Membership Agreement

MEMBERSHIP AGREEMENT

1. PARTIES TO THE AGREEMENT
1.1. This End User Membership Agreement (the “Agreement”) is entered into between Feniel Teknoloji Limited Şirketi (“Feniel”) and the Feniel User (the “User”). In the Agreement, Feniel and the User are referred to individually as a “Party” and together as the “Parties”.

1.2. This Agreement is formed when the User electronically ticks the box on the www.Feniel.com website or in the Feniel mobile application (“Feniel”) stating that they have read and accepted this Agreement.

2. SUBJECT OF THE AGREEMENT
2.1. The subject of this Agreement is to set out 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 paid to Feniel.

2.2. This Agreement will be stored by Feniel and will be accessible to the User at any time via the Feniel website or application or the Membership Agreement link. After the Agreement is formed, Feniel will send the terms and conditions of the Agreement to the User by email.

3. RIGHTS AND OBLIGATIONS OF THE USER
3.1. All content, images and other products that the User obtains from Feniel are for the User's personal use. The User may not use such content, images and other products for any commercial purpose and may not derive any income or profit from their use.

3.2. The rights granted to the User under this Agreement are personal to the User. Without Feniel's written permission, the User may not assign, rent or otherwise make available to a third party the rights arising from the Agreement, individually or as a whole.

3.3. The User agrees, declares and undertakes to use Feniel in accordance with the law. If the User, by using Feniel or through Feniel, carries out an act that gives rise to legal, judicial or criminal liability, or assists third parties in any way in such an act, Feniel may terminate this Agreement immediately, with all its rights reserved.

3.4. The User accepts and declares that this Agreement grants them only a simple, non-exclusive license of use and no other intellectual or industrial property rights. The simple, non-exclusive license of use granted to the User gives 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 set out in this Agreement and in other texts on Feniel. This right of use is limited to reading or visually examining the product and, in the case of audio publications, listening to it.

3.5. The User acknowledges that the intellectual and industrial property rights in the books, e-books, e-magazines and/or electronic comics and other products and content on Feniel belong to third parties, including Authors, third parties to whom Authors have assigned their rights, publishers, Feniel, and Feniel's content and media providers (the “Rights Holder”), and undertakes to use Feniel content within this framework.

3.6. Within the rights and obligations set out in this Agreement, the User may download the content they obtain to, and/or use the content on, the number and types of devices permitted by the Content Rights Holder.

3.7. The User may not, directly or indirectly, make the content, images and other products obtained through Feniel available for use by others in any way. The User may not publish, watch, listen to or read the content, images and other products obtained from Feniel in public places.

3.8. The intellectual property rights in the content, images and other products that the User obtains from Feniel belong to the Rights Holders, and such content is presented to the User for viewing only. The User may not copy, reproduce, sell, modify, publish, transmit or distribute such content, images and other products in any way; remove or obscure marks and trademarks indicating the Rights Holders' copyright from the work; create derivative or adapted works; adapt, translate or reverse engineer the content; or otherwise infringe the rights of the Author and/or Publisher of the Work, or help any third party to do so.

3.9. The technical specifications required to use Feniel are provided on the Feniel website and mobile application. It is the User's responsibility to provide the computer and communication equipment and other technical capabilities required to use Feniel. Feniel cannot be held liable for damages arising from the User's hardware incompatibility or the User's failure to meet the technical specifications required for Feniel. The User is fully responsible for compensating third parties for damages arising from such actions and for any legal, judicial or criminal proceedings that may be brought.

3.10. The User agrees that they will not in any way prevent third parties from accessing Feniel or other Feniel services, and will not use Feniel in a way that damages third parties' computers, hardware or networks. The User may not take any action that would block or damage access to the services, sites, software or data of Feniel or of content or media providers. The User undertakes to compensate Feniel or third parties for any damage they may suffer as a result of the User's actions in breach of this clause.

4. Rights and Obligations of Feniel
4.1. Feniel may, at any time, unilaterally and without having to give any reason, modify or completely remove the content, images and products on Feniel and change their features and platforms. The User may not assert any claim against Feniel because of changes made to the content, images and products on Feniel.

4.2. In the cases set out in this Agreement, or due to technical difficulties, Feniel may, unilaterally and without giving any reason, permanently or temporarily suspend or restrict the User's access to Feniel. The User may not hold Feniel liable for this. Feniel may unilaterally close accounts that it determines have not been used for a long time, without giving any reason. If Feniel determines that the User's account is being used in breach of this Agreement, it reserves the right to terminate this Agreement and to restrict or completely block the User's access to the account.

4.3. The right to use advertising and other promotions on Feniel belongs exclusively to Feniel and to the organizations authorized by Feniel.

4.4. Feniel may, unilaterally and without giving notice, make access to Feniel that the User obtained free of charge chargeable. In this case, the User's continued use of Feniel will depend on payment of the usage fee.

4.5. Personal data obtained by Feniel during the performance and implementation of this Agreement or while the User is using Feniel will be protected by Feniel within the framework of Article 6 of this Agreement, the Feniel Personal Data Protection and Privacy Notice, and Personal Data Protection Law No. 6698.

