TERMS OF USE AGREEMENT
1. PARTIES AND SUBJECT
1.1. By reading and accepting this Agreement, as a User, you are expected to comply with the terms and conditions written below as a real or legal person who accesses the website published on the domain name www.horozart.com and its subdomains (hereinafter referred to as "HorozArt"). Therefore, please read the terms and conditions written below carefully. If you do not accept these terms, do not use HorozArt.
1.2. The owner of the www.horozart.com Website is the company named HorozArt (hereinafter referred to as www.horozart.com) located at Fatih Mah. İstanbul Park Bulvarı No:67 İç Kapı no:1 Tuzla İstanbul. The services provided on the www.horozart.com Website and specified in this Agreement are provided by www.horozart.com. www.horozart.com reserves the right to change the information, forms, content and terms of use included or to be included on the www.horozart.com Website at any time and under any circumstances.
1.3. These Terms of Use have been published on the website and made accessible to all real and legal persons using the www.horozart.com Website and have come into force.
1.4. www.horozart.com may change the conditions specified in this Agreement at any time without any notice or notification to the User. These changes will be published on the www.horozart.com Website and will be valid from the date of publication. Every real person and legal entity that benefits from the www.horozart.com Website services and accesses the www.horozart.com Website is deemed to have accepted any changes made by www.horozart.com to the provisions of this Agreement. These Terms of Use cannot be changed by the unilateral declaration of the User.
2. DEFINITIONS
SITE : Refers to the internet site accessible from the main domain name www.horozart.com and the subdomains connected to this domain name, where various services and contents are offered within the framework determined by www.horozart.com.
SERVICE : It refers to the provision of access to the promotions of electronic content offered through the www.horozart.com Website by the User and the opportunity to shop for the electronic content that the User has decided to purchase, and the sending of the relevant content or contents via e-mail or posting them to the User's address.
USER : Refers to any real or legal person, whether a member or not, who accesses the www.horozart.com Website and/or www.horozart.com Database online.
LINK : Links that enable access to the www.horozart.com Website or to another website, files, content, or to the www.horozart.com Website, files, and content from another website.
CONTENT : All kinds of information, text, files, pictures, videos, numbers and similar visual, written and auditory images published or accessible on the www.horozart.com Website.
CONTENT PROVIDER : Persons, institutions and organizations that provide all content offered by www.horozart.com within the www.horozart.com Website, other than what www.horozart.com provides.
www.horozart.com WEBSITE INTERFACE : These are web pages that are used by Users so that the content created by Content Providers or www.horozart.com can be viewed by Users and can be queried from the www.horozart.com Database; and that give commands to computer programs to perform any kind of transaction that can be made through the www.horozart.com Website within the content protected under the Law on Intellectual and Artistic Works No. 5846 (FSEK) and all intellectual rights of which belong to www.horozart.com or various authors.
DATABASE : It is the database belonging to www.horozart.com, protected in accordance with FSEK, where the contents accessed through the www.horozart.com Website are stored, classified, queried and accessed.
MEMBER : Refers to every real and legal person who logs into the www.horozart.com Website by accepting the Membership Agreement.
3. OBLIGATIONS OF WWW.HOROZART.COM’S CONTENT PROVIDER AND USER
3.1. www.horozart.com provides the provision of the Service defined in this Agreement by using the interface on the www.horozart.com Website, and the ability to query content via the www.horozart.com Website Database and to view these contents via the www.horozart.com Website prior to purchase. The services listed are the basic services offered by www.horozart.com, and adding new services to these services and changing the scope and terms of provision of the above-mentioned services are entirely within the authority of www.horozart.com. www.horozart.com may use this authority unilaterally and in any manner it wishes without any notification.
3.2. www.horozart.com Website works on the basis that the information uploaded to www.horozart.com Database is viewed by the User. www.horozart.com does not guarantee the accuracy, security and legality of the information viewed by the User under any circumstances and assumes no responsibility for these contents.
