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Membership Agreement
1.PARTIES
This Soundklan Membership Contract consisting of this Contract and the documents and appendices (APPENDIX-1 Confidentiality Policy) hereby - which are referred to by and which are an integral part of this Contract (They shall be collectively referred to as the ‘’Contract’’) - is mutually agreed upon between.
This contract was made between SOUNDKLAN BİLGİ TEKNOLOJİLERİ A.Ş. (shall be shortly referred to as ‘’Soundklan’’ hereinafter) and the Member who has registered to the website of Soundklan under the conditions specified by this Contract and has come into effect upon the electronic approval of the Member after having been mutually accepted.
2. DEFINITIONS
Content: Visual, literary and audible images such as all kinds of information, files, pictures, music, numbers, etc broadcast or accessible through the Website and/or any Website.
Soundklan Services (Shortly ‘’Services’’): Applications within the website offered to the Members by Soundklan.
Website: The website constituted by www.soundklan.com domain name and subdomains connected to this domain name and the media where the value added services - established in connection with this website - are presented.
Tools For Access to the System: The information such as user name, password and/or code, etc - which is known only by the Member and which enables the Member to access Member’s Account Management Page and Soundklan Services.
Member(s): Person (People) who has(have) registered to the Website by the methods determined by Soundklan, whose membership is approved by Soundklan and who benefits(benefit) from the Services offered at the Website under the conditions of this present Contract.
Member’s Account Management Page: Personal web page of the Member - which only the member can access by using Tools For Access to the System and where the member performs actions and operations regarding his/her membership and uploads information.
Member Page:
3. SUBJECT AND SCOPE OF THE CONTRACT
The subject of this present Contract is the determination of all the Services already being offered or shall be offered at the Website in the future, the conditions, rights and liabilities of the Parties related to these Services. The scope of this present Contract is this present Contract together with its appendices and any and all declarations - such as warnings, writings and explanations - made by Soundklan regarding usage, membership and Services included within the Website. By accepting the provisions of this present Contract, the Member also accepts any and all declarations made by Soundklan regarding usage, membership and Services included within the Website. The member agrees, declares and undertakes to act in accordance with all the provisions specified in the above mentioned declarations. Legal and penal responsibility of Soundklan is limited by the Law as the person (domain provider) providing and operating the system incorporating service and contents under the Law numbered 5651 and all the responsibility related to the contents pertains to the Member.
4. CONDITIONS FOR MEMBERSHIP AND SERVICE USAGE
a) The membership formalities are completed upon submission of identification information - from the related section of the Website - necessary for the registration of the person willing to register to the Website and the accomplishment of the application approval procedure, sending the necessary information and the approval of the registration process by Soundklan. The right and authority - described in this present Contract- to become a member can not be acquired unless the membership process has been completed. It is forbidden for children under the age of 13 to become a member and furthermore it is also forbidden for members under the age of 18 to access certain contents specified within the Website.
b) Soundklan can offer some of the membership options in consideration of fee. Membership options and prices are indicated at the Frequently Asked Questions (FAQ) and Membership sections of the Website. Soundklan has the right to change Membership prices and conditions relating to Membership unilaterally and at any time. Changes related to Membership prices and conditions of Membership gain validity after being broadcast at the Website.
c) In order to be able to benefit from the rights and authorities of Membership, one needs not to be suspended temporarily from being a Member and not banned permanently by Soundklan from Membership. As indicated above and required by Article 5.1 of this present Contract, completion of registration of people - who have been suspended temporarily or banned permanently by Soundklan from Membership - even by using a different user name shall not result in letting them to become a member of the Website. As soon as Soundklan is aware that the concerned person has previously been canceled temporarily or banned permanently, Soundklan has the right and authority to cancel immediately the Membership of that person without needing to make any notices.
