1. CONDITIONS OF USE

In order to use the website www.TEXPERA.com, please read the following terms and conditions. www.TEXPERA.com By visiting the website and/or using mobile applications (the website and/or mobile applications will hereinafter be referred to as the “Portal”) and/or as an “Account Holder”, you hereby accept, declare and undertake that you have read these “Terms of Use”, that you fully understand its content, that you unconditionally and unconditionally accept all the matters specified in the “Terms of Use” and in the “Portal” and that you will not raise any objections and defenses regarding all matters specified in the “Portal”. If you do not agree to these terms and conditions, please refrain from using the Portal.

1.1. The owner of this “Portal” is “Meric Mah. 5747/2 Sk. No:43/2 Bornova Izmir” is ÇAKALOZ DANIŞMANMANLIK İÇ VE DIŞ TİCARET SANAYİ ANONİM ŞİRKETİ (hereinafter referred to as “TEXPERA”). “3. The services specified in the article are provided by “TEXPERA”.

1.2. “TEXPERA” may change these “Terms of Use”, any information and “Content” contained in the “Portal” at any time without any notice or notification to the “USER”. These changes will be published periodically on “www.TEXPERA.com” and will be effective on the date of publication. Every natural or legal person who benefits from the “Portal” services by paying a certain fee or free of charge or who accesses the “Portal” in any way is deemed to have accepted the “Terms of Use” and any changes made by “TEXPERA” in these “Terms of Use”. These “Terms of Use” have been published on the website www.TEXPERA.com and made accessible by every natural or legal person using the “Portal”.

2. DEFINITIONS

“Portal”:
The website where “TEXPERA” offers its “Services”, consisting of the domain name www.TEXPERA.com and subdomains connected to this domain name.

“User”:
Any natural or legal person accessing the “Portal”.

“Account Holder”:
“User” who has an account on the “Portal” and benefits from the services offered within the “Portal” under the conditions specified in this agreement.

“TEXPERA Services” (“Service”): “Portal” are the applications offered by “TEXPERA” in order to enable the “Account Holder” to perform the business and transactions defined in this Agreement. “TEXPERA” may make changes and/or adaptations to the “Services” offered in the “Portal” at any time. The terms and conditions that the “Account Holder” is obliged to comply with regarding the changes and/or adaptations made are announced to the “Account Holder” on the “Portal”, and the terms and conditions announced enter into force on the date of publication on the “Portal”.

“Content”: All kinds of information, text, files, images, pictures, videos, figures, etc. published on the “Portal” and accessible. visual, textual and auditory images.

“TEXPERA Interface” : Internet pages used by the “Users” in order that the content created by TEXPERA and the “Account Holder” can be viewed by the “Users” and queried from the “TEXPERA Database”; Internet pages that command the computer program to perform all kinds of transactions that can be performed through the “Portal” within the designs protected under the Law No. 5846 on Intellectual and Artistic Works and all intellectual rights belong to “TEXPERA”.

“TEXPERA Database” : The database belonging to “TEXPERA” where the contents accessed within the “Portal” are stored, classified, queried and accessed, protected in accordance with the Law No. 5846 on Intellectual and Artistic Works

3. TEXPERA SERVICES

3.1. “TEXPERA” ensures that the contents uploaded to the “TEXPERA Database” by the “Account Holder” can be viewed by the “Users” through the “TEXPERA Database” by using interfaces.

3.2. “TEXPERA” provides various types of listing services that prioritize the display of advertisements in order to enable “Users” to access “Account Holder” advertisements more easily within the “Portal”.

3.3. “TEXPERA” provides reporting services under various categories for the transactions performed within the “Portal” and the number of views.

3.4. “TEXPERA” reserves the right to add new services to the services provided within the “Portal”, to change the scope and conditions of provision of the existing services and the “Content” accessed within the “Portal” at any time, to close access to third parties and to delete them. “TEXPERA” may exercise this right in any manner it wishes without notice or prior notice.

4. CONDITIONS AND OBLIGATIONS REGARDING THE USE OF TEXPERA PORTAL

4.1. “Users” may perform transactions on the “Portal” for lawful purposes. The legal and criminal liability in every transaction and action of the “Users” within the “Portal” shall be their own, and the “User” accepts, declares and undertakes that “TEXPERA” does not have any responsibility for such legal and criminal obligations.

