Subscription Agreement
PARTIES
This Subscription Agreement (the “Agreement”) which consists of explanations regarding the use of services within the application, and Annexes of this Agreement (ANNEX-1 Privacy Policy) is mutually accepted and entered into force between; Emozo Mimarlık Ve Yazılım Hizm. Tic. Ltd. Şti. with registered office at, Cevizli Mah.Kırıkkale Sk. Dap Adam Kule Apt.No:9/11 Kartal/İstanbul (“EMOZO”), and "Member" who electronically approves being a member of the "Math Genius: Online Brain Game" application.
2. DEFINITIONS
"Application": Math Genius: Online Brain Game.
"User": Any natural person accessing the “Application” online.
"Member": Real persons who are members of the "Math Genius: Online Brain Game" application and benefit from the services provided within the "Application" within the conditions specified in this contract.
“Membership”: It is the process that is completed by the "User" who wants to become a "Member" from the relevant section of the "Application", by filling out the required; membership form, providing the identity information, confirming the accuracy of the identity information, registering by paying the fee if the service desired to be used in the membership form is a paid and approving the registration by "EMOZO". Before the membership process is completed, has no entitled to become a "Member" defined in this agreement.
“Math Genius: Online Brain Game Membership Account”: It means that; the “Member” carries out the necessary business and transactions to benefit from the services offered in the “Application”, Requests "Math Genius: Online Brain Game" on membership-related issues, shall update the membership information and view the reports about the services offered, Member's specific information accesed thhrough the "Application" with "username" and "password" by determined only him/herself and undertakes to be used exclusively by him/her.
“Math Genius: Online Brain Game Service Packs (“Service”): It means of the applications put forward by "EMOZO" in order to enable the "Member" within the "Application" to perform the works and transactions defined in this contract. “EMOZO" may make changes and/or adaptations to its “Services” at any time in order to enable the “Member” to perform the works and transactions defined in this contract more effectively within the "Application". If the rules and conditions has any changes and/or adaptations which made by "EMOZO”, these innovationas are announced to the “Member” from the “Application” where there are explanations about the use of the relevant Service by "Math Genius: Online Brain Game".
“Math Genius: Online Brain Game Database”: It is the database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works of the Republic of Turkey, which belongs to the "Math Genius: Online Brain Game", where the contents accessed within the "Application" are stored, classified, queried and accessed.
3. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this agreement is the determination of the services offered in the "Application", the terms of benefiting from these services and the rights and obligations of the parties. In all statements such as warnings, texts and explanations made by "EMOZO/Math Genius: Online Brain Game" regarding the usage, membership and services which in the contract, its annexes and the "Application" are within the scope. By accepting the terms of this agreement, the "User" becomes a "Member" by accepting all kinds of statements, which made by "EMOZO/Math Genius: Online Brain Game" regarding the use, membership and services included in the "Application". The “Member” accepts, declares and undertakes to act in accordance with all the matters stated in the aforementioned statements.
4.CONDITIONS OF MEMBERSHIP
4.1. In order to become a member of the "Application" within the scope of this agreement, it is necessary not to be temporarily suspended from membership or not be banned from membership indefinitely by "Math Genius: Online Brain Game".Even if the "Application" registration process has been completed, Membership Applications that do not meet these conditions will not be accepted.
4.2. This agreement shall be unilaterally terminate or temporarily suspend the membership of "Member" without giving any reason, notice compensation in any time by "EMOZO/ Math Genius: Online Brain Game". While not limited to these; Cases of violating the rules specified in the "Application" or posing a risk to the information security system of the "Math Genius: Online Brain Game" are also among the cases where Math Genius: Online Brain Game will decide to terminate the membership or temporarily suspend the membership.
5. CONTRACTUAL RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. Rights an Obligations of “Member”
5.1.1. The "Member" acknowladge that he/she will act in accordance with the rules / statements specified in the "Application" and all applicable legislation.
5.2. In cases where EMOZO is obliged to make a statement to the official authorities in accordance with the provisions of the current legislation that; the “Member” accepts and undertakes that "EMOZO" will be authorized to disclose confidential/private/commercial information of the Member to the official authorities and therefore no compensation can be claimed from "EMOZO" under any name.
