This Membership Agreement (the "Agreement") has been concluded and entered in force with the approval of the electronic mail sent between Arasana İnternet İletişim ve Telekominikasyon Limited Şirketi, the operator of the website with the extension Boho Live, and the person (the "Member") who has read and electronically accepted the terms and conditions of this Agreement hereby and became a member by approving the electronic mail sent by the website.
This Agreement hereby regulates the services offered on the website, conditions for the Member to benefit from these services and rights and obligations of the parties.
2. RIGHTS AND OBLIGATIONS
2.1. Rights and Obligations of the Member
- 2.1.2. The Member accepts and undertakes that the information and content provided by him/her to the website and to his/her profile (the "Profile"), which is a special introduction page for each member, which is created with the information provided by him/her and which can be viewed by other members without any restriction with the photo he/she has added, is correct and in accordance with the law. The Member cannot add personal contact information (e-mail address, residence address, telephone number, etc.) to his/her Profile under any circumstances. In case the Member's personal contact information is added to the website Profile, the website reserves the right to cancel the Member's membership. The Member shall be personally responsible for any damages arising from incorrect or incomplete information provided by the Member (including forgetting the password and/or Pin) and the Member shall be solely responsible for the termination of his/her membership for this reason.
- 2.1.3. The Member shall in no way send messages to other members or in the website environment in a way that is threatening, immoral, contrary to the laws of the Republic of Turkey and legislation of other countries and shall not engage in such communications. The Member shall act in accordance with the public morality, etiquette and legal rules in all communications to be carried out on the website, shall not under any circumstances take actions that may be considered as an attack on the personal rights of other members, shall not harass other members in any way and shall not act in a way that will affect the members’ use of the website. The Member shall not make statements to the website or other members, third natural persons or legal entities which may create unfair competition and shall not publish or distribute such materials.
- 2.1.4. The Member shall not use the information to be obtained within the framework of the website and information of other members in any way other than the activities permitted to be carried out within the framework of the website and shall not use it under any circumstances without the prior consent of the relevant information owner.
- 2.1.5. The Member is exclusively responsible for the legal and criminal liability arising from all kinds of transactions and actions he/she performs on and/or through the website, including the private messaging and conversations with other members through the website, services performed instantly in the electronic environment, instantly delivered intangible goods and all products considered digital. The Member accepts, declares and undertakes that the website has no responsibility in this framework and accepts that all types of damages that may be incurred by the website can be recoursed to the Member. The Member shall be exclusively responsible for all legal and criminal consequences of his/her meetings with other members.
- 2.1.6. The Member cannot use the website for commercial purposes under any circumstances and cannot advertise through the website.
- 2.1.7. The Member accepts, declares and undertakes that he/she will not reproduce, copy, distribute, process the pictures, texts, visual and audio images, files, databases, software and any other copiable work or work-like elements on the website.
- 2.1.8. The Member accepts and undertakes that the website is authorized to share information about the Member in accordance with the relevant legislation in case the personal information of the Member is requested by the official authorities in accordance with the provisions of the legislation in force.
- 2.1.9. The Member cannot transfer this Agreement hereby or his/her rights and obligations under this Agreement hereby and/or his/her membership in any way, in whole or in part, to any third party without the prior written consent of the website and the membership cannot be made available to persons other than the Member himself/herself. The website cannot be held directly and/or indirectly liable in any way whatsoever for any damage which has already been incurred or may be suffered by third parties as a result of such transfers or unauthorized use. The membership of the Member who is found to have used or transferred his/her membership to someone else is cancelled.
- 2.1.10. The Member accepts, declares and undertakes that in case of non-compliance with the provisions of this Agreement hereby, his/her membership can be terminated by the website unilaterally and without any compensation and without any notice. In case of the cancellation of membership, all credits owned by the Member at that time will be canceled without refund. The Member does not have any right to claim in this regard.
- 2.1.11. In case the Member wishes to cancel his/her membership, he/she will request membership cancellation as specified in "how Arasana works" section regarding the membership cancellation.
- 2.1.12. By approving and accepting this Membership Agreement hereby, the Member is deemed to have accepted the Confidentiality Agreement and Policy and Clarification Text on the Protection of Personal Data of the website.
2.2. Rights and Obligations of the Website
- 2.2.2. The website can temporarily or completely be stopped the website at any time. The website will have no liability against the Member or third parties for the exercise of this right by the website. The website in no way guarantees the continuous and/or smooth operation of the website.
- 2.2.3. The website does not in any way undertake that the Member will be called by other members or that any expectation will be met if called. The website is in no way responsible for any communication between the Members. The website is not responsible for any legal and/or criminal disputes that may arise as a result of the communication between Members and other Members.
- 2.2.4. In case the website enables the Member to switch to other websites through redirections, the website shall not be held responsible in any way for the content of the website to which the Member will switch, services and/or products contained on these websites.
- 2.2.5. The website will in no way be responsible against the Member for any material and/or moral damages which may be incurred due to the services provided on the website or other Members. At the same time, the website will under no circumstances be legally and criminally responsible for the unlawful acts and actions of the Member and other Members.
- 2.2.6. The website accepts, declares and undertakes to use all kinds of personal information and data belonging to the Members by approving this Membership Agreement hereby in accordance with the Personal Data Protection Law No. 6698 and relevant legislation. The details on the use of personal data belonging to the Members are included in the Confidentiality Agreement and Policy and Clarification Text on the Protection of Personal Data of the website.
3. FORCE MAJEURE
In all cases legally deemed as force majeure, the website will not have any responsibility against the Member for late or incomplete performance or non-performance of any of its obligations specified in this Agreement hereby. In case of any force majeure, the Member cannot claim any compensation under any title from the website due to delay, incomplete performance or non-performance.
The term "force majeure" shall be construed as unavoidable events which are beyond the reasonable control of the relevant party and which the website cannot prevent despite due diligence, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions.
4. APPLICABLE LAW AND COMPETENT COURT
This Agreement hereby shall be governed by Turkish Law. In any dispute arising from this Agreement hereby, Istanbul Courts and Enforcement Offices are authorized.
5. TERMINATION OF THE AGREEMENT
This Agreement hereby shall remain in effect unless terminated by the Member or the website. In case the membership is for a certain period of time, the Agreement will automatically terminate upon the expiration of this period. The website can terminate this Agreement hereby unilaterally without any notice and without paying any compensation to the Member in case of the violation of the the terms and conditions of the Agreement or other terms and conditions on the website by the Member.