Subscription Agreement

PuhuTV Subscription Agreement

This “PuhuTV Subscrition Agreement" defines the conditions of use of the www.puhutv.com website, which Dogus Dijital Hizmetler A.S. is the content provider and owns all rights pertaining to the website, the sub-domain sites linked to this domain name and all applications, information, text, data, any ideas and art products, intellectual and artistic products whether or not qualified as “work”, visual, audial and/or audiovisual items, links , connections, services provided and all kinds of content by the subscriber who will complete the subscription as per the conditions defined by Dogus Dijital Hizmetler A.S. and obtain a login password and the mutual rights and obligations of the Parties.

The subscriber accepts, declares and undertakes that this “PuhuTV Subscription Agreement” is accepted by electronic consent in the digital environment on which the Website is located, that the subscription process has been completed with this approval and that this Agreement has come into force, that the subscriber has read, understood, approved all the provisions of the Agreement and that the “Privacy/Protection of Personal Data Policy and Communication Permission” text in the Website is an integral part and annex of this Agreement.

  1. Definitions

Capitalized terms in this Agreement shall have the following meaning:

Dogus Dijital: means Dogus Dijital Hizmetler A.S., which is party to this Agreement and having its principal place of business at Uniq Is Merkezi Huzur Mahallesi Maslak-Ayazaga Cad. No:4/B K:3, 34398 Sariyer/Istanbul and which is the content provider and the owner of the website with domain name www.puhutv.com

Content: means all programmes including TV series, television film, motion picture, webisode, sports-music-thematic, etc., which are exclusively determined by Dogus Dijital and uploaded to the Site and made available to the public through the Site, and various advertisements related to the products and/or services determined exclusively by Dogus Dijital and all kinds of audiovisual and/or visual, audial works and original content produced/having produced specifically for Dogus Dijital;

Personal Data: means any personal information that the Subscriber voluntarily provides to Dogus Dijital on digital media, that is intended to identify the subscriber directly or indirectly, including, but not limited to, the name, surname, e-mail address, age and gender information, and where connection to the Website is provided through social media accounts, all the information that the Subscriber consents to share through those channels, for the purpose of subscribing to the Website.

Processing of Personal Data: means any operation which is performed upon personal data such as collection, recording, storage, preservation, alteration, adaptation, disclosure, transmission, retrieval, making available for collection, categorization or blocking its use, wholly or partly by automatic means or by other means provided that they form part of a filing system.

 

Site/Web Site and/or PuhuTV: means the www.puhutv.com Website with all rights owned by Dogus Dijital and the Content as determined by Dogus Dijital and made available to third parties, all mobile, tablet and smart tv applications, and all other internet-based applications used by downloading/uploading to any device using the internet transmission method developed/to be developed in relation to the mentioned website.

Agreement: means this PuhuTV Subscription Agreement,

Subscriber: means the person/persons who is party to this Agreement by accepting this Agreement and subscribing to the Website by providing all the information completely with his/her own consent as requested by Dogus Dijital, who is able to log in the website the user name and password selected by himself/herself, and who can benefit from the website with the domain name www.puhutv.com, its applications, sub-sites and the Content.

  1. The Rights, Representations and Obligations of the Subscriber

2.1. Real persons who want to subscribe to the Site, accept, declare and undertake that they read carefully the terms of this Agreement; that they have fully accepted the conditions in the Agreement and their subscription to the Site by filling their subscriber information with their own consent, accurately, completely and properly, or by connecting through their own social media accounts and checking the “accept” box on the Site.

2.2. The Subscriber accepts, declares and undertakes that all personal information provided to the Website for registration with Dogus Dijital is provided with his/her own consent, that Dogus Dijital is allowed to process his/her Personal Data, that the information in question is correct and belongs to him/her, otherwise he/she will have all the legal and criminal liability and in the event of damage suffered by Dogus Dijital for this reason, he/she will compensate any damage immediately, without any need for a court decision, in cash and in time, and his/her subscription may be terminated unilaterally by Dogus Dijital.

2.3. The password/code that Subscribers will set for subscription must be at least 8 digits, alphanumeric and contain uppercase and lowercase letters. The password/code set in this way must be updated periodically every XXXX month. It is important for user security that the password/code set for PuhuTV subscription is not used for any other subscriptions in electronic environment. The Subscriber accepts, declares and undertakes that he/she will not disclose the username and password he/she created to third parties; that the selection, privacy and protection of the username and password is completely his/her own responsibility, and that Dogus Dijital is not in any way responsible for the problems arising from the use of the username and password. The Subscriber accepts that, personal information he/she provided, and the information related to the log-in and connection to the Website, usage records and information can be saved, stored, backed up, deleted, recorded and controlled by Dogus Dijital, and that his/her Personal Data can ve Processed as per this Agreement and Privacy/ Personal Data Policy and Communication Permission. Similarly, he/she accepts, declares and undertakes that the contact information and other data belonging to the Subscriber may be used by Dogus Dijital and/or related institutions, organizations and persons without further permission or notification for any other services or studies or commercial activities, and that he/she will not claim any rights, receivables, costs and other material and moral demands from Dogus Dijital or the persons who will make use of it.

