Membership and User Agreement
This contract; on the one hand, Zeytinlik Mah. Fisekhane Cad. No:5 Carousel AVM 2B Floor – Workinton, 34158 Bakırköy / Istanbul is being prepared between the website www.postuby.com operated by POSTUBY BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ and on the other hand, users and subscribers who are members of the site; hereinafter referred to as the Agreement.
1. ARTICLES
Contained in this contract;
subscriber: The person who creates an account on his behalf by filling out the registration form on the site,
Site: www.postuby.com web site ,
User : Persons who use/visit the site as a member, subscriber or visitor,
Subscriber: User who purchases any of the subscription packages offered for sale on the site,
Contract: This subscription and user agreement,
Content:Intangible visual products such as photographs, videos, animations on the site,
Seller: Postuby platform,
Parties: Seller and User,
It describes and will be used hereinafter as stated above.
2. THE SUBJECT OF THE CONTRACT
2.1. The subject of this agreement is the conditions stipulated for the User to purchase, download and edit the visual content, the characteristics and scope of which are determined in this agreement and the Distance Sales Agreement, which is complementary to this agreement, in return for the subscription packages purchased on a monthly or annual basis, and the Parties. s rights and obligations under this contract.
3. SUBSCRIPTIONS AND PACKAGE UPGRADE
3.1. Parts of the Service are billed on a subscription basis («Subscription» or «Plan»). You will be pre-billed recursively and periodically («Billing Cycle»). Billing cycles are determined monthly or annually depending on the subscription type you choose when purchasing a Plan.
At the end of each Billing Cycle, your Subscription will automatically renew under exactly the same terms unless you cancel it or Postuby cancels it. You can cancel your subscription renewal by accessing the «Billing» page within the App.
A valid payment method, including credit card, is required to process payment for your subscription. You must provide correct and complete billing information to Postuby, including full name, address, state, zip code, telephone number and a valid payment method. By submitting such payment information, you automatically authorize Postuby to collect all Subscription fees incurred through your account from such payment instruments.
In the event that automatic invoicing does not occur for any reason, Postuby will issue an electronic invoice stating that you must proceed manually within a specified deadline, with full payment corresponding to the billing period specified in the invoice.
3.2. If you choose to upgrade your Plan or make any Add-ons to your Plan during your subscription period, you will be charged the then-current price for the upgrade or Add-ons, proportional to the number of days remaining in your subscription period. Unless otherwise stated in your order for service, any upgrade or Add-on you add will expire at the same time as the current Plan and will automatically renew at the end of the subscription period with your Plan. If you choose to downgrade or remove any Add-ons from your Plan, you will not be reimbursed or credited for any unused and prepaid fees in connection with the downgrade or removal. Downgrading your plan may result in loss of content, features or capacity of your account and we do not accept any liability for such loss.
4. GENERAL PROVISIONS
4.1. This agreement contains provisions valid for Users who use the Site and have various qualifications, and Users are subject to this agreement with the Seller.
4.2. Members and Subscribers agree that they are subject to and approve of the terms of this agreement, the terms of the Privacy Policy and the Distance Sales Agreement, which are an integral part of the agreement, and the changes to be made in the aforementioned agreements over time.
4.3. Postuby reserves the right to change the terms of this agreement and other agreements, remove some services or add new services when necessary. By continuing to use the site, you are deemed to have tacitly consented to the changing conditions. Postuby undertakes to inform the members through various means before the changes to be made in the contract and service conditions.
4.4. The subscriber declares that the login information, personal information and billing information that he/she has determined during the first purchase or later in order to access the services purchased are correct, complete and belong to him/her; accepts, declares and undertakes that it will be responsible for all damages arising from the inaccuracy or incompleteness of this information.
4.5. The user is obliged to protect the password information he created while becoming a member of the Site and to prevent it from falling into the hands of others. In case of committing a crime, unlawful behavior and violating the provisions of this contract by providing access to the system by others with the login information of the user, the legal and criminal responsibility shall belong to the user who owns the account.
4.6. The user can change the login password he has created at any time, and has the right to request a new password if he forgets it. Postuby will continuously provide this facility to requesting users.
4.7. Users who do not subscribe to any package can view, but not download and edit the content offered on the site.
4.8.The subscriber cannot market the downloaded content to third parties and cannot subject his subscription package to a sale or rental relationship in any way..
