Version: 1.1   |   Last Updated: 11.07.2025

1) Purpose and Definitions

This website has been established by the Yücel Cultural Foundation (“Foundation”) with the aim of supporting culture and the arts, and it operates on a non-profit basis. Therefore, it does not charge any commission or fees for the exchange of artworks.

It provides opportunities especially for young artists to exhibit their works, receive appreciation, and present their works to the market. All legal and financial responsibilities arising from the sale of artworks and the income generated from such sales belong solely to the individuals who earn the revenue. Users/Members who carry out commercial activities at a level that generates income must declare this activity to the relevant public authorities and fulfill their tax obligations. The Foundation does not request any commission or fees from such sales under any circumstances.

Definitions:

• Artwork: Any kind of visual art piece uploaded to the website by a User/Member.
• Workshop: A cultural, artistic, or personal development activity organized by a User/Member to take place on a specific date.
• Donation: A voluntary financial contribution made to the Foundation during actions such as uploading artworks, making offers, or creating workshops.
• Offer: A proposed purchase amount submitted by a User/Member for an artwork.

www.sanateserleri.org (“Website”) is a project developed by the Yücel Cultural Foundation to support art and artists. These Terms and Conditions (“Terms of Use”) are binding for all natural and legal persons who use the Website (“User”) or create a membership account (“Member”). By visiting or using the Website, the User/Member is deemed to have accepted these terms and any future updates announced and put into effect. Users/Members who do not accept the Terms must cease using the Website immediately.

The Foundation reserves the right to unilaterally make changes to these Terms of Use or to the information and content provided on the Website, provided that such changes do not violate the applicable laws. These changes shall become effective upon their announcement on the Website.

Clarification on Distance Selling

The Website serves solely as an intermediary platform for artists to promote their works and to communicate directly with other Users. Any relationship established between parties is independent, and the Foundation assumes no seller/consumer responsibility under distance selling regulations.

Tax Obligations

The User/Member acknowledges that they are solely responsible for any income tax, VAT, withholding tax, or other financial obligations arising from the sale of artworks or the organization of workshops.

Off-Platform Communication

The Foundation shall not be held liable for any legal, commercial, or criminal consequences arising from communication or transactions conducted outside the platform.

Violation Reporting Mechanism

Anyone who believes that any content constitutes a rights violation may report it to info@sanateserleri.org. The Foundation reserves the right to remove the content or to warn/block the User after evaluating the report.

2) Terms of Use and Obligations Regarding the Website

2.1. The User/Member agrees and undertakes to act in compliance with these Terms of Use, the laws of the Republic of Türkiye, applicable regulations, public order, and general moral and ethical standards in all transactions and communications while using the Website. The User/Member also agrees to refrain from any actions that may damage the reputation or infringe the personal rights of the Foundation and/or third parties, or that may constitute illegal or criminal behavior. The User/Member is solely responsible for all legal and penal consequences of the actions performed through the Website.

2.2. The User/Member may not use the Website for purposes that are against public order, general morality, or the law, nor in ways that disturb others or violate their rights. The User/Member is solely responsible for the legality of all actions taken within this context and acknowledges that the Foundation holds no responsibility for such actions.

2.3. The User/Member may not obstruct or hinder other Users/Members or visitors from using the Website; may not overload or crash servers or databases with automated programs, nor engage in misleading or fraudulent conduct. The User/Member is liable for all legal, penal, and administrative consequences arising from violations of this article.

2.4. The User/Member may not copy, reproduce, modify, process, publish, transfer to other databases, share with third parties, or otherwise use—partially or entirely—any content on the Website, including images, texts, videos, lists, catalogs, advertisements, announcements, data, content, design, code, software, or audiovisual elements.

Users/Members who upload artworks to the Website are required to respond—positively or negatively—to any price offer for their artwork within 48 hours. A copy of this response must also be sent via email to info@sanateserleri.org. If no response is received within this period, the artwork will be removed from display. To re-upload the artwork, the User/Member may be required to make a new donation in accordance with procedures determined by the Foundation.

Users/Members may create “workshops” in areas such as painting, sculpture, theatre, scriptwriting, dance, yoga, or other cultural, artistic, or personal development activities. If the workshop is paid, the fee collected from participants is accepted as a donation to the Foundation. After deducting a 4% service fee and issuing the necessary legal documents, the remaining amount is transferred to the User/Member organizing the workshop. No fee is collected for free workshops.

The User/Member who organizes the workshop is solely responsible for the content, validity, participant count, realization, and date of the workshop. The Foundation and the Website bear no responsibility for the effectiveness of the workshop, participant satisfaction, or similar matters. However, care is expected to be taken regarding scientific value and contribution to culture and the arts.

