All rights of vadisound.com (“Site“) belong to Vadi Sound (VADI SOUND) and the use of the Site by Users and Subscribers is subject to the following terms and conditions. Please read the Terms of Use and Subscription Agreement (“Terms of Use“) carefully before you access or use the site and become a subscriber. VADİ SOUND can make changes in this agreement at any time and these changes take effect immediately upon the posting of the amended agreement on the site. You agree to review periodically the contract to be aware of these changes, and your continued access to the site or your use of the ongoing site will mean that you have accurately accepted the amended agreement.Subscription of the site is subject to your acceptance of the conditions written below. By accessing or using the site, you agree to be bound by the terms and conditions stated below. If you do not want to be bound by these terms and conditions, you may not access or use the site. However, if you have started such use, you should stop using it immediately. VADİ SOUND reserves the right to change the services, products, ideas and works of art offered within the scope of the Site and the Site extension including the Terms of Use, any information and data presented on the Site without any prior warning or notice, Interrupting the site broadcasting, Site publication to completely stop and reorganize the Site to the fullest extent. Changes made by VADI SOUND on the Terms of Use of the Site enter into force upon their publication on the Site, and these changes are deemed to have been accepted by the user by entering the Site, making any access, or using the Site. Natural or legal persons (“Subscribers”) who have completely filled out the subscription form on the site and whose subscriptions are deemed eligible by VADİ SOUND are accepted. To become a subscriber, you must be at least 18 years old or at least 13 years old and have parent or guardian consent. Legal entities can apply for subscription only through their legal representatives.All subscribers and visitors (“User“) who login to the Site, visit the Site, use it in any way, access and / or connect to the Site in any other way, declare, accept and undertake in advance that they shall comply with the VADI SOUND Web Site Terms of Use set forth on this page. The above-mentioned “User” expression refers to any person who enters the Site by logging in or in any way, uses the Site, examines the Site or is connected to the Site via a computer, or who has or has exchanged electronic data on the Site.
SERVICE CONTENT
The service to be provided by VADİ SOUND through the Site is upload of the products offered for sale on the VADİ SOUND website and / or computer application (Vadi Sound Library) to the customer’s account after the fee is paid by the subscriber.
USE OF VADI SOUND
Information about all the ways to use Vadi Sound is given below.3.1 Service OptionsA description of our service options is available on our website, and we explain what Service options are available when you create a Vadi Sound account. Certain options are offered to you free of charge. The Vadi Sound Service, which does not require any fee, is currently referred to as “Free Service”. You must pay before you can access other options (“Paid Subscriptions”). We can also offer special promotion plans, subscriptions and services through Vadi Sound Service or in conjunction with Vadi Sound Service. There are restrictions, including the number of Free Services per account, the maximum number of devices that can host Free Content. We reserve the right to change, terminate or otherwise modify the subscription plans and promotional offers we offer at any time in accordance with these Terms.Unlimited Service may not be available to all users. When you sign up for services, we explain which services are available to you. If you cancel your Unlimited Service subscription or if your Unlimited Service subscription is interrupted (for example, if you change your payment information), you may not be able to re-subscribe to Unlimited Service. Note that the Unlimited Service may be removed in the future; in this case, you will no longer be charged for the Service.3.2 Trial VersionsFrom time to time, trial versions of Free Subscriptions may be offered by us or others on our behalf for a fixed period of time without payment or at a discounted price (“Trial Version”). Vadi Sound may determine your eligibility for the Trial Version and may cancel or change the Trial Version at any time, without prior notice and without any liability, to the extent permitted by applicable law.
PAYMENTS, CANCELLATIONS AND WITHDRAWAL
4.1 BillingYou may purchase a Paid Subscription directly from Vadi Sound (1) by paying an upfront subscription fee either monthly or annually, or in any other regular basis declared to you before your purchase, or (2) by prepayment that allows you to access the Vadi Sound Service for a specified period of time (“Prepaid Term”). Vadi Sound; may change from time to time the price of Paid Subscriptions including regular subscription fees, Prepayment Period (for periods not yet paid) or Codes, and will notify you of any price changes and, if possible, how to accept these changes. Price changes take effect at the beginning of the next subscription period following the date of price change. Subject to the applicable laws, by continuing to use the Vadi Sound Service after the price change takes effect, you accept the new price. If you do not agree to a price change, you have the right to refuse the change by unsubscribing from the Paid Subscription before the price change takes effect.In accordance with Article 15 (ğ), which regulates the exceptions of the Right of Withdrawal of the Regulation on Distance Sales Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188, the consumer cannot use the right of withdrawal in “Contracts regarding services performed instantly in electronic environment or for intangible goods delivered immediately to the consumer”. For this reason, the right of withdrawal cannot be exercised in accordance with the provisions of the current legislation. 4.2 Renewal; CancellationUnless your Paid Subscription has been purchased for a Prepaid Period, if you purchased the Paid Subscription from Vadi Sound, your payment to Vadi Sound will be automatically renewed at the end of the current subscription period, unless you cancel your Paid Subscription by clicking here before the current subscription period ends. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to a Free Subscription. If you purchased your Paid Subscription through Vadi Sound, and if you cancel your payment or Paid Subscription and / or terminate any Agreement before the current subscription period ends, we will not refund any subscription fees already paid to us.If you have purchased a Paid Subscription using a Code, your subscription will be automatically terminated at the end of the period specified in the Code, or when there is insufficient prepayment balance for the Service.