4.9. The user cannot share the login information of the platform with third parties in order to use the package he has purchased. However, Users can purchase subscriptions to give gifts to third parties, and for this purpose, they can transfer the gift code defined by the Site to third parties.
4.10. Postuby can record all kinds of movements of users on the site in order to prevent unauthorized access, suspicious logins and violations of rights worthy of legal protection.
4.11. The user accepts, declares and undertakes that he will not hold Postuby responsible for force majeure and technical problems that prevent the effective use of the platform or make access to the site completely impossible. However, Postuby undertakes to immediately intervene in technical problems that prevent users from benefiting from the Site.
4.12. Postuby always has the right to perform periodic maintenance and improvement works on the platform. The user, on the other hand, accepts and undertakes that he will bear the access problems that may occur due to maintenance and improvement works.
4.13. The User agrees that Postuby may make changes in the scope, content and fees of the subscription packages offered for sale on the Site. Changes in monthly and annual subscription package fees are notified to the User through various means beforehand and become valid from the next subscription period.
4.14. User; he/she accepts and undertakes that he/she will be personally responsible for the damages that may occur if he/she is found.
5. INTELLECTUAL PROPERTY RIGHTS
5.1. There is protection of copyright, trademark, patent, trade secret and other intellectual property laws and norms on the visual content such as photographs, videos, audio and the content of the site as a whole. Unauthorized, over-the-top and prohibited uses of the content on the Site constitute a violation of the relevant laws. Postuby does not give implied or express permission for the use of the Site content, except for the conditions and conditions stipulated in these agreements. In this context, the user may copy, republish, frame, link, download, transfer, modify, adapt, create derivative works, rent, lend, sell, assign, distribute, on the visual content presented on Postuby, contrary to the provisions of this agreement. not to display, perform, license, sublicense, or reverse engineer; It accepts and undertakes not to use data mining or visual collection – extraction methods in connection with the Site and its content..
5.2. Postuby is the sole owner of all intellectual and industrial property rights related to the Site. The scope of the User’s property right on the content presented on the Site is in the form of downloading the content, editing it and sharing it on social media. The user cannot make the downloaded content the subject of the sales transaction to be established with third parties.
5.3.The user shall not use the Postuby brand in a way that may cause damage to the brand reputation, not to compete with Postuby, not to use the Postuby brand and its variations for imitation; Likewise, Postuby accepts, declares and undertakes that the graphics and designs specific to the website cannot be copied, imitated or used.
6. PAYMENT TERMS AND BILLING
6.1. Debit or credit card will be used for payments for subscription packages to be purchased from the site. External payment methods are not applicable.
6.2. AFor monthly subscriptions, automatic collection is made for each new subscription period from the registered payment instrument of the User on the same day of each month, and on the same date of each year for annual subscriptions. If the collection cannot be made due to reasons originating from the user or the bank, a warning notification is sent to the User.
6.3.Postuby can work with secure electronic payment institutions or get virtual pos service from banks to collect the subscription package price. The bank / credit card information provided by the User while registering to the Platform may be stored by the payment institution or banks that have legal permission in this regard. Postuby does not store the User’s bank account information. Therefore, the User cannot hold Postuby responsible for any damages that may occur in the recording and storage of bank account information. The user accepts and declares that he/she knows that the intermediary payment institution or banks will be responsible in such a case.
6.4. After the sale of the subscription packages, the e-archive invoice issued by the intermediary payment institution (İyzico) is sent by Postuby to the registered e-mail address of the User.
7. PROTECTION OF PERSONAL DATA
7.1. All personal data shared by the Subscriber for the purchase of the subscription package and the use of the service within the scope of the package are processed by the Seller in accordance with the provisions of the Law on Protection of Personal Data No. 6698, relevant regulations and board decisions. The Subscriber accepts and declares that he/she knows that he/she can access detailed information about which personal data are processed for what purposes and on what legal grounds, and the status of transferring his personal data domestically and abroad through the «Privacy Policy and KVKK Clarification Text» available on the Platform.
7.2. The Seller undertakes that, as the data controller, it has taken and will continue to take all technical and administrative measures for the processing of personal data in accordance with the legislation. The Seller undertakes not to process personal data without obtaining the explicit consent of the Subscriber in cases where explicit consent is required for the processing of personal data.
7.3.Within the scope of protection of personal data, users’ bank or credit card information is not collected and stored in the Postuby system. Card information is stored by Iyzico, the authorized intermediary payment institution that provides secure payment.
