This Membership Agreement (shortly to be referred to as the "Agreement") has been executed by and between Semi International Ltd. (shortly to be referred to as "Asktrology") and the real person registered to the Asktrology Application under the terms and conditions stated under this Membership Agreement (shortly to be referred to as the "Member") upon being mutually agreed immediately at the time the Member has approved the Agreement in the electronic environment.
The Member acknowledges, represents and undertakes that he/she has read the whole of this Agreement, understands the content in its entirety and approves all its provisions.
Asktrology: The Brand
Asktrology Application: Shall mean the mobile application named "Asktrology", the web site named asktrology.com and the mobile site,
Member(s): Real person (persons) who have registered to the Asktrology Application with the methods determined by Asktrology and who utilizing from the services offered in the Asktrology Application under the conditions specified in this Agreement,
Astrologer(s): The astrologers providing service to the members on the Asktrology Application,
Asktrology Service/Services: Answering the questions of the Members related to astrology in written form or by video talk over the internet by Asktrology, providing various services to the Members by the Astrologers including but not limited to sharing information with the Members related to astrology and furthermore providing an internet domain for sharing written/visual contents about astrology by third parties other than the Astrologers and third parties other than Asktrology,
System Access Tools: The user name and password, etc. information only known by the Member and enabling access to the Asktrology Application,
3. THE SUBJECT MATTER AND SCOPE OF THIS AGREEMENT
The subject matter of this Agreement is the determination of the services to be provided by Astrologers in the Asktrology Application and the conditions for the utilization of the Services for which an internet domain shall be provided only by Asktrology as well as the determination of the rights and liabilities of the Parties.
The scope of this Agreement is the statements such as various warnings, texts and explanations to be provided by Asktrology related to the membership and services as well as the usage contained in the Asktrology Application and in the Agreement and its annexes. By accepting the provisions of this Agreement, the Member agrees any statements made by Asktrology related to the membership and services as well as the usage contained in the Asktrology Application.
4. CONDITIONS TO UTILIZE THE SERVICES
4.2. One should turn eighteen years of age in order to become a member.
4.3. The Persons whose membership account has been closed by Asktrology as per the provisions of the Agreement shall not be considered as a Member and will not be able to utilize the Services.
5. RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. The Member agrees, represents and undertakes to comply with all the terms and conditions contained in the Agreement and its annexes, to act in accordance with the rules and regulations in force as set forth in the relevant sections of the Asktrology Application and that he/she has understood all conditions and rules stated under this Agreement and its annexes while the Member is performing its membership procedures, benefiting from the Services and/or performing any transaction on the Asktrology Application.
The Member, upon approving this Agreement, shall be deemed to agreed to act in accordance with any and all statements, warnings, texts and explanations described by Asktrology in connection with the use, membership and services contained within the Asktrology Application
5.2 The Member acknowledges, declares and undertakes that this Membership Agreement shall be valid at any platform where Asktrology Application is active including the mobile environment. The Member will accept different rules and conditions regarding the mobile application as well as this Agreement while using the mobile application.
5.3. The Member acknowledges, represents and undertakes to perform only legal and/or non-criminal transactions on the Asktrology Application.
The Member acknowledges, represents and undertakes to perform transactions on the Asktrology Application only for purposes in accordance with the law, that the legal and criminal liability for each transaction and act performed under the Asktrology Application belongs to his/her side, not to reproduce, copy, distribute and change the pictures, texts, visual and audial images, files, databases, catalogues, lists and any kind of content within the Asktrology Application and pertaining to Asktrology, other members and third parties in manner to breach the personal rights, rights in-kind and assets of Asktrology, other Members, Astrologers and/or other third party, and that Asktrology shall have no direct/indirect liability due to the losses incurred or to be incurred by third parties due to the activities performed on the Asktrology Application contrary to the law and/or the provisions of this Agreement.
The Member acknowledges, represents and undertakes that all legal and criminal liability in every transaction and act carried out in the Asktrology Application, including negotiations with the Member, Astrologers and other Members, is under his/her own responsibility.
