those who use the website can only operate on the website for lawful purposes. The legal and criminal responsibility of the users in every transaction and action they take within the website belongs to them. Each User shall not reproduce or copy pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists on the website in a way that violates the real or personal rights or property of Elephant's Craft and/or another third party, It accepts, declares and undertakes that it will not distribute, process, or enter into direct and/or indirect competition with Elephant's Craft either with these actions or by other means. Elephant's Craft cannot be held responsible in any way, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities of the Users on the Website in violation of the provisions of the User Agreement and/or the law.
5.1.7 Elephant's Craft, Elephant's Craft employees or managers are not responsible for the services provided and the content published on the Website by third parties, including users. The commitment of the accuracy and legality of the information, content, visual and audio images provided and published by any third party is entirely the responsibility of the persons performing these actions. does not warrant or guarantee its suitability.
5.1.8 Users accept, declare and undertake that they will not act in a way to transfer money between their own memberships on the Website and their relatives' memberships, and that they will not act to manipulate the operation of the Website, otherwise they will indemnify Elephant's Craft for all kinds of losses.
5.2 Rights and Obligations of Elephant's Craft
5.2.1 Elephant's Craft is able to change the Services and content offered on its Website at any time; It reserves the right to close and delete the information and content uploaded to the system by the Users, to the access of third parties, including the Users. Elephant's Craft can use this right without any prior notice. The User immediately implements the changes that Elephant's Craft requests to be made by the User. The User shall be responsible for the compensation of the damages arising from the failure of the Users to fulfill the change and/or correction requests requested by Elephant's Craft in a timely manner.
5.2.2 Elephant's Craft may 'link' through its Website to other websites and/or portals, files or content owned and operated by third party vendors, providers and other third parties that are not under Elephant's Craft's control. These 'links' may be provided by the Users or by Elephant's Craft for ease of reference only and do not constitute any kind of representation or guarantee for the purpose of supporting the website or the person who operates it, or for the website or the information it contains. Elephant's Craft has no responsibility for the portals, websites, files and content accessed through the 'links' on the website, the services or products offered from the portals or websites accessed through these 'links' or their content.
5.2.3 Elephant's Craft does not act as a mediator or arbitrator in disputes arising between Users regarding the Services provided and the Products on the Website.
5.2.4 Elephant's Craft is required to detect messages and/or content between Users that occur on the Website and which are contrary to the operation of the Website and/or the User Agreement and/or the general rules of the Website and/or general morality and which cannot be accepted by Elephant's Craft. can scan for content and/or messages and remove the detected messages and/or content from access at any time and in any way; It may terminate the User's membership, temporarily or permanently, without any notice.
5.2.5 As a result of the approval and implementation of the User Agreement, no partnership, agency or employee-employer relationship arises between Elephant's Craft and the User.
5.2.6 The User undertakes not to violate the legal rights of third parties such as copyright, trademark, trade name while determining the "User Name" name. In the event that the Users violate the provision of this article, he may request the correction of this situation, which is contrary to the Elephant's Craft Usage Agreement, or may cancel the User's membership temporarily or permanently, if he wishes, without prior notice to the User.
6. PRIVACY PROVISIONS
Elephant's Craft may use the information about the Users in accordance with the regulations in the Privacy Provisions on this Website. Elephant's Craft will not use the confidential information of the Users contrary to the User Agreement and Confidentiality Terms.
7. INTELLECTUAL PROPERTY RIGHTS
Users may not resell, share, distribute, exhibit, reproduce, create or prepare derivative works from Elephant's Craft Services, Elephant's Craft information and Elephant's Craft's copyrighted works offered on the Website, or make use of another person's Elephant's Craft Service. cannot allow them to access or use their . otherwise, they will be responsible for meeting the amount of compensation demanded from Elephant's Craft for the damages incurred by third parties, including but not limited to the licensors, and any other obligations, including but not limited to court costs and attorney's fees. All assets belonging to UTKAN EMEK SEÇGİN US MİMARLIK İNŞAAT ve DIŞ TİCARET and Elephant's Craft brand, including services, information, copyrighted works, trademarks, commercial appearance or any material and intellectual property rights owned through the Website, All rights regarding real and personal rights, commercial information and “know-how” are reserved. Users agree, declare and undertake not to violate any Intellectual and Industrial Property Rights of Elephant's Craft and other Users on the Website.
8. CONTRACT CHANGES
Elephant's Craft may, at its sole discretion and unilaterally, change this User Agreement and its annexes at any time it deems appropriate, by posting it on the Website. The amended provisions of this User Agreement will become valid on the date they are announced; The remaining provisions will remain in effect and continue to have consequences.
9. FORCE MAJEURE
In all cases considered force majeure, Elephant's Craft is not responsible for late or incomplete performance or non-performance of any of its acts determined by this Agreement. In cases of force majeure; delay, incomplete performance or non-performance or default shall not be deemed as or compensation under any name by the User from Elephant's Craft. The term force majeure; Including but not limited to natural disasters, riots, wars, strikes, cyber attacks, communication problems, infrastructure and internet failures, cyber attacks, system improvement or renewal works and malfunctions that may occur due to this, power outage and bad weather conditions. It will be interpreted as unavoidable events beyond Elephant's Craft's reasonable control and which cannot be prevented despite due diligence.
10. APPLICABLE LAW AND AUTHORIZED COURTS
Turkish Law will be applied in the implementation, interpretation and management of legal relations arising within the provisions of this User Agreement. Izmir Courts and Execution Offices are authorized in the settlement of any dispute arising or to arise from this User Agreement.