5. RIGHTS AND LIABILITIES
5.1. RIGHTS AND LIABILITIES OF THE MEMBER
a) As the Member fulfills Membership procedures, he/she agrees to act in accordance with all the conditions under this present Contract, rules set forth at the relevant places of the Website and all the legislation in effect while he/she benefits from the Services at the Website or fulfills any operation related to the Services at the Website and also agrees that he/she fully understands and approves all the aforementioned conditions and rules.
b) In cases where Soundklan is obliged to make any disclosures to the official authorities in accordance with the provisions of the mandatory legislation in effect and if disclosure is demanded duly by the official authorities, the Member agrees that Soundklan shall be authorized to disclose any confidential/personal/commercial information pertaining to the members to the relevant bodies In addition, if found necessary by Soundklan, Soundklan may disclose user information to people deemed by Soundklan as right holder. The member agrees and undertakes that under any circumstances, he/she shall not be entitled to claim for indemnity - due to the said reasons - against Soundklan.
c) Issues related to the security, protection, non-disclosure to third parties and usage of Tools For Access to the System (user name, password, etc) used by the members in order to benefit from the Services offered by Soundklan are solely under the responsibility of the Members. Soundklan is not directly or indirectly responsible for any damage encountered by the Members and/or third parties due to any omission or fault of Soundklan regarding the issues related to the security, protection, non-disclosure to third parties and usage of Tools For Access to the System of the Members.
d) The members agree and undertake that the information and contents given by the Members within the Website are true, legal and not in a condition to violate any rights. The members may not upload any contents - to the Website - especially containing violation of intellectual property rights, threats, savage, abusing, pornographic contents or which might encourage crime, racial or ethnical offense or any content which might constitute a crime. Soundklan is not responsible for investigating the correctness of the information delivered to Soundklan or uploaded, changed or provided to the Website by the Members; undertaking and guaranteeing that such information and contents are secure, true and in compliance with the Law. Soundklan can not be held responsible for any damage arising from any virus, Trojan or similar harmful codes or programs entering into the computer of the Member due to such incorrect and faulty information. People benefiting from the Services offered by Soundklan, Members and users of the Website may perform operations through the webs only for legal purposes. Legal and penal responsibility regarding any operations of the Members within the Website belong to themselves. Soundklan at its own discretion may perform interferences on the contents taking place at the Website such as shortening or deleting. The member is not discharged from his/her legal responsibilities due to such interferences performed by Soundklan.
e) The member agrees, declares and undertakes that all operations performed at the Member’s Account Management Page are exclusively and solely realized by himself/herself. The member agrees and declares that Soundklan shall be entitled to terminate this present Contract and the Membership of the Member unilaterally and without prior notice in case where the Member transfers his/her own Member’s Account Management Page to another person or opens this page to the use of another person. Unless the Members receive prior written approval of Soundklan, they may not transfer to any third parties this present Contract or part or whole of their rights and liabilities under this present Contract.
f) Each Member agrees and undertakes that he/she shall not reproduce, copy, distribute, process pictures, texts, audio-visual images, video clips, songs, compositions and any similar music products, any software and software parts, files, database, catalogs and lists within the Website or in any other medium or at any other location in a manner to offend in kind and personal rights, property or intellectual property rights of Soundklan and/or another Member and/or third parties. Soundklan shall not directly and/or indirectly be held responsible for the actual or possible damages encountered by the third parties due to the the activities - in conflict with the provisions of this present Contract or against the Law - realized by the Members in connection with Soundklan or Soundklan Services.
g) Soundklan and employees and directors of Soundklan are not responsible for the contents broadcast by third parties - including the Members - at the internet sites given within or linked to the Website. Correctness and legality of the information, contents, audio-visual images broadcast by any third party completely belong to the people who realize such actions. Soundklan does not undertake or guarantee the security, correctness and legality of services or contents provided by third parties including Members.
h) The members and Soundklan are independent parties. Approval and execution of this present Contract by the Members and Soundklan don't result in establishment of any partnership, representation or employee-employer relation between them.
i) Unless approved by Soundklan, in any operations realized by the Members through the Website, it is forbidden for the Members to provide a link to another web site, the content of a web site or any data within the network.
j) If a case or a claim is filed against Soundklan due to the violation of the provisions of this present Contract by the Member, the Member agrees, declares and undertakes that this case or claim may be notified to him/her by Soundklan, that Member shall provide all necessary information and content to Soundklan for defending itself and that in case where Soundklan undergoes any loss as a result of the said case or claim, Soundklan may recourse to the Member for such a loss provided that indemnity rights of Soundklan shall remain reserved.
