MARMARA FORUM MEMBERSHIP AGREEMENT AND CONFIDENTIALITY PRINCIPLES
This Agreement is hereby entered into by and between Multi Yirmibeş Emlak Geliştirme Yatırım İnşaat ve Ticaret A.Ş. whose principal place of business is residing at the address of Büyükdere Cad., No: 199, Kat:25-26, Levent, Istanbul (“MARMARA FORUM”) and www.marmaraforum.com.tr (the ”Web Site”) member (“Member”) subject to the following terms and conditions. The Member may start to use the Web Site by logging in his/her e-mail address and password subject to the compliance with the terms and conditions set out hereinafter the Member completes his/her registration formalities with the Site and approves his/her e-mail address. In the event that the Agreement is signed for and on behalf of a legal person, the person who signs the Agreement agrees, represents and undertakes that he/she is authorized to sign this Agreement on behalf of the said legal person; that otherwise (in case of unauthorized formality), he/she shall be personally liable for all present/ future procedures that he/she may commit from now on. The member agrees that as soon as he/she starts to make use of services, he/she shall be deemed to have accepted all conditions and terms of the Agreement and that these terms and conditions shall be binding for him. Marmara Forum reserves its right to change terms and conditions below from time to time as may be necessitated by the applicable legislation or this Agreement or at its own discretion or by getting the Member’s approval by sending an e-mail.
1. Member’s Rights and Obligations
1.1 Marmara Forum is a web site open to the use of every member. Services provided over the Site are free.
1.2 The Member agrees, represents and undertakes that he/she shall comply with all conditions set out herein and rules posted at the relevant parts of the web site for its use.
1.3 The Member agrees to comply with all announcements and notices that Marmara Forum may post in connection with its services as well as in line with the Code of Obligations, Turkish Criminal Code, Turkish Code of Commerce, Intellectual and Artistic Works Law, the Law on the Protection of Trade Mark and Patent Rights, the Personal Data Protection Law and the applicable Decree-laws and other applicable legislation when he/she uses the Web Site. All civil, criminal and financial liabilities arising from the use of the web site in breach of these notices and laws shall be borne by the Member.
1.4 The Member shall indemnify any and all losses that Marmara Forum may sustain on account of his/her/her acts in breach of his/her/her obligations assumed by him hereunder and Marmara Forum shall have the right to have full recourse to the Member for all damages and administrative/ judicial fines that he/she may be ordered to pay to public institutions and/ or third parties on account of his/her/her breach of the Agreement.
1.5 The Member may not commit any act that makes it more difficult for or prevents other members and visitors to make use of the Web Site; may not block serves or databases by uploading them with automatic programs; nor may he/she make such initiatives that mislead the data. Otherwise, he/she agrees that his/her/her membership shall be terminated and that he/she shall assume any and all civil and criminal liabilities that may arise from it.
1.6 It is the personal responsibility of the Member to keep a back-up of the correspondence exchanged with Marmara Forum and it is recommended by Marmara Forum. Marmara Forum may not be held liable for the lost and deleted data because the back-up of their correspondence has not been taken.
1.7 All records related to membership account terminated by Marmara Forum or the Member himself may be kept by Marmara Forum subject to terms and conditions set out by the Personal Data Protection Law; however, Marmara Forum shall be free to delete said records with effect from the termination of membership. However, the Member’s right to be informed about his/her/her personal data remains reserved. The said right may be used pursuant to Article 5 below.
1.8 The Member agrees and represents that his/her/her personal data and other data provided by it during his/her registration with the Web Site or for applications to competitions/ events etc are true and current and that in case such data are not correct or current, he/she shall indemnify all losses that Marmara Forum may suffer in this respect in full and immediately.
1.9. Risks associated with links posted at the Web Site to provide convenience and information to visitors (links that direct the Member to different web sites) shall be borne by the Member.
1.10 Visual and written contents offered at the Web Site are for personal use. All rights of all texts, graphics, pictures, videos, animations, and sounds available at the contents of the Web Site are reserved; unless otherwise is specified, it may not be used for personal or commercial purposes and without any permission and no plagiarizing is permitted. It is prohibited to publish any content posted at the Web Site at another web site or another channel or provide a link for access to it without the permission of Marmara Forum.
1.11 The Member may in no event use, resell, share, distribute, display, exhibit, reproduce, process such copyrighted material of Marmara Forum posted at the Web Site nor may he/she make or prepare derivative works from them. Otherwise the Member shall be liable for all losses that Marmara Forum may suffer.
1.12 It is strictly forbidden to copy or use such software used for the design of the pages and creation of the database and whose all rights are owned by Marmara Forum.
