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Terms Of Use

SITE TERMS OF USE

To use the Site, please read the conditions below. By registering on the Site, you declare and undertake that you have read and fully understand these Terms of Use and the Agreement (“Agreement”) and the “Privacy and Personal Data Protection Policy” and “Workflow”, which are an integral part of the Agreement, and that you accept all the issues stated here and on the Site that will take place over time. If you do not agree to the terms and conditions contained herein, please do not take advantage of the Site and the Service and cancel your registration immediately. The owner of the site shall be INFLEAP TEKNOLOJİ A.Ş.) (hereinafter referred to as “Company” or “INFLEAP”) domiciled at the address of Esentepe Mahallesi Ecza Sokak No:4/1 Şişli- İstanbul  . The Service provided through the Site and specified in this Agreement is provided by the Company. The Company may change this Agreement at any time without any notice or notification to the CONTENT DEVELOPER. These changes will be published periodically on the Site and will be valid on the date of acceptance by the CONTENT DEVELOPER, also by accepting the new version during their entry to the site. It is deemed that it has accepted the terms of the Agreement and any amendment made by the Company to this Agreement, which CONTENT DEVELOPER benefits from the Service and provides access to the Site. This Agreement being published on the Site is always accessible to the Content Developer using the Site. 

  1. DEFINITIONS DEFINITIONS listed under this heading are the definitions and concepts used within the scope of the Site Terms of Use and the Advertiser Service Agreement of the Site. The defined concepts have the meanings regulated under this heading in the sentences in which they are included in the Agreement. Site: It is a website and digital platform community where the Company provides the Service to the CONTENT DEVELOPER, including the INFLEAP.net main internet address of the Company and the opened and to be opened sub-internet addresses and other websites and sub-internet sites that the Company may use to provide the Service and iOS, Android applications and other operating systems developed or  to be developed. In accordance with the essence of the Service, the Site, as used in the Agreement from time to time, is considered as any Service delivery place, channel and platform accessed through other Virtual Media platforms as well as websites, depending on the developing technologies. Company: refers to INFLEAP. Agreement: refers to these Terms of Use and the Agreement. The Privacy and Personal Data Protection Policy and Workflow are an integral part of this Agreement.  Content Developer: refers to Real person whose access and registration to the Site is approved by the Company taking into account certain criteria and who has more than a certain number of followers on Social Media, who can be considered popular and who benefits from the Service offered within the Site within the terms specified in this Agreement and/or real or legal persons who have access to the Site and whose registration has been approved by the Company taking into account certain criteria and who have more than a certain number of followers on Social Media and who have the titles of manager, representative, agency, etc. according to the contract between them that can be considered popular. Account: refers to the special area reserved for the Content Developer on the Site where the profile information of the Content Developer and other information specified within the scope of this Agreement are included. Service: It is any service that will be provided to the CONTENT DEVELOPER in the future, based on the Company’s unilateral discretion, including but not limited to the service of providing communication and interaction between the Advertiser and the CONTENT DEVELOPER,  who wants to promote on Social Media Channels through the Site  developed by the CONTENT DEVELOPER and determined jointly by the Advertiser  for the products and/or services owned by the Company in which the Company develops its software on the Site and/or the relevant sub software licenses and these sub software licenses and all rights related thereto are obtained by the Company. Workflow: refers to the set of rules that the Content Developer is obliged to comply with, which can be accessed from the link that shows and explains how the Content Developer will benefit from the Service and the Site and what steps and rules it should follow while benefiting from the Site and the Service. Intellectual Property Rights: All intellectual property rights, including copyrights and industrial property rights, without prejudice to any intellectual property rights of the Advertiser. Within the scope of this Agreement, Intellectual Rights are used in a manner that shall cover all financial and moral intellectual rights within the meaning of the Law on Intellectual and Artistic Works numbered 5846 (“FSEK”) and in the meaning of full license, without prejudice to all kinds of intellectual property rights of the Advertiser. The Intellectual Rights under this Agreement, shall be construed in its broadest form to include all financial and moral rights, unless otherwise expressly stated and/or restricted by applicable law. In this respect, Intellectual Rights shall include the right to use the right of public offering from moral rights and to make any changes on the Content (including, but not limited to, adding, reducing, having them made by third parties), the “processing” mentioned in FSEK Article 21, the “reproduction” mentioned in Article 22, the “dissemination” mentioned in Article 23, the “representation” mentioned in Article 24, the “transmission to the public by means of sign, sound and/or image transmission” mentioned in Article 25, and the right to transfer these to others. Project: refers to a draft that is shared by the Advertiser through the Site in order to promote the Advertiser’s products and/or services and must be considered by the CONTENT DEVELOPER during the creation of the Content. Advertiser: refers to to any natural or legal person who want to benefit from the reputation and popularity of the CONTENT developer in the Social Media in order to promote all kinds of products and/or services that are lawful and that do not constitute a crime for themselves or their customers who apply for advertising services according to the contract between them and who communicates with the CONTENT DEVELOPER through the Site in order to do so. Virtual Environment: refers to virtual environment or virtual environments created by mobile phone, interactive television, internet, computer, tablet computer, interactive voice response system and similar infrastructure platforms. Social Media Networks: Refer to all virtual media and social media platforms that can be accessed through the internet, including but not limited to Facebook, Twitter and Instagram. Wage: refers to the video, photo, picture, recording, writing, graphic, image, information, data and any other visual and/or audio content that the Advertiser has been granted with its Intellectual Rights to benefit and benefit in the broadest sense and its Intellectual Rights to use and make use of in such a way that all Intellectual Rights shared and published by the CONTENT DEVELOPER and on the Social Media Channels determined jointly by the Advertiser belong to the Company and as specified in this Agreement upon transmission to the Advertiser through the Website and/or with the approval of the Advertiser, for the purpose of promoting any product and/or service of the Advertiser,upon receipt of the approval of the Advertiser by the Company and determined by the Advertiser through communication between the Advertiser and the CONTENT DEVELOPER in return for the Content shared by the Content Developer by the Advertiser in accordance with the Workflow and the conditions determined within the framework of this Agreement. The Content and all Intellectual Rights of the Advertiser in the Content under this Agreement shall be construed in its broadest form, unless otherwise expressly stated and/or restricted by applicable law, regulation and other secondary legislation. 
  2. SUBJECT The subject of this Agreement is to determine the terms of use of the Site and the conditions of benefiting from the Service offered on the Site and the rights and obligations of the parties. The CONTENT DEVELOPER, by accepting the provisions of this Agreement, accepts and registers all kinds of statements announced by the Company regarding the use of the Site and the Service. The CONTENT DEVELOPER acknowledges, agrees and undertakes that it will act in accordance with all kinds of issues specified in the said statements. 
  3. GENERAL DESCRIPTION REGARDING THE SERVICE AND THE SITE 