k) Soundklan has the right to terminate this present Contract unilaterally and without needing to make any prior notice, to suspend or cancel the Membership in case where the Member violates the liabilities set forth by Article 5.1 of this present Contract.
l) Member may definitely not send any content to the Website for the purposes of commercial advertising. Soundklan may delete from the Website at any time any contents deemed to serve commercial or advertising purposes or ban temporarily or permanently the Membership of the Member who uploaded such contents.
m) It is strictly forbidden - for the Member to license or sublicense, sell, rent, lease or distribute in any other way - any software, parts of software, integrated or separate media players and similar applications within the Website. The Member agrees and undertakes not to reverse or convert into source code or reverse-engineer or perform any other operations aiming at finding or achieving the source code of any software, parts of software, integrated or separate media players and similar applications within the Website.
n) In accordance with Membership specifications determined by Soundklan, the Member can block the information, content and messages coming to him/her from other Members; block other Members selected by him/her from seeing him/her through the website; or trace who looks at his/her information or contents through the Website.
5.5. RIGHTS AND LIABILITIES OF SOUNDKLAN
a) Soundklan reserves the right to change the Services offered by Soundklan at the Website, to close the information or contents - uploaded by the Members - to the access of third parties including the Members or delete such. Soundklan may use this right without making any prior notice or time warning. Members are obliged to perform immediately the changes and/or corrections demanded by Soundklan. If deemed necessary by Soundklan, the changes and/or corrections demanded by Soundklan may be made by Soundklan. Actual or possible losses, legal and penal responsibilities - arising from failure of Members in fulfilling the changes and/or corrections demanded by Soundklan - are completely under the responsible of the Members.
b) Links - to a number of web sites or contents which are not controlled by Soundklan - may be provided within the Website solely by Soundklan for ease of reference or other reasons. Such links are not for supporting the said websites or content owners and they do not carry any declaration or guarantee pertaining to the web site or the information within the contents. Soundklan is no responsible for the portals accessed via these links or services or products offered through the websites or their contents.
c) Soundklan may use - as it pleases - the Member details at the website or other information given by the Members - for purposes of Member security, executing its own liabilities and statistical evaluations and also arrange and store such information at a database.
d) Soundklan may - at any time and in any way - ban the contents which it finds against the operation of the Website, general rules, general ethical and commercial rules and which are deemed to establish a crime or an offense against rights. Soundklan may terminate without making any prior notice the Membership of the Member who has uploaded such contents. The member agrees, declares and undertakes that in case where the contents are banned due to the reasons set forth in this article or his/her Membership has been terminated without any prior notice, he/she shall not be entitled to object or claim for indemnity or have similar demands against Soundklan.
e) Soundklan may make changes and/or arrangements in the Services in order to assist the Members to be able to perform the jobs and operations defined under this present Contract. The rules and conditions to be followed by the Members in this respect shall be announced to the Members on the related page.
f) Soundklan may at any time provide the Services in consideration of fee or by other means provided that it announces such information at the Website. Said Services shall be provided under the announced terms and conditions following such announcements and new terms and conditions shall also apply to the previous Members who used to get benefit from the Services prior to the change.
g) Soundklan may make changes on any contents or information uploaded to the website by the Members, enter various advertisements messages or information before or after such contents are broadcast. The users entering the Website may be required to watch the advertisement, message or content before they can view the details of the Member. The member agrees, declares and undertakes that he/she shall not be entitled for any claims against Soundklan in case of the changes specified in this article or the requirement to watch such advertisements, messages and information. The Member also consents to the performance of the aforementioned acts by Soundklan.
6. SERVICES
Primary services to be provided by Soundklan are the hosting of contents uploaded to the website by the Members and displaying these to the users visiting the website. Soundklan may at its own discretion provide new Services provided that they are announced and applied through the website.
