Membership Agreement

1. PARTIES and SCOPE OF THE AGREEMENT

This Membership Agreement ("Agreement"); is concluded between …………………………………………………………… ("Photivu" or "Platform") located at ………………………………………… address, and the natural person ("Member") accessing the Site ("Site") through the website www.photivu.com and/or mobile application belonging to Photivu and/or creating a membership to benefit from the services.

This Agreement determines the rules regarding the use of services offered through Photivu and the mutual rights and obligations of the Parties. The Member is deemed to have accepted this Agreement by becoming a member of the Site or continuing to use the Site.

The Member agrees to act in accordance with the provisions of the Agreement and the current legislation while using Photivu. Photivu may update the rules and explanations on the Site (Frequently Asked Questions, usage guidelines, content policies, etc.) to ensure the security and continuity of services. Such updates become effective from the date of publication on the Site.

This Agreement is evaluated together with Photivu's KVKK Information Notice, Privacy Policy and (if any) Explicit Consent Form. Detailed information on the processing of personal data can be accessed through these texts.

The Member accepts, declares and undertakes that they have read all the terms and conditions in this Agreement completely, fully understood their contents, and will comply with these provisions as long as they continue to access the digital environments belonging to the Platform.

2. DEFINITIONS

In the application of this Agreement, the following terms have the meanings indicated opposite them:

Service/Services: Refers to all digital services provided by Photivu through the Site, including viewing event photos, face recognition supported matching, photo purchasing, downloading, accessing, and all related digital services. Photivu may update the scope and technical specifications of the Services over time.

User(s): Refers to natural persons who access the platforms offered by the Platform, view pages related to Services but have not yet completed the membership creation process.

Member(s): Refers to natural persons who digitally access the platforms of the Platform, create paid or free membership registration to benefit from the Services offered, whose membership application has been approved by the Platform and who have reached the age of 18. The Member declares and undertakes that all provisions of this Agreement are binding upon them; that they accept these provisions by creating membership.

Platform(s): Refers to all digital and online environments of similar nature, including the website and mobile application through which access to the Services offered by the Platform is provided. The Platform reserves the right to change, update or close access to the platforms where Services are provided when deemed necessary.

Photivu / Platform: Refers to the digital platform that enables Members to access event photos, view and purchase these photos, including the website with the domain name www.photivu.com and the mobile application offered under the Photivu brand.

Site: Refers to the website, mobile application and all connected digital platforms belonging to Photivu.

Application: Refers to the software that Members can download to their devices from digital platforms suitable for their mobile operating system (e.g. AppStore, GooglePlay, etc.) to access the Services.

Event: Refers to weddings, engagements, graduations, birthdays and similar special or collective organizations.

Photographer: Refers to natural or legal persons who take photographs within the scope of Events, upload the captured images to Photivu systems, and have a contractual relationship with Photivu.

Photo: Refers to photos, videos or similar digital visual content taken during Events and offered through the Photivu system. This content may also include facial images.

Event Page: Refers to the special page created by Photivu that allows viewing of Photos belonging to a specific Event and access to this content by relevant Members.

Member Page: Refers to the personal area accessed by the Member with their username, password or verification methods, where access to photos, purchasing and account settings are managed. The Member accepts that they are exclusively responsible for ensuring the security of account information.

Third Party: Refers to persons or organizations that have a direct or indirect service relationship with Photivu, including payment institutions, hosting providers, technical service providers and similar persons or organizations.

3. RIGHTS AND OBLIGATIONS OF THE PARTIES

1. To obtain membership status; the User who has reached the age of 18 must fill in the membership form on Photivu with accurate, current and complete information, electronically approve this Membership Agreement and complete the verification steps requested by the Platform (such as email verification, SMS verification or third party account verification).

With Photivu's notification to the User that the membership application has been approved, membership status is obtained and the Member becomes subject to this Agreement and all rules and policies published on Photivu's Site.

