TERMS OF USE

 

You acknowledge and agree that, by accessing or using the www.gallerymak.com (hereinafter referred to as WEBSITE) or services or by selling or purchasing a work on or through the WEBSITE or services or by posting any content on the WEBSITE, you are indicating that you have read, understand and agree to be bound by these terms, whether or not you have registered with the WEBSITE. If you do not agree to these terms, then you have no right to access or use the WEBSITE or services.

 

Mehmet Ak Gallerymak Sanat Eserleri İç Dış Ticaret (GALLERYMAK) shall not be responsible for any direct or indirect damages based on any breach of this Agreement, tort or otherwise due to visiting www.gallerymak.com (hereinafter referred to as WEBSITE) WEBSITE, using WEBSITE or the information and other data and programs contained at WEBSITE. GALLERYMAK shall not assume responsibility for any interruption during the transaction, failure, negligence and interruption due to breach, tort or otherwise.

 

GALLERYMAK reserves the right, at its sole discretion, to modify, discontinue or terminate the WEBSITE or Services or to modify these Terms, at any time and without prior notice. If GALLERYMAK modifies these Terms, we will post the modification on the WEBSITE. By continuing to access or use the WEBSITE or Services after we have posted a modification on the WEBSITE, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the WEBSITE and Services. These conditions are also valid for other web pages which involves links.

 

1. Use and Privacy Policies

 

GALLERYMAK has the right to use the contact / personal information provided by user when registering for the WEBSITE; to communicate with the user via e-mail, mail, mobile telephone, SMS, fax and to conduct marketing activities. The user by accepting this agreement,  confirms that GALLERYMAK can conduct aforementioned communication activities.

 

2. Content Usage

 

GALLERYMAK is the owner or license holder of all the materials including the general appearance and design of WEBSITE and all information, pictures, trademark GALLERYMAK and other trademarks contained at WEBSITE, the domain name www.gallerymak.com and sub domain names thereof, logos, icons, demonstrative, written, electronic, graphic or machine readable technical data, computer software, applicable sales system, business methods and business models (“Materials”) and all intellectual and industrial property rights thereon, which are under legal protection. No Material contained at WEBSITE including the codes and software thereof may be changes, copied, reproduced, sublicensed, republished, loaded to another computer, mailed, transmitted, presented or distributed without prior approval and providing reference thereto. All or any portion of WEBSITE may not be used at another web site without approval. Any actions contrary thereto shall require legal and criminal responsibilities. GALLERYMAK reserves all rights not explicitly stated hereunder. 

 

3. Responsibilities

 

3.a. Information of users who visit the WEBSITE (visit duration, time, viewed pages) are followed with the aim to better serve them. This information can be shared with our partners in order to expand and improve content in advertising and such by holding to confidentiality requirements. 

 

3.b. The user when using the services of WEBSITE agrees to comply Turkish Penal Code, Turkish Commercial Code, Intellectual and Artistic Works Act, Decree and the Law on Protection of Trademark and Patent Rights legislation, Debt Act, other related legislation and all announcements and notifications related to services published via the WEBSITE of GALLERYMAK. Any legal, penal and financial liability may arise due to these declarations and unlawful use belongs to user.

 

3.c. It is the responsibility of user to back up messages, e-mails and conversations made with GALLERYMAK and WEBSITE. GALLERYMAK can not be hold to responsible for not having the back up of lost, damaged or deleted messages, e-mails and conversations.

 

3.d. The user can not take actions that prevents or complicates the use of WEBSITE for other users and visitors, cannot force / unlock servers or databases by installing automated programs. He cannot be found in the enterprise for cheating. If there, membership will be terminated and user agrees for all kinds of legal, criminal liability arising from the situation. 

 

3.e. This WEBSITE may contain links or references in other sites which are not under the control of GALLERYMAK. GALLERYMAK is not responsible the contents of this sites or other links they contain.

 

3.f. Membership cancellation and account deletion can be done through WEBSITE by user. Authorized access of user will be cancelled. People who cancel their membership agrees that this process is not irreversible. The decision of deleting or holding any records of user accounts which are terminated by WEBSITE management or by the user himself belongs to GALLERYMAK. User can not have any rights or claims about deleted records.

 

3.g. By the user of GALLERYMAK has access to the user for WEBSITE or mobile application specified on the registration form or then the address is updated by himself, E-mail address fixed and mobile phone lines and other contact information via letter, e-mail, SMS, phone calls and users in other ways communication, marketing, declaration and other purposes. The user by accepting this agreement, long as in contrast that there is not written declarations, accepts and affirms GALLERYMAK can be found at aforementioned communication activities for him.

