Terms of Use

1. TERMS OF USE

Please read the conditions written below to use the www.herneburada.com domain website. By visiting the www.herneburada.com website and/or using its mobile applications (the website and/or mobile applications will hereinafter be referred to as the “Portal”) and/or becoming a “Member”, you hereby accept, declare and undertake that you have read these “Terms of Use”, fully understood its content, unconditionally accepted all matters specified in the “Terms of Use” and included in the “Portal” and will be included in time, and that you will not raise any objections or defenses regarding all matters specified in the “Portal”. If you do not accept these conditions, please refrain from using the “Portal”.

1.1.  The owner of this “Portal” is “TOURBEDS. (hereinafter referred to as “HERNEBURADA”). The services offered on the “Portal” and specified in Article 3 of these “Terms of Use” are provided by “HERNEBURADA”.

1.2.  "HERNEBURADA" may change these "Terms of Use", any information and "Content" on the "Portal" at any time without any notice or notification to the "USER". These changes will be published periodically on "www.herneburada.com" and will be valid on the date of publication. Every real or legal person who benefits from the "Portal" services by paying a certain fee or free of charge or who accesses the "Portal" in any way is deemed to have accepted the "Terms of Use" and any changes made by "HERNEBURADA" to these "Terms of Use". These "Terms of Use" are published on the www.herneburada.com website and made accessible to every real or legal person using the "Portal".

2. DEFINITIONS

“Portal”:  The website and mobile applications where “HERNEBURADA” offers its “Services”, consisting of the domain name www.herneburada.com and the subdomains connected to this domain name.

“User”:  Any natural or legal person accessing the “Portal”.

“Member”:  “User” who becomes a member of the “Portal” and benefits from the services offered within the “Portal” under the conditions set forth in this agreement.

“Membership”:  The status gained by the “User” who wants to become a “Member” by filling in the membership form on the “Portal” with correct and true information, and by having the identity information provided approved and notified by “HERNEBURADA”. The right and authority to become a “Member” cannot be acquired without completing the membership procedures. “Membership” rights and obligations are rights and obligations that belong to the applicant and cannot be transferred to any third party, partially or completely. “Membership” applications may be rejected by “HERNEBURADA” without giving any reason or additional terms and conditions may be requested. “HERNEBURADA” may terminate the “Membership” status of the “Member” if it deems it necessary, and may not accept the “Membership” application made later by the person whose “Membership” has been terminated for any reason.

"HERNEBURADA Membership Account": The set of web  pages specific to the "Member" that the Member can access via the "Portal" with the "user name" and "password" that he/she determines and undertakes to use exclusively by him/her, through which he/she can perform the necessary work and transactions to benefit from the services offered within the "Portal", make requests to "HERNEBURADA" regarding "Membership" issues, his/her "Membership" information and view reports regarding the services offered.

“HERNEBURADA Services” (“Service”):  Applications offered by “HERNEBURADA” to enable the “Member” to perform the work and transactions defined in this agreement within the “Portal”. “HERNEBURADA” may make changes and/or adaptations to the “Services” offered within the “Portal” at any time. The rules and conditions that the “Member” is obliged to comply with regarding the changes and/or adaptations made are announced to the “Member” from the “Portal”, and the terms and conditions explained come into force on the date they are published on the “Portal”.

“Content”:  All kinds of information, text, files, pictures, videos, numbers, etc., visual, written and auditory images published on the “Portal” and accessible.

“API”:  Application Programming Interface created by HERNEBURADA and designed to provide certain functionality, associated documentation (including in electronic form), protocols and future versions, improvements, developments, programming corrections, s and upgrades thereto.

"HERNEBURADA Interface": Internet pages  that are used by "Users" so that the content created by HERNEBURADA and "Members" can be viewed by "Users" and can be queried from the "HERNEBURADA Database"; and that give commands to the computer program to perform all kinds of transactions that can be done through the "Portal" within the designs protected under the Law on Intellectual and Artistic Works numbered 5846 and all intellectual rights of which belong to "HERNEBURADA".

