1) Purpose
This website has been established by Yücel Cultural Foundation with the aim of supporting culture and art. It operates without any profit motive. Therefore, it does not charge any commission or fee for the exchange of works.
It specifically provides opportunities for young artists to exhibit their works, receive appreciation, and present their works to the market. The sale of artworks by artists or individuals contributing their works to this platform, earning income from such sales, and the associated legal responsibilities are entirely the responsibility of the individuals generating income.
These Terms and Conditions shall apply to the "User" and "Member" using the website www.sanateserleri.org ("Website"). www.sanateserleri.org is a project developed by Yücel Cultural Foundation to support art and artists, and Yücel Cultural Foundation will be referred to briefly as the "Foundation" in this agreement.
All natural and legal persons visiting or using the Website ("User") and/or becoming a member of the Website ("Member"), hereby acknowledge, declare, and undertake that, as Users and Members, they have read the entirety of these Website Terms and Conditions, fully comprehend its content, accept the conditions specified herein, as well as any future versions that may be announced and amended through the Website, and all other provisions, terms, and regulations presented on the Website; and they further agree not to raise any objections or oppositions in this regard.
These Terms of Use are published on the Website in a manner that enables access for all natural and/or legal persons using the Website. In the event that the User or Member does not accept the provisions set forth in these Terms of Use, they must refrain from using the Website.
Yücel Cultural Foundation reserves the right to unilaterally modify these Terms of Use and the information and content on the Website, provided that it does not violate the provisions of the current legislation. The Foundation may announce such changes on the Website, add new regulations to the Terms of Use, include additional information and content on the Website, restrict access to third parties, and/or delete existing content. The Foundation may exercise this right at any time and in any manner without the need for prior notice. Changes to the Terms of Use and the information and content on the Website will take effect as of the moment they are announced on the relevant Website. Unchanged provisions will remain in effect and continue to produce legal consequences.
2) Terms and Obligations Regarding the Use of the Website
2.1. The User/Member undertakes, during the use of the Website, to act in accordance with these Terms of Use, the laws of the Republic of Turkey, all applicable regulations, public order, and general moral and ethical standards. The User/Member acknowledges, declares, and commits to refrain from engaging in any transaction, correspondence, or action that may damage the reputation of the Foundation and/or any other third-party natural or legal persons, violate personal rights, possess illegal qualities, constitute a criminal offense, and accepts legal and criminal responsibility for all transactions conducted through the Website.
2.2. The User/Member shall not use the Website in any manner that disrupts public order, contravenes general morality, causes annoyance to others, or serves an unlawful purpose, infringing upon the rights of others and/or resulting in such consequences. In this regard, the User/Member is obligated to conduct any transaction through the Website for lawful purposes. The User/Member acknowledges and agrees that they are personally responsible, both legally and administratively, for any and all transactions and actions carried out through the Website. Furthermore, the User/Member understands and accepts that the Foundation shall not be held accountable for such transactions and actions.
2.3. The User/Member shall not engage in any actions that hinder or complicate the use of the Website by other Users, Members, or visitors. They are prohibited from loading or exerting pressure on servers or databases through automated programs, locking or manipulating them, and engaging in deceptive and/or fraudulent behavior or attempts. Any legal, criminal, or administrative responsibilities arising from the violation of the provisions stated in this article shall be the sole responsibility of the User/Member.
2.4. The User/Member may not partially or entirely copy, alter, reproduce, distribute, share, process, create derivative content using, compile, directly or indirectly publish on other platforms, transfer to other databases, or grant access to and use by third parties any images, texts, videos, lists, catalogs, promotional materials, advertisements, information, content, design, code, and software found on the Website, as well as any information or content within the database, including visual and auditory images. Additionally, the User/Member is prohibited from engaging in actions that may lead to such consequences, including providing links to advertisements on the Website.