2.4. The e-mail address provided by the Subscriber at the time of registration is exclusive to the Subscriber and the Subscriber has the right to create a single subscription with this e-mail address, two different subscriptions cannot be created with the same e-mail address. The Subscriber has the right to use the Website for personal purposes only and in accordance with the authority and limits granted by Dogus Dijital only with Dogus Dijital's technique and purpose of publishing, making it available to third parties in audio and visual form. The Subscriber may not transfer or assign his/her subscription to the Website and his/her rights and obligations arising from this Agreement.

2.5. The Subscriber accepts, declares and undertakes that he/she will use the service he/she will receive from the Website in accordance with all applicable national and international legislation, rules relating to internet use, Privacy/Personal Data Policy and Communication Permission text in the Website and the provisions of this Agreement and that he/she is responsible for all actions he/she will take on the Website, including the access to the Website, use of all services, surfing in the main page and sub-pages and access to all Content. The Subscriber accepts, declares and undertakes that, in case of improper use of his/her password in this direction with third parties, he/she will block the use and/or notify Dogus Dijital, and in case he/she acts contrary to the undertakings in this clause, Dogus Dijital may terminate this Agreement immediately, without a notice and compensation, his/her subscription will be terminated and Dogus Dijital will reserve the right to compensate any kind of damages.

2.6. Subscriber may not take action, interfere with, or use the site in any way that would damage, block access to, or harm the Websites, goods or services, software or database of Dogus Dijital or its content, media or platform suppliers’ websites, or use the Website in any way prevent third parties from benefitting from Dogus Dijital's services. In this context, the Subscriber accepts, declares and undertakes that he/she will not in any way disrupt or attempt to interfere with the operation of the Website, will not damage the connections, operations, device and elements, data of the Website, he/she will not modify, copy, share any existing code, password or data in relation to the programs and links used by Dogus Dijital and related or authorized persons against the purpose.

2.7. The Subscriber will be able to list the content he/she likes using the “My Track List” feature created by Dogus Dijital.

2.8. The Subscriber accepts, declares and undertakes that he/she is solely responsible for any malfunctions, loss of information and other losses,  without limitation, in the computer, any mobile device and TV, and any kind of device that will access the Website, that he/she must ensure the security of all kinds of wired and wireless internet access and connections of the computers, mobile phones and similar electronic devices which are used to access the Website and benefit from the services, and take the necessary measures in this regard. All responsibility for the protection of the Subscriber's own computer, mobile phone and personal data and subscription information arising from the connection to the Website belongs to the Subscriber.

2.9. Subscriber accepts, declares and undertakes that he/she shall use the service provided by Dogus Dijital for lawful purposes, that Dogus Dijital is not/will not be responsible for any damages that may occur during traffic due to internet connection, that it is solely his/her own responsibility to take security measures such as  antivirus (antivirus), antispam (spam e-mail barrier) and firewall against attacks that may be carried out by third parties over the network during access to the internet and that Dogus Dijital cannot be held responsible for any damage that may be incurred due to the lack of security measures.

2.10. The Subscriber accepts, declares and undertakes that he/she will not commit actions that are contrary to the Turkish Penal Code No. 5237 and other relevant legislation and international agreements, including, but not limited to, comments and information that are threatening, violent, insulting, harassing, pornographic, misleading, deceptive, incomplete and erroneous, inciting crime, racial and ethnic assault and may constitute a criminal element against Dogus Dijital, other users and/or other persons, organizations, institutions, society or part of the society while using the Website and the services provided in any manner, he/she will not use such words and will show the necessary sensitivity to prevent such acts and acts from occurring. All criminal and civil liability arising in this respect shall belong to the Subscriber.

2.11. Subscriber accepts, declares and undertakes that Dogus Dijital and related organizations, institutions or persons do not have any commitment, legal and/or criminal liability in relation to the products and/or services that are introduced or engaged in the advertisements in the Website and/or relevant links, that he/she will not claim any rights, receivables, costs, etc. from Dogus Dijital and/or related institutions, organizations and persons regarding the mentioned products and/or services.