The Member/User is exclusively responsible for situations such as inability to create membership, inability to access Photos, inability to complete purchasing transactions, delays in delivery processes or inability to make payment refunds due to providing false, incomplete, incorrect or misleading information during the membership process. Photivu has no responsibility for such situations.

Photivu reserves the right to accept or reject membership applications without giving any reason. In case of rejection of membership, the User cannot make any claim of right, receivable or compensation.

All rights and obligations arising from membership belong only to the natural person whose membership has been approved by Photivu. The Member cannot transfer membership rights to third parties, cannot allow their use or claim rights on behalf of another person.

In case of a dispute regarding ownership of a membership account or Photos and if multiple persons submit requests to Photivu regarding this matter; Photivu is authorized to conduct examinations to the extent deemed necessary for resolving the dispute, request information and documents and conduct identity verification processes. As a result of the evaluation made by Photivu, transactions are carried out based on the natural person who is deemed to be the right holder regarding the relevant membership account or Photos. Decisions made by Photivu in this context are temporary and operational in nature; they do not eliminate the jurisdiction of judicial authorities.

Any administrative, legal, financial and criminal liability that may arise from membership accounts created unlawfully, unauthorized use of information belonging to third parties, uploading or sharing of Photos, belongs to the person who performed the relevant act. Photivu has no responsibility for claims arising from such violations.

2. If the Member/User wishes to benefit from the Services offered through Photivu or to purchase Photos; they are obliged to fully perform the fees determined by the Platform, payment methods and related purchasing steps.

All payment transactions made through Photivu are made through banks, payment institutions or authorized payment service providers, and the relevant payment infrastructure is responsible for the secure processing of payment information.

Photivu does not directly store credit card or payment information belonging to the Member in its systems. The Member/User is exclusively responsible for the accuracy of payments made, that the payment instrument belongs to them and that the payment transaction has been performed by an authorized person. In case Photivu suffers damage due to unauthorized use, incorrect payment, fraudulent transaction, chargeback request or similar reasons; such damage shall be immediately compensated in cash by the Member/User upon first demand. Photivu reserves the right to cancel, suspend or stop Service provision during the examination period for purchasing transactions that are subject to security suspicion, have unusual transaction characteristics, contain the possibility of unlawfulness or are marked as risky by payment institutions.

Photos and Services provided in digital nature cannot be subject to the right of withdrawal after delivery or access is provided, subject to exceptions provided in the relevant legislation. However, if there is a technical error, duplicate payment or an access problem originating from Photivu, refund requests are separately evaluated by Photivu. The Member/User is exclusively responsible for any consequences that may arise from any request, objection or sanction directed to Photivu by banks, payment institutions or third parties regarding payment transactions.

3. The Member accepts, declares and undertakes that all information, text, photo, visual, video, comment and other content shared or allowed to be shared through Photivu's Platforms are accurate, current and legal; that this content does not violate third parties' personal rights, privacy, intellectual and industrial property rights or current legislation; that it will not contain elements contrary to law or general morality such as insult, threat, slander, hate speech, harassment, defamation, misleading content and similar.

The Member undertakes that they have all necessary rights and authorities over the content they share and that the use of this content by Photivu within the scope of this Agreement does not constitute any unlawfulness.

Any administrative, legal and criminal liability that may arise due to the content provided by the Member being unlawful exclusively belongs to the Member. In this context, any request, damage, expense, administrative fine and sanction that may be directed to Photivu shall be covered by the Member with all accessories upon first demand. Photivu is not obliged to subject the content provided by the Member to preliminary review; it reserves the right to temporarily suspend, remove or block access to the content in case of suspicion of unlawfulness.

The Member accepts that, regarding the content uploaded or allowed to be uploaded to the Site, they grant Photivu a worldwide, non-time-limited, non-transferable, non-sublicensable, non-exclusive license of use only for the purposes of providing Services, displaying, classifying, matching (including face recognition), technically reproducing (including cache and backup) and making content accessible to the Member. Photivu uses this license only for the purposes specified in the Agreement and does not subject the content to commercial use for purposes other than these.