7. CONFIDENTIALITY POLICY
Soundklan may use – other than the scope of this present Contract- the information pertaining to the Members at the Website within the scope of the Confidentiality Policy which is given in Appendix - 1 of this present Contract and which is an integral part of this Contract. Soundklan may only disclose to third parties or use the confidential information pertaining to the Members outside the scope of this present Contract as long as it is in accordance with the provisions specified in the Confidentiality Policy.
8. OTHER PROVISIONS
8.1. INTELLECTUAL PROPERTY RIGHTS
a) All components of the Website (including but not limited to design, text, image, html code and other codes) belong to Soundklan (works subject to copyright of Soundklan) and/or they are used by Soundklan under a license from a third party. The members may not resell, share, distribute, exhibit the Services, information of Soundklan, the works subject to copyright of Soundklan or permit others to access or use such; Otherwise they shall be liable for compensating the losses which are encountered by the licensors including third party losses and which are claimed for indemnity against Soundklan including court charges and attorney fees: Members may not reproduce, distribute works subject to copyright of Soundklan or derivate or make arrangements on such.
b) All rights of Soundklan regarding Soundklan Services, Soundklan information, works subject to copyright of Soundklan, Soundklan trademarks, Soundklan commercial display and all assets of Soundklan including any and all tangible rights and intellectual property rights acquired by means of the website, in kind and personal rights, commercial information and know-how are reserved.
c) In case where any written, audio-visual content uploaded to the Website by the Member is subject to intellectual property, the Member agrees, declares and undertakes that he/she holds the right to upload the said content to the website, that he/she acted completely at her own discretion about the upload of such content, in case any content - to establish an offense is uploaded - that he/she shall be responsible for legal and penal results of such action, that he/she shall be liable for compensating the losses which are encountered by the third parties due to such contents and which are claimed for indemnity against Soundklan including court charges and attorney fees.
d) In case any play list or database of other nature uploaded to the Website by the Member is subject to intellectual property, the intellectual property rights belong to the Member however the Member gives Soundklan the authority - for an indefinite term and to be valid all around the world - for transfer of the database to other media, distribution, sale, leasing rights, reproduction and publication rights and utilization of license rights in licensing third parties. The members are not entitled to resell, process, share, distribute, exhibit or license others regarding the contents and database uploaded to the Website by other Members. The members may not reproduce, process, distribute or derivate or make arrangements on the contents and database uploaded to the Website by other Members.
8.2. AMENDMENTS TO THE CONTRACT
Soundklan may unilaterally and at any time amend this present Contract by announcing such amendment at the Website. The amended provisions of this present Contract shall become effective at the date of announcement and the remaining provisions shall stay in effect in the same manner as before the amendment.
8.3. FORCE MAJEURE
Soundklan shall not be responsible for late or incomplete execution or failure in execution of any actions - stipulated in this present Contract- due to legal force majeure reasons. Such conditions shall not be deemed as late or incomplete execution or failure of execution or default for Soundklan and no indemnity shall be claimed against Soundklan for such occasions. Force majeure conditions shall be interpreted as unavoidable circumstances which develop beyond the considerable control of Soundklan and which can not be prevented although Soundklan shows the necessary due diligence including without limitation conditions such as natural disaster, riot, war, strike, communication problems, infrastructure and internet faults and bad weather conditions.
8.4. GOVERNING LAW AND JURISDICTION
The execution and interpretation of this present Contract as well as the settlement of any disputes arising thereof shall be governed by the provisions of the Turkish Law.
Central Courts and Execution Offices of Istanbul shall be authorized in the resolution of any controversies which have arisen or shall arise from this present Contract.
8.5. VALIDITY OF SOUNDKLAN RECORDS
In respect of the possible controversies arising from this present Contract, the Member agrees, declares and undertakes that electronic and system records stored at Soundklan’s own database and servers, book records, microfilm, microfiche and computer records shall constitute reliable, definite and exclusive evidence, that the Member shall hold Soundklan harmless from oath proposals and that this article is in the nature of evidence contract according to Article 287 of the Code of Legal Procedure.
8.6. ENFORCEMENT OF THE CONTRACT
This present Contract has come into effect upon electronic approval of the Member after having been mutually agreed.
