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Membership Agreement


Please read these ‘site terms of use’ carefully before using our site.

Our customers who use and shop on this shopping site are assumed to have accepted the following terms:

The web pages on our site and all pages connected to it (‘https://www.kidsandtales.com/’) belong to and are operated by the Orka Promosyon Oyuncak Ltd. Şti. company at the address Kayabaşı Mah. Ulubatlı Hasan Cad. No:2-0 Girişkaya Şehir Sit. C7 Blok D:3, 34494 Başakşehir/İstanbul. You (‘User’) accept that you are subject to the following terms while using all the services offered on the site, and by benefiting from and continuing to use the service on the site; You are deemed to have the right, authority and legal capacity to sign a contract according to the laws you are subject to and are over the age of 18, that you have read, understood and are bound by the terms written in the contract.

This contract is indefinite and imposes rights and obligations on the parties regarding the site that is the subject of the contract, and when the parties accept/approve this contract online or in writing, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, correctly, on time, and within the conditions requested in this contract.

1. RESPONSIBILITIES

1. The company always reserves the right to make changes to prices and the products and services offered.

2. The company accepts and undertakes that the member will benefit from the services that are the subject of the contract, except for technical malfunctions.

3. The user accepts in advance that he/she will not reverse engineer the use of the site or take any other action aimed at finding or obtaining the source code of these, otherwise he/she will be responsible for the damages that may arise in the presence of 3rd parties, and that legal and criminal proceedings will be taken against him/her.

4. The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete and incorrect information provided while becoming a member of the site, and that in the event of incorrect information provided and in the event of a breach of this agreement by the Member, the Company may unilaterally terminate his/her membership without the need for any notice or warning.

5. Certain information may be collected by the Company for the purpose of improving and developing the website and/or within the framework of legal regulations, such as the name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time the site was accessed, the pages accessed while on the site, and the Internet address of the Web site that provides direct connection to the site. The User accepts the collection of this information.

6. The user agrees that he/she will not produce or share content that is against general morality and etiquette, unlawful, violating the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, violating copyrights, encouraging illegal activities in his/her activities within the site, in any section of the site or in his/her communications. Otherwise, he/she is fully responsible for the damage that will occur and in this case, the ‘Site’ authorities may suspend, terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, if the judicial authorities request information regarding the activity or user accounts, the court reserves the right to share this information with the authorities.

7. The relationships of the members of the site with each other or third parties are under their own responsibility.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the said intellectual property rights.

2.2. The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for the amount of compensation requested from the company for the damages suffered by third parties and all other liabilities, including but not limited to court costs and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The company will not disclose personal information provided by users via the site to third parties. This personal information includes all kinds of information intended to identify the User, such as the person's name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' in short.

3.2. The user accepts and declares that the company that owns the Site will share his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, and that he/she will receive electronic messages in this context for himself/herself or its affiliates, limited to its use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement, etc. This personal information may be used within the company to determine customer profiles, to offer promotions and campaigns appropriate to the customer profile, and to conduct statistical studies.

3.3. The user has the right to cancel the approval given under this agreement without any justification. The company will process the cancellation immediately and refrain from receiving electronic messages from the user within 3 (three) business days.

3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.

4. NO WARRANTY:

THIS AGREEMENT CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES ARE PROVIDED BY THE COMPANY ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE COMPANY DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

5. REGISTRATION AND SECURITY

The User must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the account may be closed without informing the User.

The User is responsible for the password and account security on the site and third-party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices that may occur.

6. FORCE MAJEURE

If the obligations arising from the contract become impossible for the parties due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil commotions, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

7. INTEGRITY AND APPLICABILITY OF THE AGREEMENT

If one of the terms of this agreement becomes partially or completely invalid, the rest of the agreement shall remain valid

8. CHANGES TO BE MADE IN THE AGREEMENT

The Company may change the services offered on the site and the terms of this agreement partially or completely at any time. The changes shall be valid from the date they are published on the site. It is the responsibility of the User to follow the changes. The User shall be deemed to have accepted these changes by continuing to benefit from the services offered.

9. NOTIFICATION

All notifications to be sent to the parties regarding this Agreement shall be made through the Company's known e-mail address and the e-mail address specified by the User in the membership form. The User accepts that the address specified when becoming a member is the valid notification address, that it shall notify the other party in writing within 5 days in case of any change, and that otherwise the notifications to be made to this address shall be deemed valid.

10. EVIDENCE AGREEMENT

In any disputes that may arise between the Parties regarding the transactions related to this agreement, the Parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.

11. RESOLUTION OF DISPUTES
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes that may arise from the implementation or interpretation of this Agreement.







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