5.4. The Member acknowledges, represents and undertakes that all information and content provided by him/her in his/her profile, comments or any part of the Asktrology Application is accurate and in accordance with the law. Any comments, announcements, explanations and sharings made/published on the Asktrology Application by the Member are the Member's own considerations and Member Reviews and Asktrology have no relation in common.
Asktrology shall not be liable and responsible for investigating the accurcy of the information and contents shared by the Member on the Asktrology Application, for undertaking and guaranteeing that such information and contents are safe, accurate and lawful and neither can it be held responsible for any damages or losses that may arise due to the inaccuracy of the mentioned information and content.
The Member shall solely be responsible for all content shared/posted on the Asktrology Application as a content provider.
5.5. There is no employee-employer relationship or partnership between the Astrologers active on the Asktrology Application and Asktrology.
Asktrology provides Astrologers with only the internet domain to offer Services to Members.
Asktrology does not make any commitments or provide guarantees regarding the services to be provided by the Astrologers to the Members on the Asktrology Application, the information related to astrology to be shared with the Member including but not limited to any acts of the Astrologers.
The Member acknowledges, represents and undertakes that he/she is aware of the fact that service will be received from third party Astrologers independent from Asktrology, that no undertakings or guarantees are given by Asktrology for the responses given by the Astrologers to the questions of the Members, for the information shared by the astrologers with the Members related to astrology and/or including but not limited to any acts performed by the Astrologers and/or the services offered to the Member including the guarantee for accuracy.
Asktrology does not guarantee that the Astrologer will provide service to the Member nor does it guarantee that the service to be provided by the Astrologer will comply with the request of the Member.
All legal/criminal and other responsibilities for the information shared with by the Astrologers with the Members and for the acts performed by the Astrologers on the Asktrology Application are assumed by the Astrologer performing such act / sharing such information.
The Member acknowledges, represents and undertakes that he/she will direct the legal actions, complaints and claims for the information provided to him/her by the Astrologers and/or for the services provided to his/her side not to the service provider/domain provider Asktrology but to the Astrologer who provides the service/information.
5.6. Asktrology does not make any commitments regarding the accuracy and actuality of the content/information shared by the Astrologers with the Members including but not limited to personal information, background, astrology estimates, comments and reviews of the Astrologers and is not responsible for such content/information to be inaccurate, deficient and/or contrary to the law.
All legal/criminal liability for all information/content that the astrologers share on the Asktrology Application belongs to the Astrologer who performs/shares the relevant action.
Asktrology does not control any information or content shared by the Astrologers and does not have any such legal obligation.
5.7. The Member acknowledges, represents and undertakes that astrology does not contain precise information about the future, that the Astrologers do not claim to be psychics/seers, that the Astrologers only have some estimates/opinions that are not definite in accordance with astrological principles, that these estimates are the Astrologers' own opinions and that they do not claim such estimates to be true and that they do not give the Member the guarantee/commitment for the accuracy of the information/estimate.
5.8. Asktrology who serves as the domain provider as well as its employees or managers have no responsibility for any content including but not limited to any video content, texts, visuals, information, documents, comments, response, explanations provided or published by any third party, including the Members and the Astrologers, in any area of the Asktrology Application. It is the responsibility of those who perform these actions to commit that the entire content and information provided by any third party, including the Members and the Astrologers, as well as the visuals and auditory images are accurate and in compliance with the law. Asktrology does not undertake and guarantee the reliability, accuracy and lawfulness of the content provided by third parties, including the Astrologers and the Members.
While Asktrology, is not legally responsible for determining the inaccurate, unlawful and criminal content and/or the content breaching the rights of third parties, this situation is not technically possible either. Asktrology is liable to remove any unlawful and criminal content and/or the content breaching the rights of third parties if this is notified to its side.
5.9. A Member may not propose to the Astrologer to serve him/her independently outside the Asktrology Application and may not contact the Astrologer other than via Asktrology Application.
5.10. The Member authorizes the Astrologer to view and use his/her personal information required to provide service. Such information may be stored on the Asktrology Application until the Service is provided to the Member and may be viewed later by other Astrologers in order to provide the Service.