This Soundklan Membership Contract consisting of this Contract and the documents and appendices (APPENDIX-1 Confidentiality Policy) hereby - which are referred to by and which are an integral part of this Contract (They shall be collectively referred to as the ‘’Contract’’) - is mutually agreed upon between.
This contract was made between SOUNDKLAN BİLGİ TEKNOLOJİLERİ A.Ş. (shall be shortly referred to as ‘’Soundklan’’ hereinafter) and the Member who has registered to the website of Soundklan under the conditions specified by this Contract and has come into effect upon the electronic approval of the Member after having been mutually accepted.
2. DEFINITIONS
Content: Visual, literary and audible images such as all kinds of information, files, pictures, music, numbers, etc broadcast or accessible through the Website and/or any Website.
Soundklan Services (Shortly ‘’Services’’): Applications within the website offered to the Members by Soundklan.
Website: The website constituted by www.soundklan.com domain name and subdomains connected to this domain name and the media where the value added services - established in connection with this website - are presented.
Tools For Access to the System: The information such as user name, password and/or code, etc - which is known only by the Member and which enables the Member to access Member’s Account Management Page and Soundklan Services.
Member(s): Person (People) who has(have) registered to the Website by the methods determined by Soundklan, whose membership is approved by Soundklan and who benefits(benefit) from the Services offered at the Website under the conditions of this present Contract.
Member’s Account Management Page: Personal web page of the Member - which only the member can access by using Tools For Access to the System and where the member performs actions and operations regarding his/her membership and uploads information.
Member Page:
3. SUBJECT AND SCOPE OF THE CONTRACT
The subject of this present Contract is the determination of all the Services already being offered or shall be offered at the Website in the future, the conditions, rights and liabilities of the Parties related to these Services. The scope of this present Contract is this present Contract together with its appendices and any and all declarations - such as warnings, writings and explanations - made by Soundklan regarding usage, membership and Services included within the Website. By accepting the provisions of this present Contract, the Member also accepts any and all declarations made by Soundklan regarding usage, membership and Services included within the Website. The member agrees, declares and undertakes to act in accordance with all the provisions specified in the above mentioned declarations. Legal and penal responsibility of Soundklan is limited by the Law as the person (domain provider) providing and operating the system incorporating service and contents under the Law numbered 5651 and all the responsibility related to the contents pertains to the Member.
4. CONDITIONS FOR MEMBERSHIP AND SERVICE USAGE
a) The membership formalities are completed upon submission of identification information - from the related section of the Website - necessary for the registration of the person willing to register to the Website and the accomplishment of the application approval procedure, sending the necessary information and the approval of the registration process by Soundklan. The right and authority - described in this present Contract- to become a member can not be acquired unless the membership process has been completed. It is forbidden for children under the age of 13 to become a member and furthermore it is also forbidden for members under the age of 18 to access certain contents specified within the Website.
b) Soundklan can offer some of the membership options in consideration of fee. Membership options and prices are indicated at the Frequently Asked Questions (FAQ) and Membership sections of the Website. Soundklan has the right to change Membership prices and conditions relating to Membership unilaterally and at any time. Changes related to Membership prices and conditions of Membership gain validity after being broadcast at the Website.
c) In order to be able to benefit from the rights and authorities of Membership, one needs not to be suspended temporarily from being a Member and not banned permanently by Soundklan from Membership. As indicated above and required by Article 5.1 of this present Contract, completion of registration of people - who have been suspended temporarily or banned permanently by Soundklan from Membership - even by using a different user name shall not result in letting them to become a member of the Website. As soon as Soundklan is aware that the concerned person has previously been canceled temporarily or banned permanently, Soundklan has the right and authority to cancel immediately the Membership of that person without needing to make any notices.