GENERAL CONDITIONS AND PROVISIONS & RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. VADİ SOUND, constantly checks the accuracy and up-to-dateness of the information available on the Site. However, it should be taken into consideration by the User that this information may not always be up to date.5.2. VADİ SOUND or the User has the right to cancel the subscription without any reason, if they wish.5.3. All kinds of intellectual property rights belonging to the Site (audios, information, texts, pictures, trademarks, logos, designs, trade dresses, icons, visual or audio images, video clips, designs, catalogs, files, lists, data, codes, slogans and other signs, page layout of vadisound.com, etc.) are exclusively at the property of VADI SOUND. The subscriber cannot reproduce the intellectual and industrial property rights subject to the ownership of vadisound.com without the written consent of VADI SOUND and can only work by editing them for another media application. The Subscriber cannot use the whole or part of the computer application or the Site on another media without the written permission of vadisound.com. In the event that the Subscriber acts in a way that violates the intellectual and industrial property rights of third parties or vadisound.com, the Subscriber will be subject to legal and criminal sanctions and will be obliged to compensate all direct and indirect damages of vadisound.com and/or the said third party and the respective costs.5.4 Restrictions: Licensee is not permitted to distribute or reproduce the audios in the Vadi Sound Library in cases where they are not included in other media productions and are not synchronized. It must also be agreed in writing to allow the use of audios in the Vadi Sound Library in applications such as, but not limited to, toys, product design, greeting cards, ring tones and soundboards, hardware devices, media development tools or any other purposes. Licensee’s adaptation, modification or repackaging of audios in the Vadi Sound Library is prohibited, except for the permitted circumstances. Licensee (a) cannot alter, hack, modify, disassemble, decompile or reverse engineer the software used for audios in the Vadi Sound Library, or cannot allow or encourage any third party to do so, (b) cannot use the software or its storage possibility in any illegal way, including but not limited to third party copyright infringement, (c) cannot use the software in any way in the development, marketing or sale of a potentially competitive product, (d) cannot allow to use the software or permit transmission, transmission or export in violation of applicable law.
5.5 The license granted in this Agreement provides Licensee with:- the license to distribute, to synchronize and to publicly perform the reproductions of the audios in the Vadi Sound Library, where they are included in other media productions, which means the products that contain at least one additional media item (music, audio, image, etc.), including but not limited to radio and television broadcasts, film, musical compositions, websites, podcasts, mobile applications, advertisements, multimedia presentations, video games and the like,
Licensee’s right to use audios in Vadi Sound Library on any new product will automatically terminate when the Licensee cancels its subscription. In the event of cancellation, Licensee will delete or destroy all copies of audios in Vadi Sound Library that do not include any media production reference in the above paragraph on the date the subscription is canceled. Audios that were included in a media production at the time of termination can also be used after termination.