4. Personal data shared by the Member during membership creation, benefiting from Services or performing transactions on the Platform is processed by Photivu in accordance with the Personal Data Protection Law No. 6698 and relevant legislation provisions.

Detailed information regarding the processing of personal data can be accessed through the KVKK Information Notice, Privacy Policy and other relevant information texts. The Member accepts that they have read these texts belonging to Photivu and have been informed about data processing activities.

Personal data belonging to the Member may be processed within the scope of provision of Services, operation and development of the Platform, improvement of user experience, execution of technical support processes, fulfillment of legal obligations and in cases where explicit consent exists, marketing and commercial communication activities.

In case of a proper request by legally authorized public institutions and organizations, personal data belonging to the Member may be shared with the relevant authorities only within the scope of the request and in accordance with current legislation.

The Member accepts that personal data belonging to the Member may be shared with relevant persons for the purpose of enabling other Members or third parties to exercise their legal rights and only within the scope of resolving the dispute, due to legal disputes that may arise between Members.

5. The Member is exclusively responsible for maintaining the confidentiality of the username, password and similar verification information used to access the membership account created with Photivu. The Member is obliged to take all necessary measures to prevent the use of this information by third parties. All transactions performed with the Member's username and password are deemed to have been performed by the Member unless clearly proven otherwise. Any legal, financial and administrative liability arising from these transactions belongs to the Member.

The Member is obliged to immediately notify Photivu of the situation the moment they think their account information has been seized by unauthorized persons or their account has been used without permission. Photivu has no responsibility for the transactions and damages that occur during the period until notification is made. Photivu reserves the right to temporarily suspend the Member account, restrict access or request additional verification in cases of suspicious account movements, suspicion of unauthorized use or possibility of violation of legislation for security reasons.

The Member accepts that they are exclusively responsible for any damage that may arise due to failure to fulfill the security measures requested by Photivu.

6. Photivu is the exclusive and sole owner of all information, text, visual, photo, video, logo, trademark, database and similar content on the Site, and has all intellectual and industrial property rights regarding this content. Without Photivu's prior written explicit permission; copying, processing, reproducing, publishing, distributing, displaying, storing, using in a manner that creates competition with Photivu, transferring to third parties, using for commercial purposes and linking to this content, in whole or in part, by any method, is prohibited. Including the above listed, the Platform does not accept any unlawful use on the content and absolutely does not consent to them. In case of use contrary to this prohibition, the Platform reserves the right to resort to all legal remedies against the relevant user/member, claim compensation for damages and block access to content.

• The use of the entire or any part of the Platform's website; for the purpose of corrupting, changing its function, violating system integrity, revealing source codes or infrastructure, through reverse engineering, disassembly (decompilation), copying, intervention or similar technical methods is absolutely not permitted. In case of detection of such actions, the Platform has the right to immediately block access and resort to legal and criminal remedies against the relevant persons.

• The use of the Platform's website by the Member or any third party for the purpose of creating, managing, controlling, updating or modifying a database, record system, directory or similar data set belonging to themselves or another party is absolutely prohibited.

• Providing false, incomplete or misleading information during membership procedures; using personal, contact, address, payment or account information belonging to another member/user; creating fake or imaginary Member/User accounts; using such created accounts in a manner contrary to the terms in this Agreement and its annexes is prohibited.

• In case of unauthorized access to another Member/User account, performing transactions under another person's identity, opening an account on behalf of another person or under an alias, or performing transactions or participation on the Platform through any of these methods, all legal and criminal liability belongs to the relevant person(s).

• The use of the Platform's website or mobile application for illegal purposes, in activities constituting fraud, in transactions of misuse or in any unlawful attempt is absolutely prohibited.

• Interfering with the operation of purchasing, data access or other user transactions on the Platform; manipulating any transaction price, engaging in transactions that are misleading or affecting user behavior is prohibited.

