Terms of Service

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LİSTNİVO MEMBERSHIP AGREEMENT

1. PARTIES
   1. This Membership Agreement ("Agreement") is concluded between Listnivo Teknoloji ve Bilişim A.Ş. ("Listnivo") located at Muallı̇mköy Mah. Denı̇z Cad. Muallı̇mköy T.G.B. 1. Etap Sı̇tesı̇ 1.1.C1 Block No: 143/8 Interior Door No: Z01 Gebze / Kocaelı̇ and the person ("Member") whose name, surname and e-mail address are declared in the "Account Creation" field within the framework of the following terms and conditions and regulates the terms and conditions regarding the membership of the Member to the Platform.
   2. Within the scope of this Agreement, Listnivo and the Member will be referred to as "Party" separately and together as "Parties".
   3. Within the scope of this Agreement, the Member, who will benefit from the Platform, will become a member of the Platform and this Agreement will enter into force upon entering the e-mail, name, and surname information correctly and completely from the account creation section and marking the registration fields. The Member accepts that he/she is obliged to act in accordance with the regulations in the Agreement.
2. DEFINITIONS
   1. Platform: It refers to all virtual reality channels where all kinds of rights, especially all intellectual and industrial property rights, belong to Listnivo, mobile applications named Listnivo, mobile application software running on websites and mobile devices, and products and services created in connection with this software are offered.
   2. Member: Platform refers to the persons who benefit from the services offered by Listnivo within the conditions specified in this Agreement.
   3. Passwords: It refers to the information that is only in the Member's knowledge, such as username, e-mail address, password, code, passcode etc., which enables the Member to access the Portal and other Platform interfaces and areas. 
   4. Communication Channels: It refers to communication channels such as instant notification, e-mail, SMS, MMS, telephone notification.
   5. Portal: It refers to the special page named as My Profile within the Platform, where the Member logs in only by using Passwords, where he/she carries out transactions and operations related to mobile application membership.
3. SUBJECT OF THE AGREEMENT
   1. The subject of this Agreement; It is to determine the terms and conditions regarding the Member's use of services such as creating a profile, following the profiles created by other members, creating content, commenting on the created content, liking, saving and sharing the content through the Platform managed by Listnivo and to regulate the rights and obligations of the Member in this direction.
   2. Within the scope of this Agreement, the Member hereby acknowledges and agrees that this Agreement shall enter into force upon the creation of his/her membership and approval of this Agreement electronically and that he/she is obliged to act in accordance with the regulations contained in this Agreement and the rules published on the Platform.
   3. In the event that the Platform is visited without being a member; the terms and conditions stipulated for Members in this Agreement shall automatically apply to visitors to the extent applicable, and in such cases, the relevant provisions of this Agreement shall enter into force upon use of the Platform.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES   
   1. The membership of the person who provides the necessary information to become a member and applies for membership will be activated upon receipt and evaluation of the application by Listnivo and completion of the activation process transmitted to the Member, and upon activation, the Member will be able to use the Platform and create content on the Platform.
   2. The Member shall comply with this Agreement and the conditions that may be published on the Platform from time to time and the law, morality and decency, principles of honesty in all transactions to be carried out on the Platform, and shall not engage in any behavior that may prevent the functioning of the Platform by any means, and shall not engage in acts that infringe or threaten to infringe the rights of third parties. 
   3. The Member shall provide the information requested by Listnivo while becoming a member of the Platform and during its membership in a complete, accurate, compliant and up-to-date manner.
   4. The Member must have a suitable device and internet connection in order to benefit from the services offered through the Platform. Listnivo does not provide devices, internet connection and similar tools to the Member to benefit from the Platform.
   5. The Member agrees in advance that he/she has the necessary legal capacity and all kinds of authority to be a party to the Agreement, that he/she will continue to have such capacity during the term of the Agreement, and that he/she accepts all kinds of responsibility for the actions he/she will perform. The Member undertakes that his/her account on the Platform can only belong to him/her and that he/she will not operate any counterfeit/fake/third party account. 
   6. In case of any change in the information provided during the creation of membership or at other times to benefit from the Platform, the Member shall immediately update such information. Listnivo is not responsible for the failure to utilize the Platform in accordance with its purpose due to incomplete or untrue provision of this information or outdated. It is the Member's responsibility to complete the processes that Listnivo will establish to ensure the currency and accuracy of personal data. 