5.6 The subscriber is obliged to use his credit card securely. VADİ SOUND is not liable for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons.5.7 Vadi Sound may transfer or assign any of its Contracts and Contracts rights in whole or in part without any notice, and Vadi Sound may transfer any of its obligations under the Contracts. You, as a Subscriber / User, may not transfer or assign the Agreements to any third party, in whole or in part, or transfer or sub-license your rights under the Agreements.5.8. VADİ SOUND has the right to remove the Site from the publication and change its content due to force majeure or in its sole discretion.5.9. When using the user program (Vadi Sound Library), it is obliged to act in accordance with general ethics and morals, all applicable national and international laws and regulations, communication and internet security. All kinds of expressions, comments, texts, pictures, visuals and other information and documents that Vadi Sound Library will add to the program will be in the content and form in accordance with general ethics and morals and relevant national and international legislation. The user agrees and undertakes not to engage in activities that may infringe any rights of third parties and / or affect the security of the program while using the program. Otherwise, the User will be fully and exclusively responsible for any damage that may arise.5.10 Any act or action that may cause damage to the software and hardware systems of the site, adversely affect the operation, or cause it to slow down is prohibited. The said ban includes making multiple inquiries using automatic programs or software or opening a subscription registration or sending a large number of requests or information to the Site through automated methods.5.11 The username and password information given to the User is specific to the User. Users should continue to control the devices that support the Vadi Sound Library, and users accept, declare and undertake that the passwords given to them are given exclusively to them, that they will not share these passwords with others in any way, that he / she will not be able to file any plea and / or objection that he / she did not perform the work and transactions carried out in this way and / or will not refrain from fulfilling its obligations based on such plea or objection; that he / she is exclusively responsible for the security, storage, keeping away from the information of third parties, all damages that other subscribers and / or third parties or VADİ SOUND have suffered or may suffer. It is not under the responsibility of VADİ SOUND to determine the accuracy and completeness of the information provided by the subscriber when making the subscription application. VADI SOUND has no legal responsibility for damages incurred by third parties due to incorrect subscription information.5.12 VADİ SOUND may unilaterally change the terms of this Agreement at any time. The user declares in advance that he/she accepts the changes that can be made by VADI SOUND in this Agreement.5.13. VADİ SOUND has the right to unilaterally delete the subscription of the Subscriber, if it deemed necessary by law. The subscriber accepts that if VADİ SOUND takes such a decision, its subscription may be deleted and therefore VADİ SOUND will not have any responsibility.5.14 VADİ SOUND reserves the right to take all kinds of security measures, including the blocking of access to the Site and the cancellation of the subscription of Users who act in violation of the Site Terms of Use and the above-mentioned rules, and to initiate legal action against the violators if necessary.5.15 VADİ SOUND has no legal or criminal liability for any and all direct and indirect damages, detriments, harm and / or losses that users or other third parties may suffer due to any reason including but not limited to the use of the Site, the use of the data and information presented or provided on the Site, the behaviors performed on the basis of this data and information, or any type of computer viruses, trojans and similar malicious software (malware) that may be exposed due to access to the Site. Users accept, declare and undertake in advance that they will not make any claims or demands from VADI SOUND under any name due to the above-mentioned damages.5.16 These Terms of Use and Subscription Agreement constitute the entire agreement between the Parties on the subject matter of the agreement. If any provision of these Terms of Use and the Subscription Agreement is determined by any competent court, arbitration tribunal or administrative authority to be totally or partially invalid or unenforceable or unreasonable, to the extent that such invalidity, unenforceability or unreasonableness is acceptable, these Terms of Use and Subscription Agreement will be deemed severable and the remaining provisions will remain in full force and effect.
SERVICE LIMITATIONS AND CHANGES
Vadi Sound will make reasonable efforts to ensure that the Vadi Sound Service continues to function properly. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in applicable laws and regulatory requirements may occasionally result in temporary interruptions. Vadi Sound reserves the right to change or remove the functions and features of the Service regularly and at any time, temporarily or permanently, with advance notice where possible, for valid reasons such as the actual interruption, change or termination of the Vadi Sound Service or any function or feature, the need to repair, maintain or improve existing functions or features, or to add new functions or features to the Service, in order to ensure the functionality or security of the Service and application of advances in science and technology, legal reasons and regulatory reasons, without any liability to you in any case, except where permitted by law. You understand, agree and acknowledge that you will use reasonable efforts to maintain, support, upgrade or update the Service, or to provide certain or all content through the Service, although Vadi Sound has no such obligations. Vadi Sound may remove the related Content at any time without notice. This clause will be enforced to the extent permitted by applicable law.
PROTECTION OF PERSONAL DATA
Information, shared by the user in order to become a subscriber of the Vadi Sound Library or to benefit from the Vadi Sound Library and that can be defined as personal data in accordance with the relevant legislation, is collected, stored and processed by vadisound.com or its affiliates in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy with the purpose of fulfillment of the obligations set forth in this Agreement, execution of the applications required for the functioning of the Vadi Sound Library, informing the User about various campaigns, performing payment transactions, making use of Vadi Sound Library audios, performing customer service and complaint follow-up transactions and User-specific advertising, for the purpose of sales, marketing, surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies.The user can access the Cookie Policy on the Platform to learn more.vadisound.com will be able to share the information of the Subscriber with the relevant authorities, upon the request of the competent authorities in accordance with the applicable legislation.The subscriber accepts and declares that he / she consents to the collection, storage and processing of his personal data by vadisound.com in this way. vadisound.com will take all necessary measures to ensure that the personal data in question is stored securely and to prevent unauthorized access and illegal data processing. The subscriber has the right to exercise his / her rights on his / her personal data and to make changes or updates in this data at any time.
