Parties: This Membership Agreement ("Agreement") has been concluded between Adonearth LLC ("Adonearth"), the owner of adonearth.com and mobile device applications, located at P.O. Box #571, Nassau, DE, 19969, Delaware, United States, and the website user who becomes a member of adonearth.com and its mobile application ("Platform") by accepting the following terms, or the user who becomes a member of the applications installed on mobile devices ("Member"), to determine the conditions for the Member to benefit from the Services offered by Adonearth.
Adonearth and the Member shall be referred to as "Parties" together in this Membership Agreement.
Subject: The subject of this Agreement is to determine the terms and conditions of the Member's use of the website and application owned by Adonearth.
Personal Data Protection and Privacy Policy: It refers to the text that regulates Adonearth's general privacy policy regarding personal data, including issues such as how and for what purposes the personal data transmitted by the Members through the Platform will be used by Adonearth, and which can be accessed through the adonearth.com platform.
Website Cookie Policy: It refers to the document that outlines Adonearth's cookie policy, detailing how cookies are used for advertising purposes based on Members' site visits, and which can be accessed via the adonearth.com platform.
Member Account Page: It refers to the Member-specific page where the Member can perform the necessary transactions in order to benefit from various applications on the Platform, enter his/her personal data and information requested from him/her on the basis of the application, and can only be accessed with the username and password determined by the relevant Member.
Services: It refers to the initiatives introduced by Adonearth to enable Members to perform the tasks and transactions defined in this Membership Agreement.
Member: Refers to the real persons who have gained the title of "Member" by accepting the membership agreement and confidentiality notices on the adonearth.com platform.
User/Visitor: Refers to persons who visit adonearth.com without being a member of the site.
3.1 If you connect to Adonearth with other social media accounts, your information shared with your consent is automatically pulled into your Adonearth account.
3.2 During the account creation phase, information such as 'your profile picture, full name, email, gender, date of birth, and city' is collected from your Meta, X or Google accounts to the extent permitted, and you are requested to fill in any mandatory information that cannot be obtained.
3.3 E-mail, username and password are mandatory information. Your username will be visible; your e-mail and password information will only be visible to you. Please do not share them with anyone.
3.4 You verify your E-mail, Facebook, Instagram, Google and X accounts used in the registration process or we may request your approval/permission by sending verification to these accounts.
3.5 Your posts on Adonearth will be viewable by other users, sharing information (photos, location) that you wish to protect or keep private is at your own discretion.
3.6 You authorize other users and persons outside the application to view your profile photo and username.
3.7 You can share accounts that bother you by stating the reason with us and ensure that they are taken into consideration for evaluation.
4.1 In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Platform, fill in the information requested herein with correct and up-to-date information, and the Membership application must be evaluated and approved by Adonearth. The user who wants to become a member must be over the age of 18 (eighteen). Upon completion of the approval process and notification to the Member, the Membership status starts and thus the Member acquires the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member who fails to provide accurate and up-to-date information while filling out the said Membership Agreement is personally liable for all damages that may arise for this reason. By becoming a member, the Member accepts and undertakes that he/she accepts Adonearth advertising policies and that he/she will be responsible for his/her contrary behavior.
4.2 In cases where there is a dispute over who owns the membership rights and obligations, and if those individuals request from Adonearth, if there are more than five payments made to Adonearth using the relevant Membership account, the person who made the majority of the last five payments will be recognized as the owner of the Membership account. If there are fewer payments, the person who made the majority of all the payments will be considered the owner, and actions will be taken accordingly.
4.3 The Member accepts and declares that if he/she wishes to initiate a purchase process on the Platform, he/she is obliged to fulfill all necessary legal obligations and legal procedures, including those on the Platform, and that Adonearth does not have any information and responsibility regarding such obligations and procedures.
4.4 The member acknowledges and declares that if they wish to initiate a purchase process on the Platform, they must fulfill all legal obligations and procedures, including those listed on the Platform, and that Adonearth has no information or responsibility regarding these obligations and procedures.
