“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 based on this agreement.
“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”.
"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 this 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.
3. USAILAN SERVICES
3.1 “USAILAN” provides viewing content uploaded by “Members” to “USAILAN Database” by using interfaces on “USAILAN Database.”
3.2 “USAILAN" provides listing services in various types that prioritize the display of advertisements so that "Users" within "Site" can access the "Member" advertisements more easily.
3.3 “USAILAN” offers reporting services under various categories regarding operation and viewing number within “Site”.
3.4 “USAILAN” reserves the right to add, renew, change services and scopes of services within “Site, change “Content” accessible on “Site”, close “Site” for access of third parties and terminate all operations. “USAILAN" may use this right without any information and without prior notice.
4. CONDITIONS AND OBLIGATIONS REGARDING USE OF USAILAN SITE
4.1 “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”. “User” accepts, acknowledges, and declares that “USAILAN” has no liability for legal and penalty consequences for such actions.
4.2 “Site” operates as “Members” view “Content” uploaded to “USAILAN Database”. “USAILAN” provides no guarantee for reality, correctness, security, and legal content of advertisements and “Content” uploaded by “Users”. “USAILAN” has no liability or responsibility for such advertisement and “Content”, therefore “USAILAN” shall have no liability for compensation for “User” damages.
4.3 "Member" agrees and acknowledges that s/he will not reproduce, copy, distribute, process, transmit the images, texts, audio and visual images, video clips, files, databases, catalogues, and lists contained in the "Site", and acts in a way that may cause direct and/or indirect unfair competition.
4.4 Users accept, declare, and acknowledge that they shall not carry out activities that will cause unfair competition in accordance with the provisions of the Turkish Commercial Code within the Site and that they shall not infringe or violate the personal rights of third parties, shall comply with the legislation, shall commit themselves to take necessary precautions and procedures and shall not engage in acts and behaviours that are unlawful, criminal, offensive, damaging to personal rights, infringement of copyrights, trademark rights and property rights.
4.5 “User” are liable for using information they accessed within “Site” for purpose of “Member” who disclosed these information or purpose of “USAILAN” and refrain from commercial use. Contact information provided by the Member in the advertisement can only be used for learning more about the advertisement. Personal data and / or personal data belonging to the third party belonging to the classified or protected person under protection of the Personal Data Protection Law No. 6698 cannot be used for any other purpose, copied, published, processed, or distributed in other circles directly or indirectly, or cannot be transferred to other databases.
4.6 "USAILAN" may use, process, share, disclose, maintain, and classify "User" information on a database, use it for communication activities for promotional and informative purposes, for marketing activities and for statistical analysis. Additionally, “USAILAN” may use information such as IP address of user, which part of "Site" visited, domain type, browser type, date, and time, etc. for statistical evaluation and to provide personalized services and offers. The User authorizes the processing and use of User information by companies that USAILAN is cooperating with to conduct research to improve the processes of usailan.com, to create databases and to conduct market research.
4.7 USAILAN reserve the right to add cookies on browsers for online behavioural marketing and advertisement, and to identify remarketing lists based on metrics such as page count, time of visit, and goal completions, even if the user arrives on site for online behavioural advertising and marketing. Later, this User can see targeted adds for User interest areas on the site or on other sites in Display Ad Network. When Google AFS ads are directed to USAILAN, Google may add cookies to browser of the user, read these cookies, or use web beacons for data collection.
4.9 “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 file demand, follow a litigation, and follow-up the situation.
4.11 It is possible to link other websites on “Site”. USAILAN provides no guarantee for accuracy of the information in those pages and may restrict access to such links under sole discretion without prior notice. User is the sole responsible of damages that may arise from these external links.
4.12 USAILAN has the right to share the information of the "User" with the relevant authorities if the request by the authorities in accordance with the applicable legislation.
4.13 "User" accepts and undertakes that “USAILAN" shall not be held liable for any direct or indirect damages that may occur in case of interruption, delay, failures, loss of data in connection with the service provided in "Site".
4.14 "User" cannot claim rights for unused doping time of expired advertisements. Doping belongs to related advertisement and this doping cannot be used in another advertisement or refund cannot be made to user. Doping does not extend your ads expiry time. You can re-publish your ad, and you can use of the remaining doping period.
4.15 We don’t refund any payments for approved and posted ads.
7. FORCE MAJEURE
In all cases under force majeure, no compensation will arise in the event of late performance, incomplete performance, or failure to perform by “USAILAN”. Force majeure shall be interpreted as events that neither “USAILAN” nor related party can prevent despite the reasonable control of the party and necessary discretion, which include but shall not be limited to natural disasters, war, fire, strike, insurrection, rebellion, bad weather conditions, infrastructure and internet failures, refurbishment works and all kinds of breakdowns that may be caused by this reason, electricity interruption is a cause of coercion.
8. APPLICABLE LAW AND AUTHORITY
9. ENFORCEMENT AND ACCEPTANCE