1. PARTIES
This Membership Agreement (hereinafter referred to as the "AGREEMENT") is made between Demos Uluslararasi Fuarcilik A.Ş (hereinafter referred to as the "COMPANY") and all natural and legal persons and institutions listed on the website https://iaafonline.com/ (hereinafter referred to as the "SITE"), who intend to sell products ("SELLER/MEMBER") (hereinafter referred to as MEMBER or MEMBERS) on the SITE. By registering as a member, MEMBERS acknowledge and agree to all the provisions of this AGREEMENT and undertake to comply with them.
DEFINITIONS
Unless otherwise stated, the following terms and/or abbreviations used in this AGREEMENT refer to the meanings and scope defined here:
a) "SITE" refers to the website consisting of the domain name https://iaafonline.com/ and its subdomains.
b) "AGREEMENT" refers to this AGREEMENT form and its annexes.
c) "BUYER" refers to those who may request to purchase works listed on the SITE.
d) "MEMBER/SELLER" refers to those who have accepted this AGREEMENT by becoming a member of the SITE, have the right to list works to be sold on the SITE, and have entered into a REMOTE SALES AGREEMENT with the COMPANY, specifically the GALLERY AGREEMENT or the WORK OWNER AGREEMENT.
f) "Work" refers to products or creations resulting from labor that are listed for sale on the SITE.
g) "Work Owner" refers to those who hold the intellectual property rights to the artworks listed on the SITE.
SUBJECT OF THE AGREEMENT
This AGREEMENT regulates the rights and obligations of the parties in the relationship established between the COMPANY and the MEMBER upon the MEMBER's registration to the SITE.
MEMBERSHIP REQUIREMENTS
To become a member of the SITE, it is required to be of legal age, to submit the requested identity information completely and accurately, not to be temporarily suspended or permanently banned from membership by the COMPANY, and to approve this AGREEMENT by registering as a member of the SITE.
GENERAL OBLIGATIONS AND RESPONSIBILITIES OF MEMBERS
5.1. MEMBERS undertake to comply with all the terms of this AGREEMENT, the rules specified in the relevant sections of the SITE, and applicable laws while completing the membership stages and using the services of the SITE.
5.2. The COMPANY has the right to unilaterally modify or amend this AGREEMENT by announcing it on the SITE ANNOUNCEMENT page 10 days in advance. It is the responsibility of the MEMBERS to track changes to the provisions of this AGREEMENT. Continuing to use the SITE after changes are made to this AGREEMENT signifies acceptance of the changes.
5.3. MEMBERS undertake that the information and content provided by them on the SITE is accurate and not unlawful.
5.4. MEMBERS agree that the COMPANY is not a party to any transactions regarding the purchase or sale of works listed on the SITE and that they are solely responsible for these transactions. MEMBERS undertake that exaggerated prices cannot be set for works listed on the SITE for promotional purposes or any other reasons, and the prices must be approved by the COMPANY.
5.5. The responsibility for delivering a work related to an order that has been collected by the MEMBER lies with the MEMBER.
5.6. MEMBERS undertake that they will not make any claims against the COMPANY for any temporary or permanent non-operation of the SITE.
5.7. MEMBERS agree to comply with all applicable laws, decrees, and regulations in addition to this AGREEMENT while displaying, selling, or performing any transactions related to their works on the SITE and accept responsibility for any penalties incurred, holding the COMPANY harmless and not seeking compensation.
5.8. In the event that MEMBERS engage in malicious or illegal behavior related to the services provided by the SITE, their membership may be temporarily or permanently canceled at the discretion of the COMPANY without prior notice. If the COMPANY terminates the membership, MEMBERS will no longer be able to benefit from the SITE services.
5.9. MEMBERS are required to submit their identity information as requested by the COMPANY whenever asked.
5.10. MEMBERS are obliged to comply with the Personal Data Protection Law No. 6698. They acknowledge and agree that the COMPANY is not responsible for the protection, storage, and deletion of personal data exchanged between MEMBERS and BUYERS, and the COMPANY does not have any liability in this regard.
5.11. In case of non-compliance with this AGREEMENT or any of its included documents, MEMBERS undertake to indemnify any damage arising from claims or demands of third parties (including claims against the COMPANY's employees).
5.12. MEMBERS acknowledge and agree that they are independent parties from the COMPANY, and no partnership or employer-employee relationship exists between them.
5.13. MEMBERS agree not to hold the COMPANY, its representatives, or employees liable for any disputes or claims arising from transactions on the SITE or related damages, and they shall not seek compensation under any name or reason.
5.14. MEMBERS are required to immediately remove a work from the SITE if it is sold through another platform or directly to a third party. Failure to do so will make the MEMBERS liable for any resulting damage or claims.
5.15. MEMBERS shall not upload any works prohibited for sale under laws such as the Medal and Orders Law No. 2933, the Cultural and Natural Heritage Preservation Law No. 2863, or any other relevant regulations.
5.16. MEMBERS are solely responsible for any warranties or representations regarding the authenticity, originality, or condition of the works listed on the SITE. The COMPANY does not have any obligation to provide warranties in this regard.
GENERAL OBLIGATIONS AND RESPONSIBILITIES OF THE COMPANY
6.1. The COMPANY has the right to terminate this AGREEMENT unilaterally at any time without notice. MEMBERS will not have any claims in the event of termination.
6.2. The COMPANY is not legally responsible for any transactions between BUYERS and MEMBERS.
6.3. The COMPANY does not provide any guarantees or warranties to BUYERS and is not a party to any transactions made through the SITE. The COMPANY is not liable for any inaccuracies or incomplete information regarding the works listed on the SITE.
6.4. The COMPANY has the right to use any information related to the works listed by MEMBERS (including photos, images, and other media) for social, visual, auditory, and print media advertisements or promotions without paying any fees to the MEMBERS.
6.5. The COMPANY is not responsible for ensuring that the works listed by MEMBERS comply with legal regulations or are suitable for trade.
OTHER PROVISIONS
7.1. Membership to the SITE is paid. Information about membership types and fees can be found under the "Membership Options" section on the SITE.
7.2. Unless otherwise stated, all fees for services on the SITE will be calculated and collected in Turkish Lira. MEMBERS undertake to pay any applicable taxes, fees, or levies resulting from their sales transactions.
7.3. Since the works listed for sale on the SITE are unique, if an artwork is sold to a third party before or at the same time as being sold through the SITE, the sale will be canceled, and the payment will be refunded to the BUYER.
7.4. It is prohibited to sell, display, or attempt to sell works that are copyrighted by others. The COMPANY is not liable in such cases.
7.5. The works listed on the SITE may not be copied, reproduced, or used for commercial purposes without the express permission of the copyright owner.
7.6. MEMBERS undertake to comply with all applicable Turkish laws, including the Turkish Penal Code, Turkish Commercial Code, Copyright Law, and other relevant regulations.
FORCE MAJEURE
Any unforeseeable and uncontrollable event, such as a natural disaster, war, terrorism, or strike, that prevents either party from fulfilling their obligations under this AGREEMENT shall be considered force majeure. In such cases, the affected party must notify the other party in writing. If the force majeure continues for more than 10 days, either party may terminate the AGREEMENT unilaterally.
APPLICABLE LAW AND JURISDICTION
Turkish law will apply to the interpretation and execution of this AGREEMENT. In the event of a dispute, the courts and enforcement offices of Istanbul will have jurisdiction.
ENTRY INTO FORCE
This AGREEMENT becomes effective when the MEMBER agrees to its terms during the registration process.