3. HERNEBURADA SERVICES

3.1.  "HERNEBURADA" ensures that the contents uploaded to the "HERNEBURADA Database" by "Members" can be viewed by "Users" via the "HERNEBURADA Database" using interfaces.

3.2.  "HERNEBURADA" provides various types of listing services that prioritize the display of advertisements in order to enable "Users" to access "Member" advertisements more easily within the "Portal".

3.3.  "HERNEBURADA" offers reporting services under various categories regarding the transactions and viewing numbers performed within the "Portal".

3.4.  "HERNEBURADA" reserves the right to add new services to the services it provides within the "Portal", to change the scope and conditions of the existing services and the "Content" accessible within the "Portal" at any time, to block access to third parties and to them. "HERNEBURADA" may use this right in any way it wishes without any notification and prior notice.

4. CONDITIONS AND LIABILITIES REGARDING THE USE OF HERNEBURADA PORTAL

4.1.  "Users" may perform transactions on the "Portal" for lawful purposes. The "User" shall be responsible for all legal and criminal liabilities in every transaction and action they perform on the "Portal", and the "User" accepts, declares and undertakes that "HERNEBURADA" has no responsibility for the said legal and criminal liabilities.

4.2.  The “Portal” operates on the basis of displaying the “Content” uploaded to the “HERNEBURADA Database” by “Members”. “HERNEBURADA” does not guarantee the accuracy, truth, security and legality of the advertisements and “Content” viewed by “Users” under any circumstances. “HERNEBURADA” has no responsibility for the advertisements and “Content” in question, and “HERNEBURADA” shall have no compensation obligation for any damages that may arise.

4.3.  "USER" accepts and undertakes that he/she will not reproduce, copy, distribute or process any pictures, texts, visual and audio images, video clips, files, databases, catalogues and lists found within the "PORTAL", will not engage in any commercial activity by performing such actions, and will not engage in any behavior or transactions that constitute unfair competition directly and/or indirectly.

4.4.  "Users" accept and undertake that they will not engage in activities that will lead to unfair competition within the "Portal" in accordance with the provisions of the Turkish Commercial Code, will not carry out actions that will damage the personal and commercial reputation of "HERNEBURADA" and third parties, will infringe or attack personal rights, will act in accordance with the legislation, public order and general moral rules, will take the measures and fulfill the procedures required by the legislation, will not engage in any illegal, criminal, disturbing, damaging personal rights, violating intellectual rights, copyrights, trademark rights and property rights.

4.5 . "Users" are obliged to use the information they access within the "Portal" only in accordance with the purpose of the "Member" or "HERNEBURADA" who disclosed this information and to view it for non-commercial purposes. The contact information in the advertisements entered by the Member who advertises may only be used for the purpose of contacting to obtain information about the advertisement. Personal data and/or special personal data belonging to the advertiser or third parties that are protected under the Law on the Protection of Personal Data No. 6698 and may be included in the advertisement cannot be used for any other purpose, copied, published directly or indirectly in other media, processed, distributed, transferred to other databases and made accessible and usable by third parties.

4.6.  "HERNEBURADA" may use, process, share, disclose, classify and store "User" information on a database, use it in promotional and informative communication activities, marketing activities and for statistical analysis. "HERNEBURADA" may also use information such as the user's IP address, which sections of the "Portal" are visited, domain type, browser type, date and time for statistical evaluation and providing personalized services and offers. "HERNEBURADA" may transfer User information to companies it cooperates with to conduct research to improve its processes, create a database and conduct market research, and User information may be processed by these companies limited to the purposes listed above.

4.7.  HERNEBURADA has the right to associate the behavior of the user visiting the site with a cookie in the browser for the purpose of conducting online behavioral advertising and marketing, and to define remarketing lists based on metrics such as the number of pages viewed, duration of visit and number of goal completions, to use marketing automation tools and to send special messages/offers and suggestions to the user. It may then show targeted advertising content to this user on the site or on other sites in the Display Advertising Network according to the interests of the users. In addition, Google may place cookies in the browser of Google USERS or read the cookies contained in them or use web beacons to collect information during the redirection of AFS ads to HERNEBURADA.

