ARTICLE 1- PARTIES
This agreement has been entered into force by mutual acceptance by “SVC Photography Alpha Inc.” residing at “199 Goodwin Drive, Guelph Ontario Canada N1L 0C7” and the User benefiting from the websites at the URL “Babiesandphotographers.com” and “members.babiesandphotographers.com”. This agreement is between the User (hereinafter referred to as the “USER”), who registers in the system to access all kinds of paid/free, audio/video content offered on “Babiesandphotographers.com” and “members.babiesandphotographers.com”, to create content, to participate in competitions, to become a member of the User’s website. will come into effect.
ARTICLE 2 – DEFINITIONS
2.1. Site: “Babiesandphotographers.com” and “members.babiesandphotographers.com” refer to the website located at the URL addresses.
2.2. User: Refers to the people who benefit from the services offered on the site within the conditions specified in this contract.
2.3. Agreement: Indicates this User Agreement.
2.4. Company; Indicates “SVC Photography Alpha Inc.”, resident at “199 Goodwin Drive, Guelph Ontario Canada N1L 0C7” and the legal owner of the site.
ARTICLE 3 – SUBJECT AND SCOPE
3.1. The subject of this contract; consists of determining the terms of benefiting from all goods, services and content available on the Site for the user and to be offered by the Company in the future, as well as the rights and obligations of the parties.
3.2. By accepting the terms of this contract, the user also accepts the use of the goods and services on the Site within the specified conditions, membership and any future changes to the Site, all kinds of statements made later by the Company and all contractual provisions. The user accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
4.2. The User accepts and declares that he is informed about the nature of the content subject to sale and payment method and all other matters in accordance with the Regulation on Distance Contracts, that he has been informed beforehand and that this Agreement is binding.
4.3. The User accepts that the Company is not responsible for any transaction or action arising from mutual communication with other users through the Site.
4.4. The Company may at any time unilaterally terminate this agreement and terminate the User’s use of this Site, without giving any justification, without giving any notice and without any obligation to pay any compensation, and with immediate effect.
ARTICLE 5 – MUTUAL RIGHTS AND OBLIGATIONS
5.1. User Obligations:
a) The User accepts that he will act in accordance with all the terms and conditions in this Agreement and all applicable legal regulations while using the Site while performing the user procedures and that he has read, understood and approved all the terms and rules set forth in this Agreement.
b) In cases where the Company is obliged to make a statement to domestic and foreign official authorities due to legal regulations, the User will be authorized to disclose the information of the Users obtained within the Site to the official authorities, if this information is requested by the official authorities. accepts that no compensation can be claimed under any circumstances.
c) The User declares that he/she will be authorized to disclose the commercial information of the User to domestic and foreign business partners with whom the Company has entered into an agreement in order to fulfill its obligations under this Agreement and for this purpose and that he accepts this matter, accepts that no compensation can be claimed under any circumstances.
d) The User is obliged to keep the System Access Tools (such as username and password) used to access the Site confidential. The right to use the System Access Tools belongs exclusively to the User. The user will not disclose this information to third parties. The User is fully responsible for the consequences of the use of the System Access Tools by a third party.
e) The user accepts that this application belongs to the Company and is operated by it. The content of the site is protected in accordance with Intellectual and Industrial rights. The User agrees not to reproduce, copy, distribute or process the photos, texts, audiovisual images, video clips, files, databases, educational content and catalogs on the Site, which may constitute an infringement on the real or personal rights and property of the Company or any other third party. and commits.
f) The User accepts and undertakes that he will not benefit from the benefits. The company has the right to change the paid membership fee at any time. Membership fees are non-refundable when annual members cancel their membership. If the user cancels his/her membership for any reason by the Site, the Site receives 40 dollars from the User as operation and hosting expenses. For the remaining months of the annual membership, it will refund the amount of the remaining month.
g) The user cannot use the content on the Site other than for personal use, forward or transfer it to third parties and institutions. In the event that unauthorized use is detected or suspected by the Company, the services provided under this Agreement may be stopped immediately and this Agreement may be terminated unilaterally without any notice. In this case, the Company reserves the right to demand compensation for its losses and other legal rights. The rights subject to this contract cannot be made the subject of commercial purposes by the User under any circumstances.
h) In response to the rights granted under the Agreements, the User allows us to use the device’s processor, bandwidth and storage hardware, and to present advertisements and other information in order to facilitate the operation of the Site.
i) The user clearly states that he will ensure that all the messages he publishes within the Site and the statements written in his profile for promotional purposes comply with the following requirements: Not violating the intellectual property rights of third parties, Not containing any computer viruses that may pause, destroy or affect the Site functions, crime or criminal not praising their behavior or containing illegal or threatening messages or messages that are against public order and morality, racist, hateful, obscene, interfere with the right to privacy or encourage disrespect for people’s reputation; not incite violence, crime, suicide, or hatred of religion, race, gender, sexual orientation, or ethnicity; not to harass other Users; not support or encourage any criminal act or attempt; not requesting or providing passwords or personal information for commercial or illegal purposes; Not forwarding e-mail chains, unsolicited bulk e-mails, instant messages, advertising messages and spam messages; It accepts and undertakes not to include advertisements or propaganda in order to offer products or services on the site and not to violate any rights similar to written reasons.
