Arimars Teknoloji Çözümleri A.Ş. (Tax ID:0790659880)
Address: Maslak mah. A.O.S. 55. Sok. No:2 42 Maslak A BLOK D:237 / A0913 Sarıyer İstanbul
E-mail address: email@example.com
Developer : The company that prepared the application
User: Every real and legal person (s) accessing the application online ;
Application NextAR Mobile Application, which can be accessed from the online environment where various services and content are offered within the framework determined by ARIMARS
3. PURPOSE AND SUBJECT
This Agreement regulates the terms of using the services offered in the application, all developments and changes in the application that may be made by ARİMARS, the rules that the Users are subject to while using the application, and the rights and obligations of the parties.
4. RIGHTS AND OBLIGATIONS OF ARİMARS TEKNOLOJİ ÇÖZÜMLERİ A.Ş.
4.1. ARİMARS shall exercise due diligence and sensitivity to publish quality and useful content.
4.2. ARİMARS shall not make any commitment that the content in the application in question will meet the expectations of the Users, will be useful to the Users and/or will contain correct information. Herewith, ARİMARS shall not assume any responsibility for any adverse condition that may occur, arise or indirectly affect due to the application. The User shall absolutely accept this situation.
4.4. All kinds of intellectual and industrial property rights of all software products included in the application named NextAR, including but not limited to text, articles, photographs, pictures, documents, animations, videos and all products belong exclusively to ARİMARS and/or to the relevant persons permitted by ARİMARS. All these products and contents shall not be used without the written consent of ARİMARS. Copying, reproduction, uninformed and unauthorized use and distribution of these products and contents for any purpose are prohibited. In addition, photographs, video images, animations, texts and other written and visual materials published in the application shall not be published, copied, reproduced or distributed in any other mobile application and/or other media, and no additions, deletions or any other changes shall be made to its content, either partially or completely, by any technological method, without receiving permission from ARİMARS. Regarding the aforementioned rights, the User shall not go beyond the permitted scope and use contrary to the legislation and morality under no circumstances.
4.5. In the application named NextAR, the links given to other websites and/or applications are only for the purpose of providing reference to the Users, and ARİMARS has no association with the content offered on the relevant websites and/or applications. The User shall accept and undertake that by accessing the relevant websites and/or applications via these links, he/she will leave the legal liability domain of ARİMARS and will not stake any claim against ARİMARS due to the damage that may be incurred by clicking these links and accessing any website and/or application .
4.6. ARİMARS is entitled to make any amendments to this Agreement and the application named NextAR at any time when it deems necessary. Said amendments shall become effective immediately on the date the amended agreement is put into effect. Continued access to the application or the continued use of the application by the User shall mean that the User have absolutely accepted the amended Agreement.
4.7. ARİMARS shall take all kinds of technological measures taken by similar organizations in order to prevent any data uploaded by the User to the NextAR application from being seized by malicious third parties. However, ARİMARS shall not be held responsible for the seizure of data uploaded to the site by malicious third parties, despite all the necessary precautions taken. In this case, the User shall hereby accept and undertake that he/she will not stake a claim against ARİMARS.
4.8. Users are solely responsible for the security and storage of the information (User name, password, etc.) given to the users to access the application they use in order to benefit from the services / services offered by NextAR, as well as keeping them away from the knowledge and use of third parties. ARİMARS shall not have any direct or indirect responsibility for the damages that the users and/or third parties have suffered or may suffer in the future due to all their negligence and faults regarding security, storage, use by third parties and other similar issues.
4.9. Once the User clicks the “I accept” button in the agreements included in the application, these agreements enter into force indefinitely between the parties and when the User is deemed to have accepted the terms of the agreement, all statements made by the company regarding the use, Usership and services within the application and that he/she will act in accordance with these statements.
4.10. ARİMARS has the right to immediately terminate this User Agreement at any time without any prior notice and without any justification. The User irrevocably accepts and declares that ARİMARS has this termination right.
