Membership Agreement

Membership Agreement
MEMBERSHIP AGREEMENT

1. PARTIES TO THE CONTRACT
1.1. This End User Membership Agreement (“Agreement”) has been concluded between Feniel Teknoloji Limited Şirketi (Feniel) located at  Feniel User (“User”). In the Agreement, Feniel and the User will be referred to individually as the “Party” and collectively as the “Parties”.

1.2. This agreement is established by the User electronically marking the section indicating that he/she has read and accepted this Agreement on the www.Feniel.com website or on the Feniel Mobile application (“Feniel”).

2. SUBJECT OF THE CONTRACT
2.1. The subject of this Agreement is the regulation of the rights and obligations of the parties regarding the use of the www.Feniel.com website and/or the Feniel Mobile application for the books, magazines, e-books, e-magazines, electronic comics and other products that the User wishes to benefit from in return for the license fee to be paid to Feniel.

2.2 This Agreement will be kept by Feniel and will be accessible by the User at all times from the Feniel website or application or the Membership Agreement link. Following the establishment of the Agreement, Feniel will send the terms and conditions of the Agreement to the User via e-mail.

3. RIGHTS AND OBLIGATIONS OF THE USER
3.1. All content, images and other products acquired by the User from Feniel are for the User's personal use. The User cannot use the content, images and other products in question 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 under this Agreement belong to the User personally. The User cannot transfer, rent or otherwise make available to a third party the rights arising from the Agreement, either individually or as a whole, without the written consent of Feniel.

3.3. The User accepts, declares and undertakes to use Feniel in accordance with the law. If the User performs an action that requires legal, judicial or criminal liability by using or through Feniel or assists third parties in such an action in any way, Feniel may terminate this agreement immediately and with all rights reserved.

3.4. The User acknowledges and declares that only a simple and non-exclusive license of use is granted to him/her by this agreement and that no other intellectual and industrial property rights are granted. The simple and non-exclusive license of use granted to the User grants the User the right to access, view and use books, e-books, e-magazines and/or electronic comics and other products only to the extent specified in this agreement and other texts included in Feniel. The right of use in question is limited to reading or visually examining the product and, in the case of audio broadcasts, to listening to it.

3.5. The User acknowledges that he/she is aware that the intellectual and industrial property rights of the books, e-books, e-magazines and/or electronic comics and other products and contents included in Feniel belong to third parties, including the Authors, third parties to whom the Authors have granted rights, publishing houses, Feniel, Feniel content and media providers (“Rightholder”), and undertakes to use Feniel contents within this framework.

3.6. User Feniel may download the content it has acquired to the number and type of devices permitted by the Rights Owner on the content and/or use the content on this number and type of devices, within the framework of the rights and obligations stipulated in this Agreement.

3.7. The user cannot make the content, images and other products obtained through Feniel available to other people, directly or indirectly, in any way. The user cannot publish, watch, listen to or read the content, images and other products obtained from Feniel in public areas.

3.8. The right to dispose of the intellectual property rights of the content, images and other products acquired by the User from Feniel belongs to the Rights Owners, and the said content is presented to the User only visually. The User cannot copy, reproduce, sell, change, publish, transmit, distribute in any way the said content, images and other products, remove or hide the signs and brands indicating the copyrights of the Rights Owners on the work, create derivative or processed works, adapt, translate, reverse engineer the content or otherwise violate the rights of the Author and/or the Publisher of the Work or assist a third party in doing these acts.

3.9. The technical specifications required for the use of Feniel are provided on the Feniel 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 Feniel. Feniel cannot be held responsible for damages arising from the User's hardware incompatibility problem or the User's failure to provide the necessary technical specifications for Feniel. The User is solely responsible for the compensation of damages arising from such actions of the User to third parties, and the User will be solely responsible for any legal, judicial, criminal lawsuits and follow-ups that may be filed.

