- 1. PARTIES
This User Agreement (hereinafter referred to as ''Agreement”) is confirmed electronically between Ulu Magazacilik A.S. (''Alchera'') located in Meşrutiyet Mah. Matbaacı Osmanbey Sok. No.16A Osmanbey - Sisli Istanbul providing the services on web site www.alchera.com and user (''User'') benefitting from the services provided on the web site as a member or not.
- 2. SUBJECT OF THE AGREEMENT
Subject of this agreement covers the determination of the conditions of use of the services provided under the domain namewww.alchera.comand respective sub-domain names (“Web Site”) and rights and liabilities of the Parties.
- 3. GENERAL RIGHTS AND LIABILITIES
3.1 User agrees, declares and undertakes that all information he/she has provided when using Alchera web site are correct and complete and he/she is exclusively responsible for any damages and sanctions arising from the incorrectness of such and he/she will indemnify any kinds of damages of Alchera in that direction immediately and in cash. User is the responsible for the privacy of the unique user name and password determined by himself/herself and Alchera does not hold any responsibility for taking possession of such by third parties due to his/her own fault or negligence and damage he/she suffers from such reason.
3.2 User agrees, declares and undertakes that he/she acts in compliance with any applicable legislation adopted in Republic of Turkey when he/she uses Alchera system and entering any contents in the system, this content complies with the general ethics and does not violate any rights of the third parties (personal rights, intellectual and industrial property rights etc.); otherwise, he/she will indemnify any of the damages suffered by Alchera immediately and in cash.
3.3 User agrees, declares and undertakes that contents entered on the Web site by himself/herself or other users (comment, writing, picture, video, advertisement etc.) belong to the first person who has uploaded such and thus, Alchera does not hold any responsibility and liability for this content. Furthermore, User agrees, declares and undertakes that he/she is exclusively responsible for the content entered by himself/herself and he/she will hold Alchera harmless against any dispute and indemnification claim likely to arise from such.
3.4 User agrees, declares and undertakes that he/she will make transactions with the consent of the card holder for online payment methods and credit card usage on the Web Site and he/she will be kept exclusively responsible for any expenses and losses including attorney fees to occur due to chargeback.
3.5 User agrees, declares and undertakes that he/she will not perform any actions that will stop or block the operation of the Web Site (spam, virus, trojan, other malicious software etc.) and he/she will not make contact with third parties who are engaged in such actions.
3.6 Alchera reserves the right to suspend, delete the account of the User and take away the right of the user to open another account and make claim for indemnification regardless of such in case the User violates any of the articles of this Agreement and/or Information Technologies and Communication Institution, Department of Telecommunication or other authorities requests.
3.7 For legal reasons, User agrees, declares and undertakes that he/she gives his/her consent to the fact that Alchera keeps the information like name and internet protocol (IP) address of the internet service provider of the user, access date and time, accessed page during being online on the web site and web site address providing the direct connection to the site.
3.8 Without prejudice to the provisions of this Agreement, Alchera holds the right to terminate the membership of the User and delete the file, document and information unilaterally any time. User gives his/her consent on such action of Alchera in advance and he/she agrees and declares that he/she will not make any claim for indemnification from Alchera from such reason.
3.9 User, unless otherwise specified, agrees, declares and undertakes that personal information may be used by Alchera for promotion, communication and advertising purposes and both e-mail and short message-SMS may be sent.
3.10 Alchera may disclose the personal data and information of the User for legal reasons and/or upon the request of the official authorities without the necessity of obtaining the prior consent of the User.
3.11 Alchera will show a maximum effort for the operation of the Web Site problem-free, however it does not promise a faultless system and it won't be held responsible for the fact that user data is read by unauthorized persons and for the damages to occur on such data. User agrees and declares that he/she will not hold Alchera responsible for any damage arising from the use of the Web Site. Alchera may at its sole discretion change, delete the entire or a part of the Web Site or suspend the some of the services temporarily or permanently.
3.12 Web Site may contain links or references to other internet sites that are not controlled by Alchera and Alchera is not responsible for the contents or other links of such sites under any circumstances.
3.13 Alchera is the license holder or owner of the all materials (''Materials'') including all information, images, brands, domain names, logo, icon, demonstrative, written, electronic, graphical or machine readable technical data, computer software, applied sales system, business method and business model and general appearance and design of the Web Site and their intellectual and industrial property rights. No material on the Web Site including the codes and software may be changed, reproduced, copied, converted to another language, republished, downloaded to another computer, posted, forwarded, presented or distributed without obtaining prior consent and showing source. Entire or a part of the Web Site may not be used on another web site without permission. Alchera reserves the judicial and criminal claim rights and other all rights not hereby specified explicitly due to contrary actions.
3.14 User agrees, declares and undertakes that he/she is personally responsible for all comments on the Web Site and related to the products and he/she will act in compliance with the all legislations regarding these comments and he/she will hold Alchera harmless against all occurred damages in case of any violation.
- 4. AMENDMENT OF THE AGREEMENT
Alchera reserves the right to change any service, product on the Web Site, information provided on the site and conditions of use of the site without the necessity of prior notification and right to re-organize the site and abolish the webcast. Changes enter into force at the moment of the publication of the site. These changes are regarded to be accepted upon the use of Web site or logging in the site.
- 5. SETTLEMENT OF DISPUTES
Istanbul Courts and Execution Offices are authorized for the disputes related to this Agreement.
- 6. TERMINATION OF AGREEMENT
This Agreement will remain in force until the membership is canceled by the User or Alchera for any reason.
- 7. ENFORCEMENT
It is accepted that all provisions of this Agreement are read and approved as of the start date of use of services provided on the Web Site by the User.