5.1.3. It is the sole responsibility of the "Members" to ensure the security of the "username" and "password" they use to log in to their "Math Genius: Online Brain Game Membership Account" in order to benefit from the services offered by the " Math Genius: Online Brain Game", also the "Member" has fully responsable to ensure that they are used exclusively and individually by themselves, and to keep them away from the information of third parties. "Members" are fully responsible to other Members, "EMOZO" and/or third parties, for the damages incurred or to be incurred from all their negligence and faults in matters such as; the security, storeaging, keeping away from the information from third parties and their exclusive and individual use of the "username" and "password".
5.1.4. The "Member" has no right to transfer partially or completely of this contrcat or its rights and obligations under this contract to any third party without the written consent of "EMOZO".
5.1.5. Those who benefit from the services offered by "Math Genius: Online Brain Game" and those who use the "Application" can only act on the "Application" for lawful purposes. The legal and criminal responsibility of the "Member" in every transaction and action performed within the "Application" belongs to him/her. Each "Member" accepts and undertakes that he/she not reproduce, copy, distribute, process in a way that would constitute an infringement of their real or personal rights and property of the Pictures, texts, audiovisual images, video clips, files, databases, catalogs and lists contained within the "Application". In addition, the "member"accepts and undertakes that he/she will not engage in any commercial activity by carrying out such actions and will not directly and/or indirectly engage in acts and transactions that constitute unfair competition. "Math Genius: Online Brain Game" due to the damages incurred or to be incurred by third parties due to the activities on the "Application" that the "Member" has performed in violation of the provisions of this contract and the law; cannot be held responsible directly and/or indirectly in any way.
5.1.6. The Member Profile created by 'Member' 'is displayed after' 'Emozo'. Personal contact informations (e-mail address, residence address, phone number, etc.) cannot be found on the member profile. "Emozo has the right to cancel the member profile, if it includes personal contact informations. The information which stayed on the member profile can be seen by all other members of 'Math Genius: Online Brain Game' and Member cannot request that this information is not displayed. Cancelling the membership is terminated the displaying information on the member profile.
5.1.7. '' Emozo '', always be able to change the services and contents and it reserves the right to close and delete the information, their content and members of the members to access third parties, including members. ''Emozo '' can use this right without any notice and without prior. Members have to fulfill of the demanded changes and / or corrections by "Emozo" as soon as possible. If it is necessary, "Emozo" can fix the demanded changes and / or corrections which requested by "Emozo". If the "Member" is not fixed the changes and / or correction requests due in the time, he/she acknowladge the fully responsible of the legal and criminal responsibilities.
5.1.8. The "Member" accept and approved that he/she will not place or forward any malicious codes and materials, such as viruses, Trojans, spy programs and Dialer programs; he/she will not use the Communication features of the "multi adam asmaca word Game" to restrict or destroy the resources to obtain other members with any method; no claimed advertising, promoted material, junk mail or spam, chain letters, commercial ideas and announcements or other format text, pictures, audio, graphics and other materials will not place or forward any materials.
5.1.9. The "Member" accept and approved that; "Math Genius: Online Brain Games" will not manipulate in a line with own purposes or undertakes or will not otherwise displaying, by using as framing or similar cruise technologies.
5.1.10. If the MEMBER uses the "Math Genius: Online Brain Game" in violation of the provisions of this contract, all responsibility belongs to him and he will be responsible for any damages and losses that may arise due to this reason and any lawsuits, damages or losses that may arise from third parties, "EMOZO" will never be a party or interlocutor in such cases, complaints and similar matters, In the event that 'EMOZO' is deemed to be a party in any lawsuit to be filed by third parties, and pays any compensation or undertakes any liability to third parties due to the breach of the contract provisions by the ''MEMBER'', all damages incurred by ''EMOZO'', especially the compensation paid, may recourse all kinds of damages to the "MEMBER" and Upon the request of "EMOZO", it irrevocably accepts, declares and undertakes to pay the compensation, damages and expenses paid to "EMOZO" unconditionally.
5.1.11. "EMOZO/Math Genius: Online Brain Game" does not accept any responsibility for the contents of these sites, as it is not under the obligation to control the contents of the source sites to which it gives "link" or "banner" promotion.
5.1.12. The member accepts, declares and undertakes that he/she cannot make any demands, if "EMOZO/Math Genius: Online Brain Game" cannot provide service due to technical malfunctions in internet networks or telecommunication systems, application, game, site maintenance, update works and similar.
5.1.13. The messages made by the "MEMBER" are stored by "EMOZO/Math Genius: Online Brain Game" for a maximum of one week and the messages are deleted starting from the oldest date.