4.5 Adonearth may share personal data such as identity, contact, IP address, movements within the Site with the competent authorities upon the request of the competent authorities in accordance with the applicable data protection regulations. Information on the processing of personal data by Adonearth, legal reasons and transfer of personal data is available in the "General Clarification Text on the Protection of Personal Data".
4.6 Personal data collected from Members during registration on the Platform can be shared with other Members who may be parties to disputes arising from fraud, deception, misuse of the Platform, or issues that could constitute a crime under the Turkish Penal Code, but only to the extent necessary for the parties to exercise their legal rights related to the requested issue and only within this limited scope.
4.7 The username and password information required by the Member to access their account page and conduct transactions on the Platform are created by the Member, and the security and confidentiality of this information are entirely the Member's responsibility. The Member acknowledges, declares, and undertakes that transactions carried out with their username and password are performed by them, that they are solely responsible for any liabilities arising from these transactions, and that they cannot claim they did not perform such transactions nor can they use this claim to avoid their obligations or raise a defense or objection based on this claim.
4.8 The Member shall not use the Platform in a manner contrary to the law, morality and honesty rules, especially in the cases listed below.
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• Not to ask for someone else's login credentials or access someone else's account
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• Not to harass, threaten or intimidate any other user
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• Not to publish any content that is hate speech, threatening or pornographic in nature, or that incites violence, nudity, or visual or arbitrary violence
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• Not to use Adonearth for any unlawful, deceptive, abusive, malicious or discriminatory purpose
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• Not to provide false personal information or creating an account for someone other than yourself without that person's permission
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• Not to create more than one personal account
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• If their account is closed, not to create a new account without Adonearth's permission
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• If under 18 years of age, not to use Adonearth without the consent of your Alien
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• To ensure that your contact information is accurate and up-to-date
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• Not to share your password (or, for developers, your secret key), allow others to access your account, or take any other action that could compromise the security of your account
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• Not to share any content or take any action that violates the rights of others or the law
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• Not sharing anyone else's identity documents or financially critical information
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• Not to use the Platform to create, control, update or modify databases, records or directories on behalf of any person
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• Not to use the Platform to corrupt, modify, or reverse engineer the whole or any part of it
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• Not to spread viruses or any other malware that may damage the Platform, the Platform's database or any content on the Platform
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• Not to engage in activities that create unreasonable or disproportionately large loads on communications and technical systems as determined by the Platform, or disrupt technical operations, and without prior written permission from Adonearth, not to use automatic programs, robots, web crawlers, spiders, data mining, and data crawling tools such as "screen scraping" software or systems to copy, publish, or use any content from the Platform without authorization.
4.9 The Member is obliged to carry out his/her transactions on the Platform in a way that will not harm Adonearth financially and the Platform technically in any way. The Member accepts and undertakes that he/she has taken all necessary measures, including using the necessary protective software and licensed products, to ensure that the use of the Platform does not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the Platform. The Member also agrees that he/she will not enter the Member account page by robot or automatic login methods.
4.10 You reserve your rights to any Content that you submit, post or display through the Services. What is yours is yours; you own your Content/posts/advertisements (and your combined audio, photos and videos are considered part of the Content). By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods now known or hereafter developed. You acknowledge and agree that this license includes the right to provide, promote and improve the Services and to make Content submitted through the Services available to other companies, entities or individuals for the purpose of syndication, broadcast, distribution, republication, promotion or publication, and you agree and undertake that you will not charge fees and payments of any kind for doing so.
4.11 You represent and warrant that you own or have obtained all necessary rights, licenses, consents, permissions and authorization to grant the rights granted herein for any Content that you submit, post or display through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights unless you have the necessary permission or are legally authorized to post the material and grant us the license described above.
4.12 It is unlawful to use the Platform or the content on it in violation of the terms of use, advertising policy or applicable legal regulations determined by this Membership Agreement; Adonearth's related claims, lawsuits and follow-up rights are reserved.
4.13 Members may request Adonearth to cancel their membership at any time. Adonearth is obliged to provide the necessary support in this case.
