1. PARTIES TO THE AGREEMENT
1.1. This End User Membership Agreement ("Agreement") has been concluded between Dinossi Teknoloji Limited Şirketi (Dinossi) located at Çamlık Mahallesi Dinç Sokak No:2 Kat:1 Dinossi Plaza, Ümraniye, Istanbul and Dinossi User ("User"). In the Agreement, Dinossi and the User will be referred to as "Party" and together as "Parties".
1.2. This agreement has been established by the User electronically marking the part indicating that he has read and accepted this Agreement on the www.Dinossi.com site or the Dinossi Mobile application (“Dinossi”).
2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is the rights and obligations of the parties regarding the use of the www.Dinossi.com site and/or Dinossi Mobile application for the books, magazines, e-books, e-journals, electronic comics and other products that the User wishes to benefit from in return for the license fee to be paid by Dinossi. is arrangement.
2.2 This Agreement will be maintained by Dinossi and will always be accessible by the User from the Dinossi website or application or through the Membership Agreement link. Following the conclusion of the Agreement, Dinossi will communicate the terms and conditions of the Agreement to the User via e-mail.
3. RIGHTS AND OBLIGATIONS OF THE USER
3.1. All of the content, images and other products acquired by the User from Dinossi are for the personal use of the User. The user cannot use the said content, images and other products for any commercial purpose, and cannot derive any income or profit from the use of these contents.
3.2. The rights granted to the User within the framework of this Agreement belong to the User. The User may not transfer, lease or otherwise make available the rights arising from the Agreement to a third party, individually or as a whole, without the written consent of Dinossi.
3.3. The user accepts, declares and undertakes to use Dinossi in accordance with the law. Dinossi may terminate this agreement immediately and without prejudice to all rights, if the User takes a legal, judicial or criminal responsibility by using Dinossi or through Dinossi, or assists third parties to do such an act in any way.
3.4. The user hereby accepts and declares that only a simple and non-exclusive usage license is granted to him/her and no other intellectual and industrial property rights are granted. Simple and non-exclusive license granted to the User. gives. The usage right in question is limited to reading or visually examining the product, and also listening to audio broadcasts.
3.5. Authors of intellectual and industrial property rights of books, e-books, e-journals and/or electronic comics and other products and content contained in User Dinossi, third parties to whom the Authors are entitled, publishing houses, Dinossi , Dinossi content and media providers (“ The Right Owner) accepts that he knows that it belongs to third parties, including him, and undertakes to use Dinossi's content within this framework.
3.6. The User may download the content obtained by Dinossi on the number and type of devices permitted by the Right Owner on the content within the framework of the rights and obligations stipulated in this Agreement and/or use the content on such number and type of devices.
3.7. The user cannot, in any way, directly or indirectly, offer the content, images and other products obtained through Dinossi to other people. The user cannot publish, watch, listen to or read the content, images and other products obtained by Dinossi on public domains.
3.8. The User's right to dispose of the intellectual rights of the content, images and other products acquired by Dinossi belongs to the Rights Holders, the said content is presented to the User's information only visually. The user cannot copy, reproduce, sell, modify, publish, transmit, distribute in any way, remove or hide the marks and trademarks indicating the copyrights of the Rights Holders on the work, cannot create derivative or processed works, adapt, translate, may not reverse engineer the contents or otherwise violate the rights of the Author and/or the Publisher of the Work or assist in the perpetration of these acts by a third party.
3.9. The technical specifications required for the use of Dinossi are included in the Dinossi website and mobile application. It is the User's responsibility to provide the necessary computer and communication equipment and other technical qualifications for the use of Dinossi. Dinossi cannot be held responsible for any damage caused by the User having a hardware incompatibility problem or the technical specifications required for Dinossi not being provided by the User. The responsibility of compensating damages incurred by third parties due to such actions of the User belongs exclusively to the User, and the User will be solely responsible for any legal, judicial, criminal lawsuits and proceedings that may be brought.