4.2. The “Portal” operates on the basis of viewing the “Content” uploaded to the “TEXPERA Database” by the “Account Holder”. “TEXPERA” does not under any circumstances guarantee the accuracy, authenticity, security and legality of the advertisements and “Content” displayed by the “Users”. “Users” accept and declare that “TEXPERA” does not have any responsibility due to such advertisements and “Content” and that “TEXPERA” shall not have any indemnification obligation for any damages that may arise.

4.3. “USER” accepts and undertakes that he/she will not reproduce, copy, distribute, process any pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained in the “PORTAL”, will not engage in any commercial activity by performing such actions; and that he/she will not directly and / or indirectly engage in behaviors and transactions that constitute unfair competition.

4.4. “Users” shall not engage in activities that will lead to unfair competition in accordance with the provisions of the Turkish Commercial Code within the “Portal”, shall not carry out acts that will undermine the personal and commercial reputation of “TEXPERA” and third parties, infringe or attack personal rights, act in accordance with the legislation, public order and general moral rules, take the measures and fulfill the procedures required by the legislation, illegal, criminal, disturbing, damaging personal rights, intellectual rights, will not engage in attitudes and behaviors that infringe on copyrights, trademark rights and property rights, will not make advertisements with content that will constitute discrimination based on gender, race, color, language, religion, belief, sect, philosophical and political opinion, ethnic origin, wealth, birth, marital status, health status, disability and age in accordance with the regulations of the Law of the Human Rights and Equality Institution of Turkey regarding the principle of equality and non-discrimination, and accepts and undertakes that it will not engage in attitudes and behaviors towards this.

4.5. “Users” are obliged to use the information they access within the “Portal” only for the purpose of the “Account Holder” or “TEXPERA” who disclosed this information and to view it for non-commercial purposes. The contact information in the advertisements entered by the Account owner who placed the advertisement can be used for contacting to get information about the advertisement. Personal data and/or sensitive personal data belonging to the advertiser or third parties under the protection of the Law No. 6698 on the Protection of Personal Data, which may be included in the advertisement, cannot be used for any other purpose, copied, published directly or indirectly in other media, processed, distributed, transferred to other databases and made available to third parties for access and use.

4.6. “TEXPERA” has a “Hosting Activity Certificate” in accordance with the Law No. 5651. Pursuant to Law No. 5651 and the relevant legislation, in order to comply with the obligations imposed on “Hosting Providers” in accordance with the relevant legislation, it records and stores the records specified in the relevant legislation regarding the transactions carried out by the “Users” on the “Portal” within the legal period.

4.7. “TEXPERA” may use, process, share, disclose, classify and store “User” information on a database, use it for promotional and informative communication activities, marketing activities and statistical analysis. “TEXPERA” may also use information such as the user’s IP address, which parts of the “Portal” the user visits, domain type, browser type, date and time for purposes such as statistical evaluation and providing personalized services and offers. “TEXPERA” may transfer User information to the companies it cooperates with in order to conduct research to improve its processes, to create a database and to conduct market research, and User information may be processed by these companies limited to the purposes listed above.

4.8. TEXPERA has the right to associate the user’s behavior on the site with a cookie in the browser and to define remarketing lists based on metrics such as the number of pages viewed, the duration of the visit and the number of target completions, to use marketing automation tools and to send special messages/offers and suggestions to the user for the purpose of online behavioral advertising and marketing. It may then display targeted advertising content to that user on the site or on other sites in the Display Network, based on users’ interests. In addition, Google may place or read cookies on the browser of Google USERS or use web beacons to collect information during the redirection of AFS advertisements to TEXPERA.

4.9. It is lawful for third parties to access the database in which the content accessed and/or viewed through the “Portal” is stored, solely for the purpose of viewing the relevant content and/or within the framework of the “Terms of Use” of “TEXPERA”. Accesses other than this are unlawful; “TEXPERA reserves all kinds of claims, lawsuits and follow-up rights.

4.10. “TEXPERA” allows to view the contents of the advertisements for learning purposes and to use the “TEXPERA Interface”, and any attempt to access a certain number or all of the advertisements through the database for any purpose other than this, partial or complete copying of the advertisements, customer information, designs, codes and software, information contained in the database, “TEXPERA” does not authorize or consent to similar acts, including direct or indirect publication, compilation, processing, modification, transfer to other databases, making them available for access and use by third parties from this database, linking to advertisements on “TEXPERA”. Such acts are unlawful; “TEXPERA’s rights to claim, sue and follow-up are reserved.

