Membership Agreement

1. PARTIES AND SUBJECT MATTER

The agreement establishes terms between Paksam Fotoğraf ve Bilişim Teknolojileri Ticaret A.Ş. (the "Platform") and individuals registering as members through the Website or Application (the "Member"). It governs conditions for accessing and using the Services provided.

Members confirm they have read and understood the entire agreement and approve all provisions.

2. DEFINITIONS

Service/Services: Content and related applications provided through the Website, Application, or other digital channels enabling member operations.

Channels: Digital environments where Services are offered (Website, Application, etc.).

Users: Site visitors who have not yet completed membership registration.

Members: Individuals 18+ years old who have registered, paid any required fees, and been approved by the Platform.

Website: www.photier.com and subdomains providing Services.

Application: Software downloaded to mobile devices for accessing Services.

Event: Organized occasions like weddings, graduations, or celebrations with paid attendance.

Event Page: Web page displaying photographs from member-attended events.

Photographer: Platform-contracted personnel who capture and upload member photographs.

Photograph: Visual images captured by photographers with member consent.

Member Page: Personal portal accessible via username/password for managing account, applications, and transactions.

3. RIGHTS AND OBLIGATIONS

3.1 Membership Requirements

Applicants must be 18+ years old, provide accurate information, upload a profile photo, or link a Facebook account. The Platform reviews and approves applications. Membership becomes active upon approval notification. False information provided by applicants makes them liable for all resulting damages.

3.2 Non-Transferability

Membership rights belong exclusively to the registered individual and cannot be transferred. Disputes regarding rightful ownership trigger Platform investigation, identity verification, and individual interviews. The Platform bears no liability for unauthorized accounts; the account creator remains fully responsible.

3.3 Payment and Legal Compliance

Users accept responsibility for all legal obligations and procedures related to membership and purchases. The Platform assumes no liability for compliance failures. Members bear all payment-related costs and assume full responsibility for damages arising from transactions.

3.4 Content Responsibility

Members warrant that all information and content they submit is accurate, lawful, and free from defamation, harassment, threats, or copyright infringement. Members assume complete legal and criminal responsibility for their submissions.

3.5 Photo Rights Transfer

By appearing in photographs at events, members irrevocably transfer all intellectual property rights—including reproduction, distribution, and public display rights—to the Platform without geographic, temporal, or channel limitations.

3.6 Personal Data Processing

The Platform may process member personal data per the Privacy Policy and applicable law. When legally required, the Platform may share information with authorities or other members involved in disputes. Members authorize this processing by accepting terms.

3.7 Account Security

Members create and maintain their own usernames and passwords. Members accept full responsibility for all account activities and cannot dispute transactions conducted using their credentials.

3.8 Prohibited Uses

The Platform prohibits numerous activities including: database creation, modification, or unauthorized account manipulation; reverse engineering or system modification; fraudulent registrations or impersonation; illegal or deceptive use; copyright infringement or unauthorized content use; price manipulation or interference with other users; comment/rating system abuse; spam distribution; malware distribution; unauthorized data collection; system overload or disruption; and unauthorized automated scraping or data mining.

Violations result in membership suspension/cancellation without refunds.

3.9 Data Privacy and Usage

The Platform securely stores member information and uses it for service delivery, statistical analysis, advertising, and marketing communications. Members retain rights to modify or delete their personal data. The Platform implements necessary security measures.

3.10 Service Continuation Requirements

Members must meet all conditions for continued membership and service access, including fee payments. Failure to comply results in suspension or cancellation. The Platform may deny, suspend, or cancel membership as warranted.

3.11 Connection Performance

Download speeds and connection quality depend on individual internet speeds. The Platform bears no responsibility for connection-related performance issues. Members pay all device connection costs.

3.12 Rule Updates

The Platform continuously posts service conditions and rules on the Website and may modify them. Members must review and comply with updates throughout their membership.

3.13 Membership Cancellation

Active membership is required for service access and photo delivery. Members may cancel anytime via their page or email to support. Cancellations become effective the following month upon Platform approval. Communication list removal takes 3 business days. Legally required notices remain excluded from this provision.

3.14 Incidental Photograph Inclusion

The platform uses facial recognition technology, so unrelated individuals may appear in photographs and be shared with other members or published. The Platform bears no responsibility for incidental inclusion.

3.15 Package Purchases and Event Management

Members purchase Photi points through packages to upload photos and host events. Members manage balances, access admin panels, and conduct financial transactions.

3.16 Event Statistics and Customization

Members view statistics on event creation, uploaded photos, and participation numbers. Package purchasers add logos, designate events as public/private, and customize pages.

3.17 Event Content Management

Members manage uploaded photo content, delete photos, view participant lists, tag attendees, and exercise other administrative functions.

3.18 Participant Information Access

Event organizers view participant lists including profile photos, names/initials, assigned photographs, event attendance, purchase orders, and downloaded photos.

3.19 Participant Notifications

Members may send notifications to event attendees.

3.20 Data Protection and Confidentiality

Both parties implement security measures protecting shared personal data per the Personal Data Protection Law (Law 6698). Data use is restricted to service delivery purposes. Neither party shares data with third parties beyond service requirements. Upon contract termination, parties transfer all personal data to each other and delete copies (except legally required records). Data breaches must be reported immediately.

4. INTELLECTUAL PROPERTY RIGHTS

Members cannot resell, share, distribute, display, reproduce, create derivative works from, or facilitate others' access to Platform services, information, or copyrighted materials. Violations result in liability for third-party damages plus court costs and attorney fees.

The Platform retains all rights to its software, business information, copyrighted works, trademarks, appearance, and intellectual property. Unauthorized use is prohibited.

5. CONTRACT MODIFICATIONS AND TERMINATION

The Platform unilaterally modifies the agreement by publishing changes on the Website. Modified terms take effect upon publication; remaining terms continue unchanged. Members cannot alter the agreement but may cancel per established procedures. The Platform may terminate membership immediately with or without cause.

6. FORCE MAJEURE EFFECTS

The Platform bears no responsibility for delayed or incomplete service performance due to force majeure events including natural disasters, civil unrest, war, strikes, cyberattacks, service provider outages, infrastructure failures, system maintenance, power outages, and severe weather. Members cannot claim damages or compensation during force majeure circumstances.

7. APPLICABLE LAW AND JURISDICTION

Turkish law governs all agreement interpretation and related disputes. Istanbul Central Courts and Enforcement Offices hold exclusive jurisdiction.

8. RECORD VALIDITY

Members accept the Platform's electronic system records, business records, account statements, and computer records as conclusive, binding, and exclusive evidence. Members waive the right to demand Platform oath testimony. This provision constitutes a contractual evidence agreement per Turkish procedural law.

9. SEVERABILITY

Invalid agreement provisions do not affect remaining terms' validity and continued enforcement.

10. NOTICE

The Platform communicates via member-provided email addresses or phone numbers and Website announcements. Email communication equals written notice. Members maintain responsibility for current contact information and regular Website monitoring.

Members electronically accept the agreement upon membership registration, confirming binding agreement obligations throughout membership.