5.1.14. The information provided by the "MEMBER" during the membership registration procedures, the member profiles and the photos added to the member's profile can be used to advertise and market the "Math Genius: Online Brain Game". "MEMBER" that adds a photo to the member profile can be viewed on the main page or in other areas of the "Math Genius: Online Brain Game". Fotoğraflarının reklam ve pazarlamada kullanılmasını istemeyen herhangi bir Üye, bu taleplerini info@emozo.com.tr adresine e-posta göndererek bildirirse, fotoğrafları reklam ve pazarlamada kullanılmayacaktır.
5.1.15. The "MEMBER" accepts and undertakes that he/she will not use illegal, public decency and amenities in the private messages which sends to other members through the "Math Genius: Online Brain Game". Private messages can be scanned with automatic programs or can be reviewed upon the complaint of the members who have sent the message. If deemed necessary as a result of this automatic scan or in the examination made after the complaint, the member's profile can be unpublished, the right to message can be restricted, completely blocked or the membership can be canceled completely.
5.1.16. "Math Genius: Online Brain Game Database" and the information contained in this database may not be copied, transferred to other databases and opened to third parties' access and use, except the written consent of "Math Genius: Online Brain Game" in whole or in part.
5.2. Rights and Obligations of "Math Genius: Online Brain Game"
5.2.1. "Math Genius: Online Brain Game" accepts and approves that, the services mentioned in this contract will comply with the explanations specified in the "Math Genius: Online Brain Game Membership Account" regarding the provision of related services and the conditions specified in this contract, in order to provide the services specified within the scope of this contract, it will provide the necessary technological infrastructure to establish and operate, without prejudice to the provisions determined by article 4 of this contract. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment; therfore "Math Genius: Online Brain Game" can always stop or terminate its services and technological infrastructure determined by this contract without any notice.
5.2.2. "Math Genius: Online Brain Game" always reserves the right of changing, disabling the access and deleting of the the services and contents offered in the "Application". "Math Genius: Online Brain Game" always reserves the right of changing, disabling the access and deleting of the the services and contents offered in the "Application". "Math Genius: Online Brain Game" can use this right without giving any notice and giving priority.
6. “Math Genius: Online Brain Game” SERVICES AND TERMS OF USE
"Math Genius: Online Brain Game" will provide "Services" to "Members" in the "Application", the scope of which is determined by this agreement and terms of use.
7. “Math Genius: Online Brain Game” VIP SERVİCES
If in addition to the basic "services" listed above, any fee is stipulated for the relevant service, The "Members" can benefit from the "VIP Services" only with paying the specified fee in the relevant parts of the "Application". "Members" accept and undertake to comply with the obligations within the framework of the explanations made in the relevant section of the "Application" regarding the services defined by "Math Genius: Online Brain Game" within the scope of this article and announced in the relevant section of the "Application".
8. PRICING
"EMOZO/Math Genius: Online Brain Game" will announce the "Service Packages" and "VIP Service" fees and payment terms specified under this contract in the relevant sections of the "Application". Effective dates of Changes to the "Service" fees is the announcing date of the changes and It will be valid until the end of the campaign, if there is a campaign related to the fee. Unless otherwise specified in the "Application", all fees to be charged for "Services" in the "Application" will be calculated and collected in Turkish Lira (TL). "EMOZO" can collect the services it charges within the "Application" in various ways (such as credit card, postal check, bank transfer, mobile payment, eft, etc.). These methods are specified in the explanations made in the relevant parts of the application. "Members" are obliged to pay their fees in accordance with the explanations herein. Since it is not possible to return or resell the service pack to others once the service pack starts to be used, the membership service packs purchased are not refundable. In the infrastructure for payments with credit card 3D Secure system is used.
The credit card to be paid through the system must belong to the "Member". "Member" full responsibility for payments made with credit cards belonging to non "Member"s.