4.11. Using the whole or any part of the “Portal” for the purpose of corrupting, modifying, reverse engineering, attempting to break API protocols by reverse engineering or any other method, and API key, API secret key, request headers, unauthorized access to parameters such as client verification algorithm or sharing these parameters with third parties without permission, trying to access the “Site” in a way that prevents, disrupts or interferes with the communication or technical systems of the “Portal”, automatic programs, robots, spiders, web crawlers, spiders, data mining, data crawling, etc. on the Site. In the event that “screen scraping” software or systems, automatic tools or manual processes are used, unauthorized access to other users’ data or software, running bots as a result of determinations to be made according to various criteria, DDOS attacks and all other kinds of systems to disrupt, change, reduce or destroy the current performance of all or part of the systems and all other system attacks and other unlawful uses, such uses will be blocked at the discretion of TEXPERA. Even in the absence of such use, TEXPERA may, if deemed necessary, allow the use of the Portal only after the “Account Holder” logs in with his/her username and password. The use of the “Site” and the content on the “Portal” outside the limits of use determined by the “Terms of Use” is unlawful; “TEXPERA” reserves all kinds of claims, lawsuits and follow-up rights. In case of detection of use contrary to these terms and conditions and the law; “TEXPERA” has the right to report the “User” to the competent authorities. “User” accepts that he/she is personally responsible for the damages and claims arising from such use.

4.12. “User” accepts and undertakes that “TEXPERA” cannot be held responsible for any direct and indirect damages that may occur in case of interruption of the service provided on the “Portal”, disruptions, delays, failures in information transmission, loss of data.

4.13. The Trust Stamp only indicates the existence of regulatory compliance criteria that are reviewed, monitored and controlled by the GDS in accordance with the relevant Communiqué. Apart from this, the Trust Stamp Provider cannot in any way be understood as a guarantor or guarantor of the contract between the parties, nor is it a guarantor of the defect-free qualities and complete supply and delivery of the goods or services on the E-commerce site. In addition, the Trust Stamp Provider shall not be held legally liable in any way for non-delivery, late delivery or non-delivery of the goods in accordance with the promised qualifications.

5. INTELLECTUAL PROPERTY RIGHTS

The information accessed or lawfully provided by users within this “Portal” and all elements of this “Portal” (including, but not limited to, the “TEXPERA Database”, the “TEXPERA Interface”, design, text, images, html code and other code) (collectively referred to as the “copyrighted works of TEXPERA”) belong to “TEXPERA” and/or have been licensed by “TEXPERA” from a third party. “Users” are not entitled to resell, process, copy, share, distribute, distribute, display or allow anyone else to access or use “TEXPERA” services, “TEXPERA” information and copyrighted works of “TEXPERA”. You may not reproduce, process, distribute or make derivative works from the copyrighted works of “TEXPERA” except as expressly permitted by “TEXPERA” within these “Site Terms of Use”.

Unless expressly authorized by “TEXPERA” in these “Terms of Use”, “TEXPERA” reserves all rights to “TEXPERA” services, “TEXPERA” information, “TEXPERA” copyrighted works, “TEXPERA” trademarks, “TEXPERA” trade dress or other assets and information provided through this site.

6. CHANGES IN TERMS OF USE

“TEXPERA” may, at any time, unilaterally change these “Terms of Use” by announcing them on the “Portal”. The amended provisions of these “Terms of Use” shall take effect and enter into force on the date of their announcement. These “Terms of Use” cannot be changed by unilateral declarations of the “User”.

7. FORCE MAJEURE

In all cases of force majeure, late performance, incomplete performance or non-performance, “TEXPERA” shall not be liable for any compensation. “Force majeure” shall be interpreted as events beyond the reasonable control of the relevant party and events that “TEXPERA” cannot prevent despite exercising due diligence, including but not limited to natural disasters, war, fire, strike, riot, riot, bad weather conditions, infrastructure and internet failures, improvement or renewal works related to the system and all kinds of failures and power outages that may occur for this reason are force majeure events.

8. APPLICABLE LAW AND JURISDICTION

In the implementation, interpretation and management of legal relations arising under these “Terms of Use”, Turkish Law shall apply, excluding Turkish conflict of laws rules in the event of a foreign element. IZMIR Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from these “Terms of Use”.

9. ENFORCEMENT and ACCEPTANCE

These “Terms of Use” shall enter into force on the date of publication by “TEXPERA” on the “Portal”. “Users” accept these “Terms of Use” and the changes made over time by using the “Portal”.