This Agreement is signed between 'EMPARAZON LLC' (“Company”), headquartered at '30 N Gould St Ste R Sheridan, WY 82801 US' and a member of the 'www.emparazon.com' website (“Site”) (“Member”) between them under the following conditions.
After completing the registration process on the Site, the Member can start using the Site by entering his/her e-mail address and password, provided that he/she complies with the conditions specified in this Agreement.
In case the Agreement is concluded on behalf of a legal entity, the person concluding the Agreement is authorized to carry out such a transaction on behalf of the said legal entity, otherwise (in case of unauthorized transaction) for all the resultant transactions he/she has made or will do thereafter. accepts, declares and undertakes that it is personally responsible.
The Member accepts that he/she will be deemed to have accepted all the terms of the Agreement from the moment he/she starts to benefit from the services and these terms will be binding on him/her.
The Company reserves the right to change the following terms and conditions, when necessary in accordance with the legislation or this Agreement, at its own discretion, by providing information on the Site and obtaining approval from the Member when the Member first logs into his account through the Site.
1.1. The company is a site open to everyone who is a member of the Site. Services provided on the site are divided into paid and free services.
1.2. The Member accepts, declares and undertakes that he/she will act in accordance with all the conditions in the Agreement and the rules specified in the relevant parts of the Site when using the Site.
1.3. While benefiting from the services offered on the Site, the Member shall comply with the provisions of the Code of Obligations, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Protection of Trademark and Patent Rights, the Law on the Protection of Personal Data, and the related Laws, Decree-Laws and other relevant legislation. The Company agrees to abide by all kinds of announcements and notices to be published regarding its services. All legal, penal and financial responsibilities that may arise due to these notifications and illegal use belong to the Member.
1.4. The Member shall indemnify all kinds of losses incurred by the Firm due to the act contrary to the obligations undertaken by it herein; The Firm has the right of recourse to the Member for any compensation and administrative/judicial fines that the Member may have to pay to public institutions and/or third parties due to the Member's behavior contrary to the Agreement.
1.5. The member cannot take actions that prevent or make it difficult for other members and visitors to use the Site; cannot load and lock servers or databases with automated programs, or attempt to mislead data; otherwise, his membership will be terminated and he will assume all legal and criminal liability that may arise from this situation.
1.6. It is the responsibility of the individuals to back up the correspondence made with the Company and is recommended by the Company. The Company cannot be held responsible for the loss or deletion of correspondence due to non-backups.
1.7. Any record of the membership account terminated by the Firm or the Member itself may be kept by the Firm, subject to the conditions stipulated by the Personal Data Protection Law; however, the Company is free to delete such records from the moment the membership ends. The member cannot claim any right or compensation regarding the deleted records. However, the Member's right to be informed about his/her personal data is reserved. The said right may be exercised in accordance with the provisions of article 5 below.
1.8. The Member declares and undertakes that the personal and other information provided while registering or shopping on the Site is correct and up-to-date, and that if this information is not accurate or up-to-date, he will fully and promptly compensate the Company for all losses incurred for this reason.
1.9. The risks related to the links (links to different websites) on the Site for the purpose of providing information and convenience to the visitors belong to the Member.
1.10. The visual and written content presented on the Site is for personal use. All rights of all texts, graphics, photos, videos, animations and sounds in the content of the site are reserved; Unless otherwise stated, it cannot be used for commercial or personal purposes without permission and reference. It is forbidden to publish or link any element of the Site in another medium or website without the permission of the Company.
1.11. The Member may not use, resell, share, distribute, exhibit, reproduce, process, create derivative works from, or prepare, in any way, the Company's copyrighted works on the Site. Otherwise, the Member is responsible for all damages that the Company may suffer.
1.12. It is strictly forbidden to copy or use the software used in the design of the pages and the creation of the database, and all rights belong to the Company.
1.13. The Member cannot delete or remove the notes under copyright, trademark and Law on Intellectual and Artistic Works from any material copied from the Site or printed with a printer.
