EVERYBODY. ONLINE MEMBERSHIP AND USER AGREEMENT

 

  1. PARTIES

 

  1. a) SAMANCI CORPORATION / 1701 Massachusetts Ave. NW Washington, Dc 20036 carrying out activities of “EVERYBODY.ONLINE” (hereinafter referred to as the COMPANY).

 

  1. b) Application User who is a member of the application “EVERYBODY.ONLINE’’. (Hereinafter referred to as the “USER”.)

 

  1. SUBJECT OF THE AGREEMENT

 

The subject of this Agreement is to enable Users to communicate and socialize with one another via social networking within the mobile application, in the context of 'EVERYBODY.ONLINE' (mobile application) where all the names, trademarks and design ownership are owned by the COMPANY.

 

EVERYBODY.ONLINE is a mobile application that allows a User to communicate with other Users by rating their pictures ( star system – max. 6 stars)

 

Users to reach each other they have to in the vicinity of up to 50 km. Or users need to change their location by purchasing a premium subscription.

 

The star system will be in the form of rate pictures of users what they shared on their wall and User will be able to rate pictures of the users by giving stars to the other User.

 

General features of the mobile application;

 

Users will be able to rate pictures by giving stars over 6 stars.

 

The user will be able to see users picture score at the profile.

 

The User will be able to rate the photo of the other User within the current location.

 

When the User first enters the mobile application, the User will have 1 star, and as soon as he completes personal and other information, the star will have an average star rating of 2.5 stars.

 

 

A standard User has a certain limit to like and rate stars.

 

The non-premium User's scoring limit is 100 per day, and each User will be able to give 6 stars 3 times per day.

 

The premium User will be able to give 6 stars 6 times during the day.

 

The premium User will be able to see the weekly leading chart by setting the position.

 

  1. MEMBERSHIP TERMS OF USE

 

3.1. Those who want to use the mobile application can join the application by filling in the membership form required to become a member and/or by connecting with Facebook accounts. Users can log in to the application via e-mail / Username and password, as well as other social media tools.

 

3.2. If it is detected in any way that minors and applicants who are not authorized to represent and to bind the legal entity made applications, those shall not be entitled to the rights of the “User” even if they have completed their registration. EVERYBODY.ONLINE is not responsible for damages that may be caused by other demands and transactions.

 

3.3. In the event that Users confirm their identity by EVERYBODY.ONLINE after completing the membership form or by signing up with their Facebook account, and in case, there is a service fee to be paid this fee is paid, the membership procedures will be activated with the approval of the registration process.

 

3.4. The User declares and undertakes that the personal and other information he gives when he becomes a member of the mobile application is legally correct and that he will exactly and immediately compensate EVERYBODY.ONLINE for any damages that may be caused by the untruth of this information.

 

3.5. The User accepts and undertakes to abide by and not to violate the provisions of the legislation when using the EVERYBODY.ONLINE application. Otherwise, the User exclusively shall be bound by all incurring civil and criminal liabilities.

 

3.6. The user may not use the EVERYBODY.ONLINE application in any way that violates public order, violates general morality, disturbs or harasses others, in an illegal manner infringing the intellectual rights and copyrights of others.

 

3.7. EVERYBODY.ONLINE will not be responsible for the unauthorized reading of User data and for damages that may result from the member software and its data. The User has agreed in advance to not claim compensation from EVERYBODY.ONLINE for any damages that may result from the use of EVERYBODY.ONLINE.

 

3.8. EVERYBODY.ONLINE always has the right to unilaterally delete the User's membership, delete files, documents, and information belonging to the User. The user accepts this situation in advance. In this case, EVERBODY.ONLINE has no liability whatsoever.

 

3.9. The software and design, brand and name of EVERYBODY.ONLINE application is the property of the COMPANY and the related copyright and/or other proprietary rights are protected by the related laws and they cannot be used, acquired or changed by the User without permission.