3.10. The user agrees that he will not prevent third parties from accessing Dinossi or other Dinossi services in any way, and that Dinossi will not use third parties' computers, hardware or networks in a way that will damage them. The user may not take any action that will prevent or otherwise damage the services, sites, software, data of Dinossi or its content or media suppliers. The user undertakes to cover the damages incurred by Dinossi or third parties due to his/her behavior contrary to this article.
4. Dinossi RIGHTS AND OBLIGATIONS
4.1. Dinossi can always make changes to the content, images and products in Dinossi, completely remove them, change their features and platforms, unilaterally and without having to give any reason. The user cannot apply to the responsibility of Dinossi due to the changes made on the content, images and products in Dinossi.
4.2. Dinossi may, at any time, unilaterally and without any reason, permanently or temporarily suspend or limit the User's access to Dinossi, in cases stipulated by this contract or due to technical obligations. Due to this situation, the User cannot apply to Dinossi responsibility. Dinossi may unilaterally close accounts that it detects that it has not been used for a long time, without giving any reason. If Dinossi determines that the User's account has been used in violation of this Agreement, it reserves the right to limit or completely block the User's access to the account by terminating this Agreement.
4.3. The right to save on advertisements and other promotions in Dinossi belongs exclusively to Dinossi and the organizations authorized by Dinossi.
4.4. Dinossi may, without any notification and unilaterally, make Dinossi access, which has been obtained free of charge by the User, later on for a fee. In this case, the User's continued use of Dinossi will be subject to payment of the right to use fee.
4.5. The User's personal data obtained by Dinossi during the conclusion, performance or use of Dinossi of this Agreement will be protected by Dinossi within the framework of Article 6 of this Agreement, Dinossi Disclosure Notice on the Protection of Personal Data and Privacy and the Law on the Protection of Personal Data No. 6698.
5.1. Dinossi is not responsible for the problems and damages that may arise during the use of the Dinossi website and mobile application and during the User's use of Dinossi content and products.
5.2. Dinossi does not guarantee that the Dinossi website and application will serve uninterruptedly, that it will / will be error-free, that it will show a certain level of performance, that certain results will be obtained by using the website or application, or that it will be suitable for the intended use of the User. Dinossi does not guarantee the scientific accuracy of any content or information contained.
5.3. Dinossi is not responsible for any damages, data loss and other damages that may arise in the User's computers, software, hardware and networks due to the contents of Dinossi or due to the device and/or hardware and/or applications used by the User and/or the User while using them. The user cannot apply to the responsibility of Dinossi for the compensation of the damages caused by the occurrence of one of the situations specified in this article.
5.4. Dinossi is not responsible for the violation of the copyright and property rights of the Rights Holders caused by the use of Dinossi or the content, images and products contained by the User, and for the damages arising from these violations.
5.5. Dinossi is not responsible for technical errors that occur during product, price and feature updates. Dinossi is not responsible for any damages that may occur to the User due to Dinossi version updates.
5.6. Dinossi is not responsible for the use of Dinossi User illegally or for any unlawful purpose, and for any direct, indirect or reflection damages that may arise before third parties or the public for this reason.
5.7. In the event that Dinossi indemnifies any damages, becomes a party to the lawsuit or suffers damage in any way due to the matters determined to be under the responsibility of the User by this Agreement, the User shall compensate Dinossi's damages.
5.8. The ideas and thoughts expressed, written and used by the members on www.dinossi.com are completely the personal opinions of the members and bind the owner of the opinion. These views and thoughts have no interest or connection to Dinossi. Dinossi does not have any responsibility for the damages that the member may incur due to the ideas and opinions expressed by the member, and the damages that the member may incur due to the ideas and opinions expressed by the third parties.
5.9. In cases where Dinossi is held responsible for Dinossi, including the limitations of Dinossi's liability according to this Agreement, the responsibility of Dinossi to third parties and the User is limited to the license fee paid to Dinossi by the User.
6. PRIVACY AND PERSONAL DATA PROTECTION POLICY
6.1. The user declares that he has read the Disclosure Notice on the Protection of Personal Data and Privacy and that he has been informed about the rights and conditions regarding the processing of his personal data within the specified scope and conditions, and that he accepts them.
