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Membership Agreement

Membership Agreement

This Membership Agreement (“Agreement”) has entered into force between Arasana İnternet İletişim Ve Telekomünikasyon Limited Şirketi, the operator of the website with the extension www.boholive.app ("Site") / application named Boho Live ("Application"), and the person ("Member") who has become a member by reading, electronically approving and accepting the terms of this Agreement ("Member") by registering to the Application / Site.

1. SUBJECT

This Agreement hereby regulates the services offered on the Website/Application, 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

  • 2.1.1. By concluding this Agreement hereby, the Member accepts the Terms of Use contained in the Agreement, explanations / information about how the Website/Application works, any other terms and conditions of membership, terms and conditions of use announced by the Website/Application regarding the membership and services. The Member accepts, declares and undertakes to act in accordance with all kinds of matters specified in the aforementioned explanations and/or conditions.
  • 2.1.2. The Member accepts and undertakes that the information and content provided by him/her to the Website/Application 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 undertakes to be 18 or over. Persons under the age of 18 cannot use this Website/Application. 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/Application Profile, the Website/Application reserves the right to cancel the Member's membership. The Member will 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 will be solely responsible for the termination of his/her membership for this reason.
  • 2.1.3. The Member will in no way send messages to other members or in the Website/Application environment in a way that is threatening, immoral, contrary to the laws of the Republic of Turkey and legislation of other countries and will not engage in such communications. The Member will act in accordance with the public morality, etiquette and legal rules in all communications to be carried out on the Website/Application, will not under any circumstances take actions that may be considered as an attack on the personal rights of other members, will not harass other members in any way and will not act in a way that will affect the members’ use of the Website/Application. The Member is prohibited from engaging in any activity in the Website/Application environment that contains elements of the crime of obscenity regulated under Article 226 of the Turkish Criminal Code. Nudity is prohibited in the w-Website/Application environment. In case the Member realizes that the other Member with whom he/she is in contact through the Website/Application is under the age of 18, he/she is obliged to notify this situation to the Website/Application. Notifications can be made to the e-mail address in the Contact section on the Website/Application. The sexual abuse of a child, regulated under Article 103 of the Turkish Criminal Code, and sexual harassment, regulated under Article 105, are prohibited in the Website/Application environment. It is forbidden to use people under the age of 18 (children/minors) as objects of fetishism in the Website/Application environment. This prohibition also includes sexually explicit games and sexually explicit clothing associated with children/minors. All legal or criminal liability arising from violations within the scope of this paragraph belongs to the Member. The Member will not make statements to the Website/Application or other members, third natural persons or legal entities which may create unfair competition and will not broadcast or distribute such materials.
  • 2.1.4. The Member will not use the information to be obtained within the framework of the Website/Application and information of other members in any way other than the activities permitted to be carried out within the framework of the Website/Application and will 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/Application, including the private messaging and conversations with other members through the Website/Application, 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/Application has no responsibility in this framework and accepts that all types of damages that may be incurred by the Website/Application can be recoursed to the Member. The Member will 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/Application for commercial purposes under any circumstances and cannot advertise through the Website/Application.
  • 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/Application.
  • 2.1.8. The Member will report to the Website/Application any behavior or content that violates the rules set forth in this Agreement hereby. The Website/Application will review these relevant notifications and take the necessary measures. The Website/Application monitors the content that does not comply with the agreement and the law, especially those that lead to suicide, include minors or include sexual abuse of these people, facilitate or encourage the use of drugs or stimulants, aim to supply substances dangerous to health, contain obscenity, encourage gambling or provide a place and opportunity for gambling and when necessary, can blur or remove the relevant content. Automatic tools and artificial intelligence are also used to perform these operations and the Website/Application is not responsible for the removal of content that complies with the rules.
  • 2.1.9. The Member accepts and undertakes that the Website/Application 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.
  • 2.1.10. 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/Application and the membership cannot be made available to persons other than the Member himself/herself. The Website/Application 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.
  • 2.1.11. 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/Application 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.
  • 2.1.12. In case the Member wishes to cancel his/her membership, he/she will request membership cancellation as specified in "how Boho Live works" section regarding the membership cancellation.

2.2. Rights and Obligations of the Website/Application

  • 2.2.1. The Website/Application can unilaterally change the Website/Application content, terms of use/membership, fees and services offered at any time and without any notice. In this framework, the Website/Application can unilaterally change, delete the Member's Profile and/or the correspondence added to the Website/Application by the Member, request changes from the Member and unilaterally limit the Member's use of the Website/Application.
  • 2.2.2. The Website/Application can temporarily or completely be stopped the Website/Application at any time. The Website/Application will have no liability against the Member or third parties for the exercise of this right by the Website/Application. The Website/Application in no way guarantees the continuous and/or smooth operation of the Website/Application.
  • 2.2.3. The Website/Application 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/Application is in no way responsible for any communication between the Members. The Website/Application 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/Application enables the Member to switch to other websites through redirections, the Website/Application will 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/Application 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/Application or other Members. At the same time, the Website/Application 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/Application 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/Processing of Personal Data of the Website/Application.