• Copying, reproducing, processing, modifying, distributing, transmitting, removing or using in any way, in whole or in part, content belonging to the Platform or third parties that are protected by copyright, personal data, personal rights, commercial reputation, trademark rights or other intellectual and industrial property rights, without the permission of the right holder, is prohibited.

• Using the comment, response, evaluation, competition and rating systems on the Platform for purposes outside the Platform, to obtain personal benefit or to mislead other users; also publishing the Platform's comments or competition details outside the Platform without authorization is absolutely prohibited.

• Access to the Platform's communication networks, infrastructure, servers or technical systems in a manner that creates unreasonable load; any action and attempt that slows down, disrupts, stops, prevents, corrupts or changes the operation of these systems is strictly prohibited.

• Collecting, storing, sharing or transferring to third parties any information about Members or users, including e-mail addresses and other personal data, without their explicit consent, is prohibited.

• Spreading, uploading, transmitting viruses, trojan horses, worms, spyware, malicious code or similar harmful technologies that may damage the Platform's website, database or content, or attempting to do so, is strictly prohibited.

• Sending, distributing or mediating the spread of chain messages, mass notifications, commercial promotional messages ('spam') or similar unsolicited e-mails through the Platform or using contact information originating from the Platform is strictly prohibited.

• Without the Platform's explicit and written approval; obtaining, copying, reproducing, publishing or processing any content, in whole or in part, using software that provides automatic access to the Website or application (bot, robot, crawler, spider, etc.), data mining, data crawling or technologies similar to screen scraping is strictly prohibited.

Any unauthorized use to be made within this scope is unlawful; in case of detection of such violation, the Platform reserves the right to immediately suspend the relevant account or terminate membership, not refund paid fees and all rights of claim, lawsuit and prosecution.

7. Photivu may process, store and share with third parties in cases where explicit consent exists, personal data provided by the Member/User or obtained during the use of the Platform, subject to compliance with current legislation and relevant information texts; for the purposes of providing, developing, improving Services, analyzing user experience, conducting statistical studies and increasing Platform performance.

If the Member gives explicit consent for sending commercial electronic messages; they accept that they may be contacted via e-mail, SMS, mobile notification and similar channels regarding Services, campaigns, innovations and information offered by Photivu. The Member may change their commercial electronic message receiving preferences or unsubscribe from the communication list at any time. Requests to be made in this context are fulfilled within the periods prescribed in the legislation. Data used in analytical and reporting activities are processed by being anonymized or aggregated as much as possible and this data is not used in a way that allows identification.

8. The Member, by logging into the Platform with the username and password created with Photivu; can access Event Pages, view Photos, purchase and benefit from Services offered by Photivu. For full and uninterrupted benefit from the Services; the Member account must be active, membership information must be kept current and usage conditions determined by the Platform must be fulfilled.

If it is determined that the Member has acted contrary to the provisions of this Agreement, Platform rules or current legislation, Photivu reserves the right to temporarily suspend the Member account, restrict access to Services or terminate membership entirely.

Photivu may temporarily stop or limit access to Services due to technical maintenance, updates, security work or systemic improvements. Such interruptions are announced in advance as much as possible; however, in mandatory cases, they may be carried out without prior notice. The Member accepts that the Services offered by Photivu may vary depending on technical elements outside Photivu's control such as internet connection, device infrastructure, browser or application version.

9. Services offered by Photivu may vary depending on technical elements such as internet infrastructure, server capacity, third party service providers, software updates and similar. The Member accepts that Platform access speed, viewing, uploading or downloading of Photos and usage performance of Services may differ according to conditions originating from the technical specifications of the device used, operating system, application version, internet connection and service provider.

Photivu does not make any commitment that Services will be provided uninterrupted, error-free or at a certain speed and performance level. However, the Platform takes care to take reasonable technical and administrative measures for the safe and accessible provision of Services. Photivu has no responsibility for access problems experienced due to internet infrastructure problems, service provider interruptions, cyber attacks, force majeure or disruptions originating from third party services that develop outside Photivu's control.

