This Membership Agreement (referred as “Membership Agreement” henceforth) is made between USAILAN.COM (referred as “USAILAN” henceforth) resident in “125 Kingsland Ave, Brooklyn, NY, 11222, USA” and the "Member" who has granted agreement to rule entered into force in electronic form including annexes which are integral parts of the Membership Agreement and the conditions contained in the usailan.com web site
“Site”: Website under www.usailan.com domain name and connected sub-domain names where “USAILAN” provides “Services”.
“User”: Real individuals or legal entities accessing to “Site”
“Member” “User(s)” becoming a member of “Site” or using services provided by “Site” under given conditions.
“Membership”: Status provided to “User” who wants to become “Member” after providing membership form on website with real ID information and receiving “USAILAN” approval. Before validation and completion of membership operations, “Member” rights or authorisation will not be provided. "Membership" rights and obligations are the rights and obligations of the applicant, in whole or in part, which cannot be transferred to any third party. “USAILAN” reserves the right to may be rejected "Membership" application without any reason or asking additional terms and conditions. If required by “USAILAN”, “Membership” status of “Member” can be terminated without any reason. “USAILAN” reserves the right to decline any new application from same “Member”.
“Membership Agreement” In addition to the terms and conditions contained in the "Site" and the annexes, which are integral part of the agreement approved in electronic medium that show acceptance of the "Membership Agreement” and electronic agreement containing terms and conditions on “Site.
"USAILAN Membership Account": "User name" and "password” area that the user has committed and the "member" private internet pages that the user has accessed via "Site” where "Member" performs the work and transactions necessary to benefit from the services provided on "Site", requests made to "USAILAN" in related matters, and where "Users” can update the membership information and display the reports related to the services offered by “Site.
“USAILAN Services” ("Services"): Applications submitted by "USAILAN” to ensure that “”Site” perform the tasks and transactions defined in the "Membership Agreement". "USER” reserves the right to make changes and / or adaptations when requested to download the "Services" provided in the "Site". The terms and conditions that "Member" is obliged to obey in relation to the changes and / or adaptations are announced on the "Site" to "Member", and the announced terms and conditions shall enter into force on the date of publication in "Site".
“Content”: All kinds of information, texts, files, pictures, videos, figures, visual, written, and auditory images which are published and accessible on the "Site".
"USAILAN Interface" : Database maintained for displaying content created by Members and USAILAN to Users and to query “USAILAN Database” under the Law on Intellectual and Artistic Works No. 5846 belonging to “USAILAN" where the contents accessed within the "Site" are stored, classified, queried and accessible.
“USAILAN Database": Database maintained under the Law on Intellectual and Artistic Works No. 5846 belonging to “USAILAN" where the contents accessed within the "Site" are stored, classified, queried and accessible.
“My Account” page: “A special page for the Member”, which can be accessed by “Member” with the username and password specified by the “Member”, where the “Member” can carry out the necessary actions to take advantage of the various applications and “Services” available on the “Site”, enter personal information, preferences etc.
“Personal Data”: Under Article 3 / d of the Law on the Protection of Personal Data (No. 6698), all personal information belonging to specific or identifiable real person and personal data listed in Article 6/1 of the CMB.
"Qualified personal data": Biometric and genetic data of individuals related with race, ethnicity, political thought, philosophical belief, religion, sect or other beliefs, costume and clothing, association, foundation or trade union membership, health, sexual life, criminal conviction, and security measures.
3. Subject and Scope of “Membership Agreement”
4. Membership Conditions
4.1 To be a member of the “Site”, it is required to be of full age and not be removed from membership temporarily, suspended or permanently prohibited from membership by "USAILAN" under this "Membership Agreement".
4.2 “USAILAN" reserves the right to terminate this Membership Agreement unilaterally, terminate or temporarily suspend the Membership Agreement at any time without notice, compensation, penalty, or other obligation. In the event of a violation of the rules set forth on “Site”, when “User” is a risk factor for “USAILAN” information security system, USAILAN reserves the right to terminate or temporarily suspend membership.
5. Rights and Obligations of Parties
5.1 Rights and Obligations of Members
5.1.1 “Member” acknowledges and agrees that s/he will comply with the rules, declarations, all applicable laws, and regulations, and all the terms and conditions of the “Membership Agreement” and terms and conditions on “Site”.
5.1.2. “Member” acknowledges that “USAILAN” is authorized to disclose confidential / private / personal data / commercial data to the public authorities when under obligation in accordance with the provisions of the applicable legislation, and that “User” has no right to claim a compensation from “USAILAN” in such cases. In addition to this, if the proprietor declares that the rights of any person or institution are violated with respect to the announcements made on the “Site”,” USAILAN” may give the name and surname information of the “Member” to related authorities.