Those who upload their works to the Website are required to respond within 48 hours to the price offer sent to them in response to the demand for their works, either positively or negatively. A copy of this response is to be sent via email to info@sanateserleri.org. Failure to comply with this condition will result in the removal of their works from the platform.
Establishment of Workshops:
Users/Members can create instructive workshops related to arts and culture, or those supporting personal development, such as painting, sculpture, acting, screenplay writing, dance, yoga, etc.
Users/Members can open their workshops by making a donation to the Foundation. They can announce and encourage other Users/Members to participate in these workshops. If the workshop has a fee, the participants will contribute this fee as a donation to the Foundation. The User/Member who created the workshop will receive a service fee equivalent to 4% (four percent) deducted from the total amount, provided in legal documents. If the workshop is free, no fee will be charged to the participants and/or the User/Member who created the workshop.
The Foundation values the scientific and cultural contribution of workshops; however, the Website or the Foundation is not concerned with whether the workshop is certified, whether it is conducted face-to-face or online, the number of participants, its effectiveness, participant satisfaction, duration, participation fee, and similar matters.
Users/Members who open workshops must conduct the respective workshop, even if only one participant registers. They are deemed to have accepted the guarantee and penalty clauses outlined in this agreement. Failure to fulfill the promised workshop may result in punitive measures against them.
2.5. Altering, damaging, or unauthorized use of the Website or any part thereof, attempting to reverse engineer, attempting to break API protocols through any method, interfering with the operation of the Website systems, using any tool, software, or method for such purposes, unauthorized access to portal parameters or sharing these parameters with third parties, using robots, spiders, web crawlers, automated programs, data crawling, data mining, screen scraping software or systems, using automatic devices or manual processes, attempting to access other Users/Members' data or software without permission, attempting to hinder, disrupt, or interfere with the communication or technical systems of the Website, and using the Website, its content, or systems in any way beyond the limits specified in these Terms of Use is illegal and prohibited.
In the event of such a situation being identified, the Foundation may terminate the User/Member's access to and use of the Website and may prevent the Website from being used by that User/Member. In accordance with this clause, in case of misuse contrary to the conditions specified in the Terms of Use and/or legal regulations, the Foundation reserves all rights, including the right to file lawsuits, pursue legal actions, and submit complaints to competent authorities arising from laws and other legislation. The User/Member acknowledges that they are personally responsible, both legally and administratively, for any damages and claims arising from such uses against the Foundation and/or other individuals/entities.
Responsibilities Regarding Artwork Credits:
The responsibility for the accuracy of the information provided on the Website regarding uploaded works lies with the User/Member who uploaded the work. Uploaded works cannot contain content restricted by laws. If the works contain subjects contrary to general morality and laws, such as violence, defamation, discrimination, imitation, pornography, these works will be removed from the Website. Members whose works are removed from publication or restricted for the above reasons cannot claim any rights.
While all copyright for the works displayed and/or to be displayed on the Website naturally belongs to the creator User/Member, the User/Member, by uploading their data to the Website, automatically grants permission for the information and visuals within this data to be displayed, accessed, published, and used in promotions and announcements on the Website, without the need for separate permission, starting from the moment the data is uploaded. The User/Member acknowledges and declares this acceptance.
2.7. The Foundation cannot guarantee or commit that any User/Member will act in accordance with these Terms of Use and/or the Membership Agreement, and it cannot be held responsible for any claim, damage, or demand arising from the use of the Website. The Foundation is not obliged to inspect any content provided, investigate whether any illegal activity or situation related to the content or the product/service in question exists.
Financial Matters and Pricing:
Artwork-owning Users/Members can set a selling price for their artworks or simply display them on the Website without offering them for sale. Users/Members are expected to make a donation to the Foundation for each artwork they wish to be displayed on the Website, with a minimum of 45 TL. (For artworks listed at prices above 4.500.-TL, 1% of the price of the artwork will be donated.) In return, the artwork will be exhibited on the Website for 180 days (at a daily rate of 25 cents). If an artwork is removed from display on the Website for any reason, the donation made cannot be refunded.