4.11. The User may cancel his/her Usership from the Usership settings section of the application. With the cancellation of the Usership, the nickname used by the User becomes available and selectable to other Users. Some records of the canceled Usership (messages, information provided on the profile, etc.) shall be kept in the database of the websites for 30 days for security reasons. All records regarding the canceled Usership shall be deleted from the database at the end of this period.
4.12. The information provided by the User during the Usership registration procedures, User profiles and photos, promotional films, pictures, articles and similar things added to the User’s profile may be used for advertising and marketing of websites.
4.13. ARİMARS reserves the right to make changes in the Usership agreement without notifying Users.
4.14. ARİMARS may turn the services that do not require Usership into a state that requires Usership in due course. ARİMARS may open additional services, modify some or all of its services, or convert them into paid services.
5. RIGHTS AND OBLIGATIONS OF USERS
5.1. Once the User clicks the “I accept” button in the relevant agreements included in the application, these agreements enter into force indefinitely between the parties and when the User is deemed to have accepted the terms of the agreement, all statements made by the company regarding the use, Usership and services within the application and that he/she will act in accordance with these statements.
5.2. Although it is not recommended for those under the age of 18 to use the application subject to this Agreement, those under the age of 18 shall use the application under adult supervision.
5.3. ARIMARS shall have the right to immediately terminate the User Agreement and take legal action, in the event that the User exhibits a behavior or act, including but not limited to the ones stated as an example, against the current legislation or public morality and good manners, and disturbing the society or other Users during the use of the NextAR application. In this case, the User shall claim any compensation, and further to that, the User accepts that ARİMARS has the right to remove and delete any information that the User has uploaded to the NextAR application and that it has no obligation to return this data.
5.4. The User shall be deemed to have accepted the terms in this Agreement by accepting this Agreement and starting to utilize the services provided in the NextAR application. The User shall not thereafter claim that these rules are unexpected or unacceptable.
5.5. The User acknowledges and undertakes that the information and content provided are correct and lawful and that in cases where such information is required (such as forgetting a password), the User shall be liable for any damages arising from incorrect or incomplete information and that his/her Usership may be terminated in such cases, that the address included in this information is the valid notification address, and that if he/she does not notify ARİMARS of the change in the address, the notifications to be sent to this address will be deemed valid whether or not they have been served.
5.6. The User acknowledges and undertakes that the content, services and copyrights offered by ARİMARS in the application belong to ARIMARS, and that he/she shall not reproduce, distribute, publish or market these services without permission in any way.
5.7. The User acknowledges and undertakes that he/she assumes all responsibility and risk arising from the use of the Site.
5.8. The User acknowledges and undertakes that he/she shall be personally responsible for all kinds of transactions that will be made using the password he/she has determined and under his/her own Username.
5.9. While using the Site, the User acknowledges and undertakes that he/she shall comply with the Turkish Penal Code, the Turkish Commercial Code, the Law of Obligations, the Law on Intellectual and Artistic Works, the Statutory Decrees and legal regulations on the Protection of Trademark and Patent Rights, all kinds of legislation provisions currently in force and the legislation that will come into force in the future and the notifications to be published by ARIMARS regarding the Application.
5.10. The User acknowledges and undertakes that in line with the preferences to be determined in the privacy and security settings area presented under the heading of settings, any information and data that the User will allow to be seen and accessed by other Users can be accessed by other Users and that he/she may suffer damages for this reason, that he/she has made these settings knowing all the risks and hence he/she shall not hold ARIMARS responsible for any damages that may arise.
5.11. The User acknowledges, declares and undertakes that this Agreement is the only agreement prepared for the use of the NextAR application other than the agreements regarding support, project creation and similar works that require additional agreements, and that by starting to use these sites he/she has accepted this agreement and has tacitly agreed to enter into a valid contractual relationship, thereafter, he/she shall not claim that this agreement is invalid on the basis that it has been concluded electronically, that this agreement is in the nature of standardized terms in the sense accepted in the doctrine and hence, these terms are valid even if the declaration of acceptance of the agreement is not clear.
