USER AGREEMENT
1. Introduction
This User Agreement describes the terms and conditions of using the Website and provided services. Please carefully read the following terms and conditions ("Agreement") before accessing and /or using the Website. If you do not agree to any provision of this Agreement, you should not use the Website.
By using the Website, you agree that you have read this agreement and you are bound by its terms and conditions. Do not access and use the Website if you do not accept the following conditions.
We may change this Agreement at any time and without notice by publishing it in Website. Changed terms and conditions of this Agreement shall be in force at the date of publishing. The Agreement may not be changed solely by the user.
2. Definitions
“Web Site” means https://arkiwall.com URL based website and IOS/ Android based mobile applications.
“User” means Visitors who uses/looks up to the website for any reason.
“Member” means The user who determine a username and password under the condition of accepting User Agreement by giving e-mail and/ or phone submission.
“Client” means The legal entity or real person who wants to reach out to the architectural designs of the designers by using Website.
“Designer” means The legal entity, real person or establishment who signed up to the Website To provide architectural design ( If it is a panderer legal entity it is also applicable to the workers).
“User Content” means The content which includes pictures, advertisement, information, video, visual, design or project is used by clients by Website.
“Announcement” means Project announcement created on Website by Clients who want to get Architectural design according to content of announcement.
“Competition/Contest” means The contest published by the clients on the Website.
“Offer” means The offer which forwarded from the designers to the clients as a reply to the advertisement about architecture service for a given period and price.
“Package” means The packages that designers must purchase on the Website in order to offer clients advertisement.
“Available Balances” is a term for the balance in accounts of client an architect members in order to use for advertisement, offer or contest services.
“Agreement” defines herein User Agreement.
3. Scope and Object of the Website
Arkiwall is a platform where users make announcements for project competitions in Website and so they can reach designers for certain designs. Users shall have the Access to content including images, artwork, graphics and comments.
Arkiwall LLC (“Arkiwall”) just provides a platform for clients and designers and bring them together. Arkiwall is not the owner or provider of announcements, competitions, contents, projects in the Website. Arkiwall is not obligated to check and review the content created, posted, submitted, distributed, added or otherwise made accessible by users in legal terms.
4. User Account
4.1. You must register for an Account to access and use certain the Website and the Website Services. Getting a user account is free.
4.2. You must be at least 18 years, possessing distinguishing power, not in the state of disability and can form legally binding contracts to register and use the Website.
4.3. By registering the Website, you agree that you have the registration terms and conditions.
4.4. You are entirely responsible for safeguarding and maintaining the confidentiality of your username and password. You agree not to share your username or password with any person, You agree to (i) immediately notify Arkiwall of any unauthorized use of your User ID, password or User Account, or any other breach of security. You are solely responsible for any activity that occurs with respect to your User Account and User ID.
4.5. User rights, user name and password cannot be transferred to third persons. The responsibility belongs to user solely for any transaction or usage of website.
4.6. Members and users accept that responsibility of any action or transaction undertaken on Web site belong to the member or user. They cannot claim that such action is undertaken by someone else.
4.7. Legal and criminal responsibility of any action or transaction undertaken by users and members shall be borne by them.
4.8. In creating and using your User Account on the Website, you agree to: (i) provide true, accurate, current and complete information about yourself on any registration form required on the Website and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are solely responsible to members or third persons if they may incur any damage due to wrong information or lack of information.
4.9. You are not entitled to transfer your rights and obligations under this agreement to a third person wholly or partially.
5.1. Announcement of Projects and Contest
5.1.1 Clients can publish announcements by fulfilling the requested information according to the agreement provisions.
5.1.2 To create a valid announcement necessary information related to the project (qualification, characteristic, quality, measurements, place of performance and duration etc. ) must be given complete, accurate, clear and strategic.
5.1.3 Entire responsibility related to the announcement belongs to the client. Responsibility due to wrong and deficient information and damages of members and third parties emerged from the announcement belongs to the member. Arkiwall is not responsible to do a research on the information and content uploaded by a member. Also, damages related to the incorrect information or publication is not attributable to the Arkiwall.