3.10. The user agrees that he/she will not prevent third parties from accessing Feniel or other Feniel services in any way, and that he/she will not use Feniel in a way that will harm third parties' computers, hardware or networks. The user cannot take any action that will prevent access to or otherwise harm the services, sites, software or data of Feniel or its content or media providers. The user undertakes to compensate for any damages incurred by Feniel or third parties due to his/her actions contrary to this article.

4. Feniel RIGHTS AND LIABILITIES
4.1. Feniel may at any time unilaterally and without having to give any reason make changes to the content, images and products on Feniel, Feniel may completely remove them, change their features and platforms. The user cannot invoke Feniel liability due to changes made to the content, images and products on Feniel.

4.2. Feniel may permanently or temporarily suspend or limit the User's access to Feniel at any time, unilaterally and without having to give any reason, in the cases stipulated by this agreement or due to technical difficulties. The User cannot invoke Feniel liability due to this situation. Feniel may unilaterally close accounts that it detects have not been used for a long time without giving any reason. If Feniel detects that the User's account is being used in violation of this Agreement, it reserves the right to terminate this Agreement and limit or completely block the User's access to his/her account.

4.3. The right to dispose of advertisements and other promotions on Feniel belongs exclusively to Feniel and the organizations authorized by Feniel.

4.4. Feniel may unilaterally and without any notification make Feniel access, which was obtained free of charge by the User, subsequently chargeable. In this case, the User's continued use of Feniel will be subject to payment of the usage right fee.

4.5. The User's personal data obtained by Feniel during the execution and execution of this Agreement or during the User's use of Feniel will be protected by Feniel within the framework of Article 6 of this Agreement, the Feniel Personal Data Protection and Privacy Information Statement and the Personal Data Protection Law No. 6698.

5. RESPONSIBILITY
5.1. Feniel is not responsible for any problems or damages that may occur during the use of the Feniel website and mobile application and during the User's use of Feniel content and products.

5.2. Feniel does not guarantee that the Feniel website and application will provide uninterrupted service, be error-free, 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 User's intended use. Feniel does not guarantee the scientific accuracy of any content or information contained therein.

5.3. Feniel is not responsible for any damages, data losses or other damages that may occur in the User's computers, software, hardware and networks due to Feniel contents or due to the User and/or the devices and/or hardware and/or applications used by the User during their use. The User cannot apply to Feniel liability for compensation for damages arising from the occurrence of one of the situations specified in this article.

5.4. Feniel is not responsible for any violation of the copyright and property rights of the Rights Owners arising from the use of Feniel or the content, images and products contained therein by the User, and for any damages arising from such violations.

5.5. Feniel is not responsible for errors due to technical reasons that occur during product, price and feature updates. Feniel is not responsible for any damages that may occur to the User due to Feniel version updates.

5.6. Feniel is not responsible for any direct, indirect or consequential damages that may arise to third parties or the public due to the use of Feniel by the User in an unlawful manner or for any unlawful purpose.

5.7. If Feniel claims any damages, becomes a party to a lawsuit or otherwise suffers damages due to the issues determined to be the responsibility of the User in this Agreement, the User shall compensate Feniel for its damages.

5.8. The ideas and thoughts declared, written and used by members on www.Feniel.com are completely the members' own personal opinions and are binding on the opinion owner. Feniel has no interest or connection to these opinions and thoughts. Feniel has no responsibility for the damages that third parties may suffer due to the ideas and opinions expressed by the member and for the damages that the member may suffer due to the ideas and opinions expressed by third parties.

5.9. In cases where Feniel is held liable in relation to Feniel, including matters for which Feniel liability is limited in accordance with this Agreement, Feniel's liability to third parties and the User is limited to the license fee paid to Feniel by the User.

6. PRIVACY AND PERSONAL DATA PROTECTION POLICY
6.1. The User declares that he/she has read the Information Notice on the Protection of Personal Data and Privacy and that he/she has been informed about the rights and conditions regarding the processing of his/her personal data within the specified scope and conditions and that he/she accepts them.