9. PRIVACY POLICY
By filling out various forms on the Membership or "Application"; Users are required to provide some personal information about themselves (such as name-surname, company information, telephone, address or e-mail addresses) to "Math Genius: Online Brain Game". “Math Genius: Online Brain Game” has a right for the using "Members" information such as name-surname, telephone number, address, e-mail address, date of birth for the other than the purpose and scope determined by the Membership Agreement, such as sms, e-mail, on-site notifications and similar methods, for promotional and informative communication activities, marketing activities and statistical analysis or to contact the User when necessary. Personal data can also be transferred to companies in cooperation with "Math Genius: Online Brain Game" in order to conduct research, database creation and market research to improve the processes of "Math Genius: Online Brain Game" and they can be processed by these companies and available. "Math Genius: Online Brain Game" is approved by the members to transmit their personal data to real persons and/or legal entities with whom 'Math Genius: Online Brain Game' cooperates in order to conduct marketing research for the stated purposes and to improve their processes. "Math Genius: Online Brain Game" can use the information about "Members" in the "Application" within the scope of this agreement and the Privacy Policy, which is an integral part of this agreement and ANNEX-1 section of this agreement. "Math Genius: Online Brain Game" can disclose or use confidential information of "Members" to third parties only under the conditions specified in the Privacy Policy.
10. OTHER PROVISIONS
10.1. Intellectual Property Rights
The information accessed within this "Application" ( including but not limited to "Math Genius: Online Brain Game INTERFACE", design, text, image, html code and other codes) and all elements of this "Application" (hereinafter referred to as the works subject to its rights) belongs to "EMOZO" and/or have been taken under license from a third party by "EMOZO". The "Members" has no the rights to resell, process, share, distribute, display the "Math Genius: Online Brain Game" services, "Math Genius: Online Brain Game" information and "Math Genius: Online Brain Game"'s copyrighted works or allow anyone else to access or use the services of "Math Genius: Online Brain Game". The Members cannot reproduce, process, distribute, or make or prepare works derived from the copyrighted works of "Math Genius: Online Brain Game" except as expressly permitted by "EMOZO" within these "Application Terms of Use". 'EMOZO" reserves all its rights of the "Math Genius: Online Brain Game'' services, ''Math Genius: Online Brain Game'' information, ''Math Genius: Online Brain Game'' copyrighted works, ''Math Genius: Online Brain Game'' trademarks, ''Math Genius: Online Brain Game'' commercial view or other assets and information provided through this Application, In cases where "EMOZO" is not expressly authorized within the scope of these "Application Terms of Use".
10.2. Contract Changes
"EMOZO/Math Genius: Online Brain Game" may amend this agreement at any time it deems appropriate by declaring it in the "Application" at its sole discretion and unilaterally. The amended provisions of this contract will become valid on the date of their announcement, and the remaining provisions will remain in effect and continue to have their provisions and consequences. This contract cannot be changed by the unilateral declarations of the "Member".
10.3. Force Majeure
In all cases that are legally considered force majeure, "EMOZO" is not held liable for late or incomplete performance or non-performance of any of its acts determined by this contract. These and similar situations shall not be deemed as delay, incomplete performance or non-performance or default for "EMOZO", or no compensation can be claimed from "EMOZO" under any name. The term force majeure; including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outage and bad weather conditions, and It will be interpreted as unavoidable events that "EMOZO" could not prevent despite showing the necessary care.
10.4. Applicable Law and Authority
In case there is an element of foreignness in the implementation, interpretation and management of the legal relations arising under this contract, Turkish Law shall be applied, excluding the rules of conflict of laws. Istanbul Çağlayan Courts and Enforcement Offices are authorized in the settlement of any disputes arising or may arise due to this contract.
10.6. Validity of "EMOZO and Math Genius: Online Brain Game"’s Commercial Records
In disputes that may arise from this contract, the "Member"s accept and approve that Electronic and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by "EMOZO" in its own database and servers will constitute reliable, binding, conclusive and exclusive evidence, the "Member" cannot offer oath to "EMOZO" and "EMOZO"s authorized representatives.
the "Member" has authorized "EMOZO" and its authorized and this article is in the nature of an evidential contract within the meaning of Article 287 of the HUMK.
10.6. Validity
This Contract with annexes has been electronic approval by the "Member"and it shall enter into force by the date of electronic approval of the "Member".
10.7.LANGUAGE
This Contract has been written both in Turkish and English. The Turkish version shall be prevailing, valid and binding and in the event of any dispute Turkish version.
10.8. SEVERABILITY
In the event some of the clauses, provisions, terms or texts in this contract, its annexes, its related bonds or documents become invalid, non-binding, are , are to any laws or directives of official authorities or cannot be implemented, the other clauses, contract or annexes, documents or bonds related to the contract shall remain valid and in force. Even if the EMOZO does not exercise his rights arising from this contract, this shall not effect his right to exercise the same at any other time.
10.9. NOTIFICATION ADDRESS
As a long as no change is announced in writing, notifications sent to the e-mail addresses stated in “Application” shall be valid.