Türkçe1. PARTIES AND SUBJECT
1.1. You agree to be legally bound by these Terms and Conditions by reading and providing access to web site (hereinafter “Art50.net Internet Site” together) located at www.art50.net, all associated sub-domain names linked to this domain name as a user and natural or legal persons are expected to comply with the terms outlined below. For this reason, please read carefully the terms outlined below. If you do not wish to agree to these Terms and Conditions, then you shall not use “Art50.net Internet Site”.
1.2. Art50.net The Site is the property of a company called Artelli Sanat Ürünleri Danışmanlık San. ve Tic. A.Ş. (hereinafter “Art50.net” altogether) resident at ‘ Esentepe Mah. Talat Paşa Cad. No: 5 İç Kapı No: 1 Şişli/İstanbul.’ The services offered at Art50.net Internet Site specified in this Agreement are provided by Art50.net. Art50.net reserves the right to revise information, forms, contents, terms of use etc. contained in Art50.net Internet Site at any time.
1.3. Terms of Use are hereby published on this web site and put into effect and accessible to all natural and legal persons of Art50.net Internet Site users.
1.4. Art50.net may revise the conditions specified in this Agreement, without any notice to the user at any time. All revisions shall be published on Art50.net Internet Site, and effective from the date of publication. Each revised provision of this Agreement will imply that all real and legal persons who provide access to Art50.net Internet Site and benefit from the services are deemed to have accepted in advance. These Terms of Use may not be changed by the Users unilaterally.
2. DEFINITION
SITE: It means accessing to the website located at www.art50.net.net, all associated sites linked to www.art50.net.net within the framework determined by Art50.net offering a variety of services and contents through online media.
SERVICE: Through Art50.net Internet Site, it provides users with access to a variety of electronic contents, including introductions, listings for shopping areas, product information that users may decide to purchase, sending contents or e-mails of contents to users’ addresses.
USER: Whether it is a registered member or not, it refers to all natural and legal persons who provide access to Art50.net Internet Site and Art50.net database online.
LINK: It refers links which provide access to a variety of resources through Art50.net Internet Site, including a website, contents, files, another website via Art50.net Internet Site or another website from Art50.net Internet Site, etc.
CONTENT: The published written, audio-visual materials, all kinds of information that are accessible via Art50.net Internet Site including text, files, images, video, figures etc.
CONTENT PROVIDER: Institutions and organizations provide contents through provided within/via Art50.net Internet Site or apart from Art50.net Internet Site.
ART50.NET INTERNET INTERFACE: It is used by users in order to allow display the content created by content providers or Art50.net for users and to be queried via the database Art50.net; they are internet pages providing key command to the computer program to carry out all processes that can be made through Art50.net Internet Site among the contents which all intellectual property rights belong to Art50.net or to various authors protected under the Law no.5846 on intellectual property rights.
DATABASE: The contents accessed via Art50.net Internet Site and belongs to Art50.net, where such contents are stored, classified, queried and protected under the law of intellectual property rights (IPR).
MEMBER: It refers to all natural and legal persons who sign in Art50.net Internet Site by confirming The Membership Agreement.
3. LIABILITIES OF ART50.NET, CONTENT PROVIDER AND USER
3.1. The services defined by this Agreement are, to provide contents for queries through Art50.net Internet Site Database and displaying these contents prior to purchases through Art50.net Internet Site by using the interface via Art50.net Internet Site. Art50.net provides these basic services and has authority to add new services, modify the scope of the above-mentioned services or conditions of providing them. Art50.net may use this authority unilaterally without any notice at any format.
3.2. Art50.net Internet Site works on the basis of displaying loading information into Art50.net database for the user. Art50.net does not guarantee accuracy, security, and compliance with the law regarding the information displayed by the user; therefore it assumes no responsibility for such content.
