MEMBERSHIP AGREEMENT

 

This membership agreement ("Agreement") is between with Bub Moda A.Ş. ("BUB") (the owner of the website www.bub.shoes located in Yenibosna Merkez Mahallesi Remzi Ozkaya Sokak No:28 Z1 34197 Bahcelievler/ Istanbul TURKEY and the internet user who sign up to the website www.bub.shoes

 

1. DEFINITIONS

In this agreement;

"Buyer" states the Members who signed up the Site and whose Membership is approved and who buys the goods over the Site which are put up for sale on the Site within the scope of the provisions of Remote Sales Agreement by BUB;

"Content" states all kinds of visual, literary and auditory images such as all kinds of designs, logos, signs, information, files, pictures, music, numbers and others which are published on the Site or to which the access is available.

"Service" states the services which are provided to the Members by BUB within the scope of this agreement and for whose content BUB always has a right to make amendments;

"User" states the real and regal entities who accesses the Site online and who benefit from the Services that are provided within the conditions that are specified on this Agreement;

"Online Sale" states the sales of the goods that are made over the Site within the scope of the Remote Sales Agreement;

"Site" states the website formed of the www.bub.shoes zone name and of the sub zone names subjected to this zone name and through which the value added services which are formed in connection with this site are provided;

"BUB Interface" states the internet pages which are used primarily for the purpose that the content formed by the Members can be seen by the Users and that BUB database can be investigated, which are protected within the scope of the 5846 numbered Code of Intellectual and Artistic Works and which issues a commend to the computer software in order for all kinds of transactions to be carried out that can be done over the Site within the designs of whose all intellectual properties belong to BUB;

"BUB Membership Account" states the internet pages special to the members on which the Members can carry out the transactions that are necessary for the members benefit from the services provided on the side, can view the goods, can participate in the voting about the goods and can buy the goods put up for sale and which can be accessed through the "user name" and "password" that are only determined by the members and undertaken to be used solely by the members;

"BUB Database" states the database in which the content that can be accessed within the site is stored, sorted out, investigated and accessed, which belongs to BUB and which is protected as per the 5846 Numbered Code of Intellectual and Artistic Works;

"Member" states the real and legal entities who sign up the site under the conditions that are determined by BUB and whose membership is approved also by BUB and who benefit from the Services that are provided on the site within the conditions determined by BUB (membership involves the Buyer also);

"Membership Information" states user name, password and and/or pass code and other information which enables the Members to access to the site;

 

2. THE SUBJECT AND THE SCOPE OF THE AGREEMENT

The subject of this agreement is the determination of the services that are provided on the site, of the conditions for benefitting from these services and of the rights and responsibilities of the parties. The scope of this agreement is all kinds of declarations such as warnings, writings and explanations that are made by BUB with regard to the use within the Site, to the membership and to the services through the scope of this Agreement, this Agreement itself and its annexes. By accepting the provisions of this Agreement the Members, will also be accepting all the declarations that are made by BUB with regard to the use within the Site, to the membership and to the services. The members accept, declare and undertake to act in compliance with all kinds of matters that are specified on the mentioned declarations.

 

3. THE MEMBERSHIP CONDITIONS

3.1.        The membership is completed upon the completion of the membership forms that are necessary in order to be a Members of the Site by the people who want to be a Member from the related sections of the Site; the entrance of the identification information, approval of the correctness of all kinds of information requested for the membership; carrying out the registration transactions by means of paying the price in the cases which the membership is subject to a price and the approval of the registration transactions by BUB. The people whose membership transactions are not completed cannot obtain the membership quality that is specified on this Agreement.

3.2.        In order to be able to be a member of the site, it is necessary to be of full age, to be authorized to represent and bind the legal entity for the legal entity members and the membership should not be previously suspended or cancelled within the scope of this agreement by BUB. The people who are not of full age and the legal entities whose application is made by the people not having the representation and binding authority, the people whose membership is temporarily suspended and the people whose membership is cancelled cannot benefit from the rights of membership even if their Site Member registration transactions are completed.