  1. The Rights, Representations and Obligations of Dogus Dijital

3.1. Dogus Dijital owns rights over the Website and Content. The use of the Website and/or the Content by the Subscriber under the conditions provided by Dogus Dijital does not give the Subscriber the right to own any intellectual and industrial property rights of the site and/or the content and/or to have any kind of title on the Website and Content.

3.2. Dogus Dijital has no responsibility for the products or services that are the subject of advertisements on the Website and/or linked links.

3.3.Dogus Dijital  may share, record, control, back up, store and process all kinds of Information and records belonging to the Subscriber and share with the official authorities within the framework of this Agreement and Privacy/Personal Data Policy and Communication Permission.

3.4. Dogus Dijital, as it deems appropriate, may change the limit and form of the Website and the use of the service provided by Dogus Dijital within this scope, unilaterally, without seeking consent of the Subscriber. Dogus Dijital may make all or part of the Website, certain services or the use of all services paid at any time. The fact that the Subscriber has benefited from a service before does not mean that he/she will benefit from the same service under the same conditions. Dogus Dijital has no commitment that access to the Website and the use of the services on the Website will be continuous, uninterrupted, that the Site and access will be safe and error free, or that the services (quality) will be on the same terms.

3.5. Dogus Dijital may temporarily suspend or discontinue the availability of the Website and the operation of the system for a period of time, if deemed necessary. Dogus Dijital shall have no liability to the Subscriber or to third parties for the temporary suspension or complete suspension of the system.

3.6. Dogus Dijital reserves the right to back up and delete some or all of the information, records, messages and posts that the Subscriber will keep on the pages for use during his/her use of the Website as it deems appropriate and within the appropriate periods. The Subscriber accepts, declares and undertakes that Dogus Dijital has no responsibility and that he/she will not make any claims, charges or other material or moral demands from Dogus Dijital due to the backup and deletion operations.

  1. Intellectual and Industrial Rights

4.1. All elements of the Site, including, but not limited to, design, text, software, image, html code and other codes, any intellectual and artistic products that Dogus Dijital is the owner of or the rights and/or works, all kinds of Content, name, logo, brand, industrial design and similar industrial products belong to Dogus Dijital  or used by Dogus Dijital under license. The Subscriber may not copy, modify, display, share, distribute, record, reproduce, process, broadcast, market, rent, sell, make available to third parties in any way and/or transmit to third parties the, text, images, audio, visual and/ or audio-visual items, videos contained in the Website, including, but not limited to Content, in whole and/or part and/or the intellectual and industrial products that belong to Dogus Dijital  and/or third parties.

The Subscriber accepts, declares and undertakes that that he/she will not use or permit the Content, Website and/or  Dogus Dijital /Content's to be used in a way that will materially or morally harm  the persons having rights and/or works in accordance with all legislation and any third party, contrary to all legislation including but not limited to,  “Law on Intellectual and Artistic Works No. 5846”, “Decree Law No. 556 on the Protection of Trademarks”, “Law No. 5651 on the Regulation of Broadcasts via Internet and Prevention of Crimes Committed through Such Broadcasts”, “Turkish Commercial Code No. 6102”, “Decree-Law No. 551 on the Protection of Patent Rights”, “Turkish Criminal Code No. 5237”.

4.2. The Subscriber  accepts, declares and undertakes that, in the event that he/she violates the undertakings in article 4.1 and violates the rights of Dogus Dijital  and/or the relevant third parties, this Agreement may be terminated unilaterally, without compensation by Dogus Dijital , all legal and criminal liability will belong to the him/her due to the violation,  and if Dogus Dijital  and/or the relevant rights holders face any legal, administrative or criminal sanction, lawsuit, he/she will be the only answerer and compensate any material-moral, negative-positive damage and/or the amounts that Dogus Dijital  will pay to third parties  immediately, in cash and at once, at the first request, without the need for a court decision.

  1. Termination

5.1. Dogus Dijital, at any time, may permanently or temporarily stop the service, privileges it provides to the Subscriber in accordance with this Agreement, and change the service and the Website and the Content, the method and purpose of use, access and publishing technique, extend or shorten the period of use, restrict the use or stop it completely, make it partially and/or fully paid, make any changes in its intended use, and terminate this Agreement and the Privacy/ Personal Data Policy and Communication Permission Permit text accepted by the Subscriber.

5.2. The Subscriber accepts, declares and undertakes that if he/she  violates any provision of the Agreement and/or its annex Privacy/ Personal Data Policy and Communication Permission Permission, Dogus Dijital  has the right to intervene, suspend subscription, limit access to the services and access in whole or in part, and terminate subscription. The Subscriber agrees, declares and undertakes that he/she shall immediately, in cash and once upon the first request, compensate for any damages of Dogus Dijital of any kind, material and moral, positive or negative, in case it violates this Agreement and/or its annex, without the need for a court decision.