The Member shall only share with Astrologers the personal information required for the Astrologers to provide service. Asktrology shall not be liable for any damages that a Member may incur as a result of sharing personal information other than the personal information required for the service to be provided by Astrologers.
Asktrology shall not be held responsible for the unauthorized storage of the information by the Astrologer after the service has been provided, for sharing of such information with third parties by the Astrologer or for its being processed by the Astrologer and all legal and penal liability related thereto shall be borne by the Astrologer.
5.11. The Member acknowledges, represents and undertakes that Asktrology can display the interviews and questions he/she has made with the Astrologers and that he/she has no objection to this matter.
In the case Asktrology suspects that a Member is acting in an unlawful or criminal manner and contrary to the Agreement, it may examine all the interviews made between such Member and the Astrologers on the Asktrology Application and may make searches within such interviews.
5.12. The Member agrees, represents and undertakes that the responsibility for the security, keeping and use as well as keeping away from the information of third parties of the System Access Tools (user name, password, etc.) is completely assumed by his/her side, that Asktrology shall have no direct/indirect responsibilities for the losses incurred or to be incurred by the Member and/or third parties due to all negligence and faults of the Member with regard to the issues such as the security, keeping and use as well as keeping away from the information of third parties of the System Access Tools.
5.13. Asktrology shall not be not responsible for the damages suffered by the Member and/or third parties arising from the misuse of personal information shared by the Member with Asktrology due to being seized by third parties as the result of cyber attacks or malicious software, despite the security measures taken by Asktrology.
5.14. Asktrology shall not be responsible for the damages suffered by the Member and/or third parties arising despite the security measures taken by Asktrology, due to malicious software installed by ill-intentioned third parties to the Asktrology Application.
Asktrology shall not be responsible for the damages suffered by the Member and/or third parties arising despite the security measures taken by Asktrology, due to malicious software installed by ill-intentioned third parties to the e-mails sent to the Member by Asktrology.
5.15. Asktrology may terminate the use of the Member's Asktrology Application and Services without prior notice and without showing any grounds as well as remove the Member's profile and cease to publish any other content. In such a case, the Member shall not be entitled to claim anything from Asktrology under any name or title.
5.16. The Members may not spoil, modify or use items belonging to Asktrology Application. The Member agrees, represents and undertakes not to perform reverse engineering on the Asktrology Application, not to remove the source codes of the software on the Asktrology Application, not to attempt to access the servers of Asktrology Application and/or not to harm the data on the servers otherwise any legal action shall be applied for including a criminal complaint to be filed by the prosecutor.
The Member shall not have access to, modify, spoil, copy, and cannot under any circumstances use any confidential information/trade secrets owned by Asktrology.
5.17. In cases where the Member shall be bound to make a disclosure as per the mandatory legislation provisions of Asktrology in force and if such information is duly requested by governmental authorities, the Member agrees, represents and undertakes that he/she shall be entitled to disclose such confidential/proprietary information pertaining to his/her side and that no compensation shall be claimed from his/her side under any name for this reason.
5.18. The Member agrees, represents and undertakes not to transfer, in whole or in part, any of his/her rights or obligations under this Agreement, the membership account and the member information to any third party, not to make it available for the use of any third party, that Asktrology shall not be directly and/or indirectly responsible under any circumstances for the losses incurred or to be incurred by third parties due to such transfers or unauthorized uses and that if it is detected that the Member makes the membership available for the use of others or has transferred such membership, the membership shall be terminated by Asktrology.
5.19. Asktrology may use the member information, member profiles and the information and contents uploaded to the system by the members in the Asktrology Application for the performance of their obligations as well as for the evaluation of some statistics and may classify and maintain the same on a database.
5.20. Asktrology is not responsible for any problems that the Member may experience due to interruptions in the use of the Asktrology Application due to technical problems.
5.21. Asktrology may, at any time at its sole discretion, make changes and/or adaptations to the Services and may begin to provide services on a paid basis that were free previously or by other means.
Asktrology may change use and interface of the Asktrology Application at any time.
As of the date of the notice has been announced in the Asktrology Application, such services will be provided on the terms and conditions that have been stated and new terms and conditions will apply to the Member who has made use of the services before the change.