3.3.        BUB always can terminate this Agreement unilaterally without needing any reason and without making any notification in a way that it will immediately be effective and can cancel the membership of the Member. The termination or the cancellation of the membership in this way does not in any way impose any liability against BUB to pay any indemnity. BUB, in the cases deemed necessary, has the right to cancel or suspend the membership of a member even without terminating this Agreement. Including these cases but not limited to these, if BUB reaches the conclusion that the provisions of this agreement and the rules of the Site are not followed and that any transaction carried out by the Member poses a risk at any time legally or in terms of the information security of BUB, Site and/or the Members or damages or will be able to damage the commercial interests of BUB, it can decide upon one of the choices among the termination of this Agreement, suspension of the Membership or the cancellation of the membership, which are specified in this article, and can apply them.

 

4.    RIGHTS AND RESPONSIBILITIES

4.1.        Rights and Responsibilities of the Member

4.1.1.       The member, while carrying out the membership transactions, benefitting from the Services and while carrying out any transaction with regard to the Service, accepts that s/he will act in compliance with all the provisions existing in this Agreement, with the rules/declarations specified with regard to the Services from which the members benefit on the related sections of the site and with all the legislations in force, that s/he read, understood and approved all rules and conditions written herein.

4.1.2.       The Member, within the cases which BUB is liable to make explanations to the official authorities as per the imperative legislation provisions in force, accepts that BUB will be authorized to explain the secret/private/commercial information belonging to the users to the official authorities in the event that these information are requested by the official authorities and that no indemnity will be demanded from himself/herself for this reason regardless of any name under. Besides, upon the Member's application to BUB by claiming that his/her rights are violated by the third parties with regard to the materials that the Member published on the site and that s/he will go to law or in the event that it is notified to BUB that one of the parties wishes to go to law on the conflicts between the members, BUB has the right to share the Member Information of the merber with the opposing party.

4.1.3.       The member is responsible for the protection of the Membership Information safely, for ensuring that this information is only used by him/her and for keeping them from third parties. The member, because of the mistakes and negligence on this matter, is responsible for the losses that BUB, other members and the third parties will suffer.

4.1.4.       The members declare and undertake that the information within the site provided by him/her is true and legal and that the publication of the information in question over the internet will not create any contradiction to law in accordance with the legislations in force. BUB cannot be enjoined for investigating the correctness of the information which is directly submitted to itself by the Member or provided, amended or uploaded by itself over the Site and for assuring or undertaking that this information is reliable, true and legal. Also it cannot be held responsible for any loss that can arise on account of the fact that such information is contradictory to law, incorrect or faulty or that it is published.

4.1.5.       The member, without the written consent of BUB, cannot transfer this Agreement or his/her rights and responsibilities within the scope of this Agreement to any third party wholly or partially.

4.1.6.       The Member, who benefits from the services and uses the Site, can carry out transaction over the Site for only legal purposes. The legal and criminal responsibility for all the actions and transactions that the Member carries out over the Site. The member accepts and undertakes that s/he will not reproduce, copy, distribute, process the goods, pictures, texts, visual and auditory images, video clips, files, catalogues and lists within the Site that can constitute a violation against the real or personal rights and properties BUB, any other Member and/or third parties or will not upload the content which can result in such and which are specified herein this article and that s/he will not engage directly and/or indirectly  in competition with BUB either through these actions or through other ways. The Member, on account of the activities that s/he carried out on the Site against the law and the provisions of this agreement, becomes responsible for the losses that BUB, other Members and the third parties can suffer from.

4.1.7.       BUB, with regard to the goods that are on the Site, allows the displaying of the goods and the use of BUB interface for the purpose that the Member learn only the content of the related goods and the Member, except for the aforementioned purpose, cannot copy the goods wholly or in part from the database, cannot directly or indirectly publish these on the other channels cannot gathe, process, apply to the related chair for the registration, produce, have produced, market and cannot share with third parties for this purpose.

4.1.8.       All the responsibilities arising from the services and published content on the Site provided by the Members, including the Buyers, and the third parties belong top themselves and BUB in any way cannot be held responsible.