2.1. In the following cases, the Company has the right to cancel the said transactions, to stop the use of the Member, to terminate the membership of the Member, to terminate this Agreement unilaterally immediately, in addition to all its rights arising from the law:
(a) In the event that information that contains incorrect, irregular, incomplete and misleading information, statements that do not comply with the general moral rules and does not comply with the laws of the Republic of Turkey, is recorded on the Site;
(b) In case of using or trying to use the works and data on the Site partially or completely by copying;
(c) In the event that information such as user name and password given to the Members by the Company or that they have determined, their usage rights are shared with third parties, the Member is directly responsible for the malicious use of his password by other persons. Likewise, the Member cannot use someone else's IP address, e-mail address, user name and other information on the internet, and cannot access or use other Members' private information without permission. Any legal and penal liability that may arise due to such use belongs to the member;
(d) In case of using software that will threaten the general security of the Site, preventing the operation of the Site and the software used, performing activities, trying to be done and obtaining, deleting or changing information;
(e) The Company detects the abuse of the sales system or the Site in the form of harming the Company, providing an unfair advantage, making repeated applications by taking advantage of any deficit (technical etc.) of the Company's campaigns, sales system or the Site. in case of;
(f) In case the Member acts in violation of all the terms in the Agreement, the rules specified in the relevant parts of the Site and the applicable legislation, while using the Site or shopping.
2.2. During the use of the Site, the Company adheres to the terms set forth in this Agreement, the Company Membership Agreement below, and the Privacy Statement Regarding the Protection of Personal Data on the Site, regarding the Protection of Personal Data on Commercial Communications. It will act in accordance with its Policy. However, the Company is obliged to keep the Member information that it is legally required to keep.
2.3. However, the Company will not use this data for commercial purposes for any reason other than its activity. This provision does not prevent the transfer of the contract to third parties.
2.4. In addition, the Member understands that when he uses a credit card to pay the product price for the product purchased through the Site, the credit card number, the expiration date of the credit card, the CVV2 code and similar information should be shared with the relevant financial institutions in order to carry out the transaction.
2.5. The company has the right to use all the information related to the membership in relation to its own marketing activities, provided that this information is anonymized, even during the term of the Agreement or even after the end of the Agreement, provided that this Agreement and the applicable legal regulations, including the Law on the Protection of Personal Data, are adhered to.
2.6. The Company undertakes that the Member will benefit from the services subject to the Agreement, except for technical malfunctions, and that the information shared by the Member will not be shared with third parties except for situations where it is required to share with third parties in order to achieve the above-mentioned purposes and legal obligations.
3.1. The member is deemed to have undertaken to comply with this Agreement from the moment he/she confirms his/her e-mail address by completing the registration process or receives any service using this system. The Agreement will automatically become null and void without the need for any warning, upon termination of membership or the realization of any of the termination conditions listed in the Agreement.
3.2. The Member accepts in advance that if the Company deems necessary, it may cancel the Site membership and this Membership Agreement may be terminated, provided that the Member is informed of the reason.
3.3. Canceling the membership and deleting the account can be done by the Member by sending an e-mail to the [email protected] e-mail address. The authorization of the user who terminates his/her membership to use the Site as a Member will be revoked.
3.4. The company may make unilateral changes to this Agreement in order to ensure the continuity of the services it undertakes. Provided that the ultimate purpose of the Site and the services offered by the Company remain basically the same; always has the right to permanently or temporarily stop the service it provides unilaterally, to change the content of the service, including the prices published on the Site, or to cancel it, without giving any reason. If the company deems it necessary, it will publish the updated membership terms on the Site, and the Member's approval will be obtained when the Member first logs into his account on the Site. The updated membership terms will be valid from the moment they are published on the Site, and the use of the Site or services will be bound to the new membership terms from that moment on.
3.5. In certain parts of the Site, different rules and obligations specific to the relevant section may be determined. The Member using these sections is deemed to have read and accepted the relevant rules.
3.6. The Member irrevocably accepts, declares and undertakes that the Company may transfer the Agreement to third parties and that it has already authorized the transfer of the Agreement in accordance with Article 205 of the Code of Obligations with this Agreement.
4.1. The validity, interpretation and performance of this Agreement are subject to the laws of the Republic of Turkey and Ankara Courts and Enforcement Offices are authorized to settle any dispute that may arise from the Agreement.
4.2. The most up-to-date e-mail address that the Member has notified or will notify to the Firm is considered the legal notification address for any notification to be made regarding this Agreement.
4.3. If the parties do not notify the other party of the changes in their current e-mail addresses within 3 (three) days, the notifications to the old e-mail addresses will be valid and will be deemed to have been made to them.
4.4. Any notification made using the Member's registered e-mail address will be deemed to reach the Member 1 (one) day after the e-mail is sent by the Company.
The Member declares, accepts and undertakes that he/she has read, understood and accepted all of the articles in this Agreement and confirms the accuracy of the information provided.