Users/Members who place bids on artworks also make a donation to the Foundation for each artwork they bid on, with a minimum of 40 TL. Regardless of whether an agreement is reached with the artwork owner, the bidder withdraws their bid, or under any similar conditions, donations made will not be refunded. All donations are used by the Foundation to ensure the continuity of the Website.
The Foundation cannot be held responsible for disputes between Users/Members acting as buyers and sellers, misinformation by the seller, pricing, withdrawal, defects in the artwork, delivery issues, return conditions, and similar matters. The buying and selling of exhibited artworks are between the buyer and the artist Users/Members. The Foundation cannot charge any commission or fee under any name for the sales process.
The terms of delivery for sold artworks and the method of payment will be decided between Users/Members themselves. The Foundation and the Website have no responsibility in this regard.
Refund of Donations:
Donations made by Users/Members, whether through virtual POS, credit card transactions, or in cash as part of campaigns on the internet, are transferred to the Foundation to support the continuity of cultural and artistic activities. Therefore, the cancellation or partial refund of these donations is not possible.
2.8. The User/Member is exclusively responsible for the confidentiality and security of the password and information used to access the Website. The right to use such information and passwords belongs solely to the respective User/Member, and the User/Member agrees, declares, and undertakes not to share this information and password with third parties, whether individuals or legal entities, and/or other organizations. The Foundation shall not be liable in any way for any damages that may arise from the User/Member's failure to comply with this obligation, either towards the User/Member or third parties. The User/Member acknowledges, declares, and undertakes that transactions carried out with their username and password are deemed to be performed by themselves, that they bear the responsibility arising from these transactions in advance, and that they will not raise any defense or objection based on not having carried out these transactions or refusing to fulfill their obligations based on such defense or objection.
Intellectual Property and Infringement:
Users/Members hereby acknowledge and undertake that they are the sole and exclusive owners of all intellectual and industrial property rights, including but not limited to reproduction, distribution, processing, trademark, sound, and/or image transmission tools for the content, as well as the related rights arising from being a producer and/or performer, and the personal rights of image/sound/content owners, in connection with any element constituting intellectual and industrial property in the content. Users/Members declare, accept, and commit in writing, without any limitation in time and unconditionally, that they have acquired, obtained permission from, and are the sole and exclusive owners of the aforementioned rights, whether derived from employees, relevant work or rights holders, or their affiliated professional associations, in accordance with the health conditions regulated in Articles 48 and 52 of the Turkish Copyright Law (FSEK). They further declare that they have the ability and legal authority to transfer these rights to third parties in any form, including but not limited to products, platforms, materials, organizations, and media worldwide.
Users/Members acknowledge and undertake that they bear all responsibility for the payment of any fees due to professional associations for the works, and that the rights mentioned are within their own domain. They expressly acknowledge and undertake that there are no restrictions, financial or otherwise, or any commercial rights of any third party directly or indirectly over these rights, under any name or title. The Internet Site does not allow copyright infringements in the texts and other content that will be featured on the website. In the event of a copyright infringement, upon notification to the Internet Site administration and verification of the said infringement, the portion of the content related to the infringement will be deleted from the servers. Users/Members have no right to make any requests or objections regarding the deletion procedures carried out.
Please note that this translation is for informational purposes only and it's advisable to consult with a legal professional for accurate and context-specific translations.
2.9. The Internet Site and the content of the Internet Site are provided "as is" and "as available." The Foundation makes no warranty or commitment regarding the error-free or uninterrupted operation of the Internet Site. Additionally, the Foundation disclaims any responsibility for the suitability of the Internet Site, as well as any liability for the User/Member's inability to achieve a specific result as a result of accessing or using the Internet Site. The Foundation cannot be held responsible for interruptions to the Internet Site, any delays, malfunctions, failures, or data losses, including but not limited to, any downtime or issues experienced on the Internet Site.