5. RIGHTS AND LIABILITIES
5.1. RIGHTS AND LIABILITIES OF THE MEMBER
a) As the Member fulfills Membership procedures, he/she agrees to act in accordance with all the conditions under this present Contract, rules set forth at the relevant places of the Website and all the legislation in effect while he/she benefits from the Services at the Website or fulfills any operation related to the Services at the Website and also agrees that he/she fully understands and approves all the aforementioned conditions and rules.
b) In cases where Soundklan is obliged to make any disclosures to the official authorities in accordance with the provisions of the mandatory legislation in effect and if disclosure is demanded duly by the official authorities, the Member agrees that Soundklan shall be authorized to disclose any confidential/personal/commercial information pertaining to the members to the relevant bodies In addition, if found necessary by Soundklan, Soundklan may disclose user information to people deemed by Soundklan as right holder. The member agrees and undertakes that under any circumstances, he/she shall not be entitled to claim for indemnity - due to the said reasons - against Soundklan.
c) Issues related to the security, protection, non-disclosure to third parties and usage of Tools For Access to the System (user name, password, etc) used by the members in order to benefit from the Services offered by Soundklan are solely under the responsibility of the Members. Soundklan is not directly or indirectly responsible for any damage encountered by the Members and/or third parties due to any omission or fault of Soundklan regarding the issues related to the security, protection, non-disclosure to third parties and usage of Tools For Access to the System of the Members.
d) The members agree and undertake that the information and contents given by the Members within the Website are true, legal and not in a condition to violate any rights. The members may not upload any contents - to the Website - especially containing violation of intellectual property rights, threats, savage, abusing, pornographic contents or which might encourage crime, racial or ethnical offense or any content which might constitute a crime. Soundklan is not responsible for investigating the correctness of the information delivered to Soundklan or uploaded, changed or provided to the Website by the Members; undertaking and guaranteeing that such information and contents are secure, true and in compliance with the Law. Soundklan can not be held responsible for any damage arising from any virus, Trojan or similar harmful codes or programs entering into the computer of the Member due to such incorrect and faulty information. People benefiting from the Services offered by Soundklan, Members and users of the Website may perform operations through the webs only for legal purposes. Legal and penal responsibility regarding any operations of the Members within the Website belong to themselves. Soundklan at its own discretion may perform interferences on the contents taking place at the Website such as shortening or deleting. The member is not discharged from his/her legal responsibilities due to such interferences performed by Soundklan.
e) The member agrees, declares and undertakes that all operations performed at the Member’s Account Management Page are exclusively and solely realized by himself/herself. The member agrees and declares that Soundklan shall be entitled to terminate this present Contract and the Membership of the Member unilaterally and without prior notice in case where the Member transfers his/her own Member’s Account Management Page to another person or opens this page to the use of another person. Unless the Members receive prior written approval of Soundklan, they may not transfer to any third parties this present Contract or part or whole of their rights and liabilities under this present Contract.
f) Each Member agrees and undertakes that he/she shall not reproduce, copy, distribute, process pictures, texts, audio-visual images, video clips, songs, compositions and any similar music products, any software and software parts, files, database, catalogs and lists within the Website or in any other medium or at any other location in a manner to offend in kind and personal rights, property or intellectual property rights of Soundklan and/or another Member and/or third parties. Soundklan shall not directly and/or indirectly be held responsible for the actual or possible damages encountered by the third parties due to the the activities - in conflict with the provisions of this present Contract or against the Law - realized by the Members in connection with Soundklan or Soundklan Services.
g) Soundklan and employees and directors of Soundklan are not responsible for the contents broadcast by third parties - including the Members - at the internet sites given within or linked to the Website. Correctness and legality of the information, contents, audio-visual images broadcast by any third party completely belong to the people who realize such actions. Soundklan does not undertake or guarantee the security, correctness and legality of services or contents provided by third parties including Members.
h) The members and Soundklan are independent parties. Approval and execution of this present Contract by the Members and Soundklan don't result in establishment of any partnership, representation or employee-employer relation between them.
i) Unless approved by Soundklan, in any operations realized by the Members through the Website, it is forbidden for the Members to provide a link to another web site, the content of a web site or any data within the network.
j) If a case or a claim is filed against Soundklan due to the violation of the provisions of this present Contract by the Member, the Member agrees, declares and undertakes that this case or claim may be notified to him/her by Soundklan, that Member shall provide all necessary information and content to Soundklan for defending itself and that in case where Soundklan undergoes any loss as a result of the said case or claim, Soundklan may recourse to the Member for such a loss provided that indemnity rights of Soundklan shall remain reserved.