5.1.4 Designers must give offers on the Website to the published announcements. By this offer designers claims to do projects with the offered price. To make an offer, designers must buy a package from the website and have an adequate balance on its account.
5.1.5 Arkiwall is not a part of the relationship between members during the announcement, offer process and beyond, therefore has no responsibility in case of any incompatibility between members. Arkiwall and any user do not have any employment or service affair.
5.2. Competition
5.2.1. Clients can create and/ or organize a competition after the payment of contest price and then choose an option from the website in the competition section.
5.2.2. Contests are published on the Web Site and designers attends to these contests bu fulfilling the valid conditions. For the designers to be able to attend the contest they shall buy one of the packages appear in the Website and also have an adequate balance in their account.
5.2.3. Arkiwall is not a party of the published contest. During the contest and afterwards the parties of this relation are clients and designers, Arkiwall has no responsibilities related to the disputes between above mentioned relation.
6. Warranty Disclaimer
6.1. The Website, the services, the Site content and the user content are provided “as is” and “as available” for your use. Arkiwall makes no representations or warranties of any kind regarding the Website, the Site content or the user content. You expressly agree that your use of the website is at your sole risk.
6.2. Without limiting the foregoing, we make no representation or warranty about :
1. The Website or any architect Services,
2. The accuracy, reliability, availability, veracity, timeliness or content of the Website,
3. Whether the Website or Architect Services will be up-to-date, uninterrupted, secure, error-free or non-misleading.
6.3. Arkiwall does not advise on architects or their work and guarantee their performance or the quality of the work. Architects may be rated based on user likes, however this does not mean endorsement or a guarantee any sort.
7. Relationship with Arkiwall
7.1. Arkiwall is not a party to the relationship or any dealings between Client and Architect. We act only as a platform for the online distribution and publication of User content.
7.2. Arkiwall is not liable in case the customers do not pay or pay less than agreed. Only the customer is liable for such situations.
7.3. Arkiwall does not perform background checks on or guarantee the work and content of Architects or Clients. You acknowledge, agree, and understand that Arkiwall does not, in any way, supervise, direct, control, or evaluate Architects or their work. Any kind of responsibility related to services procured from architects through Website shall be born by the architects. It is the architect to whom the customer may direct any claim out of services provided by the architect. The customers cannot direct any claim to Arkiwall on anything related to project.
7.4. In terms of consumer protection, Arkiwall is not qualified as seller, provider, producer, distributor or advertiser. The parties are responsible all kind of taxes and fees.
7.5. You agree that Arkiwall does not have any responsibility for the defects in the services and goods you purchased from Architects, and the Architect is responsible for all request and responsibilities regarding the Law on the Protection of the Consumer and other relevant legislation.
8. Limitation of Liability
8.1. In no event will Arkiwall and its affiliates or staff be liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities arising from including but not limited to;
(i) your use of or your inability to use our Site or Site Services,
(ii) delays or disruptions in our Site or Site Services,
(iii) viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services,
(iv) attacks that can be made on Arkiwall's computer network and the existing database information on this network,
(v) glitches, errors or inaccuracies of any kind in Website or Website services,
(vi) your reliance on the quality, accuracy, or reliability of postings, profiles, ratings, recommendations, and feedback (including their content, order, and display), composite information, or metrics found on, used on, or made available through the Site.
9. User Content
9.1. Any announcement, information, picture, image, comment, idea, advice, offer or any kind of content belongs to concerned User, only the User is responsible for the content. In case, such content is in breach of aw, inaccurate or incomplete, the User who owns the content shall be responsible for the damage other users or third parties may incur therefrom.
9.2. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Arkiwall does not review content provided by users. You agree that we are not responsible for others’ (including other users’) content or information. We cannot prevent this misuse of our Site, and you agree that we are not responsible for any such misuse.
9.3. The user acknowledges and accepts that all kind of his/her actions on the Website is undertaken by himself or herself and he or she bears the responsibility of all actions. The user can not claim that such actions are not undertaken by himself or herself.