5.12. The User acknowledges that ARİMARS does not have any supervision obligation and responsibility regarding the compliance of the content that he/she creates through the application with the Legislation and the User acknowledges, declares and undertakes that he/she shall assume all forms of responsibility in this matter. Within this context, while creating content through the application, the User acknowledges, declares and undertakes;
• not to use the services in any other way, such as decompiling, disassembling, reverse engineering, copying, transferring or otherwise, except as permitted by this Agreement,
• not to encourage, advocate or assist any illegal activity,
• not to violate the legal rights of third parties or institutions, not to include any element that is contrary to the current legislation and that may cause any legal or criminal liability, and not to contain any expressions that may conflict with this Agreement,
• not to contain any material or elements that are pornographic, threatening, harassing, libelous, hate-oriented, harmful, defamatory, racist or illegal,
• not to include materials or elements that promote, provide or relate to information about illegal activities, or promote physical harm to any person or group,
• not to provide or promote the transmission of any element that may infringe the intellectual property or other rights of third parties, including any trademark, copyright, patent or publicity right,
• not to use the Application in a way that interrupts, suspend, slow down or prevent the continuity of the Application, not to attempt to intrude ARIMARS servers without permission, and not to impose a disproportionate load on the infrastructure of the services,
• not to use the Application out of its purpose.
5.13. By accepting this Agreement and using the Application, the User acknowledges and undertakes to immediately inform ARİMARS of any legal complaint, claim or action regarding the content uploaded by himself/herself.
5.14. The User irrevocably acknowledges, declares and undertakes that this application can be made available by ARIMARS for a fee at any time, and that the right to use it for free beforehand shall not constitute an acquired right.
6.1. The copyright of all kinds of questions, shared answers, services and software in this application belongs to ARIMARS itself and/or to those displayed next to them. Users shall not reproduce and distribute them by any means without the prior written consent of ARIMARS.
6.2. Goods, service brands and logos of any nature appearing in this application belong to their owners and shall not be used without their prior written consent.
6.3. In addition to the services offered by ARİMARS itself in the Application, the exercise of the rights of the names and financial rights defined in the provisions of the Article 21-25 of the Law on Intellectual and Artistic Works regarding all visual and written content used in the Application are exclusively owned by ARİMARS and the relevant persons whom it allows to use the rights displayed next to them, without being subject to any royalties and any location, number and time constraint. Regarding the aforementioned rights, the User shall not go beyond the permitted scope and use contrary to the legislation and morality under no circumstances.
7. TERMINATION OF THE AGREEMENT
7.1. ARIMARS may terminate the User’s right to benefit from the application at any time, immediately and unilaterally, without the need for any further warning or notification.
7.2. The User acknowledges, declares and undertakes that in the event that the User breaches one or more of the articles listed under the framework of this Agreement, he/she is personally responsible for this violation in criminal and legal terms and ARİMARS has the right of recourse for all kinds of compensation and/or administrative/judicial fines that ARİMARS has to pay to third parties and/or public institutions and organizations under any name due to his/her wrongful act, and in case of recourse, these fees shall be fully paid in cash upon first request.
7.3. If the User is registered, he/she may terminate his/her Usership at any time and without stating a reason. Termination notice may be made via e-mail. In the termination notice, the username and an e-mail address registered in the NextAR application shall be specified.
7.4. ARIMARS may immediately terminate the Usership of the User in the following cases, including but not limited to, as a result of any actions of the User that will damage ARIMARS and put it in a difficult situation:
a) User’s failure to comply with legislation,
b) User’s violation of contractual obligations,
c) The image of the services rendered in the NextAR application is significantly affected in a negative way due to the presence of the User (for instance, after registration it is revealed that the User has been sentenced for an intentional crime),
d) Promotion of organizations, individuals, foundations, associations or communities monitored by security forces or judicial bodies, or their methods or activities by the User,
e) User’s damage to one or more Users or
f) Membership of the User to an illegal organization, sect or controversial community in Turkey.
7.5. Apart from the above-mentioned cases, ARİMARS may impose the following sanctions against the User independent of the termination right in the presence of an important reason:
a) Deletion of the User’s content,
b) Right of warning and commencing legal proceedings,
c) Preventing access to the services of NextAR application.