All costs arising from internet, data usage or operator tariffs during connection to Platforms belong to the Member.

10. Photivu reserves the right to unilaterally change, update or renew this Membership Agreement and the terms of use, rules and policies on the Platform; in case of changes in legislation, updates in the scope or operation of Services or other cases deemed necessary. Changes made to the Agreement become effective on the date the current text is published on the Platform's website or mobile application. Photivu may notify the Member of the changes by methods it deems appropriate. As long as the membership relationship continues, the Member is obliged to regularly follow the current Agreement provisions published on the Platform. Continuing to use the Platform after the changes come into effect means that the updated Agreement provisions are accepted by the Member. If the Member does not accept the changes made, they have the right to terminate their membership.

11. The Member may request membership cancellation at any time through the Membership Page on Photivu or by using the communication channels specified on the Platform. The membership cancellation request is processed after technical and administrative evaluation to be made by Photivu. With the entry into force of membership cancellation, the Member's access to the Platform ends; however, rights and obligations arising until the membership cancellation date are reserved. Membership cancellation does not eliminate the purchasing transactions and financial obligations arising from these transactions performed by the Member before the cancellation date. Access and usage rights regarding Photos purchased by the Member and provided in digital nature continue within the framework of current legislation. Membership cancellation does not revoke rights regarding digital content that has been delivered or made accessible. Photivu reserves the right to suspend the Member account or immediately terminate membership with or without prior notice depending on the nature of the violation, in case it detects violation of the provisions of this Agreement, Platform rules or current legislation. In case of termination of membership by Photivu; refund of fees paid for transactions subject to violation cannot be requested. However, if there is a technical error originating from Photivu, refund requests are separately evaluated. After membership cancellation or termination; except for records that Photivu is obliged to keep according to legislation, personal data belonging to the Member is deleted, destroyed or made anonymous in accordance with relevant legislation provisions.

12. Within the scope of Services offered by Photivu; face recognition and visual matching technologies are used to enable Members to more easily access images related to the relevant Events from Photos taken during Events. Within this scope; face images of Members or persons participating in Events are processed only for the purpose of detecting and presenting relevant Event Photos to the Member. The use of face recognition technology is carried out in accordance with current personal data protection legislation and subject to obtaining necessary explicit consents.

If a person thinks that a Photo belonging to them has been published, made accessible or that their image has been processed unlawfully without their consent; they may apply to Photivu to request removal of the relevant content, restriction of access or suspension of the face matching process. These requests are evaluated by Photivu as soon as possible and in accordance with legislation. Photivu conducts face recognition and visual matching activities; only for the purpose of providing Services, for a limited period and by taking necessary technical and administrative security measures. This data is not transferred to third parties for direct marketing or commercial purposes. Upon the request of the relevant person; data processed within the scope of face recognition is deleted, destroyed or made anonymous in accordance with legislation. This situation does not necessarily require deletion of all Event Photos of the person; it may only result in suspension of the face matching activity.

13. The Member, Photographer or third party uploading Photos to the Platform; accepts, declares and undertakes that they have all necessary rights and authorities over the uploaded Photos, that explicit consents and permissions that need to be obtained from relevant persons have been obtained for the uploading and processing of Photos. In case the uploaded Photos violate third parties' personal rights, privacy, personal data, intellectual and industrial property rights or current legislation, any administrative, legal, financial and criminal liability that may arise from these violations exclusively belongs to the person who uploaded the Photo. Photivu is not obliged to subject the content provided during the Photo uploading process to preliminary review; it reserves the right to temporarily suspend, block access or remove Photos in case of suspicion of unlawfulness. The person uploading the Photo; accepts to immediately and in cash cover any request, complaint, administrative sanction or damages and expenses that may arise as a result of lawsuits that may be directed to Photivu due to the uploaded Photos, upon Photivu's first demand.