   7. The Member who is a member of the Platform is personally responsible for the use and management of all Passwords, including accounts, usernames and passwords that enable the use of the Platform. Every transaction performed with the account, username and password belonging to the Member shall be deemed to have been performed by the Member personally and the Member shall be solely responsible for any damages incurred by the Member and/or third parties due to the use, loss or change of such information by a person other than the Member. The Member shall immediately notify Listnivo if he/she is aware of any unauthorized use of his/her password or any other breach of security. The Member may not transfer his/her created accounts, username and password and membership profiles to another user under any terms and conditions or allow them to be used by third parties.
   8. It is strictly forbidden to copy the information and/or software used in the design, content and database creation of the Platform and/or to use it beyond the utilization of the Platform, to copy, distribute, process and otherwise use all kinds of pictures, texts, images, files, etc. within the Platform. In addition, the Member is strictly prohibited from (i) making any attempt that may threaten the security of the Platform, prevent the operation of the software belonging to the Platform or prevent other Members from benefiting from the Platform, (ii) imposing a disproportionate load on the Platform in a way that will give these results, unauthorized access to the information contained on the Platform and/or entered by others, copying, deleting, changing or making attempts in this direction; (iii) Taking actions that may threaten the general security of the Platform and / or harm the Platform, Listnivo and other members; (iv) Using or attempting to use software that will prevent the operation of the Platform and the software used, or disrupting the operation of any software, hardware and servers, causing disruption, reverse engineering, accessing source codes, organizing attacks, engaging or otherwise interfering, trying to access Listnivo's servers.
   9. The Member agrees that access to the Platform may be temporarily blocked for the implementation of maintenance, updates, improvements and other changes to the Platform.
   10. Listnivo reserves the right to unilaterally change, add to or renew this Agreement and other terms and conditions published on the Platform at any time without giving any reason and without any notice, and to reorganize the Platform, to change its subject, scope and content, to stop publication or use. Changes made by Listnivo on the Agreement and other terms and conditions shall enter into force on the date of publication on the Platform and the Member shall be deemed to have accepted the current conditions by continuing to use the Platform. The Member shall be personally and exclusively responsible for following the said documents regularly.
   11. All legal, administrative and criminal liability arising from the use of the Platform and the transactions carried out within the scope of the Platform as a Member belongs personally and exclusively to the Member. Listnivo cannot be held directly and/or indirectly responsible in any way for any damages suffered or may be suffered by third parties as a result of the Member's activities on the Platform and / or actions contrary to this Agreement and the law. Any claims from third parties in this context and any direct and indirect damages incurred by Listnivo due to the Member's failure to fulfill its obligations specified in the Agreement or the relevant legislation shall be recourse to the Member to be paid together with its accessories at the first request.
   12. The Member undertakes that if free entry areas are provided for other Members and / or Listnivo to view, such as areas for sharing comments, communicating with other Members or forwarding questions and complaints to Listnivo while using the Platform, the content shared within this scope will not include phrases containing special categories of personal data with the definition within the scope of the Law No. 6698 on the Protection of Personal Data and that it will not include phrases that contain criminal elements in such areas, carry content contrary to general morality and / or legislation, or violate the rights of third parties in any way.
   13. In the event that Listnivo suspects/detects that the Platform is being misused for a particular Member due to repeated complaints or other reasons, or if the Member makes any post that may cause outrage in the society, makes a post with political or sensitive content, or engages in behavior that jeopardizes the security of the Platform or negatively affects the experience of other members and/or violates this Agreement or legislation, Listnivo may suspend or prevent the Member from using the Platform at its sole discretion. The Member cannot have any claim from Listnivo for this reason. In addition, the Member accepts and undertakes to act in accordance with all provisions of this Agreement and to accept and undertake the Licensed Application End User License Agreement (“EULA”) which can be accessed at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. The Member also agrees and undertakes not to cause objectionable content or malicious behavior. Listnivo may unilaterally terminate the Agreement if the Member acts contrary to this article, the provisions of the Agreement and/or the EULA or fails to comply with these obligations. In this case, the Member agrees in advance that he / she cannot claim any rights or compensation. 
   14. Listnivo reserves the right to block the Member's account, temporarily suspend or close its use in case of misuse of the Platform, including the following situations. 