3.1. The Site, depending on the rights and conditions specified in this Agreement,  is used to ensure the relationship and interaction between the Advertiser and the CONTENT DEVELOPER in order for the Advertiser to promote all kinds of products and services that do not constitute a crime and are in accordance with the law through the CONTENT DEVELOPER’s Social Media.  

3.2. The costs related to access to and use of the Site belong entirely to the CONTENT DEVELOPER and the Company does not request any fee from the CONTENT DEVELOPER, except for the cases specified in this Agreement, regarding the access and use of the Site. The CONTENT DEVELOPER accepts, declares and undertakes in advance and irrevocably that it knows that the devices it uses to access the Site and benefit from the Service and the Virtual Environment are fully compatible with the technical features required by the Site otherwise it cannot fully benefit from the Service. 

3.3. The CONTENT DEVELOPER may start using the Service as of the date of acceptance of the Agreement and continue to use the Service -whichever date is earlier – within the terms and conditions specified in this Agreement until the cancellation of its registration and/or the appropriate termination of this Agreement and/or termination by the Company or the CONTENT DEVELOPER. 

3.4. The Company reserves the right to add new ones to the Service offered on the Site, to change the content accessed within the Site at any time, to close and delete the same. The Company may exercise this right in any way it wishes without notice and priority. 

3.5. The Company provides the Service “as is” and “as it is made available”. The Company does not give any express or implied warranty or guarantee in respect of the Service. In this regard, the Company does not guarantee any service level and/or security level. Implied warranties, including merchantability, fitness for a particular purpose, labor and non-infringement, are also excluded. The Company has the right to permanently and/or temporarily cease the Service provided unilaterally, to change or cancel the content of the Service at any time without giving any reason. The CONTENT DEVELOPER accepts this discretion in advance. 

  1. TERMS OF REGISTRATION ON THE SITE AND CRITERIA RELATED TO CONTENT DEVELOPER 

4.1. Only natural persons over the age of 18 (eighteen) can register on the Site and benefit from the Service provided through the Site. During the registration of the CONTENT DEVELOPER on the Site, the Company has no obligation to check the age of the CONTENT DEVELOPER. In the event that it is determined that the CONTENT DEVELOPER is under the age of 18, the Company has the right to unilaterally terminate this Agreement without paying any compensation and to delete the registration of the CONTENT DEVELOPER on the Site. 

4.2. The person who wants to register on the site and benefit from the Service accepts, declares and undertakes that he/she has the legal capacity to act within the scope of the applicable law and legislation and will be bound by this Agreement. 

4.3. The Site and Service are only open to the CONTENT DEVELOPER who meets the minimum criteria determined by the Company and whose registration is approved by the Company. The right to change these criteria belongs to the Company. Some criteria considered by the Company are as follows;

  1. a) The profiles of the person who wants to register on the Site on Social Media should be visible to everyone, 
  2. b) The subject of the content shared by the person who wants to register on the site on Social Media does not constitute a crime and is not contrary to the law, laws and general moral rules, 
  3. c) The profiles of the person who wants to register on the site on Social Media and all kinds of information in these profiles should be real, accurate and up-to-date, 
  4. d) The Company has not previously prohibited the person who wants to register on the Site from accessing the Site 

Although the above-mentioned criteria are not restrictive, in addition to these, many other criteria can be taken into consideration by the Company and only meeting the criteria specified herein does not guarantee the right to register on the Site. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will meet the criteria specified in this article and the criteria that the Company will convey to it at other times as long as it is registered on the Site and benefits from the Service, otherwise the Company may terminate this Agreement unilaterally without any notification and without paying compensation. 