k) Soundklan has the right to terminate this present Contract unilaterally and without needing to make any prior notice, to suspend or cancel the Membership in case where the Member violates the liabilities set forth by Article 5.1 of this present Contract.
l) Member may definitely not send any content to the Website for the purposes of commercial advertising. Soundklan may delete from the Website at any time any contents deemed to serve commercial or advertising purposes or ban temporarily or permanently the Membership of the Member who uploaded such contents.
m) It is strictly forbidden - for the Member to license or sublicense, sell, rent, lease or distribute in any other way - any software, parts of software, integrated or separate media players and similar applications within the Website. The Member agrees and undertakes not to reverse or convert into source code or reverse-engineer or perform any other operations aiming at finding or achieving the source code of any software, parts of software, integrated or separate media players and similar applications within the Website.
n) In accordance with Membership specifications determined by Soundklan, the Member can block the information, content and messages coming to him/her from other Members; block other Members selected by him/her from seeing him/her through the website; or trace who looks at his/her information or contents through the Website.
5.5. RIGHTS AND LIABILITIES OF SOUNDKLAN
a) Soundklan reserves the right to change the Services offered by Soundklan at the Website, to close the information or contents - uploaded by the Members - to the access of third parties including the Members or delete such. Soundklan may use this right without making any prior notice or time warning. Members are obliged to perform immediately the changes and/or corrections demanded by Soundklan. If deemed necessary by Soundklan, the changes and/or corrections demanded by Soundklan may be made by Soundklan. Actual or possible losses, legal and penal responsibilities - arising from failure of Members in fulfilling the changes and/or corrections demanded by Soundklan - are completely under the responsible of the Members.
b) Links - to a number of web sites or contents which are not controlled by Soundklan - may be provided within the Website solely by Soundklan for ease of reference or other reasons. Such links are not for supporting the said websites or content owners and they do not carry any declaration or guarantee pertaining to the web site or the information within the contents. Soundklan is no responsible for the portals accessed via these links or services or products offered through the websites or their contents.
c) Soundklan may use - as it pleases - the Member details at the website or other information given by the Members - for purposes of Member security, executing its own liabilities and statistical evaluations and also arrange and store such information at a database.
d) Soundklan may - at any time and in any way - ban the contents which it finds against the operation of the Website, general rules, general ethical and commercial rules and which are deemed to establish a crime or an offense against rights. Soundklan may terminate without making any prior notice the Membership of the Member who has uploaded such contents. The member agrees, declares and undertakes that in case where the contents are banned due to the reasons set forth in this article or his/her Membership has been terminated without any prior notice, he/she shall not be entitled to object or claim for indemnity or have similar demands against Soundklan.
e) Soundklan may make changes and/or arrangements in the Services in order to assist the Members to be able to perform the jobs and operations defined under this present Contract. The rules and conditions to be followed by the Members in this respect shall be announced to the Members on the related page.
f) Soundklan may at any time provide the Services in consideration of fee or by other means provided that it announces such information at the Website. Said Services shall be provided under the announced terms and conditions following such announcements and new terms and conditions shall also apply to the previous Members who used to get benefit from the Services prior to the change.
g) Soundklan may make changes on any contents or information uploaded to the website by the Members, enter various advertisements messages or information before or after such contents are broadcast. The users entering the Website may be required to watch the advertisement, message or content before they can view the details of the Member. The member agrees, declares and undertakes that he/she shall not be entitled for any claims against Soundklan in case of the changes specified in this article or the requirement to watch such advertisements, messages and information. The Member also consents to the performance of the aforementioned acts by Soundklan.
6. SERVICES
Primary services to be provided by Soundklan are the hosting of contents uploaded to the website by the Members and displaying these to the users visiting the website. Soundklan may at its own discretion provide new Services provided that they are announced and applied through the website.
