Membership Agreement

Parties

a) Şeyma Tuna Tekstil Ticaret ve Sanayi Şahıs Şirketi (Trade Registry Number: 46486504120) located at Tekeler Mah. 1068 Nolu Sk. A Blok No: 9 İç Kapı No: 3 Adapazarı / Sakarya, operating the website www.myoshikids.com (hereinafter referred to as “Myoshi Kids”); and

b) The internet user who is a member of the website www.myoshikids.com (“Member”).

Subject of the Agreement

The subject of this Agreement is to determine the general usage terms, rules, membership benefits, and legal responsibilities of the website www.myoshikids.com owned by Myoshi Kids.

Any real and/or legal person who accesses the Site in any way or benefits from the services provided on the Site is deemed to have read the entirety of this agreement (hereinafter referred to as the “Agreement”), understood its content fully, and accepted all its provisions.

The services provided on this Site are offered by Myoshi Kids, which is the legal owner of the Site, and all usage and disposition rights on the Site are exclusively reserved by Myoshi Kids.

Definitions

Service/Services: The applications provided by Myoshi Kids to enable Members to carry out the tasks and transactions defined in this agreement.

Website: The website (‘‘Site’’) accessible at the domain www.myoshikids.com, where Myoshi Kids offers the services specified in this agreement.

Member/Members: Real or legal persons who are members of the website and benefit from the content, applications, and services offered on the Website.

Link: The connection that allows access to content, other websites, or computer applications from the Site.

Rights and Obligations of the Parties

  1. The Site is open to all its members. Unless otherwise stated, the services provided on the Site are free of charge.

  2. The Member declares and undertakes that the personal and other information they provide while signing up for the website www.myoshikids.com is true before the law and that they will immediately compensate Myoshi Kids for all damages incurred due to the inaccuracy of this information. The Member acknowledges and undertakes that all activities conducted on the Site can only be utilized by individuals with legal capacity as defined by law and legally deemed adults (primarily those over the age of 18), and that minors (primarily those under the age of 18) can only transact through their legal representatives; otherwise, Myoshi Kids will not bear any responsibility.

  3. The Member cannot share the password provided to them by Myoshi Kids with other persons or entities, and the right to use the said password belongs exclusively to the Member. Therefore, the Member is responsible for all consequences arising from the unauthorized use of their password and any claims or demands that may be raised against Myoshi Kids by third parties or authorized authorities. Myoshi Kids reserves the right to seek compensation and other claims arising from such unauthorized use.

  4. The Member agrees and undertakes in advance to comply with the legal regulations while using the website www.myoshikids.com and not to violate these regulations. Otherwise, all legal and penal responsibilities will bind the Member solely and exclusively.

  5. The Member cannot use the website www.myoshikids.com in any way that disrupts public order, violates general morality, disturbs or harasses others, for unlawful purposes, or infringes on the intellectual and copyright rights of others.

  6. Additionally, the Member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

  7. The opinions and thoughts expressed, written, or used by the Members on the website myoshikids.com and/or about the website are entirely the personal opinions of the Members and bind the opinion holder. These opinions and thoughts have no connection or association with Myoshi Kids. Myoshi Kids is not responsible for any damages that third parties may incur due to the opinions and thoughts expressed by the Member, nor for any damages that the Member may incur due to the opinions and thoughts expressed by third parties.

  8. Myoshi Kids will not be responsible for the unauthorized reading of Member data and for any damage that may occur to Member software and data. The Member accepts in advance not to claim any compensation from Myoshi Kids for any damage they may incur due to the use of the website www.myoshikids.com.

  9. The Member agrees not to access or use other internet users' software and data without authorization. Otherwise, all legal and penal responsibilities arising from such unauthorized use will bind the Member solely and exclusively.

  10. The Member who violates one or more of the articles listed in this membership agreement will be personally responsible for the legal and penal consequences of such violations and will keep Myoshi Kids free from the legal and penal consequences of these violations. Additionally, if the violation is brought to the legal field, Myoshi Kids reserves the right to claim compensation from the Member for non-compliance with the membership agreement.

  11. Myoshi Kids reserves the right to unilaterally delete the membership and delete the files, documents, and information belonging to the customer when deemed necessary. The Member accepts this disposition in advance. In this case, Myoshi Kids will not bear any responsibility. Myoshi Kids reserves the right to decide whether to delete any records associated with a user account terminated by Myoshi Kids or the Member. The user cannot claim any rights or compensation for deleted records.

  12. Membership cancellation and account deletion can be performed by the user through the website www.myoshikids.com. The access authority to the account on the site will be terminated for the user who ends their membership.

  13. Members are responsible for their interactions with each other and/or with third parties.

  14. Specific rules or obligations may be specified in certain areas of the site. Persons and entities using these sections are deemed to have accepted these rules in advance.

  15. The software and design of the website myoshikids.com, as well as all visual content including any trademarks, are the property of Myoshi Kids and are protected by relevant copyright and/or other intellectual property rights laws. These cannot be used, acquired, or modified by the Member without permission.

  16. Certain information such as the name of the Internet service provider used to access the site, the IP address, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that provides direct connection to the site can be collected in accordance with the Personal Data Protection Law No. 6698 to improve and develop the website www.myoshikids.com and/or within the framework of legal regulations.