4.4. The CONTENT DEVELOPER has the right to register on the Site free of charge. The Company reserves the right to reject the application of any person who wants to register on the Site without giving any reason. In case of rejection of the application of any person wishing to register on the Site, this person has no right of objection. 4.5. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that the communication and other personal information it provides directly through the Site and indirectly through Social Media are true, up-to-date, real and correct. In the event that it is determined that the information provided by the CONTENT DEVELOPER during registration on the Site is not truthful, incomplete, contains false statements and/or is not up-to-date, the Company reserves the right to terminate this Agreement with a unilateral notice and with immediate effect without compensation at its own discretion. In the event that the obligation specified in this article is violated by the CONTENT DEVELOPER, the CONTENT DEVELOPER is exclusively responsible for all damages that may arise. The Company has the right to request that the information provided by the CONTENT DEVELOPER be verified with official information and documents before the CONTENT DEVELOPER registers and/or at any time the CONTENT DEVELOPER makes use of the Service and the Site, provided that it means that it does not have such an obligation. 

4.6. In the event that the CONTENT DEVELOPER uses the Site and/or the Service for purposes contrary to the law and moral rules in violation of the terms and conditions of this Agreement, the Company may unilaterally terminate this Agreement at any time, without giving any other reason, without notice, compensation and with immediate effect, and may terminate or temporarily stop the registration of the CONTENT DEVELOPER on the Site. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it is aware that the Company has the right to compensate and claim from the CONTENT DEVELOPER all the damages it has suffered, including but not limited to the loss of profit, due to the termination of the Agreement for any reason specified in this article. 

4.7. The CONTENT DEVELOPER accepts and declares that it has the right to use the Social Media to register on the Site and to benefit from the Service provided through the Site and that it complies with the rules stipulated by the Social Media and that it has fulfilled the obligations stipulated in the Social Media. 

4.8. The obligations listed under this title apply equally in cases where the real persons who have access to the Site and whose registration is approved by the Company taking into account certain criteria and who have more than a certain number of followers on Social Media and who can be considered popular have the titles of agency, representative, manager, etc. defined within the scope of the contract between them. All real and legal persons who own an Account on the Site of the Company and are accepted as CONTENT DEVELOPER within the scope of this agreement irrevocably accept and declare these terms. 

4.9. In the event that the account holder CONTENT DEVELOPER has the titles of “Agency, representative, manager, parent, guardian, etc.”, it is not the responsibility of the Company to have real persons who have more than a certain number of followers on Social Media and who can be considered popular under the age of 18 with the existence of the concepts of contract and/or consent. The parties agree to this. 

  1. CANCELLATION OF REGISTRATION: The CONTENT DEVELOPER has the right to cancel its registration on the Site at any time and to cease using the Service. 
  2. USE OF THE SITE AND RULES TO BE FOLLOWED WHEN USING THE SERVICE 

6.1. The CONTENT DEVELOPER may not use another CONTENT DEVELOPER’s Account and/or benefit from the developer’s right to access the Site in any way. 

6.2. The CONTENT DEVELOPER acknowledges, agrees and undertakes that the accounts in the Social Media belong to itself. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not increase the number of unreal followers of its accounts on Social Media by using various methods while benefiting from the Site and Service, otherwise it will violate this Agreement and in such a case the Company knows that it has the right to terminate this Agreement immediately, unilaterally and without compensation. 6.3. The CONTENT DEVELOPER must use its membership on Social Media to access the Site. The Site is in an active interaction with the Social Media in order to provide the functionality of the Service provided by the Company, and the Social Media have links and various connections within the Site. The Social Media Channels used by the CONTENT DEVELOPER through the Site are subject to the terms and conditions of use of the said Social Media Channels. The CONTENT DEVELOPER acknowledges, agrees and undertakes that it is bound by and will comply with the terms and conditions of use stipulated in the Social Media by benefiting from the Service. 

6.4. CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it allows the Company to access all kinds of pictures, photos, records, texts, graphics, images, information, data, follower analysis and all kinds of other visual and audio content and personal information it shares on Social Media Channels and that they can be viewed and monitored by the Company depending on the terms and conditions of use of Social Media Channels at all times. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it is obliged to examine all the rules of the Social Media including the terms of use of the Social Media accessed and connected through the Site, and that the Company knows that there is no such responsibility. 

6.5. The CONTENT DEVELOPERacknowledges, agrees and undertakes to act in accordance with all generally accepted moral rules and applicable laws and all kinds of legislation within the Site. 