3.3. There is no liability under such terms and conditions regarding the services provided by third parties within Art50.net Internet Site and its affiliates, employees and managers of Art50.net because of the contents created by Content Providers excluding Art50.net.
3.4. Art50.net will not be held liable for any contents transmitted to Art50.net or loaded, changed or provided by content providers, by the same taken whether they infringe the rights of any third party or compliance with the law or not, therefore it assumes no responsibility for such content. Art50.net does not undertake and guarantee accuracy, security, compliance with the law regarding to the contents loaded and/or provided.
3.5. Art50.net is a hosting provider pursuant to Law numbered 5651. In order to comply with the obligations imposed to hosting providers, Art50.net shall store and retain some information automatically in relation to the transactions that users conduct via Art50.net Internet Site for a retention period permitted in accordance with related legislation within Law numbered 5651.
3.6. By using the Art50.net website, you declare that you have read the Privacy Policy and Obligation to Inform text that we have prepared in accordance with the Law No. 6698 on the Protection of Personal Information.
3.7. Art50.net may maintain the information transmitted by Users to Art50.net via Art50.net Internet Site under the circumstances stated in the Privacy Policy and Obligation to Inform. At the same time to the extent allowed by the Law No. 6698 on the Protection of Personal Information, Art50.net may collect, store for periods allowed or required under relevant laws, and use in order for performance of contracts, compliance with legal obligations and for pursuing legitimate interests some information such as IP address, which part of Art50.net Internet Site visited, browser type, date of activity for purposes of statistical evaluation and providing personal services etc. Art50.net performs these activities in accordance with the the Law No. 6698 on the Protection of Personal Information and the Art50.net Privacy Policy and Obligation to Inform.
3.8. Users can use Art50.net Internet Site only under applicable law. Users shall be liable for every legal or punitive damages for their each activity made within Art50.net Internet Site where prohibited by law.
3.9. The User agrees and undertakes that his/she will not copy, reproduce, re-publish or market any of the contents, information, documents, software, designs, graphics, visuals and auditory images, videos, databases and lists etc. contained in Art50.net Internet Site of which all rights are owned by Art50.net. The User agrees and undertakes that he/she shall not be in competition with Art50.net directly and/or indirectly by either his/her activity or any other ways.
3.10. The User and Content Provider agree and undertake that they will not act to discredit a third party personally or commercially including offensive activity or infringement of personality rights through Art50.net Internet Site.
3.11. It will be considered compliance with laws only that third parties are allowed to display the content stored in the database accessed or displayed via Art50.net Internet Site or/and within the scope of Art50.net’s written consent. Otherwise accessing will be considered contrary to the law. Art50.net reserves the right of litigation, at its sole discretion at any time for this type of situation.
3.12. It is prohibited to retrieve data/contents intensively from the database of Art50.net Internet Site via Art50.net Internet Site by the way of accessing and/or displaying. Failure to comply this prohibition for those who retrieve data/contents intensively from the database of Art50.net Internet Site shall be penalized and the denunciation will be made by Art50.net Internet Site, pursuant to the Turkish Penal Code 243/1 on “unauthorized access to information systems”.
3.13. Without the prior written consent of Art50.net, to copy, reproduce, transmission, processing and displaying the content published on Art50.net Internet Site and Art50.net Internet Site Interface are prohibited.
3.14. Without the prior written consent of Art50.net, accessing and displaying all kind of contents via Art50.net Internet Site, outside of Art50.net Internet Site and especially on the internet are prohibited, otherwise such use would constitute unlawful use cases.
3.15. Without the prior written consent of Art50.net, third parties can not use, transmit, process, display and disclose personal data contained in pages accessed through Art50.net Internet Site, under no circumstances and conditions. However, Art50.net may disclose some information of Users and Content Providers or share it with the competent authorities where such disclosure will be requested as a legal obligation, within the framework of specified authorizations and the requirements of law.