4.14 Adonearth has the right to remove any content or information you have posted in the event of a violation of this notice or our policies.
4.15 In case of persistent infringement of intellectual property rights of third parties, violation of the advertising policy and criminal behavior, Adonearth has the right to suspend your account if necessary.
4.16 If you, as Users, want to share private information between each other, you do so with your own consent, and you agree that Adonearth is not responsible for sharing information.
Adonearth may unilaterally change this Membership Agreement and any policies, terms and conditions, including the "Privacy and Personal Data Protection Policy" and "Advertising Policy" on the Platform, at any time it deems appropriate, by announcing it on the Platform, provided that it does not contradict the provisions of the legislation in force. The amended provisions of this Membership Agreement shall become effective on the date they are announced on the Platform, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences.
Cyber-attack, including riots, embargoes, state intervention, insurrection, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, communication problems, infrastructure and internet failures, system upgrades or upgrades and failures that may result therefrom, power failure, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic, pandemic or other natural disaster or any other natural disaster beyond Adonearth's control, If other events that are not due to its fault and cannot be reasonably foreseen ("Force Majeure") prevent or delay Adonearth from performing its obligations arising from this Membership Agreement, Adonearth cannot be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure and this situation cannot be considered a breach of this Membership Agreement.
7.1 The Member agrees that the official books and commercial records of Adonearth and the archive records, electronic information and computer records kept in Adonearth's database, servers, electronic information and computer records shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Membership Agreement and that this provision is in the nature of an evidence contract.
7.2 Adonearth will communicate with the Member via the e-mail address provided by the Member when registering or by making calls and sending SMS to the phone number. The Member is obliged to keep his/her e-mail address and phone number up to date.
7.3 This Membership Agreement constitutes the entire agreement between the Parties regarding the subject matter. In the event that any provision of this Membership Agreement is held to be invalid or unenforceable or unreasonable in whole or in part by any competent court, arbitration tribunal or administrative authority, this Membership Agreement shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the other provisions shall remain in full force and effect.
7.4 The Member shall not assign its rights or obligations in this Membership Agreement in whole or in part without the prior written consent of Adonearth.
7.5 The failure of one of the Parties to use or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the subsequent use or exercise of such right.
7.6 To the fullest extent permitted by applicable law, Adonearth shall not be liable for any indirect, incidental, special, or punitive damages, or for any lost profits or revenues. Specifically, Adonearth disclaims any liability for:
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• Any damages of any kind arising directly or indirectly from your access to or use of, or inability to access or use, the services;
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• The conduct or content of any third party on the Services, including any disparaging, defamatory or unlawful conduct of other users or third parties;
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• Any content displayed on the Services;
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• Unauthorized access, use or modification of your transmissions or content.
7.7 In no event shall Adonearth's total liability exceed the greater of the total amounts you have paid to Adonearth for the services associated with the claim in the last six months. The limitations in this section apply regardless of the basis of liability, whether in tort (including negligence), contract, or otherwise, and even if Adonearth has been informed of the possibility of such damages and regardless of whether any remedy provided fails to achieve its essential purpose.
This agreement shall remain in force until the member cancels his/her membership or until his/her membership is canceled by Adonearth. Adonearth may unilaterally terminate the agreement by canceling the Member's membership if the Member violates any provision of the membership agreement.
This Membership Agreement shall be governed exclusively by Delaware law. Any dispute arising out of or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Delaware Courts and Enforcement Directorates.
For additional information You can reach Adonearth at any time via e-mail address or phone number with the contact information below.
Address: P.O. Box #571, Nassau, DE, 19969, Delaware, United States
Mail: [email protected]
Membership registration means that the member has read all the articles in the membership agreement and accepts the articles in the membership agreement. This Agreement was concluded at the time the member became a member and entered into force mutually.
Consisting of 11 (eleven) articles, this Membership Agreement has entered into force as of the moment of approval, by being approved electronically by the Member by reading and understanding each provision in its entirety.
Adonearth LLC