6.6. The CONTENT DEVELOPER acknowledges that the Service constitutes a significant trade secret for the Company. Unless otherwise agreed in this Agreement, the CONTENT DEVELOPER shall not copy the Service, make it available to third parties and/or make it benefit to third parties; a) It shall not make, imitate, differentiate, source or otherwise use, even in part, any modification or arrangement on the Service; it shall not create the derivative of the Service in whole or in part by way of modification or creation; b) it shall not combine and/or modify the Service with other software and/or materials and hardware; c) it shall not make available to third parties any performance information, information provided and/or analysis related to the Service; d) it shall not make its rights  in relation to the Service or the rights of the CONTENT DEVELOPER under this Agreement under this Agreement accessible, in whole or in part, willingly or involuntarily, by law or otherwise, to any third natural or legal person, entity, organization, license, sublicense, sale, transfer, transfer, lease, distribution, display as collateral or otherwise provide any rights.; e)As long as it benefits from the Service and even after the termination of this Agreement, it shall not create similar ideas, features to compete with the Service and the  products and/or services in parallel with the functionality of the Service, f) it shall under no circumstances imitate, reproduce and/or copy any idea, functionality and/or features of the Service as long as it benefits from the Service and even after the termination of this Agreement, g) it shall not be able to unlawfully spam or it shall not use it to send other repetitive or unwanted messages or; h) it shall not use the Service to send or store harmful codes; i) it shall not interfere with or prevent the integrity or performance of the Service or the data in it; or j) it shall not attempt to provide unauthorized access to the Service or related systems or networks. k) it  shall not enter into any commercial relationship other than the Service as long as it uses the Advertiser and the Service that it sends, communicates and interacts with through the Service. l) it shall not share any information provided to it in the Service; it will not produce imitation or similar information. m) The CONTENT DEVELOPER accepts and undertakes in advance and irrevocably to pay the penalty fee of 100.000 TL (one hundred thousand Turkish Liras) if it violates the conditions listed under this article. 6.7. The Company is the sole owner of the Service (including the software used to provide the Service) and all rights and title of the Site, including but not limited to trade secrets, patents and other intellectual property rights. In the event that this Agreement and the registration of the CONTENT DEVELOPER are terminated for any reason, all rights of the Customer in connection with the Service and access to the Service and the Site will immediately terminate. 

6.8. The trademarks, logos and names of the Company or any of its affiliates, organizations, subsidiaries and/or licensors used as part of the Service may not be copied, imitated and/or used by the CONTENT DEVELOPER in whole or in part without the prior written consent of the Company or any of its affiliates and subsidiaries. 

6.9. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance not to access and use the private, confidential programs, files, documents, information or other areas with similar content of other content developers without permission. Otherwise, it acknowledges, agrees and undertakes that it is responsible for all kinds of legal and criminal responsibilities that may arise from thereof, and that it is responsible for meeting all kinds of requests that the Company and its authorities will address for this reason and compensating the Company. 

6.10. The company shall not be liable in any way to the CONTENT DEVELOPER for loss of profit, indirect, special, incidental, punitive or related damages (including but not limited to damages arising from loss of business, loss of profit, business interruption, data loss, loss saving or similar material losses), damages arising from contract, tort (including negligence) or any other liability not regulated herein. 

6.11. The CONTENT DEVELOPER acknowledges, agrees and undertakes irrevocably to disclose to the Company that the CONTENT DEVELOPER is a user of the Site by using all kinds of press and broadcasting organs and internet tools without any limitation and without the prior written or verbal consent of the CONTENT DEVELOPER, to publish, disclose, submit and consent in advance CONTENT DEVELOPER’s name, title, brand, logo, if any, and information about the content it has developed and submitted in the advertisements, website, promotions and all other marketing platforms of the Company. 

  1. CONTENT AND SHARING OF CONTENT 

7.1. The CONTENT DEVELOPER agrees and declares to prepare a Content suitable for the Project notified by the Advertiser through the Site and to submit the said Content to the Advertiser’s approval through the Site. The Advertiser has the right to accept and/or reject the Content transmitted to it by the CONTENT DEVELOPER in the same way as well as to request correction, editing and/or changes to the Content. 

7.2. The Advertiser and the CONTENT DEVELOPER will decide together on which Social Media Channels the Content will be shared. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably not to share and publish the Content on Social Media other than the Social Media Channels determined  by the CONTENT DEVELOPER and by the Advertiser together. 

7.3. The Company shall send SMS for the purpose of verifying the identity of the CONTENT DEVELOPER to the mobile phone number communicated by the CONTENT DEVELOPER to the Company through the Website before the Content is shared with the Advertiser through the Company under this Agreement for once only. Following the receipt of the SMS by the CONTENT DEVELOPER, the verification code reported in the SMS will be entered into the area specified on the Site by the CONTENT DEVELOPER and the CONTENT DEVELOPER will be able to share the Content with the Advertiser in accordance with the Workflow. 

7.4. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will immediately share and publish the content on the Social Media Channels determined by CONTENT DEVELOPER and by the Advertiser  in the manner it communicated through the Site to the Advertiser without any modification, modification and/or editing on the Content in question after the Content is approved by the Advertiser within the framework of the Workflow. The CONTENT DEVELOPER is solely responsible for sharing and publishing the Content on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together. 

7.5. Following the sharing of the Content, the CONTENT DEVELOPER acknowledges, acknowledges and undertakes in advance and irrevocably to keep the Content that it has shared and published on the Social Media Channel determined by CONTENT DEVELOPER and by the Advertiser together for at least 30 days. The CONTENT DEVELOPER  acknowledges, acknowledges and undertakes in advance and irrevocably that it knows that it will not be entitled in any way to the Fee to be paid to it within the framework of this Agreement and that it cannot request a Fee from the Company in this regard, in case of deletion and/or removal of the Content after the sharing of the Content within the period specified in this article, in case of temporary and/or permanent closure and/or suspension of the account of the CONTENT DEVELOPER in the Social Media Channels where the Content is shared by the CONTENT DEVELOPER and the Advertiser. In addition to the provision in this article, the CONTENT DEVELOPER  acknowledges, agrees and undertakes in advance and irrevocably that it will not make any changes, editing and/or corrections on the Content in question after the Content is shared and published on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together and that it will make available and keep the Content on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together in the same way as approved by the Advertiser and in the same form as approved by the Advertiser. 