10. User Content – Intellectual Property Rights
10.1. When you provide content using our Site (directly or indirectly), you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all Intellectual Property Rights you have in that content in connection with our provision, expansion, and promotion of our services, in any media known now or developed in the future. To the fullest extent permitted under applicable law, you waive your right to enforce your Intellectual Property Rights in that content against Arkiwall.
10.2. By submitting User Content to our Website, you hereby grant us an irrevocable, non-exclusive, transferable, worldwide license to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt in whole or in part and distribute such content, for any purpose.
10.3. You also hereby grant each user of the Website a non-exclusive license to access your content through the Website, and to use and reproduce such content for personal, non-commercial use as permitted through the functionality of the Website and under this Agreement.
10.4. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Arkiwall is not responsible for such content.
11. Local Laws
11.1. Arkiwall makes no representation that content or materials in the Website are appropriate or available for use in local laws. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. Arkiwall is not responsible for any violation of law.
11.2. Designers agree that they will comply with their local laws regarding the competitions held on architectural projects and all kinds of designs. Arkiwall is not responsible for any violation of law.
11.3. For the competitions that would be subject to Turkish Laws, users shall comply with Regulation for Architects, Engineers, Urban Design Projects, City Planning and Art Works Competition and TMMOB Architects Chamber Competition Regulation. The user shall be liable for the damages incurred by the user or third parties if the user act in breach of these regulations.
12. Web Site Content – Intellectual Property Rights
12.1. All trademarks and service marks of Arkiwall that may be referred to on the Website are the property of Arkiwall. Arkiwall is the copyright owner or authorized licensee of all text and all graphics contained on the Website. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of Arkiwall’s trademarks, service marks or copyrighted materials without Arkiwall’s prior written permission.
13. Prohibited Content
13.1. You represent and warrant that your content:
(i) will not be unlawful, harmful, threatening, abusive, harassing, tortious, false, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable
(ii) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person
(iii) will not violate any law or regulation;
(iv) will not include incomplete, false or inaccurate information
(v) falsely state or otherwise misrepresent your affiliation with any person or entity;
(vi) upload, post, email, transmit or otherwise make available any content that you do not have any right,
(viii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, phishing schemes, pyramid schemes, or any other form of solicitation;
(ix) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(x) interfere with or disrupt the Website or any of the servers or networks connected to the Website,
xi) intentionally or unintentionally violate any applicable local, state, national or international law;
(xii) stalk or otherwise harass another; or
(xiii) collect or store personal data about other users.
13.2. Arkiwall may cancel membership or close the account of the persons who commit one of the acts listed above. In this case concerned user shall not be refunded.
13.3. Users may may post, upload, or otherwise contribute content to the Arkiwall. You are solely responsible for all User Content that you post.
13.4. You promise that, with respect to any User Content you post on Arkiwall, (1) you own or have the right to post such User Content; and (2) such User Content, or its use by Arkiwall pursuant to the license granted, does not violate this Agreement, applicable law, or the intellectual property or other rights of any third party.
13.5. Arkiwall reserves the right to remove or disable access to any User Content for any or no reason. Arkiwall may take these actions without prior notification to you.
13.6. You promise that, you shall not commit acts qualified as unfair competition and breach of personal rights.
14. Communications Among Users
14.1. The users accept and undertake that they will communicate only via Arkiwall Website when entering into a service contract or a sale of project after competition. The users shall not obtain from each other, direct communication information such as phone number or e-mail address. They will not communicate through other channels such as Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat, Zoom orYahoo.
15. Third Party Content / Linkes
15.1. Arkiwall website may contain links of other websites of third parties. It is only for information and does not constitute an endorsement or affiliation with the linked website. Arkiwall is in no way responsible for their content. Risk shall be born by the user solely.
16. Termination
16.1. We may terminate this Agreement and your user account at any time, without notice, for any reason. Especially you breach this contract or law. After termination, Arkiwall shall decide on the content solely.
17. Governing Law and Jurisdiction
17.1. This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of Republic of Turkey.
Each party irrevocably agrees that the courts of Republic of Turkey shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Agreement or its subject matter or formation (including non-contractual disputes or claims). Local Courts and Collection Offices shall be authorised.