5.22. Asktrology may provide a URL address / 'link' through the Asktrology Application to files or content and to the web sites owned or operated by third-party vendors not under the control of Asktrology itself, providers and other third parties. These 'links' do not bear any kind of representation or warranty for any web sites or the information contained therein. Asktrology has no responsibility for the web sites, files, content, services or products accessed through the 'links' on the Site. Internet sites that are not owned by the Asktrology are not within the scope of the Agreement and Asktrology is not responsible for any damages that the Member may suffer on these websites.
5.23. Asktrology may send promotional or informative e-mails to the Members about Asktrology, Asktrology Application and Services within the scope of the approval obtained at the time of Membership. If a member does not want to receive e-mails sent by Asktrology, he/she can use the opt-out from the list option in the e-mail or can stop receiving e-mails by entering the settings in the membership account.
5.24. The Member acknowledges, represents and undertakes that he/she will not send messages to other Members for advertising or commercial purposes and will not direct other Members to another internet site/application.
The Member may not share any URL address (link) on the Asktrology Application that redirects to the internet pages outside the Asktrology Application.
5.25. The Member agrees, represents and undertakes that the electronic records and system records, commercial records, book records and computer records maintained by Asktrology in their own database or on their servers shall constitute binding and conclusive evidence and that this article serves as an evidence agreement in the disputes that may arise from this Agreement.
6. TERMINATION OF THE AGREEMENT
6.1. Asktrology may, at its own discretion, terminate the Member's membership without a written notice. In such a case, the Member's profile and all content posted on the Asktrology Application shall be ceased to be published and the Member Agreement to which it is a party shall be terminated.
A Member who acts contrary to the provisions of the Agreement shall solely be liable due to such acts against all actions (legal/criminal), claims, complaints and/or administrative fines directed by other Members, Astrologers, third parties, administrative/governmental authorities and judicial authorities.
Asktrology shall return to the Member all payments mainly all compensation amounts and administrative fines and all pecuniary/non-pecuniary, direct/indirect damages and all costs paid (litigation costs and attorney's fee, etc.) that the Member shall be exposed to due to his/her acts contrary to the law during or after the duration of the Agreement.
6.2. In the event that the Member closes down his/her membership account at his/her own will, this Agreement shall be deemed to have been terminated automatically.
8. INTELLECTUAL PROPERTY RIGHTS
Asktrology reserves all rights regarding all its assets, in-kind and personal rights, trade information and know-how including the intellectual property rights owned by its side through Asktrology Application, Asktrology trademarks or Asktrology Application.
All elements of Asktrology Application, including but not limited to design, text, image, html code and other codes, belong to Asktrology. The Member may not reproduce, copy, modify, sell, share, distribute any item subject to the intellectual property rights, written / visual content, design elements, codes, brand logos and other elements including but not limited to these on the Asktrology Application. Otherwise, the Member shall be liable to cover all damages of Asktrology and/or third parties, including the expenses and attorney fees, during or after the termination of the duration of the Agreement.
9. AMENDMENTS TO THE AGREEMENT
Asktrology may, at its sole discretion and unilaterally, may amend this Agreement at any time it deems appropriate by means of making an announcement on the Asktrology Application. The amended provisions of this Agreement shall become effective on the date of their announcement and the remaining provisions shall continue to be in force and continue to have effects and arise consequences. This Agreement may not be amended by unilateral statements of the Members.
10. FORCE MAJEURE
In all cases legally deemed as force majeure, Asktrology shall not be liable for late or incomplete performance or non-performance of any of its acts set forth in this present Agrement. Such circumstances shall not be deemed as delayed, incomplete or non-performance or default of any of its acts for Asktrology, or no compensation shall be claimed from Asktrology under any name. The term "force majeure" shall be construed as the uncontrollable and unavoidable incidents beyond the reasonable control of Asktrology and occurring despite the due care shown by Asktrology including but not limited to natural disasters, riot, war, strike, communication problems, infrastructure and internet interruption, access denial, electricity interruption and bad weather conditions.
This Agreement has been mutually accepted and entered into force upon the approval of the Member in electronic environment.