5.1.3. “Members” are solely responsible for maintaining the security of the username and password used by the members in entering to “USAILAN Membership Account”, and for their exclusive and independent use by third parties. “Member” is responsible for any and all damages, including material and / or moral damages, that may be incurred or suffered by other Members and / or USAILAN and / or third parties due to negligence in this respect.
5.1.4. “Member” agrees and acknowledges that the information and contents provided to “Site” are correct and legally relevant and that the publication and display of such information and contents on “Site” or the sale and display of products related to such content do not violate any law in accordance with the applicable law. "USAILAN" shall not be liable and responsible for the investigation of the accuracy of the information and contents uploaded by "Member" through “Site” nor shall be liable for any damages arising from wrong or incorrect information or content.
5.1.5. "Member" has no right to assign or transfer this “Membership Agreement” or the rights and obligations of this “Membership Agreement” to any third party, in whole or in part, without the written approval of “USAILAN”.
5.1.6. “Member” can complete operation on “Site” compliant with applicable law. “Member” has the sole responsibility of legal and penalty for all operations and actions within “Site”. "Member" agrees and acknowledges that s/he will not reproduce the images, texts, audio and visual images, video clips, files, databases, catalogues, and lists contained in the "Site" which are likely to infringe any personal rights, property, or personal data of USAILAN and / or any other third party. and s/he will not copy, distribute, process, transmit to another database, or upload such data on “Site” in such a way as to create results, engage in any commercial activity by carrying out such actions, and directly or indirectly cause unfair competition. “USAILAN” cannot be directly and / or indirectly held accountable for the damages that the third party may suffer or experience due to the activities on the "Site" that the Member has performed in contradiction with the provisions of this “Membership Agreement” and applicable law.
5.1.7. “USAILAN allows “Members” to view advertisements only for the purpose of learning the contents of related advertisements and to use the “USAILAN Interface”. In case of “Member” tries to reach the advertisements with specific number or as a whole through the database for any purpose other than usage, tries to copy the advertisements in whole or in part directly or indirectly, tires to compile, process, transfer to another database, opens for access and provides data to third parties from this database, and gives links to advertisements on “USAILAN", this shall be considered as infringement of this agreement and such acts are strictly forbidden. Such acts are contrary to law and USAILAN reserves the right to demand, follow a litigation, and follow-up the situation.
5.1.8. "Member” accepts and undertakes that there is no liability of USAILAN regarding the defects in the goods and services received from the third parties and that all claims and responsibilities under the Law on the Protection of the Consumer and other related legislation belong to the seller of the relevant goods and services and all liability and liability related thereto to seller.
5.2 Rights and Obligations of “USAILAN”
5.2.1. “USAILAN" accepts, declares, and undertakes that “USAILAN” shall fulfil the services mentioned under the terms and conditions set forth in this "Membership Agreement” and “USAILAN Membership Account”, and facilitated necessary technological infrastructure to offer services under this "Membership Agreement” The obligation to establish the technological infrastructure stated in this article does not mean an unlimited and complete service commitment. “USAILAN” reserves the right to terminate or suspend the services and technological infrastructure specified by this "Membership Agreement" without notice at any time.
5.2.2. “USAILAN" reserves the right to change and delete the services and content offered on the “Site” at any time, and the information and contents uploaded by the "Members" in the system to the access of third parties, including "Site" users. “USAILAN" may use this right without any information and without prior notice. Members are obliged to promptly make any amendments and / or corrections requested by “USAILAN". Amendments and / or changes may be made by “USAILAN" if deemed necessary. All damages, legal and criminal liabilities arising out of or in violation of the timely execution of the amendments and / or correction requests requested by “USAILAN" shall belong entirely to the user.
5.2.3. Through the "Site", you may link to other internet sites and / or portals, files or content owned and operated by the Sellers, providers and other third parties that are not under the control and audit of “USAILAN”. These links may be provided by “Members” or for simplicity of reference only and may not be of any kind for the purpose of supporting the web site or operator operated by the link or for information contained on the website or the information contained therein. “USAILAN” has no liability for any of the sites, portals, websites, files, and content accessed through the links, or services or products offered through the links or internet sites, or "their" content.
5.2.4. "USER" may remove messages from the Site at any time and for any reason that contradicts the Code of Conduct, the law, the rights of others, the terms of this "Membership Agreement", the protection of personal data, and the "moral code", without giving any notice to this “Member”.
5.2.5. “USAILAN", any employees, and manager have no obligation to investigate and check the authenticity, correctness and accuracy of the contents provided by the “Members” and the “User” on “Site”.