3.3. Horozart, the institutions it cooperates with, www.horozart.com employees and managers have no liability under any circumstances for the services provided by third parties within the www.horozart.com Website and for the content created by Content Providers outside of www.horozart.com.
3.4. www.horozart.com is not responsible or liable for investigating whether the content transmitted to Horozart by Content Providers or uploaded, modified or provided by them via the www.horozart.com Website is legal or violates third party rights. www.horozart.com does not undertake or guarantee that the content uploaded and/or provided is safe, accurate or legal.
3.5. www.horozart.com is a hosting provider pursuant to Law No. 5651. www.horozart.com records and stores records of the nature specified in the relevant legislation regarding the transactions carried out by Users and Content Providers on the www.horozart.com Website within the legal period in order to comply with the obligations imposed on Hosting Providers pursuant to Law No. 5651 and the relevant legislation.
3.6. By using the www.horozart.com website, you declare that you have read the Privacy Policy and Disclosure Obligation text that we have prepared in accordance with the Personal Data Protection Law No. 6698.
3.7. www.horozart.com may store the information sent to it by Users and Content Providers via the www.horozart.com Website in the cases specified in the Privacy Policy and Disclosure Obligation text. www.horozart.com may also obtain information such as the User's IP address, which parts of the www.horozart.com Website are visited, browser type, transaction date for purposes such as statistical evaluation and providing personalized services to the extent permitted by the Personal Data Protection Law, store it for the periods permitted and legally obligatory, and use it for the performance of contracts, fulfillment of legal obligations and legitimate reasons. www.horozart.com carries out these activities in accordance with the Privacy Policy and Disclosure Obligation text, the Personal Data Protection Law No. 6698 and other applicable legislation.
3.8. Users may only perform transactions on the www.horozart.com Website for lawful purposes. The legal and criminal liability of users for every transaction and action they perform on the www.horozart.com Website belongs solely to them.
3.9. The User accepts and undertakes that he/she will not reproduce, copy, distribute or process any content, including electronic text, visual and audio images, video clips, files, databases, catalogues and lists, found on the www.horozart.com Website; and that he/she will not compete directly and/or indirectly with www.horozart.com, either through these actions or through other means.
3.10. The User and the Content Provider accept and undertake that they will not perform any actions that will damage the personal and commercial reputation of www.horozart.com or third parties or that will infringe and/or attack personal rights within the www.horozart.com Website.
3.11. Access to the database where the content accessed and/or viewed via the www.horozart.com Website is stored by third parties only for the purpose of viewing the relevant content and/or within the framework permitted in writing by www.horozart.com is considered lawful. Any access other than this is unlawful and www.horozart.com reserves its rights to sue and pursue such cases at all times.
3.12. www.horozart.com Website Database and the information contained in this Database cannot be copied, transferred to other databases or made available to third parties from these databases, in whole or in part, without the written consent of www.horozart.com.
3.13. It is prohibited to intensively extract information from the www.horozart.com Website Database in order to obtain the content accessed and/or viewed through the www.horozart.com Website. Persons who do not comply with this prohibition and intensively extract information from the www.horozart.com Website Database will be subject to a criminal complaint by the www.horozart.com Website in order to punish them in accordance with this law, as they have committed the act of 'unauthorized entry into the information system' as stated in Article 243/1 of the Turkish Penal Code.
3.14. It is prohibited to copy, reproduce, transmit, process and display the content published on the www.horozart.com Website and the www.horozart.com Website Interface on other websites and/or media without the written consent of www.horozart.com.
3.15. Any content accessed and/or viewed through the www.horozart.com Website cannot be viewed by third parties in any environment other than the www.horozart.com Website, primarily on the internet, without the written consent of www.horozart.com, otherwise this will constitute unlawful use. Personal data on the pages accessed and/or viewed through the www.horozart.com Website cannot be used, processed, transmitted, viewed or disclosed by third parties under any circumstances without the written consent of the personal data owners and www.horozart.com. However, www.horozart.com may provide certain information regarding Users and Content Providers to these authorities and authorities, provided that it remains within the scope of the applicable laws and within the framework of the relevant decision, if the laws so stipulate.