 

3.10. EVERYBODY.ONLINE may disclose personal information in a manner that is believed to be necessary to protect the personal information of the Member as a legal obligation, or to comply with legal requirements, or to comply with legal proceedings communicated to EVERYBODY.ONLINE, to protect and defend the rights and property of the application.

 

3.11. Measures have been taken to ensure that the EVERYBODY.ONLINE application is free from viruses and similar applications. However, in order to ensure full and complete security, the User must obtain his own virus protection system and provide the necessary protection. Otherwise, he acknowledges that he will be responsible for any errors that may occur in his own software and operating system and their direct or indirect consequences.

 

3.12. The COMPANY reserves the right to change the content of the application at any time, to change or cancel the service provided to the users or delete the registered user information and data.

 

3.13. The COMPANY may at any time amend, update or cancel the terms and conditions of the Membership Agreement without prior notice and/or warning. Any provision amended, updated or removed shall be binding on all users at the time of publication.

 

3.14. The parties acknowledge and agree that all enforcement records of EVERYBODY.ONLINE shall be deemed to be the sole and actual exclusive evidence in accordance with Article 193 of the HMK (Law of Civil Proceeding) and that such records constitute an evidence contract.

 

3.15. In accordance with this Membership Agreement, EVERYBODY.ONLINE has the authority to sent informative e-mails to the recorded e-mail addresses and informative SMS to the mobile phones of the Users; by confirming this Membership Agreement the User accepts that informative e-mails are sent to the e-mail address and informative SMSs are sent to the mobile phone.

 

3.16. The user is solely responsible for all of the content, video, photographs, voicemails, emails and all other content posted, displayed, transmitted, or transmitted to EVERYBODY.ONLINE and agrees that EVERYBODY.ONLINE has no responsibility whatsoever.

 

3.17. By agreeing to the Application Confidentiality Agreement, which is an integral part of this agreement, the user agrees that he will not show, send, or transmit illegal, threatening, defamatory content via EVERYBODY.ONLINE.

 

3.18. The user acknowledges and agrees that the mobile application may rate pictures by users decisions each other's pictures through the star system in accordance with the user content and that this rating does not have any connection with the COMPANY.

 

In this regard, the user acknowledges and undertakes that there is no liability of the COMPANY in case of a low number of stars.

 

3.19. The user acknowledges and undertakes that if he is affected psychologically and physically due to the voting system, except for situations such as low stars and non-votes, the votes are completely in the direction of the User's own will and that the COMPANY has no responsibility in this respect. Each user acknowledges, declares and undertakes that he is fully responsible for the voting, messaging and photo ratings he has made in the mobile application. The User accepts, declares and undertakes the operation of the star system and that the mobile application operates with the point system. The User agrees, declares and undertakes with this Agreement that he/she will not require the deletion, change or removal of stars.

 

3.20. The User is obliged to immediately notify the COMPANY of any complaints that he has experienced due to other users in the application and the COMPANY shall have no responsibility for the unreported complaints. Fraudulent accounts opened on the mobile application will be evaluated by the COMPANY if reported by other users and account will be closed if it is determined that the account is fraudulent.

 

3.21. The user can temporarily freeze the account at any time and reactivate it at any time. In the case of account freezing, the user's entire data will be stored on the application and if the account is activated, the user will be able to return to the old profile.

 

3.22. Users will be able to take advantage of the advertising application on the Mobile application, and if the Agreement is accepted, the advertising applications are also accepted, declared and undertaken.

 

3.23. A User who violates one or more of the items listed in the agreement shall be liable in person for criminal and juridical reasons for the violation of the agreement and shall keep EVERYBODY.ONLINE out of the legal and criminal consequences of these violations.

 

  1. USER MEMBERSHIP FEES

 

4.1. The User will be able to sign up for the mobile application free of charge. A User who wants to become a premium member will become a Premium member after the Premium membership fee is paid. The COMPANY may change, update or cancel the Premium user terms at any time without prior notice and/or requirements, in any form and by any means. Any provision which has been amended, updated or is not effective anymore will be binding on all users at the time of publication.