4.9.  It is lawful for third parties to access the database where the content accessed and/or viewed via the “Portal” is stored, solely for the purpose of displaying the relevant content and/or within the framework of “HERNEBURADA”’s “Terms of Use”. Any access other than this is unlawful; “HERNEBURADA reserves all rights to demand, sue and pursue.

4.10.  “HERNEBURADA” allows viewing the advertisements for learning purposes and using the “HERNEBURADA Interface”, however, attempts to access advertisements in a certain number or in their entirety through the database for a purpose other than this, partial or complete copying of advertisements, customer information, designs, codes and software, information in the database, publishing them directly or indirectly in other media, compiling, processing, changing them, transferring them to other databases, opening them to access and use by third parties from this database, providing links to advertisements on “HERNEBURADA”, and similar actions are not permitted or consented to by “HERNEBURADA”. Such actions are against the law; “HERNEBURADA reserves its rights to demand, sue and pursue.

4.11.  The “User” accepts and undertakes that “HERNEBURADA” cannot be held responsible for any direct or indirect damages that may occur in case of interruption of the service provided on the “Portal”, disruptions, delays, failures in information transmission, data loss.

5. INTELLECTUAL PROPERTY RIGHTS

The information accessed within this “Portal” or provided by users in accordance with the law and all elements of this “Portal” (including but not limited to “HERNEBURADA Database”, “HERNEBURADA Interface”, design, text, image, html code and other codes) (all together referred to as “HERNEBURADA’s copyrighted works”) belong to “HERNEBURADA” and/or are obtained by “HERNEBURADA” under a license from a third party. “Users” do not have the right to resell, process, copy, share, distribute, exhibit “HERNEBURADA” services, “HERNEBURADA” information and “HERNEBURADA’s copyrighted works” or allow anyone else to access or use “HERNEBURADA” services. Except for the cases expressly permitted by "HERNEBURADA" within these "Site Terms of Use", it is not possible to reproduce, process, distribute or create derivative works from the copyrighted works of "HERNEBURADA".

Unless expressly authorized by "HERNEBURADA" within these "Terms of Use", "HERNEBURADA" reserves all rights to "HERNEBURADA" services, "HERNEBURADA" information, "HERNEBURADA" copyrighted works, "HERNEBURADA" trademarks, "HERNEBURADA" commercial appearance or other assets and information provided through this site.

6. CHANGES IN TERMS OF USE

"HERNEBURADA" may, at any time, unilaterally change these "Terms of Use" by announcing them on the "Portal". The amended provisions of these "Terms of Use" shall become valid and enter into force on the date they are announced. These "Terms of Use" cannot be changed by unilateral declarations of the "User".

7. FORCE MAJEURE

In all cases legally considered as force majeure, "HERNEBURADA" will not have any compensation obligation in case of late performance, incomplete performance or non-performance. "Force majeure" will be interpreted as events beyond the reasonable control of the relevant party and which "HERNEBURADA" could not prevent despite showing the necessary care, and force majeure cases include, but are not limited to, natural disasters, war, fire, strikes, riots, rebellions, bad weather conditions, infrastructure and internet failures, system improvement or renewal works and any failures and power outages that may occur for this reason.

8. APPLICABLE LAW AND JURISDICTION

In case of any foreign element in the implementation, interpretation and management of legal relations arising within the scope of these "Terms of Use", Turkish Law shall be applied, excluding the Turkish conflict of laws rules. Antalya Central Courts and Enforcement Offices are authorized to resolve any disputes arising or that may arise due to these "Terms of Use".

9. ENFORCEMENT AND ACCEPTS

These "Terms of Use" shall enter into force on the date they are published on the "Portal" by "HERNEBURADA". "Users" accept these "Terms of Use" and the changes made over time by using the "Portal".