1.13 The Member may not delete or remove legends or notices about copyright, trademarks and notes under the Intellectual and Artistic Works from any material copied from the Web Site or printed from it.
2. Marmara Forum’s Rights and Obligations
2.1 In circumstances below, in addition to its statutory rights, Marmara Forum shall have the right to cancel the said procedures, to cease the Member’s use, to terminate the Member’s membership rights and to unilaterally terminate this Agreement with immediate effect. The Member shall be totally liable in case:
(a) Wrong, irregular, incomplete o misleading information or such information that contains statements in breach of general ethical rules or is not in compliance with Turkish Republic legislation is registered with the Site;
(b) All works or data posted at the Web Site are totally or partially copied and used or in case of an attempt to use them this way;
(c) User name or password or similar data, user rights given by Marmara Forum to members or determined by the members themselves are disclosed with third parties to the extent that such password is abused by third parties in bad faith. Similarly, the Member may not use another member’s IP address, e-mail address, user name and other data in web site environment nor may he/she have access to or use private data of other Members without any permission. The Member shall be fully liable for any civil and criminal liability that may arise from this kind of use.
(d) If such software that threatens the general security of the Web Site is used or certain activities are done, or there is an attempt to do them, in this respect or data are retrieved, deleted, changed or altered with this purpose;
(e) Marmara Forum determines that the Member causes any harm to Marmara Forum by taking advantage of Marmara Forum campaigns, contests, event applications or a Web Site gap (technical or otherwise); or he/she tries to secure an unfair advantage or tries to proceed with repeated applications, or the Site is abused;
(f) In case the Member acts in breach of all conditions set out herein or rules posted at various parts of the Web Site or acts against the applicable law when he/she uses the Web Site.
2.2 Marmara Forum shall act in line with the privacy policy set out herein during the use of the Web Site. Notwithstanding the foregoing, Marmara Forum shall be under the obligation to store such Membership data that it is required to store and keep such Membership data that it is required to store under the applicable law.
2.3 Certain data below may be processed for various purposes, including the improvement of the quality of the services offered by Marmara Forum, application of special promotional operations specific for the Membership profile or for customer “classification” works that are intended to prevent the transmission of spam e-mails: Various details of users and Members who visit the Web Site and/ or apply to contests and events (such as name and surname, e-mail address, telephone number, gender, birth date, residential address and similar data), visitor movements, the frequency by which the visitors visit the web site, visit time and time period, IP address at the time of the web site use, bulk statistical data that do not contain personal information such as statistical data of visited pages, analyses of poll questions responding to which is totally left to the discretion of the user and similar data. For promotion, advertising, supply and similar matters, all information at hand or all personal data shared by the Member may be disclosed or shared during, or even after the termination of, the Agreement to handle and complete the web site user processes of the Members, to provide for the relevant communication, to give information about products, services, campaigns and promotions, to categorize Members for the interception of spam e-mails in parallel with the contact preferences of the Members, completion of trend and statistical analyses for the purpose of enhancing or developing the Web Site contents, to consolidate the Web Site security and to make members have a more personalized and effective user experience or these data may be shared with Marmara Forum’s business partners in Turkey or abroad (advertising or promotional firms and service providers and Multi Corporation Group of Companies) on the condition that appropriate security measures shall have been adopted. Data updates to be executed at www.MarmaraForum.com.tr shall affect such data for Marmara Forum Yasam Card Membership Program whereas data updates to be carried out over Marmara Forum Yasam Membership Program shall affect such data share for www.MarmaraForum.com.tr web site. Membership data shared over www.MarmaraForum.com.tr updates membership data provided over Marmara Forum Yasam Membership Program and membership data provided over Marmara Forum Yasam Card Membership Program updates membership data at www.MararaForum.com.tr. Members give their consent all personal data shared by them with Marmara Forum or consents and approvals provided by them thereunder at Marmara Forum Yaşam Kartı Membership Program, a Marmara Forum application, or they further consent that personal data shared with Marmara Forum in line with Marmara Forum Yaşam Kart Membership Program may be used, processed and stored in line with this Agreement as well. In this respect, the latest information, consents and approvals provided by the Member in line with Marmara Forum.com.tr or Marmara Forum Yaşam Kart Membership Program shall be applicable for both memberships. Notwithstanding the foregoing, Marmara Forum shall not use these data for commercial purposes for any reason other than its business operations. This provision does not prevent the transfer of this Agreement to third parties. Cookies are used and they may be defined as tiny data files that are recorded with Member’s computer during his/her visit to the web site. These files are industry-stand files used to make the user experience of Members more efficient and secure. If you do not wish to use such data or are willing to be informed about their use, you can make necessary changes to your browser.