 

3.h. The user accepts, declares and undertakes with the provisions of the Privacy Policy in accordance with the provisions of applicable mandatory legislation or in cases of alleged violation of the rights of third parties and other user's, GALLERYMAK would be authorized to both the official authorities and eligible persons secret / private / commercial information therefore under whatever each registered compensation could not be claimed from GALLERYMAK.

 

The User shall be fully responsible for ensuring that the ways to access the system used to benefit from the services provided by GALLERYMAK (user names, passwords etc.) are secured and protected against unauthorized access by third parties. GALLERYMAK may not be held directly or indirectly responsible for losses and damages incurred by the Users and / or third parties due to the negligence and faults of the Users and / or third parties in respect of ensuring that the ways to access the system are secured and protected against unauthorized access by third parties.

 

GALLERYMAK is entitled to exactly reserve the right of recourse if GALLERYMAK is forced to pay any compensation and / or administrative / criminal penalties to public institutions and / or to third parties because of users’ behaviour contrary to Terms of Use.

 

4. Continuity of Service

 

4.1. This User Agreement will remain in force as long as user visit the WEBSITE and / or remain member and will continue to bear the consequences and terms; The expiry of the user's membership period, or in the event of temporary or permanent suspension of membership it shall be deemed to have ended. In case of violation of this User Agreement and / or, such rules of the user located within WEBSITE regarding the membership and Service particularly in the cases mentioned below, GALLERYMAK could unilaterally terminate User Agreement and the users shall be liable to indemnifying GALLERYMAK's suffered all direct or indirect damages due to the termination:

4.1.1 The user's engagement in manipulation to the functioning of WEBSITE by using any method,

4.1.2 The user's delegate or opening for use to someone else his / her user profile which he / she created for himself,

4.1.3 The user's actions that violate the rights of third parties.

Every user / member who enter the WEBSITE will depend with the provisions of this Agreement indefinitely.

 

4.2. GALLERYMAK make changes unilaterally in this agreement without any notification to ensure continuity of committed services. GALLERYMAK always has the right to stop permanently / temporarily, change the content of or cancel the WEBSITE unilaterally; without any justification. The user agrees to this right. 

 

4.3. GALLERYMAK expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this WEBSITE and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this WEBSITE after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use. 

 

5. Force Majeure

By this Agreement, in all cases which considered as force majeure judicially, GALLERYMAK is not responsible for any of the specified acquisitions that are executed late, incomplete or nonexecuted. In cases of force majeure; delay of execution, incomplete execution and nonexecution of acquisitions; users will not claim compensation under any name of GALLERYMAK. The term force majeure will be reviewed as natural disasters, strike, rebellion, war, cyber-attacks, communication problems, infrastructure and internet failures, system improvement / update and defects related, power outage and also include adverse weather conditions but not limited thereto; and will be considered as unavoidable occurrences that are uncontrollable by GALLERYMAK.

 

6. Disclaimers

 

The WEBSITE, services, GALLERYMAK content and member content are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, GALLERYMAK explicitly disclaims any warranties of merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of trade. 

 

GALLERYMAK makes no warranty that the WEBSITE, services, GALLERYMAK content or member content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. GALLERYMAK makes no warranty regarding the quality of any works, services, content or products purchased or obtained through the WEBSITE or services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the WEBSITE or services.

 

No advice or information, whether oral or written, obtained from GALLERYMAK or through the WEBSITE or services, will create any warranty not expressly made herein.

You are solely responsible for all of your communications and interactions with other members or users of the WEBSITE or services and with other persons with whom you communicate or interact as a result of your use of the WEBSITE or services. You understand that, except as expressly set forth in these terms, GALLERYMAK does not screen or inquire into the background of members or other users of the WEBSITE or services, nor does GALLERYMAK make any attempt to verify the statements of any members or users of the WEBSITE or services. 

 

GALLERYMAK makes no representations or warranties as to the conduct of users of the WEBSITE or services. You agree to take reasonable precautions in all communications and interactions with other members or users of the WEBSITE or services and with other persons with whom you communicate or interact as a result of your use of the WEBSITE or services, particularly if you decide to meet offline or in person.

 

7. Limitation of Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the WEBSITE, Services, GALLERYMAK Content and Member Content remains with you. Neither GALLERYMAK nor any other party involved in creating, producing, or delivering the WEBSITE, Services, GALLERYMAK Content or Member Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms or from the use of or inability to use the WEBSITE, Services, GALLERYMAK Content or Member Content, or from any communications, interactions or meetings with other Members or users of the WEBSITE or Services or other persons with whom you communicate or interact as a result of your use of the WEBSITE or Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not GALLERYMAK has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

 

8. Governing Law and Jurisdiction

Turkish Law will be applied for implementation, interpretation and the provisions of the nature management of legal relations of this User Agreement. In the settlement of any dispute arising from this User Agreement, Istanbul Courts and Executive Offices are authorized.