7. CONFIDENTIALITY POLICY
Soundklan may use – other than the scope of this present Contract- the information pertaining to the Members at the Website within the scope of the Confidentiality Policy which is given in Appendix - 1 of this present Contract and which is an integral part of this Contract. Soundklan may only disclose to third parties or use the confidential information pertaining to the Members outside the scope of this present Contract as long as it is in accordance with the provisions specified in the Confidentiality Policy.
8. OTHER PROVISIONS
8.1. INTELLECTUAL PROPERTY RIGHTS
a) All components of the Website (including but not limited to design, text, image, html code and other codes) belong to Soundklan (works subject to copyright of Soundklan) and/or they are used by Soundklan under a license from a third party. The members may not resell, share, distribute, exhibit the Services, information of Soundklan, the works subject to copyright of Soundklan or permit others to access or use such; Otherwise they shall be liable for compensating the losses which are encountered by the licensors including third party losses and which are claimed for indemnity against Soundklan including court charges and attorney fees: Members may not reproduce, distribute works subject to copyright of Soundklan or derivate or make arrangements on such.
b) All rights of Soundklan regarding Soundklan Services, Soundklan information, works subject to copyright of Soundklan, Soundklan trademarks, Soundklan commercial display and all assets of Soundklan including any and all tangible rights and intellectual property rights acquired by means of the website, in kind and personal rights, commercial information and know-how are reserved.
c) In case where any written, audio-visual content uploaded to the Website by the Member is subject to intellectual property, the Member agrees, declares and undertakes that he/she holds the right to upload the said content to the website, that he/she acted completely at her own discretion about the upload of such content, in case any content - to establish an offense is uploaded - that he/she shall be responsible for legal and penal results of such action, that he/she shall be liable for compensating the losses which are encountered by the third parties due to such contents and which are claimed for indemnity against Soundklan including court charges and attorney fees.
d) In case any play list or database of other nature uploaded to the Website by the Member is subject to intellectual property, the intellectual property rights belong to the Member however the Member gives Soundklan the authority - for an indefinite term and to be valid all around the world - for transfer of the database to other media, distribution, sale, leasing rights, reproduction and publication rights and utilization of license rights in licensing third parties. The members are not entitled to resell, process, share, distribute, exhibit or license others regarding the contents and database uploaded to the Website by other Members. The members may not reproduce, process, distribute or derivate or make arrangements on the contents and database uploaded to the Website by other Members.
8.2. AMENDMENTS TO THE CONTRACT
Soundklan may unilaterally and at any time amend this present Contract by announcing such amendment at the Website. The amended provisions of this present Contract shall become effective at the date of announcement and the remaining provisions shall stay in effect in the same manner as before the amendment.
8.3. FORCE MAJEURE
Soundklan shall not be responsible for late or incomplete execution or failure in execution of any actions - stipulated in this present Contract- due to legal force majeure reasons. Such conditions shall not be deemed as late or incomplete execution or failure of execution or default for Soundklan and no indemnity shall be claimed against Soundklan for such occasions. Force majeure conditions shall be interpreted as unavoidable circumstances which develop beyond the considerable control of Soundklan and which can not be prevented although Soundklan shows the necessary due diligence including without limitation conditions such as natural disaster, riot, war, strike, communication problems, infrastructure and internet faults and bad weather conditions.
8.4. GOVERNING LAW AND JURISDICTION
The execution and interpretation of this present Contract as well as the settlement of any disputes arising thereof shall be governed by the provisions of the Turkish Law.
Central Courts and Execution Offices of Istanbul shall be authorized in the resolution of any controversies which have arisen or shall arise from this present Contract.
8.5. VALIDITY OF SOUNDKLAN RECORDS
In respect of the possible controversies arising from this present Contract, the Member agrees, declares and undertakes that electronic and system records stored at Soundklan’s own database and servers, book records, microfilm, microfiche and computer records shall constitute reliable, definite and exclusive evidence, that the Member shall hold Soundklan harmless from oath proposals and that this article is in the nature of evidence contract according to Article 287 of the Code of Legal Procedure.
8.6. ENFORCEMENT OF THE CONTRACT
This present Contract has come into effect upon electronic approval of the Member after having been mutually agreed.