  17. Myoshi Kids may disclose the Member's personal information if required by law or if it is necessary to: (a) comply with legal requirements or respond to legal processes served on Myoshi Kids; (b) protect and defend the rights or property of Myoshi Kids and the Myoshi Kids website family, in good faith.

  18. Measures have been taken within the available possibilities to ensure that the Myoshi Kids website is free from viruses and similar software. However, for ultimate security, the Member is required to procure their own virus protection system and provide necessary protection. In this context, the Member is deemed to have accepted that they are responsible for all errors and their direct or indirect consequences that may occur in their software and operating systems due to accessing the Myoshi Kids website.

  19. Myoshi Kids reserves the right to change the content of the Site, change or terminate any services provided to Members, or delete registered user information and data on the Myoshi Kids website when the membership agreement is terminated or canceled.

  20. Member information is tracked by Myoshi Kids to provide better service. This information can be shared with companies with which it collaborates for advertising, marketing, credit card, and membership applications, etc., provided that it adheres to confidentiality conditions and complies with the Personal Data Protection Law No. 6698. The purpose is to improve the experience offered to users of the site and to develop the website www.myoshikids.com.

  21. A Member cannot have more than one account. If it is determined that there are multiple accounts, Myoshi Kids has the sole discretion to close/freeze the fraudulent accounts without notification. The gains obtained by the Member through multiple accounts are not protected, and if the violation occurs multiple times, it will be considered a material breach of the Membership Agreement, granting Myoshi Kids the right to resort to measures including termination of membership.

  22. Myoshi Kids may change, update, or cancel the terms of the Membership Agreement at any time without prior notice. Each updated, amended, or abolished provision will be effective as of the publication date for all Members.

  23. The parties accept and declare that all computer records belonging to Myoshi Kids will be taken as the sole and true exclusive evidence in accordance with Article 193 of the Code of Civil Procedure and that these records constitute an evidence contract.

  24. In the event of any changes, Myoshi Kids will publish the updated terms of use on the same link with the new date update on its site, and if deemed necessary, will notify its users via email. The renewed current terms of use will be effective as of the moment they are published on www.myoshikids.com, and the use of the website www.myoshikids.com or its services will be subject to the renewed terms of use as of that moment.

  25. The Member accepts that they will be deemed to have accepted all provisions of this Membership Agreement from the moment they start benefiting from the service and that the Agreement will be binding on them. The Member accepts to compensate Myoshi Kids for any damages it may incur due to the Member's breach of obligations assumed under this Agreement. Myoshi Kids reserves the right to recourse to the Member for any compensation and/or administrative and/or judicial fines that it may have to pay to public institutions and/or third parties due to the Member's breach of the Agreement.

  26. The Member can write their petitions, suggestions, and complaints about Myoshi Kids through the Site. The Member solely and exclusively accepts responsibility for any damages that Myoshi Kids or third parties may incur due to any opinions and views that the Member will express through the Site. Myoshi Kids cannot be held responsible for any lost or missing information, messages, and files sent to the wrong address during the use of the services. The Member accepts that they are solely and exclusively responsible for compensating Myoshi Kids for any damages that may occur due to such circumstances.

  27. Myoshi Kids can temporarily suspend or completely stop the system's operation at any time. Myoshi Kids has no responsibility towards Members or third parties for the temporary suspension or complete cessation of the system's operation.

  28. Links to other websites and/or other content that are not under the control of Myoshi Kids and/or owned or operated by other third parties may be provided through the Site. These links are provided to the Member for convenience only and do not constitute any endorsement of any website or the person operating that site, nor do they provide any guarantee regarding the information contained in the linked website.

Termination of the Agreement

This agreement will remain in effect until the Member cancels their membership or Myoshi Kids cancels the membership. Myoshi Kids may terminate the agreement unilaterally by canceling the Member's membership if the Member violates any provision of the membership agreement.

Resolution of Disputes

In disputes arising from this agreement, the courts and enforcement offices of Adapazarı will have jurisdiction.

Notification Addresses

The electronic mail address provided by the Member to Myoshi Kids is considered the legal address where any notification related to this agreement will be requested.

The parties accept that unless they notify the other party in writing of changes to their existing electronic mail addresses within 3 (three) days, requests made to their old electronic mail addresses will be valid and will be considered to have been made to them.

Any notification made by Myoshi Kids to the registered electronic mail address provided by the Member will be considered to have been delivered to the Member 1 (one) day after the electronic mail is sent by Myoshi Kids.

Force Majeure

The term “force majeure” will be interpreted as events that are beyond the reasonable control of the relevant party and that could not be prevented despite necessary care, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and bad weather conditions. In all cases deemed force majeure, Myoshi Kids is not liable for the late or incomplete performance or non-performance of any of its obligations under this Agreement. Such situations will not be considered a delay, incomplete performance, or non-performance, or default for Myoshi Kids, and the Member cannot claim any compensation from Myoshi Kids for such situations.

Enforcement

The Member's registration as a member indicates that they have read all the articles of the membership agreement and accepted the terms stated in the membership agreement. This Agreement is deemed to be concluded and mutually effective at the moment the Member becomes a member.