6.2. Dinossi Personal Data Protection and Privacy Notice is considered a part of this Agreement. The user can access the Dinossi Disclosure Notice on the Protection of Personal Data and Privacy at the link www.Dinossi.com/privacy and benefit from the rights listed here. Dinossi may unilaterally make changes to the Dinossi Disclosure Notice on the Protection of Personal Data and Privacy at any time, without prejudice to the User's rights arising from the Law on the Protection of Personal Data No. 6698.
7. CHANGES TO THE LIGHTING STATEMENT ON THE PROTECTION OF PERSONAL DATA AND PRIVACY
7.1. It is possible for Dinossi to unilaterally make changes in the Disclosure Notice on the Protection of Personal Data and Privacy. The User will be informed about the said changes on the Dinossi website/application, and further information will be sent by Dinossi. Changes made in the Disclosure Notice on the Protection of Personal Data and Privacy will become effective after the User is informed about the changes and the User approves the changes electronically. Dinossi may completely or partially block or limit the User's access to Dinossi or terminate the contract if the User objects to such changes.
8. TERM OF THE AGREEMENT
8.1. This Agreement has been established as an indefinite term contract at the time the User approves the contract electronically.
9. TERMINATION OF THE AGREEMENT
9.1. This Agreement may be terminated by the Parties at any time, with a 15 (fifteen) days notice, without showing any reason and without any liability for compensation. The User may terminate the Agreement by following the instructions on the Dinossi website (www.Dinossi.com) and mobile application. Dinossi may terminate this agreement by informing the User via e-mail.” The rights of the parties arising before the termination of the Agreement are reserved.
9.2. If it is determined that the User has been using Dinossi illegally and/or for unlawful purposes, the right to immediately block or limit the access to the Dinossi User's account, to terminate this Agreement, to cancel the license right granted by this Agreement to the User without prior notice, and to demand compensation from the User, if any. reserved. In case the Contract is terminated for this reason or any other justifiable reason, the Parties reserve their right to claim compensation.
9.3. In case of force majeure such as natural disasters, wars, earthquakes, floods, fires, strikes, infrastructure and internet failures and works, power outages, no compensation can be claimed in case the parties fail to perform their acts or perform late or incompletely, and unless these cases exceed a reasonable period of time, 9.1 of this Agreement . It is not considered a just cause within the scope of the article.
9.4. Upon the expiration of this Agreement, the user accepts, declares and undertakes to destroy any content, image and other product obtained through Dinossi and to delete it from all devices and storage devices used by Dinossi.
10. UPDATE MEMBERSHIP INFORMATION
10.1 In case of any change in the contact information he has declared or any update in the contact information, the user can access the user account from the Dinossi website or application and make the relevant arrangements.
11.1. In the event that the User obtains any confidential information regarding any right holder within or outside of Dinossi's usage purposes during the conclusion or performance of this Agreement, it accepts, declares and undertakes not to share or disclose this confidential information to third parties in any way.
Persons who are not fully qualified cannot be a Party to this Agreement.
13. The parties accept and declare that Dinossi and all computer records belonging to Dinossi will be taken as the sole and true exclusive evidence, in accordance with Article 287 of the HUMK, and that the said records constitute a contract of evidence.
14. TRANSFER AND PERFORMANCE OF THE DEBT BY THIRD PARTY
14.1. The User cannot transfer his rights arising from this Agreement to a third party.
14.2. According to Dinossi's preference, it can ensure that its debts arising from this contract are fulfilled by third parties.
15.1. The invalidation of any provision of this Agreement will not prejudice other provisions of this Agreement and the Agreement will remain in effect with its remaining provisions.
15.2. Except for the cases expressly stated in this Agreement, the failure of one or both of the Parties to exercise or postpone a right arising from this Agreement or to allow the other party to violate the Agreement or to apply a provision in a different way means that the Parties waive their rights arising from this Agreement or make a request. shall not be construed as removing or changing this provision.
Dinossi Technology Limited (Dinossi)