1. General Terms

1.1   It is necessary to read the User Agreement (“the Agreement”) for people connecting or using somehow the website or mobile application (“the User”) before connecting to (“Website”) operated by ETOHUM BİLİŞİM TEKNOLOJİLERİ YATIRIM VE TİCARET ANONİM ŞİRKETİ (“the Company”). In case of a denial the conditions herein, the use of Website must be immediately ceased by the User. If the User uses the Website, and/or he fills up the form including his personal information, the User Agreement shall be deemed as accepted and ratified by the User.

1.2   Company is entitled to change, reorganize or cease the access of any service, product, terms of use or any information provided in the Website with its sole discretion without any prior notice. Amendments shall enter into force on the date of announce in the Website. The Company recommends Users to check the legal warnings page every time they visit the Website. These conditions herein also apply to the other linked web pages.

2. Terms of Use

2.1   Services provided on the Website is free and open to all users unless otherwise stated. Use of the Website of any person involved in following cases can be prevented whilst their legal rights are reserved:

2.1.1  Saving incorrect, incomplete and misleading information and/or any inappropriate expression, and/or data contrary to Turkish Law to the Website.

2.1.2  The unauthorized copying of the Website content partly or as a whole,

2.1.3  Attempts to threat, or threats to security of the Website and/or the Application, using software leading to such a threat, or preventing their software, extracting or deleting or modifying the information.

2.2   The information provided within the scope of the initiatives belonging to third persons (“Project”) presented to the Users of the Website may be changed at any time with the sole discretion of the Company.

3. Use Of Content

3.1   The Company owns general view and design of the Website and all information, picture, all kinds of trademarks (including but not limited with “startup”, “startup turkey” and “startup istanbul”), internet domain name, logo, icon, demonstrative, written, electronic, graphic or technical data presented in machine-readable, computer software, the sales system, and all materials including business methods and business model (“Materials”). The Company is the owner or licensee of intellectual property rights relating them, and all those materials are under legal protection. Any material in the Website or Mobile Application including code and software, cannot be changed, copied, reproduced, translated into another language, re-published, installed on another computer, posted, transmitted, presented or distributed without reference and prior permission of the Company. The whole or a part of the Website cannot be used without permission in another website or mobile application.

3.2   The User is directly responsible for any damages which may be caused by sharing an information such as user name and password given to the Users or created by themselves and user rights with a third party or an organization (caused by use of that information by people other than the User). Likewise, the User shall not use personal information such as IP address, e-mail address, user name, etc. belonging to another person on the internet, nor shall he be able to access or use other users’ private information without permission. The User is deemed to have accepted any legal or criminal liability that may arise from such use.

3.3   The Company is not liable for any direct or indirect damages arising from breach of contract, tort, or other cause incurred in connection with the use of the Website, the Mobile Application, and other data and programs. The Company does not accept any responsibility in the event of interruption, error, omission, outage, deletion, loss, delay in processing or communication, computer viruses, malfunctions in telecommunication lines, communication error, theft, destruction or unauthorized access to records or modification or use of them that arises because of breach of contract, tort, negligence or other reasons.

3.4   All the contents transmitted by the User through the Website belong to the Company and can be used for marketing purposes at any time.

4. Rights and Responsibilities

4.1   The User accepts that he is deemed to have accepted all the provisions of the Agreement therein, and to be bound by them from the moment of first use of the Website. The User accepts to indemnify the Company for any damages incurred due to a violation of the obligations he undertakes with this Agreement. The Company has the right to recourse to the User for all kinds of compensation and/or administrative/judicial penalties it may have to pay to public institutions and/or to third parties due to the breach of contract by the User.

4.2   Transactions (duration and time of visit, viewed pages) by the User in the Website or Application is traced to provide better service. That information, within the confidentiality requirements, may be shared with other companies in cooperation with the Company on certain fields as advertisement, in order to improve the experience, and to expand and enhance the content provided by the Website and Application.

4.3   The User accepts to observe the provisions of Turkish Criminal Code, Turkish Commercial Code, Intellectual and Artistic Works Law, Decrees on Trademarks and Patent Rights, Law of Obligations, and other regulations, and any kind of announce and notification aired through the Website and Application. All the legal, criminal and financial responsibility is exclusively on the User acting in contrary to the above- mentioned provisions.

4.4   The User cannot be in any activity that prevents or obstructs other Users’ use of the Website. The User cannot obstruct the servers’ or databases’ operations, or make them deadlock, or attempt to any fraud. Otherwise, the User accepts his account to be terminated, and any legal and criminal responsibility will be on himself.

4.5   The account can be canceled by the User at any time through the Website. In that case, the User’s access to the Website will be revoked. It is the Company’s discretion to decide to delete all the records of that User. That User cannot claim any right or compensation related to deleted records.

4.6   The Website and Application may include links and references of any other website not being controlled by the Company. The Company does not have any responsibility relating to the contents of those websites or other links they provide.

4.7   Additional rules and responsibilities may be included by different sections of the Website provided that such terms are stated therein. using these sections deemed to have accepted those terms.