Fraudulent Activities:

• Creating a membership or updating existing information by submitting false information, documents or data.
• Performing transactions by using the identity or payment information of third parties without authorization.
• Attempts to obtain discounts or campaigns unfairly.
• Taking actions aimed at misleading Listnivo's or other users' systems (for example, making reviews or comments with fake accounts or producing fake content).

Illegal Transactions:

• Mediating the promotion, sale or provision of illegal products or services through the Platform.
• Using the Platform for illegal financial transactions.
• Activities for the illegal supply or distribution of digital goods or services (for example, sharing a bootleg version of a paid software on the Platform, sharing copyrighted digital content without permission, copying paid course content and sharing it on the Platform, providing links to bootleg digital products or producing content on the Platform that violates applicable legislation such as regulations on copyright and personal data protection, creating digital content (software, images, texts, videos, etc.) by violating the rights of others in this context, creating content that encourages illegal activities. ), sharing content that promotes illegal activities (for example, drug use, violence or sexual abuse content), producing content for the unlawful collection and sharing of personal data).

Unauthorized Use for Commercial Purposes:

• Using the Platform for commercial gain outside the limits specified in this Agreement.
• Unauthorized resale/configuration of the Platform or offering it as a commercial service to third parties.
• Misleading other users in order to advertise their own products or services.
• Performing transactions aimed at gaining profit by using automated systems (e.g. bots).

Violating the Rights of Other Members:

• Unlawfully collecting, storing or sharing personal data by violating the privacy of other users.
• Creating content or sending messages targeting other users in a way that causes insults, threat, harassment or discrimination.
• Acting in a way that prevents or restricts other members from using the Platform (e.g. spamming or cyber-attacks).
• Unlawfully obtaining or processing, copying, sharing the profiles of others.

Causing Damage to Technical Infrastructure:

• Directly attacking the Platform's servers, databases or other infrastructure components (e.g. DDoS attacks, unauthorized access).
• Installing malware, viruses or malicious code to disrupt the operation of the Platform.
• Attempting to compromise network security (e.g. unauthorized copying or modification of data).
• Use automated tools or software to overload systems (e.g. botnets).

Copyright Violations:

• Copying, sharing, reusing or distributing visual, written or technical contents offered on the Platform without authorization and/or unlawfully.
• Attempts to reverse engineer proprietary information regarding the design, software or operation of the Platform.
• Unauthorized/illegal use of Listnivo's trademarks, logos or other proprietary marks for commercial or personal gain.
• Sharing content or providing services in a way that violates the intellectual property rights of third parties.