4.1.9.       The Member accepts declares and undertakes that the responsibility of all kinds of actions and transactions that s/he carries out over the BUB Membership Account belong to him/her, that s/he will not make any plea and/or objection that s/he did not carry out the actions and transactions carried out and/or that s/he will not avoid fulfilling the responsibilities on the basis of this plea or objection.

4.1.10.    The Member accepts, declared and undertakes not to open more than one BUB Membership accounts by means of using a different user name. In the event that it is determined by BUB that this rule is violated and that one or more than one BUB Membership account is opened with a different user name in order to access to the Site by anyone whose membership is terminated, whose membership is ceased or suspended, BUB will have the authority to cancel all BUB Membership Accounts of that person without needing any warning and to terminate this agreement unilaterally without having any indemnity responsibility.

4.2.        Rights and Responsibilities of BUB

4.2.1.   BUB accepts, declares and undertakes to provide the Services mentioned herein this Agreement within the terms specified in this Agreement and within the explanations specified in BUB Membership Account with regard to the presentation of the services in question and to establish and operate the necessary technological infrastructure in order for the Services that are specified within the scope of this Agreement to be presented on condition that the provisions specified on the article 3 of this Agreement is reserved. The responsibility to establish the technological infrastructure specified in this article does not mean a limitless and complete service agreement. BUB, at any time without making any notification, can cease or terminate the Services that are determined by Agreement and their technological infrastructures.  

4.2.2.       BUB has the right to always change Services and Contents that are presented on the Site, to close the information and content that the Members uploaded to the system to the access of the third parties including all the Users and Buyers and to erase them. BUB can use this right without making any notification. The members have to immediately carry out the amendments and/or corrections that BUB requested. BUB, when necessary, can carry out the amendments and/or corrections by itself. The legal and criminal responsibilities of  the losses that can arise by reason of the fact that the amendments and/or corrections requested by BUB are not carried out by the Members on time belong completely to the Members.

4.2.3.       If a link is given by the Members or only for the reason of reference convenience by BUB, this cannot be interpreted as the link is given by BUB for the purpose of supporting the internet sites to which those given links are directed or cannot be acknowledged as any declaration or warranty is given by BUB directed to the internet site in question or its content. BUB does not accept any responsibility with regard to the sites, files and contents that are accessed in this way.

4.2.4.       BUB has the right to use the contents that are uploaded by the Members on the Site or the Member Information for the security of the Member, for executing its own responsibility and for some statistical evaluations. It can classify and store these on a database.

4.2.5.       BUB can conclude agreements with third parties for displaying the the texts, pictures and contents that are used on the Site by the Members on other sites, on search engines and on the advertisements and declarations of BUB. The Member in this agreement precisely declares and accepts that s/he gives BUB the authority in this regard.

4.2.6.       BUB has the right to always check the messages and contents that are against the operation of Site, law, rights of the others, terms of the agreements and to the public decency and to cancel them from access. BUB can cancel the membership of the Member who makes the entrance of such content and message without making any notifications.

 

5.       THE SERVICE AND THE TERMS OF USE

BUB will provide the Service, whose scope and terms of use are determined with this Agreement, to the Members on the Site.

The purpose of the Services that are provided by BUB is offering the goods over the Site to the Members and carrying out their advertisement, providing the communication medium for the goods to be bought by the Members and ensuring that the payments are rendered in a safe way within the scope determined by this agreement on the payment relations between the Parties.    

5.1.      The Buyer makes the purchase request of the good that is put up for sale on the Site by using the Site infrastructure by means of approving that s/he read and accepted the Remote Sales Agreement. The Buyer, through a purchase request submitted to BUB in this way, declares, accepts and undertakes that s/he accepts the conditions that are specified on this Agreement and on the Remote Sales Agreement with regard to the sales of the Good put up for sale.  The Buyer accepts and undertakes to buy the related good with this purchase request.

5.2.      The Buyer, with the purchase requests that s/he made over the Site by using the infrastructure belonging to the Site, is assumed to accept the sales conditions and methods that are specified by Bluemint.The purchase requests that are made by the Buyer cannot be withdrawn or cannot be cancelled.