 

4.2. If the User selects Premium membership, the term can be monthly, 6 months or annual membership; the fee for a monthly Premium membership is 19.99 $ per month, for a 6 months membership 12.49$ per month and in case of annual Premium membership 9.99$ per month. If the User does not cancel the membership, this fee will be automatically renewed on a regular basis for each month or year, respectively.

 

4.3. If the User selects Premium membership, he will make the payment via the payment service provider, which will collect the payment from the User and there will be no liability of the COMPANY for technical faults or faults related to the payment provider.

 

4.4. If the credit card belonging to the User is used as invalid due to the reason of his own fault and the service fee of the related bank or financial institution is not paid, the User shall be informed about this issue and shall remedy within 3 days; the User accepts and undertakes that otherwise the membership will be cancelled and all legal proceedings will be started.

 

  1. TERMINATION OF AGREEMENT

 

This agreement will remain in force until the User cancels its membership or the membership is canceled by the COMPANY. In case of breach of any of the articles of the membership agreement by the User, EVERYBODY.ONLINE may terminate the agreement unilaterally by revoking the User’s membership.

 

  1. SETTLEMENT OF DISPUTES

 

United State Courts and Execution Offices are competent in disputes relating to this agreement.

 

  1. EFFECTIVENESS

 

Registering as a User for membership means that the person read all the articles in the membership agreement and has accepted all the articles contained in the membership agreement. This agreement is concluded and mutually entered into force when the User became a member of the mobile application.

 

MOBILE APPLICATION CONFIDENTIALITY AGREEMENT – PRIVACY POLICY

 

This Confidentiality Policy has to be read by anybody (“MEMBER”) visiting and/or in any way using the Mobile application (“Mobile Application”) EVERBODY.ONLINE operated by SAMANCI CORPORATION / 1701 Massachusetts Ave. NW Washington, Dc 20036 (“Company”) before using the Mobile Application.

 

This Confidentiality Policy is valid for the members using the EVERBODY.ONLINE mobile application.

 

DEFINITIONS

 

The abbreviations used in this agreements are as follows:

 

  1.     EVERYBODY.ONLINE          : Mobile application brand of Samanci Corporation

 

  1.     MEMBER                               : Persons or institutions that use/make use of services mentioned in the application and user contract and voluntarily giving the personal, institutional, product and service information.

 

                                                                 ARTICLES

 

1.Confidentiality                                 : This application is responsible for the protection of the privacy of the members. However, this responsibility includes the highest level of confidentiality within the conditions required by the internet and mobile environment, and it is also necessary to know that the internet and the mobile environment can never provide complete security. The mobile app respects the privacy rights of members and all information provided by the member through the mobile application is kept confidential. The mobile application cannot be held liable for damages that may be caused by the legal or illegal behavior of third parties to any person or organization. By accessing and using the Mobile Application, the MEMBER declares that he/she read, understood and accepted the Confidentiality Agreement of EVERYBODY.ONLINE. Once the Member accesses and enters EVERYBODY.ONLINE it is deemed that he/she  accepted this contract.

 

2.Personal Information                    : For the security of the members, EVERYBODY.ONLINE has the right to collect personal information and other information at all times. Users can determine the amount of information they will give. A member may share personal information within the mobile application to complete profile information to inform other members, and the accuracy of this information is entirely up to the member. In addition to personal information, the Member may also provide private information to be shared with other members he/she is in contact with the application. The Member agrees that this data, which he/she has given, shall be collected, used and displayed on the mobile application as permitted by law. The member agrees to share his current location information alongside his/her personal and private information, and that this information will be visible to other members of the contract.

 

3.Non-Personal Review Information                     : When you visit the mobile app, general information such as the pages you visit in our application and how much time you spend on each page, info form, and application are recorded. The purpose of keeping this information is to regularly monitor and improve EVERYBODY.ONLINE and improve its services.