1. Listnivo may suspend the Platform and/or this Agreement for a period of time or indefinitely or terminate the services offered at any time.
2. Listnivo will make notifications regarding this Agreement through the Platform or to the Member's contact address registered on the Platform on the date of notification. Listnivo is not responsible for any damages that may arise from the inaccuracy, invalidity, outdated or belonging to someone else of the contact address registered on the Platform.
3. LIMITATION OF LIABILITY
   1. The Member agrees that all rights of software, visuals and designs, writings, logos, graphics on the Platform belong to Listnivo. Listnivo provides the Platform "AS IS" and does not claim or undertake that the Platform is error-free, flawless, uninterrupted, perfect or that it will fully meet the Member's specific needs. To the extent permitted by the legislation, Listnivo shall be liable for all kinds of material, moral and financial damages such as direct or indirect damages, all kinds of loss of profit, loss of data, loss of business, loss of reputation, loss of expected savings, interruption of business, all kinds of material, moral and financial damages, compensation claims that may be made by a third party due to the Member's use, non-use or misuse of the Platform or failure to fulfill its commitments and obligations specified in the Agreement; all hardware, system software/other software and network related function and failures that may arise for this reason; communication network (network), internet connection, connection errors; all kinds of changes, updates and similar works to be carried out on the Platform; voltage fluctuations, battery and power outages, virus infection and similar environmental factors.
   2. Listnivo, as a result of breach of the Agreement, tort, negligence or other reasons, to the extent permitted by the legislation; does not accept any responsibility for error, negligence, deletion of data, loss, delay of transaction or communication, computer virus, communication error, unauthorized access to accounts, modification or use of accounts. It is accepted that entering the Platform or the linked sites, accessing the accounts of the Members in other social media or other media with the links provided through the Platform, using the Platform, and visiting the Platform, and any liability that may arise as a result of the Member's visit and use of the Platform, including court costs and other costs, are deemed to release Listnivo from all damages and claims.
   3. The Member shall be solely responsible for all kinds of information, links, ratings, comments and content shared on the Platform and any claims and damages arising in relation to this information shall be forwarded or recourse to the Member.
   4. Listnivo has the title of "hosting provider" as defined within the framework of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications, and the Member accepts and declares that Listnivo does not have any responsibility for the content. In this context, the Member accepts and declares that Listnivo has no responsibility to investigate the authenticity, originality, security, reliability, accuracy of any information shared through the Platform and belonging to the Members, to determine whether their sharing is in accordance with the law, and that Listnivo has no responsibility for any damages that may arise due to such information.
   5. The Member accepts that links may be provided to other websites and/or platforms, files or content that are not under the control of Listnivo through the Platform, that third-party services may be offered and that such links do not constitute any kind of statement or guarantee in order to support the website or the person who operates / provides the service or for the website or the information it contains. It accepts and declares that Listnivo has no responsibility for the platforms, websites, files and content, services or their content accessed through such links.
   6. The Member accepts and declares that access to and quality of the Platform and the content offered through the Platform is largely based on the quality of the service provided by the relevant internet service provider and that Listnivo does not have any responsibility for problems arising from the quality of the service in question, that the operation of the Platform is not free from defects and that it is aware that it may encounter technical failures or access barriers from time to time.
   7. The Member accepts, declares and undertakes that all transactions made from the Portal belonging to him/her are carried out exclusively and independently by him/her. The Member undertakes that the Communication Channels provided to Listnivo are only his/her own and only under his/her control and that he/she actively uses these Communication Channels. Otherwise, the Member shall be liable to compensate for any material and moral damages that Listnivo may incur due to the fact that the Communication Channels do not belong to the Member or that the Member does not actively use the Communication Channels.
   8. Member accepts that this Platform belongs to and is operated by Listnivo. Member/Users, all texts, writings, images, pictures, audio clips, videos, software, computer code, interfaces, all feedback, ratings, opinions and evaluations made by users, all trademarks, logos, all comments, ratings, opinions and evaluations on the Platform belonging to Listnivo or a third person or organization published on or accessible through the Platform, including but not limited to those listed herein; all text, writing, photograph, image, picture, audio clip, video, software, computer code, interface, all kinds of feedback, scoring, opinions and evaluations made by users, all kinds of information and data published on the Platform, including but not limited to all trademarks, logos, graphics and services on the Platform, Listnivo has the legal rights regulated by Law No. 5846 and/or Law No. 6769 regarding these materials, They agree that they may not be copied, modified, reproduced, published, sold or made available for use or interfered with without the express written permission of Listnivo or the relevant right holder person or organization.
   9. All Listniov logos, trademarks and corporate emblems published on the Platform are protected by Law No. 6769 and related legislation. Listnivo logos, especially Listnivo logos, and any markers belonging to Listnivo cannot be copied and used in any way, whether or not they are subject to legal protection.
   10. The ownership of all elements that make up the Platform database and interface belongs to Listnivo and are protected within the framework of Law No. 6769 and the relevant legislation. Members may only use the Platform within the scope of this Agreement to benefit from Listnivo services. It is illegal to copy any content or information contained in the Platform's database or accessed through the interface, to transfer them to other databases, to make them accessible to third parties. Listnivo reserves its right to all kinds of lawsuits and claims arising from the relevant legislation for such unlawful acts and actions.