3.16. Art50.net may provide links and/or routing to other websites through the Site. The presence of these links certainly does not mean that the contents of pages outside the Site and other sites are controlled or inspected. If you transfer to another website from Art50.net Internet Site by means of a link, Art50.net will not accept any responsibility. Art50.net cannot be held in any way responsible for any material or moral losses or damages that may be sustained due to the use of third party websites. The Users are obligated to accept their responsibility upon accessing these links.
3.17. Art50.net is not responsible for civil and criminal penalties due to the reason based on contents of files loaded to the Site. Art50.net and its affiliates, affiliated persons, employees shall not be liable for every damages materially and morally, directly or indirectly because of above mentioned application.
3.18. Art50.net undertakes that all the necessary precautions have been taken to keep personal information confidential within the Site. Despite all the necessary precautions have been taken by Art50.net, and provided that Art50.net has at all times acted in accordance with the Law No. 6698 on the Protection of Personal Information if personal information damaged in any way as a result of any attack to the site or/and in the event that third parties take possession of such information; members and visitors beforehand agrees that Art50.net shall not be held responsible for any damage other than the liability that may arise pursuant to Law No. 6698 on the Protection of Personal Information.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. All information accessed via Art50.net Internet Site or provided by Content Providers (Art50.net Internet Site database, Art50.net Internet Site user interfaces, visual interfaces, design, text including but not limited to the computer code all elements, contained on the Site is owned, licensed by or to Art50.net, have been obtained legally from a third party.
4.2. Being used on the site, pictures, graphics, photos and similar contents belongs to Art50.net or is used with the permission of the legal owners. This kind of content is not permitted use for the purposes other than the limitations outlined within the Site. Unauthorized use of such content; can lead to breach of copyright, trademark or other related provisions or other applicable legislation.
4.3. Art50.net Internet Site adopts the motto of respect to law, regulations, copyrights and personal rights. Therefore, for the purpose of specifying the current copyright holder, the source name that is obtained the content is given through Art50.net Internet Site and appropriate explanation with its website are included in the pages where necessary regarding to the content under which license has been obtained. Users and Content Providers are not entitled allowing reselling, processing, sharing, distributing, displaying Art50.net’s services, Art50.net’s information and Art50.net’s works to be subjected to its copyrights or any of Art50.net’s services cannot be used or accessed by any third party.
4.4. Unless expressly provided in these Terms of Use and in the event that authorized by Art50.net; Art50.net reserves the rights to Art50.net’s services, Art50.net’s information and Art50.net’s works subject to the copyrights, Art50.net’s trademarks, Art50.net’s commercial appearance, any further information and assets provided through this site.
5. FORCE MAJEURE
5.1. In all cases legally deemed as force majeure, Art50.net shall not be legally liable for any delay or failure in the performance stated herein Terms of Use. In such circumstances, Art50.net shall be justified and shall not be liable for any indemnity obligation in the event of any delay, failure in the performance or default in contract.
5.2. Although Art50.net takes all reasonable steps and exercises all due diligence to avoid; Force Majeure shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of the Parties claiming Force Majeure, including acts of God, wars, riots, labour strikes, malfunction or interruptions within communication/internet and infrastructure facilities, power outages including but not limited to adverse weather conditions etc.
6. GOVERNING LAW / DISPUTE RESOLUTION
These Terms and any action including the interpretation and management of legal relations arising in the presence of foreign elements related thereto will be governed by the applicable laws of Turkey without regard to its conflict of laws provisions. TR Istanbul (Central) Courts and Bailiff Offices shall settle any dispute between the Parties arisen from the implementation of this Terms of Use.
7. ENFORCEMENT
This Terms of Use that consist of 7 articles shall enter into force on the date of publication through Art50.net Internet Site. Users and Content Providers will have agreed This Terms of Use by using Art50.net Internet Site. Art50.net may modify the provisions specified in this Agreement, at any time and such modifications shall enter into force on the date of publication through Art50.net Internet Site.