5.2.6. "USAILAN" operates as “Place Provider” under the "Law Regarding the Arrangement of Publications Made on the Internet and Fighting the Crimes Processed Through These Publications" No. 5651 published by no.581 document Telecommunication Authority Communication Presidency dated 17.01.2013.
6.2 “USAILAN” can use information such as name, surname, telephone number and e-mail address requested in the course of becoming a "Member" set forth in this "Membership Agreement", subject to the conditions stipulated in the applicable legislation, e-mail, on-site informational and similar methods, communication activities for promotional and informative purposes, research, marketing activities and statistical analysis, or similar documents to contact "Member". In accordance with the applicable legislation, personal data may also be transferred to and processed by companies that are cooperating with “USAILAN" to conduct research, database creation and market research to improve usailan.com processes. Users are approving such data processing by real person and/or corporates that are cooperating with “USAILAN” for stated purposes.
6.3 Data that may constitute personal data and the data entered by the member into the Site shall be collected by the use of the functions of "Site" by “USAILAN" for the purposes stated above. "Member" acknowledges and declares that the collection, processing, and transmission of these data is a mandatory requirement for the operation of the “USAILAN" system, otherwise it is not possible to benefit from the services and features provided by the Site. "Member" agrees and expressly consents to the collection, processing, and transfer of personal data to use the functions of the "Site" in accordance with the purposes set out in this agreement and each supplement in connection with the use of the personal data contained in this contract and its annexes.
6.4 “Member” is liable for use only in accordance with the Purpose of disclosing this information to the Member or to purposes disclosed by “USAILAN” and for the protection, processing, transfer of the Personal Data to USAILAN or third party obtained and for all liabilities under the KVKK, and “Member” acknowledges, declares, and undertakes that USAILAN has no liability or responsibility for any personal data other than personal data declared by KVKK. If Member acts against the obligation to protect the personal data or if the personal data is processed, transmitted, or otherwise processed and this violation causes a violation, the Personal Data Protection Board or the administrative authorities or the courts, in the event of such claim, Member declares and undertakes that USAILAN will not be indemnified and no reimbursement shall be claimed.
6.5 Member accepts, acknowledge, and declares that “USAILAN” has no liability of processing, recording, showing publicly known personal data from USAILAN membership and/or advertisements on “Site” by Google to other search engines or similar data indexing systems and to direct all requests and claims to other search engines or search systems, primarily Google, as well as real and / or legal entities operating indexing systems.
6.6 “Member” accepts, acknowledge, and declares that when “Member” published special personal data on “USAILAN” website, such personal data becomes public, and direct or indirect collection, processing, and transfer of such data by “USAILAN” from “Site” shall not be deemed illegal and in this scope, with this article, Member hereby declares and undertakes that s/he consents to the collection, processing, and transfer of such personal data of this nature by “USAILAN".
8. Changes in "Membership Agreement”
“USAILAN" may at its sole discretion and unilaterally modify this "Membership Agreement" by posting it at any time at the "Site". The changing provisions of this "Membership Agreement" will become effective on the date of publication on the Site and the remaining provisions will remain in effect and will continue to have consequences. This "Membership Agreement" cannot be replaced by unilateral declarations of "Member".
9. Force Majeure
In all cases of force majeure “USAILAN" shall not ve liable for late or incomplete or non-performance of any of the actions set forth in this "Membership Agreement". Such and similar circumstances shall not be deemed to be delayed, incomplete or in breach or default by "USER", or compensation from “USAILAN" shall not be claimed. Force majeure terms refers to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, systematic improvements, or upgrades, and without any reasonable control, including, without limitation, electrical failures, and bad weather conditions where “USAILAN" cannot avoid or control although necessary dedication is provided.
10. Applicable Law and Authority
In the event of implementation and applicability of this "Membership Agreement" due to foreign elements in the management of the legal relations arising under this "Membership Agreement", Turkish Internal Law will be applied directly, excluding the conflicts of laws of Turkey.
11. Validity of "USAILAN" Records
Member declares, undertakes, and agrees that in the disputes that may arise from this Membership Agreement, all record on database, electronic and system records, commercial records, notebook records, microfilm, microfiche, and computer records of USAILAN are accepted as evidence under HMK Law. 193.
The annexes which are an integral part of the "Membership Agreement" and the terms and conditions contained in the "Site” hereby entered into force on the electronic medium with the approval of the "Member" electronically. If any provision of the "Membership Agreement" is invalid, unlawful, or enforceable, it will not affect the enforceability of the remaining provisions of the agreement.