   11. The Member must also comply with any additional notices, warnings and restrictions regarding copyrights related to the Platform or content accessible through the Platform. Any use, processing, representation, sale, distribution, marketing, leasing, exploitation by representation, publication, placing on the trading platform, reproduction, modification, translation, dissemination, reproduction, alteration, transformation, dissemination on this Platform without the express and written permission of Listnivo, which is not expressly declared in this Agreement, It is prohibited to use and benefit from the Platform or any of its contents in whole or in part, including but not limited to falsification, public display, exhibition, uploading to the website, posting on the internet, transmission to the public by means of signal, sound and/or image transmission, retransmission and distribution or in any other way. Listnivo, including but not limited to those listed in this paragraph; text, writing, image, photograph, picture, sound clip, video, software program, computer code, trademarks, logos, collectively, on this Platform and similar elements reserved copyrights within the meaning of Article 36 of Law on Intellectual and Artistic Works No. 5846. The aforementioned elements may not be used without the express written permission of the Platform, even if they are shown as a source or reference.
   12. The Member acknowledges that links may be provided to other websites and / or Platforms, files or content that are not under the direct or indirect control of Listnivo through the Platform, that third party services may be offered, and that such links are not intended to support the website or the operator / service provider to which such links are directed, or that they do not constitute a statement or warranty of any kind regarding the website or the information it contains, accepts and declares that Listnivo does not have any responsibility for the media, platforms, websites, files, content, services or products or their content accessed through such links.
4. PLATFORM CONTENT AND MEMBER CONTENT
   1. Anyone who accepts this Agreement and the related policies and rules and meets the relevant age requirements specified on the Platform may become a Member of Listnivo.
   2. The Member accepts that the chat, comment, sharing and all kinds of transactions made within the scope of the services provided by Listnivo are made with his/her own consent, that all information that can be viewed in his/her profile and his/her comments and shares can be viewed by others, and that his/her comments and shares can be re-shared by others.
   3. If the Member forgets his/her password, he/she can retrieve his/her password by clicking on the "Forgot Password?" link on the "Member Login" page, typing the e-mail address to which the member account is linked and pressing the "Send" button; the Member is personally responsible for the security of this communication and his/her Communication Channels.
   4. The Member has the title of "content provider" in every relevant activity on the Platform, including the member content created on the forum, and accepts that he/she is legally and criminally responsible for his/her activities within the scope of the Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications and other relevant legal regulations.
   5. The Member accepts, declares and undertakes that advertisements, campaigns and promotions may be published on the Platform, including the pages referred to by the Platform, and that he/she shall not assert any right, objection or claim in relation to this matter.
   6. The Member may permanently terminate or temporarily suspend its membership on the Platform at any time and without any justification. In order for the Member to permanently terminate or temporarily suspend his/her membership, he/she must fill out the form in the "Contact Us" tab on the Platform and clearly express his/her request to terminate or suspend his/her membership. If the membership is permanently terminated by the Member, all posts made by the Member on the Platform will be deleted in a way that cannot be used again. If the Member requests a temporary suspension of the membership, the membership will be suspended for 4 weeks so that it can be reactivated. If the membership is not reactivated by the Member after the expiration of the temporary suspension period, the membership will be permanently terminated and all posts made by the Member on the Platform will be deleted in a way that cannot be used again. The membership termination process will be completed within 7 days after the request for permanent termination of memberships is submitted to Listnivo or the temporary suspension period expires.
5. INTELLECTUAL PROPERTY RIGHTS
   1. Listnivo agrees to grant the Member a non-exclusive and non-transferable right of use (simple license) limited to the term of the Agreement in order to use the Platform in accordance with the Agreement and Platform rules, and this limited right of use granted to the Member shall not be interpreted in a way that would limit Listnivo's free exercise of all other rights, especially Listnivo's right to license others. 
6. BREACH OF OBLIGATIONS
   1. In the event that the Member does not comply with the policies and rules that may be specified separately within this Agreement and the Platform, if the Member's activities pose a risk in terms of legal, technical and information security, or if the Member violates its obligations regarding membership or without any reason, Listnivo may temporarily or permanently terminate the Member's use of the Platform without any compensation or compensation.
   2. Without the need for any breach or just cause, the Parties may terminate the Agreement immediately at any time without notice.
7. DISPUTE RESOLUTION
   1. Turkish law shall be applied in the implementation and interpretation of this Agreement and in the management of legal relations arising under the Agreement and in the resolution of disputes, and the Member shall have the right to apply to the Consumer Arbitration Committees in the settlement of the Member or Listnivo up to the value announced by the Ministry of Commerce of the Republic of Türkiye every year for any complaints and objections regarding the subject matter of this Agreement and other disputes that may arise regarding this Agreement, and to the Consumer Courts for disputes above the said value.
8. MISCELLANEOUS PROVISIONS
   1. The partial or total invalidity, non-compliance with applicable legislation or non-applicability of any provision of this Agreement shall not affect the validity and enforceability of the remaining part of the Agreement.
   2. The Member may send questions, complaints, requests and feedback via e-mail to info@listnivo.com or fill out the contact form directly on the website with the extension listnivo.com or within the Platform.
   3. Any event beyond the control of the Parties and preventing and/or delaying the Parties from fulfilling their obligations under this Agreement, including but not limited to natural disasters, riots, war, strikes, lockouts, failures arising from telecommunication infrastructure, power outages and bad weather conditions, which are beyond the control of the Parties and which prevent and/or delay the Parties from fulfilling their obligations under this Agreement, shall be interpreted as Force Majeure and the performance of the Parties shall be suspended during the Force Majeure. If Force Majeure prevents or delays Listnivo from performing its obligations arising from this Agreement, Listnivo shall not be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure, and this shall not be considered a breach of this Agreement.
   4. If any provision of this Agreement is declared invalid or unenforceable by a competent court or tribunal such provision shall be replaced by a valid provision that is close to the purpose of the Agreement.