 

  

6.       THE MEMBER PROFILE EVALUATION SYSTEM

6.1.   While creating the member profile or while adding new comments to BUB or to another Member profile, all the legal and criminal responsibility with regard to the comments that are made by the Member belongs to the Member who added the comment. BUB will accept no legal responsibility because of the comments made and profiles created over the Site by any Member.

6.2.   The Member cannot transfer the member profile which is formed for him/her to any other member under any circumstances and cannot allow its use in any way. In the event that the Member transfers the member profile which is formed for him/her to anyone else or brings it into use, the Member accepts and declares that BUB has the right to unilaterally terminate this agreement without making any notification and to cancel the membership of the Member.

 

7.       PRIVACY POLICY

BUB can use the information related to the Members on the Site within the scope of this Agreement and of the Privacy Policy, which is an inseparable part of this Agreement. BUB can only use the private information belonging to the Members and can only share them with the third parties within the conditions that are specified on the Privacy Policy.

 

8.       OTHER PROVISIONS

8.1.   Intellectual Property Rights

The information that are accessed within the Site and that are provided by the Members legally and the whole elements (including but not limited to the BUB database, BUB interface, goods, text, image, html code and the other codes) of this site (altogether will be referred as to the works of BUB that are subject to the copyright) belongs to BUB and/or taken under license from a third party by BUB. The Members does not have the right to resell, process, share, distribute and exhibit the goods, services, information and the works that are subject to the copyright of BUB. Within the provisions of this Agreement and except for the cases that are allowed by BUB, the Members cannot reproduce, process and distribute the goods and the works that are subject to the copyright of BUB or cannot make or prepare the works that are derived from these. Within the provisions of this Agreement and in the cases that are not authorized by BUB, BUB keeps all its rights reserved directed to the goods, services, information, works that are subject to the copyright, trademarks, commercial outlook or other properties and information on the Site.   

8.2.   The Amendments of Agreement

BUB can amend this Agreement at any time deemed appropriate by declaring it on the Site unilaterally and wholly at its own discretion. The amended provisions of this Agreement will be effective on the date they are declared and the rest of the provisions will remain in force and will continue to be effective in terms of their results and influences. This Agreement cannot be amended through the unilateral declaration of the Member.  

8.3.   Force Majeure

In all the cases that are assumed as the force majeure by the law, BUB is not responsible by virtue of not executing or less or late executing any of the performances which it undertakes through this Agreement. This and the cases such as this will not be assumed as delay, less executing or not executing or default or no indemnity under any name will be demanded from BUB for these cases. The term force majeure will be interpreted as the events that are inevitable, that BUB cannot prevent despite showing the due diligence and that is out of the reasonable control of the related party including but not limited to natural disaster, rebellion, war, labor disruption, communication problems, internet and infrastructure breakdowns, restoration and renovation works related to the system and the breakdowns that can occur for this reason, power cut and adverse weather conditions.  

8.4.   Applicable Law and the Authority

On the execution, interpretation and on the governance of the legal relationships arising within this agreement, the Turkish Law will be applicable except for the Turkish rules of conflict of laws in the event that there is the element of foreignness. On the settlement of all kinds of contradictions that can arise from this agreement, the Courts of Istanbul and the Enforcement Offices will be the authority. 

8.5.   Notification

Unless otherwise precisely specified on this Agreement, all the notifications, warnings, requests, consents or approvals and other communications that are allowed or required as per this Agreement will be in electronic form and will be sent to the e-mail addresses that are specified by the parties. The specified e-mail address of the Member is the e-mail address that s/he stated during the registration to the Site.

In the event that there is a change on the e-mail address of the Member, s/he will send an e-mail to BUB stating the new e-mail address and the date from which this new e-mail address will be valid. In the event that this change is not notified, the notification that is made to the previous e-mail address will be assumed to be submitted.

However, if any notification that will be made to the Member as per this Agreement is legally required to be made to the residential address of the Member, the address that BUB specifies on the Site and the address that the member provided while signing up  will be assumed as the legal notification address.  

8.6.   Enforcement

This Agreement entered into force by having been mutually accepted upon the Member's electronic approval.