7.6. The Advertiser, at its sole discretion, has the right and authority to request the temporary and/or permanent removal and deletion of the Content that was shared and published by the CONTENT DEVELOPER from the Social Media Channels determined by  CONTENT DEVELOPER and by the Advertiser together. The CONTENT DEVELOPER  acknowledges, agrees and undertakes in advance and irrevocably to fulfill such a request of the Advertiser immediately and without delay. In the event that the Content is removed and deleted within the scope of this article, all rights of the CONTENT DEVELOPER regarding the Fee shall be reserved. 

7.7. The CONTENT shared on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser must comply with the terms and conditions specified in this Agreement and all other criteria (such as hashtags to be determined by the Advertiser under the Content) that may be specified by the Project and the Advertiser. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it knows that the Company has no obligation to control, monitor, edit or change the content. In the event that  the subject matter of the content transmitted to the Advertiser by the CONTENT DEVELOPER through the Site and/or  published on the Social Media Channels determined by Social Media Channels determined by  CONTENT DEVELOPER and by the Advertiser together constitutes a crime and/or is unlawful, the responsibility belongs entirely to the CONTENT DEVELOPER. The Company shall not be held responsible in any way for criminal sanctions, legal problems, consequences and/or requests arising from the actions of the CONTENT DEVELOPER. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it is obliged to meet all kinds of requests that the Company and its authorities will address for this reason and to pay all kinds of compensation, including the fines that it will have to pay. 

7.8. The CONTENT DEVELOPER acknowledges, agrees and undertakes  irrevocably that all kinds of content, including all thoughts, ideas, discourses, opinions, writings, writings, videos, photos, slogans, pictures, cartoons, cartoons, words, songs, melodies, comments that it publishes and shares on Social Media Channels, that it has the right and authority to use, disseminate, reproduce, publicize all kinds of Intellectual Rights alone, and that any third party has no rights and related requests on these rights, otherwise it is personally responsible for all kinds of follow-ups and requests towards the Company. The Company is under no obligation to carry out any checks on the accuracy of this statement, however, it may request documents to authenticate this situation of the CONTENT DEVELOPER when necessary. 

7.9. The CONTENT DEVELOPER may not share and publish on Social Media without the prior written consent of the owner of any copyright or other intellectual property rights reserved in any way. 

7.10. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not violate the intellectual property rights of the Advertiser and/or any third party in any way, even in part, except for the intellectual property rights related to the content approved by the Advertiser within the scope of this Agreement, that it will not carry out any acts and deeds in this regard, that it will avoid all acts and deeds that will violate the intellectual property rights of the Advertiser and/or any third party during the creation of the content, the publication and sharing of the  the content in the Social Media Channels determined by the CONTENT DEVELOPER and Advertiser together, otherwise, in the event that the Company, the Advertiser and/or any third party is damaged, the CONTENT DEVELOPER shall be solely responsible for the compensation requests to be managed by the Advertiser and/or any third party to the Company and/or the CONTENT developer, and in this case, the Company shall compensate the Advertiser and/or any third party, and that the Company reserves the right to recourse to the CONTENT DEVELOPER for the amount of compensation paid. The Company is not obliged to check the content provided by the CONTENT DEVELOPER or to investigate whether there is an illegal activity in accordance with the Law No. 5651 and other internet-related legislation. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it is solely responsible for the content. 

7.11. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that the content it shares and publishes on the Social Media Channels determined by itself and the Advertiser together, that there is no citation and/or section in the content in question from the content previously shared by itself or by someone else, and/or that it does not contain any excerpt from the content previously used by third parties in the promotion of products and/or services. 

7.12. Unless otherwise stated in this Agreement, some or all of the Content transmitted to the Advertiser by the CONTENT DEVELOPER may not be copied, reproduced, uploaded, developed, modified, edited, published or used in any other way for any reason, even in part. The CONTENT DEVELOPER has absolutely no right to use, have used, benefit, offer, publish, sell, rent, transfer and/or market the Content by copying, reproducing or in any other way on personal and publicly available websites or other Virtual Environments. 

7.13. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not contact any Advertiser on any medium and/or platform other than the Site for the promotion of the Advertiser’s products and/or services for a period of six (6) months from the last date communicated with the Advertiser on the Site. 

7.14. As a result of partial and/or total violation of the provisions of Articles  7.1., 7.2., 7.3., 7.4., 7.5., 7.6., 7.7., 7.8., 7.9., 7.10., 7.11. and 7.12., 7.13. in the event that the Company and/or Advertiser suffer a loss, the CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will compensate the said damage in cash and in lump sum within 5 (five) business days at the first written request of the Company and/or the Advertiser, without prejudice to the right to request for any collateral damage of the Company and/or the Advertiser. 

7.15. The CONTENT DEVELOPER is solely responsible for the Content it shares and publishes on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together, and for the quality and content of the material such as thoughts, opinions, discourses, ideas, actions, writings, videos, photos, slogans, pictures, cartoons, cartoons, words, comments that are disclosed in the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together. 