4. INTELLECTUAL PROPERTY AND LICENSE RIGHTS

The Member/User accepts that all content, software, design, database, audio-visual materials, brand elements, trade dress and any other copyrighted work belonging to the Platform, as well as all elements offered on the Platforms including Photos belonging to Members, are subject to the intellectual and industrial property rights of the Platform or relevant right holders. Within this scope, the Member/User cannot copy, reproduce, distribute, display, publish, process, modify, resell, use for commercial purposes or enable third parties to violate these rights, in whole or in part, the said content.

Any action to be taken in the opposite direction is unlawful. In case of such a violation; it is declared in advance that direct and indirect damages incurred by the Platform, all licensors and relevant third parties, together with court costs, attorney fees and all other compensation claims, shall be covered by the person in violation.

All software, algorithms, trade secrets, trademarks, logos, databases and all related intellectual and industrial rights used in the provision of Services belonging to the Platform exclusively belong to the Platform. These rights cannot be used, transferred, licensed or evaluated in any way outside the right of use granted by this Agreement without the Platform's explicit written permission. In case of violation of intellectual rights, the Platform has the right and authority to immediately suspend or terminate the relevant account.

5. AGREEMENT CHANGES, TERMINATION AND FORCE MAJEURE

The Platform has the right to change or update this Agreement at any time and unilaterally. Such changes become effective on the date of publication on the Platforms and the Member/User is deemed to have accepted the changes made while continuing to use the Platform.

The Platform reserves the right to partially or completely block the Member/User's access to the Platforms, suspend the account or terminate membership in any situation that constitutes a violation of this Agreement, relevant legislation or Platform policies or when deemed necessary without giving any reason.

Natural disasters, war, terror, uprising, interventions of public authorities, strikes and lockouts, large-scale cyber attacks, energy and communication interruptions, internet infrastructure problems, disruptions originating from service providers and similar unforeseen circumstances that develop outside the reasonable control of the Parties are accepted as force majeure. In cases of force majeure, Photivu has no liability for late or incomplete performance or failure to perform its obligations under this Agreement. After the end of force majeure, Photivu continues to fulfill its obligations within a reasonable time.

6. LEGAL DISPUTES AND JURISDICTION

Turkish Law applies in the implementation and interpretation of this Agreement and in all legal relationships that may arise between the parties within the scope of the Agreement.

Istanbul Central (Çağlayan) Courthouse Courts and Execution Offices are authorized in the resolution of any dispute arising from or in connection with this Agreement.

If the Member has consumer status; they accept that mandatory jurisdiction rules and consumer rights are reserved in accordance with current legislation. In this context, the Member's right to apply to legally authorized Consumer Arbitration Committees or Consumer Courts is not eliminated by this article.

7. LEGAL VALIDITY OF RECORDS

The Member/User accepts that in any dispute arising from or in connection with this Agreement; electronic records, transaction records, log records, correspondence, system outputs and other digital data kept in Photivu's databases, servers and information systems constitute valid evidence in accordance with Article 193 and following articles of the Code of Civil Procedure. These records kept by Photivu are not binding or exclusive evidence by themselves; they are freely appreciated by the judge together with other evidence in the resolution of the dispute. The Member/User is obliged to prove their claim with legally valid evidence if they claim that the records specified in this article are contrary to the truth.

8. INTEGRITY AND NOTIFICATION

Any provision of this Agreement becoming partially or completely invalid, void or unenforceable does not affect the validity and effectiveness of the other provisions of the Agreement. The provision determined to be invalid or unenforceable is deemed to have been replaced by the valid provision closest to the will of the parties and the purpose of the Agreement.

Any notification between the Member/User and Photivu may be made through the e-mail address, mobile phone number declared during membership or announcements to be made on the Platform. Notifications made through these methods are equivalent to written notification and are considered legally valid.

The Member/User is exclusively responsible for their contact information being accurate, current and belonging to them. Photivu cannot be held responsible for notifications not reaching the Member due to contact information not being current.

By continuing to use the Platform, the Member/User declares that they have read this Agreement, understood it and unconditionally accept all its provisions.