TERM AND TERMINATION OF THE CONTRACT
The contracts will continue to be valid for you until terminated by you or Vadi Sound. Any of the parties may at any time terminate these Terms of Use and Subscription Agreement unilaterally. In the event of such termination, the Parties are obliged to fully fulfill the rights and obligations arising until the termination date.Vadisound.com may terminate the agreement unilaterally in the event that the Users violate this contract, its annexes, similar rules regarding the usage, subscription and services within the site, and in particular in the following cases and without limitation; will be liable to indemnify all damages incurred by vadisound.com because of termination:
a) in case the users behave in a way that disrupts the operation of the site,
b) in case the users transfer the subscriber profile created for themselves (including the devices that support the Vadi Sound Library) to someone else without the written consent of vadisound.com or make it available for public use,
c) in case the users commit acts that violate the rights of third parties and / or are in danger of infringing,
d) in case the users shop from other people’s credit cards and / or accounts without permission.
In the event that the contracts are terminated by you or Vadi Sound or in case Vadi Sound suspends your access to its Service, you agree that to the maximum extent permitted under applicable law, Vadi Sound will have no liability or responsibility to you and Vadi Sound will not refund any amount you have paid. You can terminate the agreements at any time.
CONFIDENTIALITY
9.1 Within the scope of this Agreement, in respect of the Confidential Information (any information, program, document, information about products and services, Website / Program content and functioning, service definitions, infrastructure information, idea, invention, work, method, progress, formula, model, purpose, standard, programs and source codes, passwords, special authorization parameters, e-mail addresses, company phone numbers, financial information, new business or service ideas, sales strategies, strategic alliances and partners, solutions, customer lists and portfolios, customer information, personal data, software, trade secrets, drawings, examples, devices, computer programs, sample demonstrations (demos), technical information and patents, copyrights, trademarks, company partnership information, person flood data, trade secret, know-how or any innovations that are or are not subject to other legal protection, all written or verbal commercial, financial, technical information which are transmitted orally, in writing, in electronic or magnetic media or in any other way on commercial, financial, technical or similar matters that the Parties exchange during the relationship) belonging to each other in accordance with the relationship between the Parties, they accept and undertake (i) to protect it in strict confidentiality by acting in accordance with the principles of confidentiality, (ii) not to give, transfer or offer it in any other way to any third party, (iii) not to use it directly or indirectly for the purposes of the commercial relationship between them. 9.2 The information provided by the parties legally from a third party without the obligation of confidentiality, information that has become public without its fault, the laws in force or the information required to be disclosed pursuant to a court decision or administrative order are not included in the definition of “Confidential Information” within the scope of this Agreement. 9.3 In the event that the User violates the confidentiality obligations contained in this Agreement, he/she agrees and undertakes to immediately compensate VADİ SOUND for any damages and all amounts that VADİ SOUND will have to pay to third parties or institutions. 9.4 In payments made through the payment service provider, VADİ SOUND absolutely does not access the credit card / debit card information of the Subscriber. 9.5 The confidentiality obligations contained in this article will remain in effect indefinitely, even if this Agreement expires.
INDEMNIFICATION
You agree to indemnify and hold Vadi Sound harmless for any damage, loss and expense (including reasonable attorneys’ fees and costs) arising from or in connection with: (1) Your breach of the Contracts or any of the Contracts; (2) Any activity you are involved in on or through the Vadi Sound Service; and (3) your violation of any law or the rights of a third party.
FORCE MAJEURE
In case vadisound.com is prevented or delayed from fulfilling its obligations arising from this Subscription Agreement because of any uprising, embargo, state intervention, rebellion, occupation, war, mobilization, employer-employee disputes such as strikes, lockouts, strike actions or boycotts, cyber-attacks, communication problems, infrastructure and internet malfunctions, system-related improvement or renewal efforts and the malfunctions that may occur due to this, power outage, fire, explosion, storm, flood, earthquake, immigration, epidemic or other natural disasters or other events outside of the control of vadisound.com, not caused by its fault and that cannot be reasonably foreseen (“Force Majeure”), vadisound.com cannot be held responsible for its obligations that are blocked or delayed as a result of Force Majeure and this situation cannot be considered as a violation of this Subscription Agreement.
NOTIFICATION
vadisound.com will communicate with the User via the e-mail address provided by the User during registration. The subscriber is obliged to keep his e-mail address up-to-date.
GOVERNING LAW AND SETTLEMENT OF DISPUTES
The disputes arising from these Terms of Use and the Subscription Agreement are subject to Turkish Law, and Istanbul Central (Çağlayan) Courts and Execution Offices are authorized in the resolution of disputes.
EVIDENTIAL CONTRACT
The records of Seller and vadisound.com constitute definitive evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation. This article qualifies as an evidential contract under the framework of Article 193 of the Code of Civil Procedure.
ENFORCEMENT
This Agreement enters into force as soon as it is approved by the Subscriber on electronic media via the Platform and becomes effective from the moment of approval.