7.16. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it grants to the Advertiser all kinds of usage and exploitation rights and all kinds of rights to benefit and make use of the CONTENT in the broadest meaning and scope determined by law, free of charge (without any charge), upon communicating to the Advertiser through the Site and/or sharing and publishing it on the Social Media Channels determined by CONTENT DEVELOPER and the Advertiser together with the approval of Advertiser. In other words, the CONTENT DEVELOPER has granted the Advertiser and the Company the right to use the Intellectual Rights it has over the Content, that is, the right to publicly offer its moral rights, and the authority to make any changes on the said Content, unconditionally and unconditionally, without any place and time limitation and free of charge, from the moment  communicating to the Advertiser through the Site and/or sharing and publishing it on the Social Media Channels determined by CONTENT DEVELOPER and the Advertiser together with the approval of Advertiser. 

7.17. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that all of the Intellectual Rights on the part or unrestricted part of the content are given to the Company by itself in the event that the Intellectual Rights are not partially transferred or partially limited to the Advertiser according to the applicable laws. 

7.18. The CONTENT DEVELOPER acknowledges that the Intellectual Rights of the content can be used and benefited by the Advertiser in a way that will provide commercial profit to the Advertiser and it acknowledges, agrees and undertakes this matter in advance and irrevocably. The CONTENT DEVELOPER for the Intellectual Rights granted to the Advertiser subject to the Agreement acknowledges, agrees and undertakes in advance and irrevocably that it will not impose any fee and/or charge under any name from the Company in any way. 7.19. The Company shall not be obliged to pay any fee to the CONTENT DEVELOPER from the fees it will earn over the said Content or any other direct and/or indirect commercial gain it will obtain. In this case, the CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not request any fee or fee from the Company under any name. 

  1. GENERAL CONDITIONS RELATED TO THE SITE AND SERVICE 

8.1. The Company does not have any warranty (duration, quantity, quality and similar) with the partial and/or complete storage of the Content transmitted to the Advertiser through the Site. 

8.2. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not use the materials and data (including but not limited to the Project) it has read, watched, seen, obtained on the Site, that it shall not use them for purposes other than those specified in this Agreement, that it shall not make them subject to trade, will not transfer, rent, sell, market to third parties  that it shall not establish any rights on behalf of third parties that it shall not publish, share and always keep confidential in any place outside the scope of the Agreement, that it shall not make them use by making stock, archive; in summary, it shall not use and make them use outside the conditions and permission determined on the Site. 

8.3. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it will not share on Social Media Channels against  the Advertiser and/or the product and/or service offered by the Advertiser indefinitely as long as it benefits from the Site and Service and after the termination of this Agreement, and that it shall not take any action that will damage the reputation of the Company and the Advertiser. 

  1. RELATIONSHIP BETWEEN ADVERTISER AND CONTENT DEVELOPER 

9.1. The Company does not interfere in any way with the communication and interaction between the CONTENT DEVELOPER and the Advertiser, except as required by the situation. The Company has no obligation to establish any legal relationship, including the signing of  an agreement between the CONTENT DEVELOPER and the Advertiser. 

9.2. In order to establish a legal relationship between the CONTENT DEVELOPER and the Advertiser, the Advertiser and the CONTENT DEVELOPER have the right to conclude a contract in which the rights of the Advertiser and the CONTENT DEVELOPER are determined. In the event that such an agreement is concluded between the Advertiser and the CONTENT DEVELOPER, the content developer acknowledges, agrees and undertakes in advance and irrevocably to send a copy of the said contract to the Company by any of the communication means specified in this Agreement. 

9.3. All correspondence and communications between the Advertiser and the CONTENT DEVELOPER through the Site and the Content transmitted to the Advertiser by the CONTENT DEVELOPER can be seen by the Company.  The CONTENT DEVELOPER accepts and declares that the communication between the Advertiser and itself and the Content to be sent to the Advertiser within the scope of this article are not confidential. The CONTENT DEVELOPER consents in advance and irrevocably that the Company can view them. 

9.4. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it shall not communicate with the Advertiser in question to promote and advertise the Advertiser’s products and/or services on the Site after contacting the Advertiser on the Site, otherwise this Agreement shall be terminated unilaterally and immediately by the Company without paying any compensation, and the CONTENT DEVELOPER and the Advertiser shall jointly and severally pay compensation equal to the price of the work done and to be done between them. 

  1. WAGE AND TERMS OF PAYMENT OF WAGES 

10.1. The fee is determined by the communication and correspondence between the Advertiser and the CONTENT DEVELOPER through the Site and is agreed between the Advertiser and the CONTENT DEVELOPER. The Company has no responsibility and/or obligation for the determination of the Fee, but the Company may, at its discretion, notify the CONTENT DEVELOPER through the Site of a recommended fee that is not binding on the CONTENT DEVELOPER and the Advertiser. This notice has no binding effect. 

10.2. Following the sharing and publication of the Content on the Social Media Channel determined by the CONTENT DEVELOPER and by the Advertiser together with the Advertiser’s second approval, the Fee shall be deposited within 15 (fifteen) business days to the bank account that the CONTENT DEVELOPER has transmitted to the Company through the Site by the Company itself, after the CONTENT DEVELOPER requests payment using the Site after the period determined by the Advertiser in the Project promotion has expired within the scope of the project. The CONTENT DEVELOPER  acknowledges, agrees and undertakes in advance and irrevocably that it does not have any receivables from the Advertiser other than the Fee paid, that it shall not claim any receivables, that it knows that it shall only be entitled to the Fee in return for the Content it shares and publishes on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together. 