2.10. The Foundation disclaims any responsibility for other websites and portals accessed through links provided on the Internet Site, as well as for the content and services offered on these portals.
2.11. The User/Member acknowledges that during the access to the Internet Site, they shall not use another person's IP address, email address, username, or other information, and they shall not unauthorizedly access or use the confidential information of other Users/Members. In the event of any violation, the User/Member accepts full legal and criminal responsibility.
2.12. The Foundation does not make any commitment regarding the content, occurrence, or any other aspect of events listed in the event calendars published on the Internet Site. There is no obligation on the part of the Foundation concerning these events, and the Foundation cannot be held responsible for any claims arising from such events.
3) Internet Site Membership Procedures
3.1. Users who wish to become members of the Internet Site must complete the necessary procedures for membership through the Internet Site. It is not possible to obtain the status of a Member and possess the rights and privileges associated with Member status without completing these procedures and steps.
3.2. The Foundation has the authority to determine certain conditions for acquiring Member status and joining the Website, modify the established conditions, add new ones, and retains the discretion to accept or reject membership even if all conditions are fully met. The Foundation reserves the right to reject a Membership application without providing any reasons, and the User whose Membership application is not accepted hereby expressly acknowledges, declares, and undertakes that they will not make any claims or demands against the Company.
3.3. The Foundation reserves the right to terminate membership without specifying any reasons when deemed necessary. Additionally, the Foundation may reject a Membership request from a user whose membership has been terminated. In such cases, no claims or demands can be asserted against the Foundation.
4) Intellectual Property Rights
4.1. The Foundation owns all intellectual property rights, including but not limited to the "www.sanateserleri.org" brand and logo, the Internet Site named "web site," interface, advertisement database, content database, design, text, image, HTML code, and other codes, as well as all elements of the Internet Site's design, software, and any and all trademarks, logos, designs, trade presentation formats, slogans, and other content created or to be created by the Foundation within this framework. The Foundation strictly prohibits any User, Member, or any third party from obtaining, processing, using, sharing, displaying, reproducing, distributing, copying, using in domain names, redirect codes, keywords, or similar forms, making accessible to third parties, and/or conducting any work that includes any intellectual property rights, copyright, trademark, or design rights owned by the Foundation and/or any content contained on the Internet Site in any way whatsoever.
In this context, the User and Member hereby undertake, declare, and commit, in a legally binding manner, that their activities conducted through the Website will not infringe upon the Foundation's intellectual property rights. They expressly disavow engaging in any action of the specified nature or any conduct that may result in such infringement. The User and Member pledge to refrain from any behavior that could compromise the Foundation's rights, and unequivocally accept, declare, and guarantee that they will not partake in any act that may encroach upon these rights.
4.2. In the event that the User and Member fail to fulfill their obligations as stated in Article 4.1 for any reason, the Foundation reserves the right to terminate the User and Member's access to the Website and may prevent their further use of the Website. Furthermore, the Foundation retains all legal rights arising from laws and other regulations, including but not limited to any lawsuits, complaints, proceedings, and demands. In the case of a violation, the User and Member shall be held responsible for any material or moral damages incurred by the Foundation and/or any third parties.
5) Protection of Personal Data
5.1. The User acknowledges and accepts that through sanateserleri.org, contact information of individuals opening workshops will be shared with those making workshop participation donations, contact information of workshop participants will be shared with individuals opening workshops, and contact information of individuals displaying their artwork on sanateserleri.org will be shared with users making offers for the artwork. Both parties declare and confirm with their explicit consent that this information sharing is necessary for the fundamental functioning of sanateserleri.org, enhancing user experience, and facilitating participation in events. Sanateserleri.org processes and shares the information obtained for these purposes within the legal framework and with the explicit consent of its members. The User commits to not misuse the obtained contact information and agrees not to use this information for purposes other than its intended use. Misuse includes, but is not limited to, attempting to use contact information for purposes contrary to its intended use, sharing with third parties or institutions without permission, using it to send spam, unwanted advertisements, or other disturbing messages, using it to harass or intimidate another user, engaging in illegal activities, accessing or stealing another user's account without authorization.