 

4.Data Security                                                         : EVERYBODY.ONLINE implements appropriate physical, electronic, and administrative procedures that protect and safeguard collected information on the mobile application channel to prevent unauthorized entry, maintain data integrity and ensure the correct use of information. Under all circumstances EVERYBODY.ONLINE can not guarantee that personal information will not be obtained from unlawful means and that if EVERYBODY.ONLINE's online services are used, you agree to all risks and liabilities that may arise in our systems, including the risk of a security breach.

 

  1.                                                                     :EVERBODY.ONLINE is not responsible for any direct, indirect, incidental or consequential damages, costs or expenses that may arise as a result of any error, interruption, delay in information transfer, mobile application virus, line and power failure.

 

  1.                           :Copyright for information, materials and organization thereof in the Mobile application are reserved by the COMPANY. All copyrights, registered trademarks, patents, intellectual and other proprietary rights of EVERYBODY.ONLINE materials are reserved by the COMPANY. Unless a person and/or organization has previously obtained permission from the COMPANY, one part of the mobile application cannot be used in another mobile application, nor can it link to another application site.

 

  1.               :By approving this Application Usage and Confidentiality Agreement, the Member agrees that the information that is shared with EVERYBODY.ONLINE is personally owned and that this information can be shared with EVERYBODY.ONLINE’s other legal entities that are affiliated with EVERYBODY.ONLINE for the purpose of conducting sales and marketing activities.

 

  1.                 :EVERYBODY.ONLINE can send various ads, announcements, and notifications to the contact addresses given by the user. The user acknowledges that EVERYBODY.ONLINE can send various ads, announcements and notifications to the contact address given, send also e-mails, SMS and other notify via other means of communication.

 

 

  1.                                                              :In order to keep the security of members using Mobile Application at the highest level, credit card information requested on the payment page for Premium Memberships are not saved on the servers of any third party that provides Mobile Application or service. In this way, all transactions for payment are made possible between the APPLE ID and ANDROID operator on the Mobile Application interface and the device that the Member is using.

 

 

 

  1.                                                                       :The Member expressly consents to the processing of his personal data and the transfer of the data to a third party under the Law on the Protection of Personal Data. The personal data will be processed as long as the client status continues.

 

  1.                      :EVERYBODY.ONLINE as the data responsible under the legal scope agrees to comply with all liabilities and obligations of the Law.

 

  1.                 :The Member declares and undertakes that he/she expressly consents to the transfer of his personal data to the third persons in the country or abroad to be determined by the Company for data storage and processing for any purpose.

 

  1.                   :The personal data belonging to the Member is collected electronically by the personal information from the EVERYBODY.ONLINE application or if deemed necessary for the electronic environment.

 

  1.                  :The Member can apply to the Data Responsible Company under the Law whenever he wishes to learn whether the personal data has been processed or not, to request information about these personal data and if it was processed appropriate to the purpose, to know the third parties to whom the personal data are transferred, to request the correction of mistakes in personal data, to request the concerned third party to perform the correction if they were transferred already, to request the deletion, destruction or anonymization of personal data if the reasons for the processing do not exist anymore, and to request third parties to do the same, if those data was transferred already, to have the right to object to negative consequences associated with the person.

 

  1.                 :In the following cases EVERYBODY.ONLINE will be able to step out of the provisions of this confidentiality declaration and disclose the information of the clients to third parties. These cases are;

 

 

 

 

 

 

 

 

  1.                                   :This Confidentiality Agreement is subject to change. Any changes in the EVERYBODY.ONLINE Confidentiality Agreement will be announced in the mobile application. All information sent to EVERYBODY.ONLINE via the mobile application channel is subject to the terms and conditions of the Confidentiality Agreement. Any amended, updated or removed provision shall be binding for all Members at the time of publication.

 

  1.         :This Confidentiality Agreements consists of 17 (seventeen) articles and is an integral part of EVERYBODYONLINE Membership and Terms of Use Agreement.
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