2.3. Rights and Obligations of the Broadcaster

  • 2.3.1. Those under the age of eighteen cannot become broadcasters. The Broadcaster is responsible for the broadcasted content and all criminal and legal consequences. The Broadcaster is solely responsible for obtaining all necessary authorizations, licenses, permissions and copyrights to broadcast the content it produces. Unless permission is given by the Website/Application, the Broadcaster will be able to broadcast for personal use only. The Website/Application is only a hosting provider within the meaning of the Law No. 5651 on Regulating Broadcastings in the Internet and Fighting Against Crimes Committed through Internet Broadcasting.
  • 2.3.2. Membership to the Website/Application is free and broadcasting content does not give the Broadcaster the right to receive any payment. The Broadcaster cannot claim any rights in case the account is closed or suspended.
  • 2.3.3. The Broadcaster agrees not to impersonate others or provide false information, not to violate members' privacy or other rights, not to post offensive or harmful content, not to endanger himself/herself or others, not to use the Website/Application for unauthorized commercial purposes, not to promote illegal activities, including intellectual property rights, and not to violate the law.
  • 2.3.4. The Broadcasters agree and undertake to interact respectfully and refrain from any form of harassment, cyberbullying or disruptive behavior. The Broadcaster accepts and undertakes that all conversations and shared content will not contain hate speech, nudity or any other illegal activity and will comply with moral standards. In addition, the Broadcaster accepts and undertakes to avoid unauthorized sharing of personal information and to respect the privacy and confidentiality of others.
  • 2.3.5. All obligations imposed on the Members in this Agreement hereby, especially the prohibitions on sexuality and nudity, are also valid for the Broadcaster.
  • 2.3.6. The content that leads to suicide, includes minors or contains sexual abuse of such persons, facilitates or encourages the use of drugs or stimulants, aims to provide substances dangerous to health, contains obscenity, encourages gambling or aims to provide a place and opportunity for gambling will be removed from broadcasting as soon as it is broadcasted.

3. VIRTUAL ITEMS

3.1. Diamond

The Members can purchase virtual coins called Diamonds to use on the Website/Application. The Diamonds are used up and cannot be taken back. Determining the prices of diamonds is at the sole discretion of the Website/Application, and the Website/Application uses this right whenever and however it wishes. The Diamonds are purchased with real money; the Member accepts that he/she is aware of this and that the purchase is made legally. The Website/Application has the right to change the prices and purchasing rules of the Diamonds. The Member agrees to read the rules before making a purchase. The Diamonds that are not used for 3 months after purchase are reset. The Member has no claims regarding this reset. In case of the termination of the Agreement in accordance with Article 7, the Member cannot claim any right on the purchased but unused Diamonds.

3.2. Spin and Win

The Website/Application gives the Member the right to spin and win Diamonds, and as a result of this spin, the Member can be given a gift Diamond that must be consumed within a certain period of time. The Website/Application does not undertake to give gift Diamonds or provide any other advantage for each Spin and Win use. The Website/Application determines the time and duration of the Spin and Win. The Diamonds earned as gifts are subject to the provisions of the above article. Again, the Website/Application is responsible and App Store or Google Play are not obliged to provide these services. App Store or Google Play is not responsible for any rights granted to Members under this Agreement hereby, including Spin and Win.

4. THIRD PARTIES

4.1. The Website/Application can contain links to third party websites or applications that do not belong to it. Since the terms of use or user agreements of such third-party websites or applications will apply, the responsibility arising from accessing and using linked third party sites belongs entirely to the Member.

4.2. The software programs, mobile applications and related documents that you install or use without installing to use the Website/Application constitute the Software. The Software can use some technologies or software from third parties. Such third party software and technologies are also subject to the terms of this Agreement hereby. The Software can include software licensed by third parties, whose own terms apply to such third party software.

4.3. The Website/Application can be downloaded to Apple iOS or Android devices. In this case, it is mandatory for the Member to comply with the rules of the App Store or Google Play. The Member agrees that Apple Inc. and Google are not responsible for any problems arising from this Agreement hereby or while downloading or using the Website/Application. The Website/Application is responsible for all other maintenance and support services arising from the Agreement, arising from the law and required for the Website/Application and App Store or Google Play are not obliged to provide these services. App Store or Google Play is not responsible for any rights granted to the Members under this Agreement hereby, including Spin and Win.

5. FORCE MAJEURE

In all cases legally deemed as force majeure, the Website/Application 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/Application due to delay, incomplete performance or non-performance.

The term "force majeure" will be construed as unavoidable events which are beyond the reasonable control of the relevant party and which the Website/Application 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.

6. APPLICABLE LAW AND COMPETENT COURT

This Agreement hereby will be governed by Turkish Law. In any dispute arising from this Agreement hereby, Istanbul Courts and Enforcement Offices are authorized.

7. TERMINATION OF THE AGREEMENT

This Agreement hereby will remain in effect unless terminated by the Member or the Website/Application. In case the membership is for a certain period of time, the Agreement will automatically terminate upon the expiration of this period. The Website/Application 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/Application by the Member.