sanateserleri.org shall not be held responsible for any damage or loss arising from the misuse of user contact information. In cases of such misuse, the User assumes full responsibility and bears the legal consequences. The sharing of personal information will only occur without the user's consent in exceptional situations such as compliance with legal regulations, ensuring user security, responding to legal requests, or protecting the secure operation of sanateserleri.org.
5.2. The User and Member acknowledge and consent that data related to the use of the Website, such as IP address, date/time information regarding the visited sections of the Website, browser type, domain type, and cookie records, may be used, recorded, stored, classified, preserved, shared, transferred, disclosed, and processed in various ways by the Foundation. The Foundation shall take necessary measures to protect the privacy of such data and comply with legal principles regarding the processing of personal data.
For purposes such as ensuring User and Member security, fulfilling obligations, conducting promotional and marketing activities, carrying out informative communication activities, performing profiling and statistical studies, offering personalized proposals and products based on habits and preferences, managing request and complaint processes, conducting necessary evaluations and research for improving its processes, creating a database, and conducting market research, the Foundation may personally process the data related to User and Member usage of the Website. Additionally, the Foundation may transfer this information to companies with which it collaborates, and in such cases, User and Member information may be processed by these companies for the limited purposes mentioned above.
5.3. In order to display personalized content to the User and Member and engage in online behavioral advertising and marketing activities, the Foundation may place small data files (commonly known as "Cookies") on the Website through technical means (such as viewed page count, visit duration, completion of objectives, User and Member behaviors, etc.) to record and collect certain data. The User and Member have the option to remove or reject cookies; however, in such cases, access to all functions of the Website may be limited or restricted.
6) Changes to Terms of Use
The Foundation reserves the right to unilaterally amend these Terms of Use at its sole discretion at any time, provided that such amendments do not violate the applicable legal regulations. Any changes to these Terms of Use will be announced on the Website. The amended provisions of these Terms of Use will become effective as of the moment they are announced on the Website, while the remaining provisions will continue to be in full force and effect.
7) Force Majeure
Natural disasters, adverse weather conditions, war, fire, decisions taken by the government, infrastructure and internet failures, improvement, update, or renewal works related to the system, and any other unforeseeable events beyond the control of the Foundation, limited to those mentioned, shall be considered as force majeure.
8) Miscellaneous Provisions
8.1. In the event of any dispute, the User acknowledges, declares, and commits that the Foundation's books and all records (including computer records, as well as documents such as microfilm and microfiche) will constitute valid and exclusive evidence, and this provision shall be deemed as an evidentiary agreement within the meaning of Article 193 of the Law on Civil Procedure No. 6100
8.2. In the event that any provision or clause of these Terms of Use is deemed invalid or unenforceable, the remaining provisions and clauses shall continue to be fully valid and enforceable.
8.3. Any disputes arising from these Terms of Use shall be subject to the laws of the Republic of Turkey and other applicable regulations. In the resolution of all disputes that may arise between the parties regarding the interpretation or implementation of these Terms of Use, the competent authorities shall be the Istanbul Courts and Enforcement Offices.
8.4. The fact that the Foundation does not exercise any of the rights mentioned in these Terms of Use shall not be construed as a waiver of such right, nor shall it prevent the exercise of that right at a later time.
9) Effectiveness and Acceptance
These Terms of Use will enter into force as of the moment they are published on the Website by the Foundation, and any changes made to the Terms of Use will similarly be binding for the User/Member as of the moment they are published on the Website. By using the Website, the User/Member acknowledges having accepted these Terms of Use and any changes made to the Terms of Use.