Users/Members organizing a workshop are obliged to conduct the workshop even if only one person registers. Otherwise, the contractual sanctions stated in this agreement (e.g., workshop cancellation, membership termination, forfeiture of the donation) may be applied. This is deemed to have been previously communicated to and accepted by the User/Member. The User/Member also accepts liability for any additional damages incurred by the Foundation due to failure to deliver the workshop.

2.5. The User/Member may not use the Website or its systems for reverse engineering purposes, attempt to break API protocols, or use robots, spiders, web crawlers, data mining software or systems to collect data, or access servers without authorization. If such illegal uses are detected, the Foundation may immediately block the user, cancel their membership, and pursue legal action.

2.6. All legal responsibility for the uploaded artworks lies with the User/Member who uploaded them. If any content involving violence, insults, discrimination, imitation, or pornography, or otherwise violating general moral standards or laws is detected, the Foundation may remove the artwork. In such cases, the User/Member has no right to make any claims.

While copyright of the exhibited works naturally belongs to the artist, the User/Member uploading the work grants prior consent for the artwork to be exhibited, displayed, and used for promotional or announcement purposes on the Website.

The Foundation does not guarantee that other users will comply with these Terms of Use and cannot be held responsible for disputes between users or third parties. The Foundation is not obliged to investigate the legality of the content or goods/services offered through such content.

2.7. The User/Member may set a sale price for their artwork or upload it for exhibition only. A donation of no less than 45 TL must be made to the Foundation for each displayed artwork. For artworks priced above 4,500 TL, 1% of the sales price is donated. In return, the artwork remains visible for 180 days; donations are non-refundable even if the artwork is removed for any reason.

Users/Members making an offer on an artwork must also make a donation of no less than 40 TL to the Foundation. For offers above 4,000 TL, 1% of the offer amount is donated. Donations are non-refundable regardless of whether an agreement is reached or the offer is withdrawn. The Foundation will only issue refunds where legally required; otherwise, donations are non-refundable.

The Foundation is not a party to or responsible for the sale, delivery, return, pricing disputes, or withdrawal of the buyer/seller regarding an artwork. These matters are resolved directly between the buyer and the artist.

2.8. The User/Member is responsible for the confidentiality of their password and other login information. The Foundation is not responsible for any damages resulting from sharing this information with third parties or unauthorized use. All actions taken with the username and password are considered to be performed by the respective User/Member.

The User/Member declares that they own all intellectual and industrial property rights related to the content they upload to the Website or that they have obtained full and valid licenses for such use. If a copyright infringement is detected, the content or relevant portion will be removed from the servers, and the User/Member agrees to make no objections or claims in this regard.

The Website is provided “as is,” and the Foundation makes no guarantees about uninterrupted or error-free use, nor about its fitness for a specific purpose. The Foundation cannot be held liable for technical failures, delays, data loss, or service interruptions.

2.9. The Foundation is not responsible for the content, services, or activities of third-party websites accessed through links provided on the Website.

2.10. The User/Member may not use another person’s IP address, email address, or username without permission, nor access other Users/Members’ confidential information. The User/Member is responsible for all legal and penal consequences arising from such conduct.

2.11. Information regarding events or schedules published on the Website does not constitute a guarantee that the events will be held. The Foundation cannot be held liable for cancellations or the content of such events.

2.12. The Foundation is not responsible for any accidents, injuries, cancellations, delays, or reduced performance occurring during workshops or in-person/online events. The User/Member organizing the event bears full responsibility for these matters.

3) Membership Procedures on the Website

3.1. A User who wishes to become a member of the Website must complete the membership form and declare that they accept these Terms of Use and any other applicable agreements and policies. Membership status is subject to the approval of the Foundation, which reserves the right to reject any application without justification.

3.2. During the membership application process, the User must declare that they are of legal age (18 or older) or that they are completing the process with the knowledge and consent of their legal guardian. The Foundation cannot be held liable for any misrepresentation in this regard. Individuals under the age of 18 may upload artworks or organize workshops only under the supervision and legal responsibility of their parent or guardian. The Foundation shall not be held liable for any consequences arising from actions carried out by minors without the knowledge of their legal representative.

3.3. The Foundation reserves the right to terminate any membership or reject a new membership application at its sole discretion, without providing any reason. In such cases, the User/Member may not make any claims against the Foundation.

3.4. In the event of membership cancellation, any donations previously made by the User/Member will not be refunded; however, the Foundation reserves the right to process refunds in cases where it is legally required to do so.