8. PRINCIPLE OF CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
8.1. ARIMARS is aware of the fact that it is very important for the Users to use all the information they have transferred to NextAR regarding their personalities with a special sensitivity. Thus, ARİMARS is committed to complying with all relevant data protection legislation. ARİMARS shall not give information about users especially to unauthorized third parties or notify third parties about it.
8.2. ARIMARS shall take all kinds of precautions taken by similar businesses and to the best of its ability to protect any data delivered to it by Users. Despite all these measures, the User acknowledges and undertakes that he/she shall not claim any compensation from ARİMARS in case the data is seized by malicious persons.
8.3. ARIMARS keeps the data of its Users in accordance with the law numbered 5651 and all the data that must be kept under other legislation that is in force or will come into force in the future and is obliged to deliver it to relevant authorities upon the request of these authorities. The User acknowledges and undertakes that he/she shall not claim that the privacy of his/her communication or his/her other rights are violated due to this data kept by the reason of legal obligation. ARİMARS undertakes to exercise due diligence in the storage and disposal of these data.
8.4. Parties acknowledge and undertake not to disclose any confidential information they will learn about each other within the scope of the execution of this Agreement to third parties, unless there is a legal obligation, to take all possible measures to ensure that the assistants they employ comply with this provision, and not to make any statements against each other and their accountable persons during the period that this Agreement is in force and for at least 5 (five) years after its termination. Neither party shall use the other party’s trademarks or titles in any promotion or publication without the prior written consent of the other party.
8.5. The User acknowledges and declares that he/she expressly consents to the processing of his/her personal data such as name, surname, e-mail address, telephone number (“Personal Data/s”) that he/she has shared with the data controller ARİMARS by approving the User Agreement while becoming the User of the Application and during his/her movements within the website and/or the application after the Usership within the framework of the Protection of Personal Data and to be transferred to third parties and abroad.
8.6. The processing and transfer of Personal Data to third parties and abroad is based on the legal relationship established between the User and ARİMARS. Personal Data may be processed by ARİMARS and its affiliates and business partners with whom NextAR and its affiliates have a contractual relationship within the scope of this contractual relationship, for marketing, analysis, and statistics purposes or transferred to third parties and abroad or used by anonymization.
8.7. The User acknowledges, declares and undertakes that he/she shall not process and transfer the personal data that he/she obtains while using the application in her capacity as User in violation of the Agreement and the Law on Protection of Personal Data No.6698.
9. LEGAL OBLIGATIONS
Transactions arising from all legal changes that may take place outside the scope of this Agreement shall be excluded from the responsibility of ARIMARS and are exactly reflected in the Agreement.
10. DISPUTE RESOLUTION
10.1. The User acknowledges, declares and undertakes that, in conflicts arising from this Agreement, ARİMAR’s official books and commercial records, the electronic and computer records kept in electronic environment are binding, precise and exclusive evidence under the Law on Civil Procedure and this article is in the nature of evidential contract.
10.2. If any provision of this Agreement is deemed to be invalid, canceled or otherwise become unenforceable, the validity of the other provisions of the Agreement shall not be affected thereby. The parties agree that the abolished provision shall be deemed to have been replaced by a provision that will not be eliminated due to invalidity or annultability and that will result in the closest economically to the abolished provision.
10.3. This Agreement shall be interpreted and implemented in accordance with the laws of Republic of Turkey. For settling the disputes that may arise from interpretation and implementation of hereby Agreement, ISTANBUL ANATOLIAN Courts and Executive Offices will be authorized.
The addresses of the parties stated in the preliminary part of this Agreement and the Users have specified while registering are the addresses of legal notifications and unless the address changes are notified to the other party in writing, the notices made to these existing addresses shall be deemed valid.
The User hereby acknowledges, declares and undertakes that he/she has read, understood and accepted all of the articles of this Agreement and that he/she shall be deemed to have accepted the terms specified in this Agreement from the moment he/she accepts or confirms the registration, and that he/she confirms the accuracy of the information given about himself/herself.
This document updated on 24.10.2020 .