3.16. www.horozart.com may provide links and/or redirects to other sites via the Site. The existence of these links does not indicate that the content of other sites and pages outside the Site has been monitored. www.horozart.com has no responsibility for other off-Site content that can be accessed through these links. www.horozart.com is not responsible in any way or form for any damages that may arise from transactions to be made on any third-party sites accessed. The user accepts that the responsibility is now on the user when they access these links.
3.17. www.horozart.com is not legally or criminally responsible for any actions that may be taken based on the content of the files uploaded to the site. www.horozart.com and its affiliated persons and organizations cannot be held responsible for any material or moral, indirect or direct damages that may arise from these.
3.18. www.horozart.com undertakes to take all measures to keep personal information confidential within the Site. Members and Visitors accept and declare that in the event that personal information is damaged in any way or is obtained by third parties as a result of an attack on the Site, despite all necessary precautions and measures taken by www.horozart.com and despite www.horozart.com acting in full compliance with the Personal Data Protection Law and relevant legislation, Members and Visitors will not hold www.horozart.com responsible for any damages that may arise due to this reason, other than the liability that www.horozart.com may incur pursuant to the Personal Data Protection Law.
4. INTELLECTUAL PROPERTY RIGHTS
4.1. The information accessed within the www.horozart.com Website or provided by Content Providers and all elements of the www.horozart.com Website (including but not limited to the www.horozart.com Website Database, www.horozart.com Website Interface, design, text, codes) belong to www.horozart.com and/or have been obtained by www.horozart.com from a third party under a legally valid license.
4.2. The images, graphics, photographs and similar content used on the Site belong to www.horozart.com or are used with permission from their legal owners. The use of such content by the User or third parties for other purposes outside the limits stated on the Site is not permitted. Unauthorized use of such content may lead to copyright violations, violation of trademark-related provisions or other applicable legislation.
4.3. www.horozart.com Website aims to be respectful of law, laws, copyrights and personal rights. Therefore, in order to indicate the valid copyright owners, the source name and site address from which the content was obtained and the appropriate explanation regarding the license under which the content was obtained are included on the necessary pages for all types of content included in www.horozart.com Website. Users and Content Providers do not have the right to resell, process, share, distribute, exhibit www.horozart.com services, www.horozart.com information and www.horozart.com's copyrighted works or allow third parties to access or use www.horozart.com's services.
4.4. Unless expressly authorized by www.horozart.com within the scope of these Terms of Use, www.horozart.com reserves all rights to www.horozart.com services, www.horozart.com information, www.horozart.com copyrighted works, www.horozart.com trademarks, www.horozart.com commercial appearance or other assets and information provided through this site.
5. FORCE MAJEURE
5.1. In all cases deemed as force majeure by law, www.horozart.com is not legally responsible for any late performance and/or non-performance of its obligations arising from these Terms of Use. These and similar situations will not be deemed as delay, non-performance or default on the part of www.horozart.com and www.horozart.com will not be liable for any compensation for these situations.
5.2. The term force majeure shall be interpreted as events beyond the reasonable control of the relevant party and which www.horozart.com could not prevent despite exercising due care. In addition, but not limited to, natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures and/or interruptions, power outages and bad weather conditions are also considered within the scope of force majeure.
6. APPLICABLE LAW
In case of any foreign element in the implementation, interpretation and management of legal relations arising from these Terms of Use, Turkish Law shall be applied. Istanbul Central Courts and Enforcement Offices shall have jurisdiction in the resolution of any disputes arising or that may arise from these Terms of Use.
7. ENFORCEMENT
These 7-article Terms of Use shall enter into force on the date they are announced by www.horozart.com on the www.horozart.com Website. Users and Content Providers are deemed to have accepted these Terms of Use by using the www.horozart.com Website. www.horozart.com may amend the provisions of this Agreement at any time and the amendments shall enter into force on the date they are published on the www.horozart.com Website.