5.2. Rights and Obligations of the Company
a) The Company reserves the right to unilaterally change any content presented on the Site at any time, to close and delete the information and content uploaded by the User to the system, to third parties, including the User. The Company may use this right without any notice or preemption.
b) The Company may use the User Information on the Site in any way it wishes, for User security, the performance of its own obligations and for some statistical evaluations and internal audits or for advertising or promotion as demographic information, classify and store them on a database, other than the services it provides on the Site. .
d) The Company does not give any guarantee that the services it provides within the scope of the Site will be constantly active and accessible. The Company, especially domestic and foreign jurisdictions and other competent official decisions and practices, force majeure, situations caused by third parties, disruptions and delays caused by internet connection service providers and similar external factors, misuse, technical failures that may arise from the Company. and other malfunctions, repair work or other guidance as a result of disruptions does not accept any responsibility.
e) The Company reserves the right to change the Site, domain name, appearance, content and contents of the Site at any time.
ARTICLE 6- PRIVACY
The Company may use information about Users outside the scope of this Agreement, within the scope of the “Confidentiality Agreement”, which is an integral part of the User Agreement and included in the ANNEX-1 section of this Agreement. The Company may disclose or use the confidential information of Users to third parties outside the scope of this Agreement, but within the conditions specified in the “Privacy Agreement”.
ARTICLE 7- PROTECTION OF PERSONAL DATA
a) The Company records non-specific personal data such as name, surname, date of birth, address, telephone number, e-mail address through the application in order to provide better service to the User. The company also saves data such as social media address, portfolio information that users write on their user profiles to promote themselves.
b) The user accepts and declares that he has read this agreement and the Confidentiality Agreement and fulfills the disclosure obligation of the Company arising from the Law on the Protection of Personal Data. By accepting this agreement, the user is deemed to have authorized the processing, transfer and storage of his personal data.
c) Company; It accepts and undertakes that it will process, transfer and store the personal data of the User, limited to the scope and purpose of this Agreement. The Company may use the personal data transferred to it within the scope of this Agreement for the purpose of providing the products and services correctly and to respond to consumer questions via e-mail, mail or telephone. The Company may use the personal data transferred by the User to him/her by e-mail, mail or telephone for communication purposes within legal limitations for marketing activities and similar purposes.
d) The Company may transfer User information to third parties. Regarding the transfer of user data, the procedures and principles in the “Personal Data Protection and Processing Policy” are applied. Personal data shared with third parties are for the purpose of providing products and services and increasing service quality. Exceptional rights stipulated in KVKK are reserved.
e) The User has the right to access his personal data without being charged a fee. The User, by contacting the Company; It may request its rights arising from the Law on the Protection of Personal Data No. 6698. The Company will reply to the User within a reasonable time.
f) Within the scope of the Personal Data Protection and Processing Policy, the processing and transfer of personal data and the path to be followed by the User regarding personal data requests are explained in detail.
ARTICLE 8 – INTELLECTUAL PROPERTY RIGHTS
Technical data of the Site (general view, design, text, image, logo, icon, written, electronic, graphic or machine-readable form, any audio-visual content, BABIES & PHOTOGRAPHERS brand, applied business method and business model, software code) and other codes) are used under the copyright of the Company or obtained by the Company from a third party. All these elements of the Company, which are protected within the scope of intellectual and industrial rights, cannot be changed, copied, reproduced, translated into another language, republished, resold, shared, distributed, exhibited, used outside the scope of the User Agreement, or derived from them, without prior permission and reference. studies cannot be done or prepared.
ARTICLE 9- TERMINATION OF THE AGREEMENT
9.1. The Company may, with its full and unilateral decision, stop offering the content on the site subject to this Agreement to its members and terminate the service provision. In this case, the User will not claim any right or price from the Company under any name.
9.2. If the User wishes to terminate this Agreement, he may delete his membership through the Site or terminate his membership by giving written notice to the Site. When the user unilaterally terminates his membership, he may request the deletion, destruction or anonymization of his personal data provided under this Agreement.
9.3. This User Agreement will remain in effect as long as the User is a member of the Site and will continue to have provisions and consequences between the parties.
9.4. Unless the user cancels his membership in accordance with the provisions of this agreement, his paid membership is automatically renewed for exactly the same period as the first term, unless he uses a one-time payment method. Therefore, if the member chooses a monthly subscription, such subscription will be automatically renewed each month.
ARTICLE 10- EFFECTIVENESS
This Agreement will enter into force as soon as it is read and accepted by the User and will remain in effect until terminated by either Party.
APPENDIX: PRIVACY AGREEMENT