Membership Agreement
1. Parties
a) Nam Casalinen Tekstil ve Sanayi A.Ş., located at Kandilli Mahallesi, İskele Caddesi No: 40, Üsküdar/Istanbul, carrying out the activities of the website www.nightandmild.com (hereinafter referred to as “Night And Mild”).
b) The internet user who becomes a member of the website (“Member”)
2. Subject of the Agreement
The subject of this Agreement is to determine the terms and conditions under which the Member may benefit from the website owned by Night And Mild.
3. Rights and Obligations of the Parties
3.1. When registering as a member on the website, it is required that the information stated on the membership page is entered accurately and completely, and that the Membership Agreement is approved. The Member declares and undertakes that the personal and other information provided is accurate before the law, and that the Member will fully and immediately compensate all damages incurred by Night And Mild due to any inaccuracy of such information.
3.2. The Member may not give the password determined during membership registration to any other person or organization; the right to use said password belongs exclusively to the Member. The security and confidentiality of the email address used by the Member when registering on the website and the password determined are entirely the responsibility of the Member. The Member accepts, declares, and undertakes that all transactions carried out with the Member’s email address and password have been performed by the Member, and that the Member is solely responsible for all liabilities that may arise therefrom as well as for all claims and demands that may be asserted against Night And Mild by third parties or competent authorities, and that the Member will compensate Night And Mild for any and all damages and losses.
3.3. The Member accepts and undertakes to comply with and not to violate the provisions of the applicable legislation while using the website. Otherwise, all legal and criminal liabilities arising therefrom shall belong entirely and exclusively to the Member.
3.4. The Member may not use the website in any manner that disturbs public order, is contrary to public morals, is disturbing or harassing to others, for any unlawful purpose, or in a way that infringes the intellectual and copyright rights of others. In addition, the Member may not engage in activities or transactions that prevent or complicate others’ use of the services (spam, viruses, trojans, etc.). The Member may not use the whole or any part of the website for the purpose of disrupting, altering, or reverse engineering it. The Member may not use any technology that is harmful to, or spread viruses to, the website, the website database, or any content on the website. The Member may not use the website for any illegal or fraudulent purpose.
3.5. Ideas, opinions, and comments declared, written, or used by Members on the website are entirely the personal views of the Members, and Night And Mild has no responsibility whatsoever regarding such ideas, opinions, and comments. In the event of any claim directed at Night And Mild, Night And Mild will forward the relevant claim to the owner of the idea, opinion, or comment, and Night And Mild reserves the right to recourse to the owner of the idea, opinion, or comment for any and all damages and losses.
3.6. A Member who violates one or more of the provisions listed in this membership agreement shall be personally liable, criminally and legally, due to such violation, and shall hold Night And Mild harmless from the legal and criminal consequences of such violations. Furthermore, in the event that such violation is brought before judicial authorities, Night And Mild reserves the right to claim compensation from the Member due to non-compliance with the membership agreement.
3.7. Night And Mild reserves the right to terminate the Member’s membership unilaterally at any time, when necessary. The Member agrees in advance that the Member will not raise any objection in the event Night And Mild exercises this right.
3.8. The Night And Mild brand and logo, the software and design of the website, and all brands, designs, logos, slogans, and similar content created by Night And Mild in relation thereto are the property of Night And Mild. Industrial property rights and/or other intellectual property rights related thereto are protected by the relevant laws, and they may not be used, acquired, or modified by the Member without permission. In the event the Member infringes the intellectual property rights of Night And Mild or third parties, including those selling on the website, Night And Mild reserves the right to claim compensation and other rights for any damages arising from such infringement.
3.9. The Member accepts and declares that certain information may be collected by Night And Mild for the purpose of improving and developing the website and/or within the framework of applicable legislation, such as the name of the Internet service provider used to access the site and the Internet Protocol (IP) address, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that enables direct connection to the site.
3.10. Night And Mild has taken measures, within the available means, to keep the website free of viruses and similar malicious software. However, to ensure ultimate security, the user must obtain their own virus protection system and ensure the necessary protection. In this context, by accessing the website, the Member shall be deemed to have accepted that the Member is responsible for any errors that may occur in the Member’s own software and operating systems and for the direct or indirect consequences thereof.
3.11. Night And Mild reserves the right to change the content of the site at any time, and to change or terminate any service provided to users.
3.12. Night And Mild may change, update, or cancel the terms of the membership agreement at any time, without any prior notice and/or warning. Each amended, updated, or repealed provision shall become effective for all Members as of the date of publication.
3.13. The Parties accept and declare that all computer records belonging to Night And Mild shall be taken as the sole and exclusive evidence in accordance with Article 193 of the Turkish Code of Civil Procedure, and that said records constitute an evidence agreement.
3.14. In cases where Night And Mild is not the seller of any product or service on the website, Night And Mild acts only as an “intermediary service provider” pursuant to Law No. 6563 on the Regulation of Electronic Commerce and as a “hosting provider” pursuant to Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through Such Publications. Night And Mild is not responsible for the authenticity, reliability, accuracy, or legality of any visual, written, or other content on the website that has not been published by Night And Mild, and has no obligation to verify the accuracy of such content. The Member is deemed to have acknowledged and accepted this matter.
3.15. Night And Mild has the right to cancel an order that creates suspicion of fraud without prior notice to the Member, and the Member has no right to make any claim against Night And Mild due to such cancellation.
3.16. Night And Mild processes and protects Members’ data in compliance with Law No. 6698 on the Protection of Personal Data. The Member may access detailed information regarding the processing and protection of personal data at https://www.nightandmild.com/kisisel-verilerin-korunmasi.
4. Termination of the Agreement
This agreement shall remain in effect until the Member cancels their membership or until their membership is cancelled by Night And Mild. Each party may terminate the Membership Agreement unilaterally at any time without paying compensation. In the event the Member violates any provision of the membership agreement, Night And Mild may terminate the agreement unilaterally by cancelling the Member’s membership.
5. Settlement of Disputes
In disputes arising from this agreement, the Courts and Enforcement Offices of Istanbul shall have jurisdiction.
6. Entry into Force
By creating a membership account, the Member is deemed to have read and accepted all provisions of the membership agreement. This Agreement shall be concluded and mutually enter into force at the moment the Member becomes a member.