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

5.2. Feniel does not guarantee that the Feniel website and application will operate without interruption, be error-free, perform at a particular level, produce particular results when used, or be suitable for the User's intended use. Feniel also does not guarantee the scientific accuracy of any content or information contained therein.

5.3. Feniel is not responsible for any damage, data loss or other harm that may occur on the User's computers, software, hardware and networks because of Feniel content or because of the User and/or the devices and/or hardware and/or applications used by the User. The User may not claim compensation from Feniel for damages arising from any of the situations described in this clause.

5.4. Feniel is not responsible for any infringement of the Rights Holders' copyright and property rights arising from the User's use of Feniel or of the content, images and products it contains, nor for any damage arising from such infringements.

5.5. Feniel is not responsible for errors arising from technical causes during product, price and feature updates. Feniel is also not responsible for any damage that may be caused to the User by Feniel version updates.

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

5.7. If Feniel faces any claim for compensation, becomes a party to a lawsuit or otherwise suffers harm because of matters that this Agreement determines to be the User's responsibility, the User will compensate Feniel for its losses.

5.8. The ideas and opinions declared, written and used by members on www.Feniel.com are entirely the personal views of the members and are binding on the person expressing them. Feniel has no connection with these views and opinions. Feniel is not responsible for damages that third parties may suffer because of ideas and opinions expressed by a member, nor for damages that a member may suffer because of ideas and opinions expressed by third parties.

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

6. PRIVACY AND PERSONAL DATA PROTECTION POLICY
6.1. The User declares that they have read the Notice on the Protection of Personal Data and Privacy, that they have been informed of their rights and the conditions regarding the processing of their personal data within the stated scope and conditions, and that they accept them.

6.2. The Feniel Personal Data Protection and Privacy Notice is considered part of this Agreement. The User can access the Feniel Personal Data Protection and Privacy Notice at www.Feniel.com/privacy and exercise the rights listed there. Without prejudice to the User's rights under Personal Data Protection Law No. 6698, Feniel may make unilateral changes to the Feniel Personal Data Protection and Privacy Notice at any time.

7. CHANGES TO THE NOTICE ON THE PROTECTION OF PERSONAL DATA AND PRIVACY
7.1. Feniel may make unilateral changes to the Notice on the Protection of Personal Data and Privacy. The User will be informed of the changes via the Feniel website/application, and Feniel will also send a notification. Changes to the Notice will take effect after the User has been informed of them and has electronically approved them. If the User objects to the changes, Feniel may fully or partially block or restrict the User's access to Feniel, or terminate the agreement.

8. TERM OF THE AGREEMENT
8.1. This Agreement is deemed to be formed for an indefinite term at the moment the User approves it electronically.

9. TERMINATION OF THE AGREEMENT
9.1. This Agreement may be terminated by the Parties at any time, without giving any reason and without any obligation to pay compensation, by giving 15 (fifteen) days' 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 by email. The Parties' rights that arose before termination of the Agreement are reserved.

9.2. If it is determined that the User is using Feniel unlawfully and/or for unlawful purposes, Feniel reserves the right to immediately block or restrict the User's access to their account, to terminate this Agreement, to cancel the license right granted to the User under this Agreement without prior notice, and to demand compensation from the User for all damages. If the Agreement is terminated for this reason or for any other just cause, the Parties reserve the right to claim compensation.

9.3. In cases of force majeure such as natural disasters, war, earthquake, flood, fire, strikes, infrastructure and internet failures and operational disruptions, and power outages, if the Parties cannot fulfill their obligations or fulfill them late or incompletely, no compensation may be claimed, and such situations will not be considered just cause under Article 9.1 of this Agreement unless they exceed a reasonable period.

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

10. UPDATING MEMBERSHIP INFORMATION
10.1. If there is any change or update to the contact information declared by the User, the User can make the relevant edits by accessing their user account from the Feniel website or application.

11. CONFIDENTIALITY
11.1. If, during the performance or implementation of this Agreement, the User obtains confidential information relating to any rights holder, whether within or outside the purposes of using Feniel, the User accepts, declares and undertakes not to share or disclose this confidential information to third parties in any way.

12. LEGAL CAPACITY
Persons who do not have full legal capacity cannot be parties to this Agreement.

13. The Parties accept and declare that all computer records of Feniel and belonging to Feniel will be accepted as sole and exclusive evidence under Article 287 of the Code of Civil Procedure, and that such records constitute a contract of evidentiary nature.

14. ASSIGNMENT AND PERFORMANCE OF OBLIGATIONS BY A THIRD PARTY
14.1. The User may not assign their rights arising from this Agreement to a third party.

14.2. Feniel may, if it wishes, have its obligations under this Agreement performed by third parties.

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

15.2. Except as expressly stated in this Agreement, the failure or delay of one or both Parties to exercise a right arising from this Agreement, the other party's tolerance of a breach, or the application of a provision in a different way will not be interpreted to mean that the Parties have waived their rights under this Agreement or cannot claim them, or that the provision has been removed or amended.

Feniel LLC