User Agreement

Last updated: December 22, 2024

Parties and Scope of the Agreement

This Platform Terms of Use ("Agreement") is established between Photivu Yazılım ve Teknoloji A.Ş. ("Platform") and the natural person ("Member") who accesses the Platform's website and/or creates a membership to benefit from services, in order to regulate the procedures and principles regarding the use of services offered through the Platform and to determine the mutual rights and obligations of the parties.

The Member accepts, declares, and undertakes that they have read all the terms and conditions in this Agreement completely, fully understood their contents, and will comply with these provisions as long as they continue to access the Platform's digital environments.

Definitions

Service/Services: All content services provided by the Platform to enable Members to perform the transactions defined in this Agreement.
User(s): Natural persons who access the channels offered by the Platform, view pages related to Services, but have not yet completed the membership registration process.
Member(s): Natural persons who digitally access the Platform's channels, create membership registration to benefit from the Services offered, and are 18 years of age or older.
Event: Organizations such as weddings, engagements, graduations, birthdays, and similar events.
Photo: All visual content obtained with the explicit consent of Members.
Member Page: The personal account page that the Member uses to benefit from the Services offered on the Platform; accessible only with username and password.

Rights and Obligations of the Parties

For the acquisition of membership status; the User who wants to become a member and is 18 years of age or older must fill out the membership form on the Platform with accurate, current, and complete information, approve this Agreement electronically, and complete email or SMS verification.

All rights and obligations arising from membership belong only to the natural person whose membership is approved by the Platform. The Member cannot transfer or allow the use of these rights and obligations to third parties in any way.

All responsibility regarding the confidentiality, protection, and non-sharing of the username and password information that the Member uses to access their Membership Account lies exclusively with the Member.

Payment and Right of Withdrawal

In accordance with Article 15/1-ğ of the Distance Contracts Regulation, there is no right of withdrawal in contracts for services that are instantly performed electronically and digital content that is instantly delivered. The Member declares that they know and accept in advance that they cannot exercise the right of withdrawal once access to the content is provided for digital products or services purchased through the Platform.

Prohibited Actions

Reverse engineering of the Platform's website
Providing false, incomplete, or misleading information
Unauthorized use of another member's account information
Using the Platform for illegal purposes
Extracting data using bots, robots, or crawler software
Spreading viruses or malicious software
Collecting information about members without their consent

Intellectual Property and License Rights

All content, software, design, database, audio-visual materials, brand elements, and copyrighted works belonging to the Platform are subject to the intellectual and industrial property rights of the Platform or relevant rights holders. These contents cannot be copied, reproduced, or used for commercial purposes without the written permission of the Platform.

Agreement Changes and Termination

The Platform has the right to unilaterally change or update this Agreement at any time. Changes enter into force on the date they are published on the channels, and the Member is deemed to have accepted the changes by continuing to use the Platform.

The Member can terminate their membership at any time through the Member Page or by sending a request to the communication channels specified on the Platform.

Force Majeure

Force Majeure events include natural disasters, war, terrorism, uprising, civil unrest, government intervention, strikes and lockouts, extensive cyber attacks, power outages, and similar events. In case of Force Majeure, the Platform's late or incomplete performance of its obligations is not considered a default.

Legal Disputes and Jurisdiction

Turkish Law applies in the implementation of this Agreement. In disputes arising from the Agreement; Mersin Courts and Enforcement Offices in cases where the Member does not have consumer status, and authorized Consumer Arbitration Committees and Consumer Courts in cases where the Member has consumer status shall have jurisdiction.

Contact Information

Platform: photivu.com
Trade Name: Photivu Yazılım ve Teknoloji A.Ş.
Headquarters: Istanbul
Phone: +90 533 619 83 33
Email: info@photivu.com