10.3. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that the bank account information and/or Turkish identity number transmitted to the Company through the Site are accurate, up-to-date and complete. In the event that the bank account information and/or Turkish identity number of the CONTENT DEVELOPER is not owned by the developer, is incomplete, wrong and/or misleading, the CONTENT DEVELOPER is exclusively responsible for all damages that may arise and no defect can be attributed to the company in this regard. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it knows that the Company does not accept any responsibility in the event that the Fee cannot be partially and/or completely communicated to the CONTENT DEVELOPER due to the fault and/or negligence of the CONTENT DEVELOPER. 

10.4. In the event of any change in the bank account information of the CONTENT DEVELOPER, it acknowledges, agrees and undertakes in advance and irrevocably that it will immediately and without delay transmit the new bank account information to the Company by using any of the communication channels in this Agreement. In the event that the CONTENT DEVELOPER acts in violation of its obligation under this article, the Fee payment made by the Company to the bank account that the CONTENT DEVELOPER has previously transmitted shall be deemed valid and it shall be deemed to be under the responsibility of the CONTENT DEVELOPER. 

10.5. In the event that the Company does not issue a valid invoice to the Company by the CONTENT DEVELOPER in return for the Fee paid to the CONTENT DEVELOPER, it will issue an expense note and the legal procedures related to the relevant expense note will be fulfilled by the Company. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably to sign and transmit to the Company without delay after the issue of the expense note and the relevant expense note is sent to the CONTENT DEVELOPER. In the event that the CONTENT DEVELOPER is a real person, merchant or self-employed person who can issue an invoice or self-employment receipt, it is obligatory to immediately contact the Company through any of the communication channels specified in this Agreement and issue an invoice to the Company. The CONTENT DEVELOPER is exclusively responsible for the expenses that may make out  the note of expenses. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that 20% withholding tax shall be deducted from the Fee to be determined between itself and the Advertiser and that this amount shall be deposited by the Company to the relevant tax office on behalf of the CONTENT DEVELOPER. 

10.6. In order for the CONTENT DEVELOPER to be entitled to the Fee to be paid by the Advertiser, it is required to strictly follow all steps specified in the Workflow and act in accordance with the terms and conditions of this Agreement. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it knows that it shall not be entitled to the Fee and that no payment shall be made to it by the Company in this regard if it violates its obligation specified in this article partially or completely. 

10.7. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably not to establish any relationship with the Advertiser without using the Site in physical or virtual environment or otherwise for the purpose of determining the Fee or for the payment of the Fee to be paid to it by the Advertiser itself in return for the Content. In addition to all other rights granted to the Company in this Agreement, in the event that the CONTENT DEVELOPER violates and/or attempts to violate its obligation specified in this article, the Company has the right to unilaterally terminate this Agreement at its sole discretion and without paying compensation and to delete the registration of the CONTENT DEVELOPER on the Site and to permanently close its Account and to request compensation from the CONTENT DEVELOPER. 

10.8. The Company does not enter into any commitment and/or guarantee that the Content provided by the CONTENT DEVELOPER shall be approved by the Advertiser, it shall be entitled to the Fee in any way upon sharing and publishing on the Social Media Channels determined by the CONTENT DEVELOPER and by the Advertiser together. 

10.9. In the event that the project form is “the product and/or service to be promoted and to improve the Content” by the Advertiser to the CONTENT DEVELOPER, the Company acknowledges, agrees and undertakes in advance  that it has the right to ask the CONTENT DEVELOPER to confirm the information about what the product and/or service is. 

  1. SECURITY OF ACCOUNT 

11.1. The CONTENT DEVELOPER is exclusively responsible for the confidentiality of the Account information and all transactions and transactions made through the Account. In the event of unauthorized use of the account by other third parties, the CONTENT DEVELOPER is obliged to immediately and without delay notify the Company of this situation through any of the communication channels in this Agreement. In case of unauthorized access to the account, the CONTENT DEVELOPER is exclusively responsible for all damages that may be incurred by the CONTENT DEVELOPER, but in such a case, the CONTENT DEVELOPER cannot claim any compensation against the company. The Company shall not be held directly and/or indirectly responsible for the transfer of Account information to the database of the Company and/or the Website as a result of any cyber attack by a malicious third party or persons and for any consequences that may arise, even in part, if such information is used or made available. 

11.2. In the event that the CONTENT DEVELOPER forgets or loses its password, its current password will be sent to the e-mail/e-mail address registered in the system. For security reasons, the password is not communicated to any address other than the CONTENT DEVELOPER’s registered e-mail address. 