5. Service Continuity

5.1   The Company, unilaterally, may amend this Agreement without any notification in order to ensure continuity of its services. The Company, unilaterally, has the right to suspend the service temporarily or permanently, to change the content of the service or cancel it at any time without any reason. In case of any change, the Company will air the updated version of the User Agreement via the same link with its new date on the Website, and if necessary, it will notify the Users via e-mail. The updated Agreement will be effective on its release moment, and the use of the Website and Application will be subject to renewed Agreement.

5.2   The User is deemed to have accepted the Agreement herein by filling and/or accepting the registration form, or gets any service, or receives an order through the system herein. The Agreement automatically will be null and void when the User’s account is closed anyhow.

6. Privacy

6.1   The Website uses Facebook’s and Google Analytics’ Remarketing & Demographics and Interest Reporting features. The User can opt out of Google Analytics for Display Advertising using the Ads settings, and the Google Display Network ads can be customized. Demographic information provided by Google Analytics and Facebook is used to customize the Ads on the Website and, if applicable, the Site, to the interests of the Users. This information may be shared with advertising publishers, including information about other Users, while being used in the determining of target group. This information does not include personal information (name, surname, T.C ID, sex, age, etc.), but is used for studies the user trends as a group and to compile the target. By agreeing the User Agreement, anonymous information is accepted to be shared with advertising publishers for advertising and promotional purposes.

6.2   Third party vendors including Google will show the ads of the Company and Application in the banner areas provided by the publisher’s web sites in the internet. We and third party vendors, including Google, may use first party cookies and third party cookies based on the visits to Company and mobile application of the visitors in the past, to gather information regarding the ads, optimize the ads and publish.

6.3   We may disclose your information or share it with the competent authorities where such disclosure will be requested as a legal obligation, or to act in conformance with the applicable legal requirements, or to comply with the legal orders noticed to our side.

6.4   The User’s credit card information requested on the payment page is not kept by the servers of the Website, Application or any other servers of third parties for provide maximum security to Users. All payment transactions are made via the Website on the interface between the bank and the device of the User.

6.5   Ratifying this Agreement indicates the User understanding that the information he shares with the Company belonging to himself may be used by the Company and its affiliates in order to operate the sales and marketing activities and to provide notification via any means of appropriate communication.

6.6   You can always be removed from the mailing list by clicking “Please click here if you do not want to be informed about the campaign announcements” link at the bottom of the e-mails sent within the scope of the Website usership, or by leaving the “I want to be informed about the campaigns and opportunities” field empty which you can find in the “Update Membership Information” section under “My Account” on Website/ Mobile Application.

7. Intellectual Property Rights

7.1   The Company owns all the materials (“material”) of the Website and Application including the general view and design and all information, picture, trademark of the Company and all other trademarks, internet domain name, logo, icon, demonstrative, written, electronic, graphic or technical data which is machine-readable, computer software , the sales system, business methods and business model. The Company is the owner or licensee of intellectual property rights relating thereto, and these Materials are under legal protection.

7.2   Any material in the Platform, including code and software, cannot be changed, copied, reproduced, translated, re-published, installed on another computer, posted, transmitted, presented or distributed without prior permission and reference. The whole or a part of the Application or Website cannot be used in another website or mobile application without permission. Actions against this provision herein entails legal and criminal responsibility. All other rights to the company not expressly granted herein are reserved.

7.3   The Company does not undertake any commitment regarding the lawful use of the materials including information, picture, trademark of the Company and all other trademarks, internet domain name, logo, icon, demonstrative, written, electronic, graphic or technical data which is machine-readable, computer software, the sales system, business methods and business model as the contents of projects of third persons listed in the Website and shared by the proprietors of projects. All legal claims in this context shall exclusively be directed to the proprietor of the Project.

8. Processing and Security of Personal Data

8.1   The User gives an express consent to process and transfer of his personal data within the scope of Law on Personal Data Protection (“Law”). The data shall be processed during the membership period.

8.2   Within the scope of Law, ETOHUM BİLİŞİM TEKNOLOJİLERİ YATIRIM VE TİCARET ANONİM ŞİRKETİ shall be the Data Supervisor and the Company accepts and undertakes to fulfil its obligations arising from the Law.

8.3   In order to serve a better service, gather statistical information, enhance the commercial activity and fulfill the obligations arising from the User Agreement, personal data of the User shall be processed.

8.4   The User declares that he expressly accepts his personal data to be transferred to third persons domestic or abroad which is determined by the Company for keeping, storage, and processing for any purpose.

8.5   The personal data belonging to the User shall be gathered via this User Agreement or any other means in electronic platform.

8.6   User is entitled to learn whether his personal data is processed, to demand information about such processed data, to learn the purpose of such data process, and to check whether such data processing is in accordance with its purpose, to obtain information about the third parties that his personal data is transferred, to demand correction for its personal data if there is a mistake, to request a notification for the third parties to correct such data mistake if the data is transferred, to claim for a permanent removal, obliteration or anonymization of his personal data in case there is no longer any reason to process his data, to object any adverse outcome related with the User as a result of the data processing, to claim his/her loss which is occurred due to unlawful data processing from the Company as a Data Supervisor in any time.

9. Governing Law and Competent Courts

Turkish Law shall govern any dispute arising out of the implementation and interpretation of the Agreement herein, or the Agreement itself. In the event of any dispute arising out of or in connection with this Agreement, Istanbul Courts and Execution Offices are authorized.

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