8. PRIVACY NOTICE
8.1. You undertake to protect your privacy. Authorized employees within Postuby only use information collected from individual Users on a need-to-know basis. We are constantly reviewing our systems and data to provide the best possible service to our users. There are certain crimes for unauthorized actions against computer systems and data. We will investigate such acts with the aim of bringing compensation and/or civil action against those responsible.
9. PRIVACY
9.1. Any information regarding the User and related User records may be transferred to third parties. However, User records are considered confidential and therefore will not be disclosed to any third party other than our employees and, if legally required, to the appropriate authorities. Users have the right to request images and copies of any User records we maintain, but such request must be given reasonable notice to us. Users are requested to retain copies of any documents issued regarding the provision of our services. Where appropriate, for the benefit of both parties, we will provide the User with appropriate written information, notices or copies of records as part of an agreed upon agreement.
9.2. We will not sell, share or rent your personal information to any third party or use your email address for spam. All emails sent by Postuby will only be in connection with the provision of agreed services and products.
9.3 You agree that we have the right to have and complete statistical analyzes on your data and information arising from your or your Users’ use of the Service (excluding personally identifiable data). When we extract, compile, synthesize or analyze this data, we will only use it in anonymized, unidentified or aggregated form without specifying the source of the data. We collect such data for any legal purpose and without any accounting obligation to you.
We welcome your suggestions, comments, bug reports, feature requests or other feedback («Feedback»). We are not obligated to keep Feedback confidential, even if you tell us it is confidential. If you provide Feedback, you grant Postuby a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid license to use the Feedback for any purpose.
10. TERM AND TERMINATION OF THE AGREEMENT
10.1. This agreement is established as soon as the users confirm the membership process by filling in the login information on the registration form on the platform. This agreement will continue to exist until terminated by Postuby or the User.
10.2. The User can cancel this agreement at any time by deleting / removing the membership account via the My Account menu. The user accepts and declares that he/she knows that he/she will not be able to access the Site and the facilities provided to him/her and benefit from the existing subscription packages from the moment he/she deletes his/her account.
10.3. The user can suspend his membership account at any time through the My Account menu and activate his suspended account at any time. In case of suspension, this agreement remains valid, but existing subscription packages are canceled and no refund will be made. When the user reactivates his account, his rights in the canceled package are not transferred to the next subscription periods.
10.4. Postuby may terminate the services it provides on the Postuby platform, terminate this agreement and prevent users from accessing the platform, provided that it informs the users beforehand and in the presence of justified reasons.
10.5. In cases of termination of Postuby, except for just cause, Users can benefit from the services offered in the system until the expiration of the subscription package usage period.
10.6Postuby has the authority to terminate the subscription of the User immediately if the Users act contrary to the provisions stipulated in this agreement. In this case, the User cannot claim any rights and receivables, and Postuby may hold the User responsible for the losses incurred.
10.7. The user shall compensate the possible damages that Postuby may suffer due to their unlawful and unlawful behavior; In addition, Postuby accepts, declares and undertakes that it will cover all costs (including attorneys’ fees) of financial compensation claims and judicial processes.
11. EVIDENCE AGREEMENT
11.1. Subscriber, in all disputes that may arise from this contract, the commercial book records of the Postuby platform, databases, server and computer records and all electronic records will constitute definitive and sole evidence; accepts and undertakes that this article is a contract of evidence in accordance with article 193 of the Code of Civil Procedure.
12.NOTICE
12.1. All notices and warnings, notifications and correspondence between the user and Postuby arising from the implementation of this contract will be made through the registered e-mail addresses of the parties. The forms of notification stipulated by the law are reserved and are not within the scope of this article..
12.2.The fact that the user does not actively use the e-mail application or the sent e-mail does not reach him due to any technical problem (spam, etc.) does not matter in terms of the notification date. The date on which the relevant e-mail was sent by Postuby will be accepted as the notification date.
13. OFFICIAL AND AUTHORIZED COURT
13.1. In disputes arising from the implementation of this contract, the operation and activities on the Site, the competent court and consumer arbitration committee are the Istanbul Çağlayan courts and enforcement offices and the Consumer Arbitration Committees.
14. YÜRÜRLÜK
14.1.This contract consists of 10 articles and will enter into force with the Subscriber’s approval of the contract in electronic environment with the click wrap method, and will begin to have provisions and results..
14.2. The subscriber accepts that he has read and approved all the articles of the contract. A copy of this agreement has been sent to the Subscriber via e-mail.