11.3. It is the sole responsibility of the CONTENT DEVELOPER to select, keep, use and regularly change the password. The CONTENT DEVELOPER is obliged not to share his/her Account and password with anyone, not to have it used, and not to take any other action that would jeopardize the up-to-dateness of his/her Account. In cases where the CONTENT DEVELOPER loses the ownership and/or control of the password, such as forgetting, losing, stealing the password, or using it by someone other than itself, it is required to notify the Company without delay and in the fastest way. The Company shall not be held liable for any damages, including pecuniary and non-pecuniary damages, and for any problems that may arise from the obtaining of the password by third parties as a result of the personal fault/defect and/or with the consent of the CONTENT DEVELOPER. The CONTENT DEVELOPER  acknowledges, agrees and undertakes irrevocably that it is fully responsible for the results of the use of its Account by any third party and that it is not entitled to object to the fact that these transactions are not carried out by it. The CONTENT DEVELOPER also acknowledges, agrees and undertakes in advance and irrevocably that the Company is not obliged to identify the persons and/or persons who make such illegal uses and cannot make a request from the Company in this direction. 

  1. THE COMPANY’ NOT BEING RESPONSIBLE FOR TECHNICAL PROBLEMS 

12.1. The Company shall not be held responsible fornot be held responsible for any disruptions and problems that may occur in the provision of the Service and/or access to the Site, in particular, judicial and other competent official authority decisions, directives, orders and practices, other force majeure (e.g. natural disaster, terrorist attacks, fire, flood, flood, lockout, strike, lockout, etc.), situations caused by third parties, long-term or short-term disruptions, deficiencies, technical failures and/or delays, disturbances and similar external factors, repair/maintenance works, including those caused by institutions and/or organizations providing internet connection services,  service disruptions, disruptions, malfunctions, misuse and misuse, all kinds of other technical necessities, maintenance or renewal procedures, telephone network, GSM operator, infrastructure provider and power outages, including all other problems arising as a result of other referrals. The Company shall not be liable for any problems that may occur in the provision of the Service and/or access to the Site due to possible interruptions or other reasons, including but not limited to changes, deficiencies, disruptions, disconnections, interruptions, inaccuracies, deletions and deteriorations. 

12.2. The Company may partially or completely restrict or cease access to the Service and/or the Site for a period of time or indefinitely in cases where the operational security of the network is endangered, the continuity and continuity of access to the network, to prevent failures, failures, deficiencies and other problems that may occur in the network, software or saved files, to prevent and/or reduce the impact of all possible failures and in other cases it deems necessary. 

  1. OTHER PROVISIONS 

13.1. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it knows that this Agreement does not create any partnership, franchise, business partnership, representation or employee/employer relationship between the Company or the Advertiser. 

13.2. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that the Company and the Advertiser are not employees, salaried personnel, workers and/or representatives within the scope of this Agreement and that they act as a completely independent contractor and act within this framework. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that it knows that it cannot claim any labor fee against the Company and/or the Advertiser since it is not a salaried employee, personnel and/or worker of the Company and/or the Advertiser. 

13.3. Failure or delay by the Company in exercising a right contained in this Agreement shall not constitute a waiver of such right. Except as expressly provided herein, the remedies set forth herein are in addition to and are not exclusive of any remedies contemplated by law or equity. 

13.4. In the event that any provision of this Agreement is found to be contrary to the law by a competent court, this provision shall be amended by the court and shall be interpreted in such a way as to realize the purpose of the original form of the provision to the maximum extent permitted by the law. The remaining provisions of the Agreement shall continue to be in force in the same way. 

13.5. The CONTENT DEVELOPER may not transfer its rights or obligations specified in this Agreement, by law or otherwise, without the prior written consent of the Company. Any attempt of the CONTENT DEVELOPER to transfer its rights or obligations under this Agreement in violation of this article shall be void and shall not have any effect. 

13.6. This Agreement, together with all its annexes, constitutes the entire agreement between the Company and the CONTENT DEVELOPER and supersedes all prior and contemporaneous agreements, proposals or representations, whether written or oral, with respect to its subject matter. 

13.7. The CONTENT DEVELOPER acknowledges, agrees and undertakes in advance and irrevocably that the electronic records, system records, commercial records, book records, microfilm, microfiche and computer records kept by the Company in the database and servers in any dispute arising within the scope of or in connection with this Agreement constitute evidence and that this article constitutes an evidence contract within the meaning of Article 193 of the Code of Civil Procedure. 

13.8. This Agreement shall enter into force upon the registration of the CONTENT DEVELOPER on the Site and shall remain in force until the termination of the Agreement for any reason and shall be binding on the Company and the CONTENT DEVELOPER. 

  1. APPLICABLE LAW AND SETTLEMENT OF DISPUTES 

14.1. This Agreement shall be governed by and construed in accordance with Turkish Law. 

14.2. Istanbul (Cağlayan) Courts and Enforcement Offices have been authorized to resolve disputes that may arise from the implementation of this Agreement. 

  1. COMMUNICATION WITH THE COMPANY 

15.1. The company shall make all kinds of legal notifications related to this Agreement to the e-mail address provided by the CONTENT DEVELOPER during the registration and which it is obliged to keep up to date. The Company shall not be held responsible in any way for any damage that may arise from the inaccuracy, incompleteness, invalidity and/or belonging of the postal address registered on the Site of the CONTENT DEVELOPER. In this case, the CONTENT DEVELOPER acknowledges, agrees and undertakes that it has given the necessary permission and approval to the Company in advance in order for the Company to reach the relevant internet service provider from the IP (Internet Protocol) number where the CONTENT DEVELOPER enters the Website and to obtain the valid postal address information to which the CONTENT DEVELOPER connects to the Company from the internet service provider.

 

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