4) Intellectual Property Rights

4.1. All intellectual property rights related to the brand, logo, interface, listing and content databases, design, text, images, HTML code, and all other components of “www.sanateserleri.org” belong to the Foundation. The User/Member may not reproduce, distribute, copy, display, modify, or use any of these rights or content for commercial or personal purposes without the prior permission of the Foundation.

4.2. If a User/Member acts in violation of this clause, their access to the Website may be terminated and legal action may be taken against them. In the event of an infringement, the User/Member shall be held liable for any material or moral damages incurred by the Foundation and/or third parties.

5) Protection of Personal Data

5.1. The User/Member acknowledges that the contact information of workshop organizers may be shared with those who make a participation donation; the contact information of participants may be shared with the workshop organizers; the contact information of those who exhibit artworks may be shared with those making offers; and vice versa. This information sharing is conducted to enable the core functionality of the Website and to improve user experience.

The User/Member agrees not to misuse the obtained contact information or share it with third parties for purposes other than intended. Otherwise, the User/Member shall be solely responsible for any damages incurred; the Foundation cannot be held liable. The Foundation reserves the right to take legal action if necessary.

5.2. The User/Member’s IP address, browser type, cookie data, and other usage statistics may be processed by the Foundation for purposes of security, operational execution, development, and marketing. The User/Member consents to the lawful use of such data. For more detailed information, please refer to the Privacy and Data Protection Policy. The User/Member may, at any time, submit data deletion, correction, or access requests under the Personal Data Protection Law (KVKK) to info@sanateserleri.org or via other communication channels to be designated by the Foundation.

5.3. The Foundation may use cookies to offer customized content and advertisements to the User/Member. The User/Member may remove or reject cookies; however, this may result in limited access to certain features of the Website.

5.4. Personal data will not be transferred to third parties without the explicit consent of the User/Member, except in cases required by legal obligations, user safety, legislative mandates, or legal processes.

After membership is terminated, the User’s personal data is retained for the duration prescribed by the Personal Data Protection Law and then deleted or anonymized.

5.5. The User/Member agrees to receive information via email, SMS, or other communication channels regarding free or paid workshops, events, and similar activities organized by the Foundation, and consents to the use of their contact details for this purpose. The User/Member may withdraw this consent at any time by sending a written notice to info@sanateserleri.org. Such communications are based on explicit consent. However, in cases where consent is not required under applicable legislation, the provisions of Law No. 6698 on the Protection of Personal Data (KVKK) shall apply.

The User/Member may access detailed information on the processing of personal data through the Privacy and Data Protection Policy page.

6) Changes to the Terms of Use

The Foundation reserves the right to unilaterally amend these Terms of Use, provided that such amendments do not conflict with applicable legislation. Changes may be announced on the Website or communicated to the User/Member via email or in-site notifications. These changes shall take effect immediately upon their announcement or notification. By continuing to use the Website, the User/Member is deemed to have accepted the amended terms.

7) Force Majeure

Natural disasters, severe weather conditions, war, fire, government decisions, infrastructure and internet failures, system maintenance or updates, and other unforeseeable events beyond the Foundation’s control shall be considered force majeure. In such cases, the Foundation may be unable to fulfill some or all of its obligations and shall not be held liable.

8) Miscellaneous Provisions

8.1. The User/Member agrees that, in the event of any dispute, the Foundation’s records—whether in written, digital, or microfilm format—shall constitute valid and binding evidence in accordance with Article 193 of the Turkish Code of Civil Procedure (HMK).

8.2. If any clause or provision of these Terms of Use is deemed invalid or unenforceable, this shall not affect the validity of the remaining provisions.

8.3. These Terms of Use are governed by the laws of the Republic of Türkiye. In the event of any disputes between the parties, the courts and enforcement offices of Istanbul shall have exclusive jurisdiction.

8.4. The Foundation’s failure to exercise any of the rights specified in these Terms of Use shall not be interpreted as a waiver of such rights.

9) Enforcement and Acceptance

These Terms of Use enter into force as of the moment they are published on the Website. By using the Website and/or completing the membership process, the User/Member is deemed to have accepted the provisions of this agreement. The Foundation may announce changes by publishing them on the Website or notifying the User/Member. Such changes take effect from the date of publication or notification.

The Turkish version of this agreement shall prevail. Translations into other languages are provided for informational purposes only; in the event of a discrepancy, the Turkish text shall be deemed authoritative.

The most recent version of this agreement can be accessed at https://sanateserleri.org/terms.