6.2. Feniel Personal Data Protection and Privacy Information Notice is deemed to be a part of this Agreement. The User can access the Feniel Personal Data Protection and Privacy Information Notice from the link www.Feniel.com/privacy and benefit from the rights listed here. Feniel may make unilateral changes to the Feniel Personal Data Protection and Privacy Information Notice at any time, without prejudice to the User's rights arising from the Personal Data Protection Law No. 6698.

7. AMENDMENTS TO THE INFORMATION NOTIFICATION ON PERSONAL DATA PROTECTION AND PRIVACY
7.1. Feniel may unilaterally make changes to the Disclosure Statement on Protection of Personal Data and Privacy. The User will be informed about the changes on the Feniel website/application and Feniel will also send information. Changes made to the Disclosure Statement on Protection of Personal Data and Privacy will come into effect after the User is informed about the changes and the User approves the changes electronically. Feniel may block or limit the User's access to Feniel in whole or in part or terminate the contract if the User objects to the changes.

8. TERM OF THE CONTRACT
8.1. This Agreement is established as a contract for an indefinite period at the moment when the User electronically approves the agreement.

9. TERMINATION OF THE CONTRACT
9.1. This Agreement may be terminated by the Parties at any time, without having to give any reason and without any liability for compensation, with a 15 (fifteen) day prior notice. The User may terminate the Agreement by following the instructions on the Feniel website (www.Feniel.com) and mobile application. Feniel 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 is using Feniel illegally and/or for illegal purposes, Feniel reserves the right to immediately block or limit the User's access to his/her account, terminate this Agreement and cancel the license right granted to the User under this Agreement without prior notice and to demand compensation for any damages from the User. In the event that the Agreement is terminated for this reason or for any other justified reason, the Parties reserve the right to demand compensation.

9.3. In cases of force majeure such as natural disasters, war, earthquake, flood, fire, strike, infrastructure and internet failures and operations, power outages, no compensation can be claimed in cases where the parties fail to perform their obligations or perform them late or incompletely, and such situations are not considered as a just cause within the scope of Article 9.1 of this Agreement unless they exceed a reasonable period of time.

9.4. Upon the termination of this Agreement, the User accepts, declares and undertakes to destroy all content, images and other products obtained through Feniel and to delete them from all devices and storage devices used, if requested by Feniel.

10. UPDATE MEMBERSHIP INFORMATION
10.1 In case of any change in the contact information declared by the User or any update in the contact information, the User can make the relevant arrangements by accessing the user account from the Feniel website or application.

11. CONFIDENTIALITY
11.1. If the User obtains any confidential information regarding any right holder within or outside the scope of Feniel usage purposes during the execution or execution of this Agreement, the User accepts, declares and undertakes not to share or disclose this confidential information with third parties in any way.

12. DRIVING LICENSE
Persons who are not fully competent cannot be a Party to this Agreement.

13. The parties agree and declare that Feniel and all computer records belonging to Feniel will be taken as the sole and exclusive evidence in accordance with Article 287 of the Civil Procedure Code and that the said records constitute an evidentiary contract.

14. TRANSFER AND FULFILLMENT OF THE DEBT BY A THIRD PARTY
14.1. The User cannot transfer his/her rights arising from this Agreement to a third party.

14.2. Feniel may, at its option, have its obligations arising from this contract fulfilled by third parties.

15.VALIDITY
15.1. If any provision of this Agreement is deemed invalid, it will not affect the other provisions of the Agreement and the Agreement will remain in force with its remaining provisions.

15.2. Except for the cases expressly stated in this Agreement, failure of one or both of the Parties to exercise or postpone a right arising from this Agreement or turning a blind eye to the other party's breach of the Agreement or applying a provision in a different manner will not be interpreted as the Parties waiving their rights arising from this Agreement or not being able to make a claim, or as the removal or modification of this provision.

Feniel Technology Limited Company (Feniel)