Within the provisions of this Agreement, in the cases that are not allowed by MERS, MERS keeps its all rights reserved directed to the MERS materials, services, information, trademarks, commercial outlook or to other properties and information on the Site.
The User is responsible for avoiding the acts that will cause unfair competition and that can mean benefitting from the commercial standing.
The User accepts declares and undertakes that s/he will transfer his/her all property rights on all kinds of video, e-book, e-catalogue, audio book, method, schema, chart, statistics, photograph, picture, pictorial representation, comics, drawings, form, information, document, program, writings, software, visual and auditory materials that are uploaded to the Site and the other applications including but not limited to these, on all kinds of devices and versions formed and/or sound recordings and or process in the event that they are processed and on all kinds of determinations that are acquired from these or connected to these; his/her financial rights in the form of representation and submission to the public through the tools for reproducing, publishing, processing and for the transmission of sign, sound and/or image arising from the 5846 numbered Code of Intellectual and Artistic Works and from being an author; his/her rights arising in connection to being executor and/or producer; his/her rights arising from the determination of its manner, time and place for the presentation to the public, from making an amendment on the work and from its design and brand; his/her rights of registering the designs and applying them to the goods and all other intellectual and industrial rights and the personal rights of the owners of image/sound/content, without demanding any price, in order them to be used in Turkey and around the world, without any time and channel limitation, in a way that they can be transferred to the others on all kinds of channels/platform/good/material/organization and others (on electronic or numerical/digital environments including radio, TV, internet, cinema, directly marketing activities, press conferences, written and visual media) which are determined by MERS and that s/he consents that the contents in question can be broadcasted without needing to get permission beforehand and/or can be displayed/watched by the third parties that will b determined by himself/herself and that the contents in question and the system records related to these (uploading the contents on the site and discharging them from and etc.) can be recorded/Processed and shared with the companies providing infrastructure by MERS.
The User accepts declares and undertakes that s/he is the exact and sole owner of all the property rights, financial rights in the form of representation and submission to the public through the tools for reproducing, publishing, processing and for the transmission of sign, sound and/or image, the connected rights arising from being producer and/or executer, personal rights of the image/sound/content owners on the contents in question and on the factor forming any Intellectual and Industrial rights taking place in the content; that these are taken over from sub workers, from the related right or work owners and from the state institutions and organizations to which they are subject to, in a written form an in compliance with the related provisions of the legislation in force, limitless and without any time limitation, to be valid on all kinds good/Platform/material/channel and etc. including the aforementioned in Turkey and around the world and in a way to be hand over to the third parties; that they got permission; that they are right holders and that the responsibility of all the prices that are need to be paid to the related state institutions and organizations because of the works belongs to themselves and also they accept, declare and undertake that these rights are under their own responsibility; that they have the ability and legal power to transfer these rights and that a third party, under any name and title, does not have any lien, financial or moral or commercial right on these rights directly or indirectly.
On the settlement of the conflicts that can arise from the execution of the aforementioned provisions and legal relationships, Istanbul Turkey Courts and the Enforcement Offices will be the authority.
INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
This internet site “Site” has been brought into your use by MERS (MERS Hediyelik Eşya San. ve Tic. A.Ş.) (includes also the subsidiaries, affiliates, partners, license givers and suppliers) “MERS”.
The term “User” that is used in this text states all kinds of real and legal entities who use the site in any way whether through member login or not.
The features such as the sections that are visited during the visits of the Users and the sections that are clicked on the Site are automatically recorded. These data is only used for the determination of the following and monitoring rates of the sections and different areas. In the cases that the technology named “cookie” is used determining how or by passing where the pages are visited, similarly on the determination of the monitoring and clicking rates of the different areas of the Site they are collected as the statistical data. What is aimed with this technology is to make the content belonging to sections that the users more often visit more easily accessible for the Users as of their first visit to the Site and to improve the site in accordance with these statistics.
MERS, in no circumstances, undertakes that the Site will provide service uninterruptedly or in a certain way to the Users and also does not give any assurance and/or warranty on the matters that the operation and administration of the site will be uninterruptedly or faultless, that the troubles, defects and failures will be corrected and that the Site is clear of the damaging elements and of the viruses.
All kinds of information that are on the Site is presented for the purpose of informing the User and do not have the characteristics of an advice on the subjects such as law, medical, finance, investment, tax, accounting and others. The responsibility of any of the transactions that are carried out based on the information taking place on the Site wholly belongs to the User and MERS will accept no responsibility arising from this reason.
The User, while using any content or communication system of the Site, is responsible for not violating the legal rights of the third parties in any circumstances. MERS will accept no legal and criminal responsibility with regard to such violations and the User accepts that all kinds of legal and criminal responsibility that can arise from these violations will belong solely to him/her.
The members of board of directors, administrators, employees and the people who prepare Site services and/or the information taking place on the Site cannot be held, under whatever name, responsible for all kinds of direct and/or indirect, material and/or moral damages arising from the either directly or indirectly use of the site services, of the information taking place on the Site and of accessing to the Site.
All kinds of actions and transactions aiming the breaking down of the Site, its slowing down critically or having its software and hardware systems damage are prohibited. The user cannot upload to the Site any content, software or any other material that includes virus, trojan horse and other harmful elements.
Making in the large numbers of investigations and membership registrations by using the automatic programs or sending in the large numbers of requests and information through automatic methods is included in this prohibition. MERS has the right to prevent the access of the Users who are determined to carry out such actions and to commence legal proceedings about these people.