2.4 Marmara Forum shall have the right to use all membership data in connection with its marketing operations during the term of this Agreement or after its expiry subject to this Agreement and all valid legal regulations.
2.5 Marmara Forum undertakes that the Member shall be entitled to make use of all services covered by this Agreement and the Personal Data Protection Law except for technical faults and such data disclosed by the Member shall not be shared with third parties except for legal requirements and such circumstances that such data should be shared with third parties.
3. Transfer, scope, term and effectiveness of the Agreement
3.1 The Member shall be deemed to have undertaken to comply with this Agreement as soon as he/she gets any service by making this system or his/her e-mail address is approved upon the completion of registration works. The Agreement shall automatically become void and null without any further notice upon the expiry of the membership or termination of the Agreement (whichever comes first).
3.2 The Member agrees in advance that if required by Marmara Forum, Marmara Forum may cancel the Member’s membership and terminate his/her Membership Agreement upon notice of cause to the Member.
3.2 Membership cancellation and account deletion may be done by the Member by sending an e-mail to info@MarmaraForum.com.tr or by calling 0212 414 94 94. A member who terminates his/her membership shall be deprived of his/her right to make use of the Web Site and also if he/she wishes to opt out of the e-bulletin membership, he/she may do this at any time by clicking on the “please click if you do not want to get any news from us” at the bottom of the e-bulletins. The Member may have access to the web site by using such contact details at the end of the right to use the Agreement/ Web Site.
3.4 Marmara Forum may unilaterally change this Agreement to ensure the sustainability of the services undertaken by it. Provided that the Web Site’s final purpose and services offered by Marmara Forum shall remain the same, Marmara Forum shall at all times have the right, without stating any reason, to unilaterally discontinue these Services temporarily or permanently or to cancel or modify the contents of the Service posted at the Web Site. Marmara Forum shall post updated membership terms and conditions at the Web site under the same link along with updated dates and e-mail them to the Member if it deems it necessary. Updated membership terms and conditions shall become effective upon their publication and the use of the Web Site or its services shall be subject to new membership terms and conditions as of that time.
3.5 Different rules and obligations may appear at specific parts of the Web Site unique to that section. A member who uses these sections shall be deemed to have read and accepted these rules and obligations.
3.6 The Member irrevocably agrees, represents and undertakes that Marmara Forum may assign this Agreement to third parties and that he/she hereby consents in advance to the assignment of the Agreement to third parties pursuant to Article 205 of Turkish Code of Obligations.
4. Miscellaneous
4.1 This Agreement and its validity, interpretation and performance shall be subject to Turkish laws and Istanbul Çağlayan Courts and Execution Offices shall have jurisdiction over the settlement of any dispute arising from this Agreement.
4.2 E-mail address notified by the Member to Marmara Forum shall be accepted as the legal notification address for all kinds of notices to be served in connection herewith.
4.3 The Parties agree that unless a change of notice to the current e-mail address is given to the other Party within 3 (three) days, the notices served on former e-mail addresses shall be valid and considered to have been served on them.
4.4 Any notice to be served by using the Member’s registered e-mail address shall be deemed to have been received by the Member 1 (one) day after its dispatch by Marmara Forum.
5. Access Rights of Member about his/her Personal Data
5.1 The Member shall have the following rights pursuant to Article 11 of the Personal Data Protection Law by sending an e-mail to info@MarmaraForum.com.tr or making a written application to the following address in writing: (a) To inquire about whether such data are processed; (b) If processed, to demand information, (c) To inquire about the purpose of process and whether such data are used in line with that purpose; (d) to know about third parties to whom data are transferred in Turkey/ abroad; (e) To demand for correction of any incompletely/ wrong processed data; (f) to demand that his/her data shall be erased/ destroyed in line with terms and conditions set out in Article 7 of the Personal Data Protection Law; (g) To demand that actions taken pursuant to paragraphs (d) and (e) above are notified to third parties to which such data are transferred; (h) To object to any consequences against on account of the fact that they are exclusively analysed by means of automatic systems; (i) in case you suffer a loss due to unlawful process, to demand that such loss should be compensated.
5.2 Marmara Forum shall finalize such requests in an application free of charge as soon as possible and at the latest within thirty days based on the nature of the request. However, in case such an operation requires Marmara Forum to pay a further cost, the Member may be charged with the fee set out in the tariff determined by the Personal Data Protection Committee. The Member agrees, represents and undertakes that he/she has read, understood and accepted all articles in this Agreement and that the data provided by him are true and correct.