5.3. The Subscriber will always be personally responsible due to the actions and acts he/she performed during his/her subscription and before a cancellation, to Dogus Dijital  as well as to other third parties, institutions and organizations even if he/she cancels the subscription unilaterally or the subscription is stopped/suspended/terminated by Dogus Dijital .

  1. Miscellaneous

6.1. The Subscriber may not transfer or assign the rights and/or obligations arising from this Agreement to third parties. Dogus Dijital may transfer or assign to others the rights and/or obligations under this agreement in whole or in part.

6.2. In the event that any provision of this Agreement is cancelled or in violation of the law, this does not invalidate the provisions of the Agreement other than those deemed invalid or unenforceable and similarly this does not affect the application of the provisions deemed invalid or unenforceable to any other person or situation to which it is possible to apply. In the event that any provision of the Agreement is thus revoked or found to be invalid, the other provisions of the Agreement shall be valid and enforceable to the extent permitted by law.

6.3. Dogus Dijital may change this Agreement in its sole discretion and unilaterally by announcing it on the Website at any time it deems appropriate. The amended provisions of this Agreement shall take effect on the date they are announced, and the remaining provisions shall remain in full force and shall continue to bear consequences.

  1. Data Sharing

7.1. By accepting this Agreement and the "Privacy/Personal Data Protection Policy and Communication Permission", the Subscriber accepts, declares and undertakes that the personal data he/she has shared with his/her own consent can be collected, stored, processed, used, transferred for the purposes of providing and offering various advantages and making all kinds of electronic communications and other communication messages for personal advertising, sales, marketing, questionnaires, reservation privileges and similar purposes, remembering his/her preferences and personalizing his/her website/mobile application/mobileweb, determining how he/she uses the website/mobile application/mobilweb, how he/she views the website/mobile application/mobileweb, such as the where he/she connects to the Website, which content is viewed in the website/mobile application/mobileweb and the duration of his/her visit. For the same purposes, the personal data in question will be shared with all business partnerships with our direct/indirect domestic/international subsidiaries/affiliates, our parent company and all of its direct/indirect domestic/international subsidiaries and affiliates, and third parties having the same legal and technical responsibilities as Dogus Dijital regarding data protection and security and who comply with the relevant legislation provisions.

7.2. The Subscriber accepts, declares and undertakes that he/she consents to the use of his/her data, which he shares with his own consent, is used and processed for the purpose of providing and presenting various advantages and for all kinds of electronic communications and other communication messages for private advertising, sales, marketing, questionnaires and similar purposes.

  1. Evidential Contract

The Subscriber accepts, declares and undertakes that Dogus Dijital 's books and records including all kinds of Dijital  records, microfilms and the records and data of the Website, any information in the database will constitute valid, binding and definitive evidence in the sense of Article 193 of the Civil Procedures Law No. 6100 and this article constitutes an evidential contract.

  1. Applicable Law, Venue and Enforcement Offices

Turkish law shall apply in the interpretation, application and settlement of disputes between the Subscriber and Dogus Dijital .

The courts of Istanbul Central (Caglayan) and Enforcement Offices shall be authorized to resolve any disputes arising from the application of the Agreement and/or the use of the service provided to the Subscriber by Dogus Dijital.

  1. Enforcement

10.1. The Subscriber accepts, declares and undertakes that he/she has read, understood, in a way not to cause an objection, this Agreement and that he/she and will act in accordance with the terms of it, and that he/she approves the Agreement electronically in digital media with the system established by Dogus Dijital .

The Subscriber accepts, declares and undertakes that after the Subscriber has written his/her e-mail address and determined his/her password, he/she will check the box saying “I have read and accepted the PuhuTV Subscription Agreement and the Privacy/Personal Data Protection Policy and Communication Permission”, the acceptance statement has been recorded on Dogus Dijital records, and that the Agreement will be deemed to have been established and entered into force without any limitation. People who accept their subscription by accepting the terms of the Agreement cannot then claim that the conditions are invalid and they do not accept the Agreement.

10.2. The Subscriber can always find the current version of the Agreement on the Website and can read the updates generated by Dogus Dijital. If Dogus Dijital deems it necessary, by submitting to the Subscriber’s approval, it may request that the Subscriber read and approve the changes in the terms of the Agreement by clicking the relevant button in order to benefit from the Site and the services to be provided by Dogus Dijital. The Subscriber accepts, declares and undertakes that he/she is obliged to follow the changes made in the terms of the Agreement, that he/she will not claim that Agreement between the Parties has ended on the grounds that he/she is not aware of the changes to the Agreement and the will to enter into an Agreement has ended.