Membership Agreement
1. PARTIES
This Membership Agreement (hereinafter referred to as the “AGREEMENT”) is concluded between DEMOS ENDÜSTRİ FUARCILIK A.Ş. (hereinafter referred to as the “COMPANY”), which operates the website https://iaafonline.com/ (hereinafter referred to as the “SITE”), and all real and legal persons and institutions that are listed on the SITE for the purpose of selling products (“SELLER/MEMBER”) (hereinafter referred to as the “MEMBER”).
The AGREEMENT enters into force during the membership registration process. By becoming a member of the SITE, MEMBERS accept all provisions of this AGREEMENT in advance and irrevocably declare that they are bound by them.
DEFINITIONS
Unless otherwise stated, the following terms used in this AGREEMENT shall have the meanings set forth below:
a) SITE: The domain name https://iaafonline.com/ and all subdomains connected to this domain.
b) AGREEMENT: This AGREEMENT together with its annexes.
c) BUYER: Persons who may request to purchase products offered on the SITE.
d) MEMBER/SELLER: Persons who become members of the SITE by accepting this AGREEMENT, who have the right to list artworks for sale on the SITE, and who have executed a Distance Sales Agreement and, depending on the nature of their activity, a Gallery Agreement or Artwork Owner Agreement with the COMPANY.
f) Artwork: Products offered for sale on the SITE that are the result of intellectual and creative effort.
g) Artwork Owner: Persons who hold intellectual property rights over artworks exhibited on the SITE.
SUBJECT OF THE AGREEMENT
This AGREEMENT regulates the rights and obligations of the parties within the relationship established between the COMPANY and the MEMBER upon the MEMBER’s registration on the SITE.
MEMBERSHIP CONDITIONS
In order to become a member of the SITE, the applicant must be legally eligible, provide complete and accurate identity information requested by the COMPANY, must not have been temporarily suspended or permanently banned from membership by the COMPANY, and must approve this AGREEMENT during registration.
GENERAL DUTIES AND RESPONSIBILITIES OF MEMBERS
5.1. MEMBERS irrevocably accept and undertake that while completing the registration process and using the services of the SITE, they shall comply with all terms of this AGREEMENT, the rules stated on the SITE, and all applicable legislation.
5.2. The COMPANY reserves the right to unilaterally amend or modify this AGREEMENT by announcing such changes on the SITE Announcement page at least 10 days in advance. It is the responsibility of MEMBERS to follow such updates. Continued use of the SITE after amendments shall be deemed acceptance of the changes.
5.3. MEMBERS irrevocably declare and undertake that all information and content provided by them on the SITE are accurate and lawful.
5.4. The COMPANY is not a party to transactions related to the purchase and sale of products offered on the SITE. MEMBERS accept and declare that they are solely responsible for all such transactions. Artworks offered for sale may not be listed at exaggerated prices for visibility or other purposes; artwork prices must be approved by the COMPANY.
5.5. The responsibility for delivery of an artwork related to an order for which payment has been collected belongs solely to the MEMBER.
5.6. MEMBERS irrevocably accept and undertake that they shall not make any claims against the COMPANY due to temporary or permanent unavailability of the SITE.
5.7. MEMBERS undertake to comply with all applicable laws, regulations, and rules while exhibiting and selling artworks. Otherwise, they accept responsibility for all penalties and agree not to hold the COMPANY liable or claim compensation.
5.8. In case MEMBERS engage in bad-faith or unlawful conduct in connection with the services provided on the SITE, their membership may be temporarily suspended or permanently terminated at the discretion of the COMPANY without prior notice.
5.9. MEMBERS are obliged to submit accurate identity documents when requested by the COMPANY.
5.10. MEMBERS agree to act in compliance with the Law No. 6698 on the Protection of Personal Data. MEMBERS accept that the COMPANY has no responsibility regarding the exchange, storage, protection, or deletion of personal data between MEMBER and BUYER.
5.11. MEMBERS irrevocably undertake to indemnify the COMPANY against any damages arising from third-party claims due to violation of this AGREEMENT or its annexes.
5.12. The MEMBER and the COMPANY are independent parties. MEMBERS declare that there is no partnership or employer–employee relationship between them.
5.13. MEMBERS irrevocably agree not to hold the COMPANY, its representatives, or employees liable for any claims, losses, or damages arising from transactions conducted on the SITE.
5.14. If a MEMBER sells an artwork outside the SITE or by other means, the artwork must be removed from the SITE. Otherwise, the MEMBER accepts responsibility for any third-party claims.
5.15. MEMBERS may not upload artworks whose sale is prohibited under Law No. 2933 on Medals and Decorations, Law No. 2863 on the Protection of Cultural and Natural Assets, or other applicable legislation. Any liability arising from violations shall belong to the MEMBER.
5.16. All responsibility regarding authenticity, originality, condition, legality, and accuracy of descriptions of products offered for sale belongs to the MEMBER. MEMBERS irrevocably accept that the COMPANY provides no guarantees in this respect.
GENERAL DUTIES AND RESPONSIBILITIES OF THE COMPANY
6.1. The COMPANY reserves the right to terminate this AGREEMENT at any time without prior notice. MEMBERS shall not claim any rights or compensation as a result of such termination.
6.2. The COMPANY bears no legal responsibility for transactions between BUYERS and MEMBERS.
6.3. The COMPANY provides no guarantees regarding BUYERS or transactions conducted through the SITE and is not a party to such trade under any circumstances.
6.4. The COMPANY has the right to use all information and materials (including photos and visual content) related to artworks exhibited by MEMBERS on the SITE for promotional and advertising purposes without any obligation to pay compensation.
6.5. The COMPANY is not responsible for the authenticity, legality, or commercial suitability of artworks exhibited by MEMBERS. All legal responsibility belongs to the MEMBER.
OTHER PROVISIONS
7.1. Membership is subject to fees. Membership types and fees are available under the “Membership Options” section on https://iaafonline.com/. By purchasing any package, MEMBERS are deemed to have accepted the Distance Sales Agreement.
7.2. Unless otherwise stated, all fees are calculated and collected in Turkish Lira. MEMBERS are solely responsible for all taxes and legal charges arising from their transactions.
7.3. As original artworks are unique, stock availability is naturally limited. If an artwork is sold simultaneously elsewhere and delivery becomes impossible, the full amount shall be refunded to the BUYER by the MEMBER.
7.4. It is prohibited to sell or exhibit copyrighted works by persons other than the rightful owners. In such cases, the artwork shall be removed from the SITE and the COMPANY shall bear no responsibility.
7.5. Without written permission of rights holders, artworks may not be copied, reproduced, altered, or used for commercial visual purposes.
7.6. MEMBERS agree to comply with all applicable laws and announcements published by the COMPANY. Any legal, criminal, or financial liability arising from violations belongs to the MEMBER.
7.7. The COMPANY shall not be liable for pricing or system errors caused by typographical or technical mistakes.
FORCE MAJEURE
Events beyond the control of the parties such as natural disasters, war, terrorism, riots, legislative changes, seizure, strikes, lockouts, or major technical failures shall be considered force majeure. During such events, parties shall not be held liable for failure to perform obligations. If force majeure continues for more than 10 (ten) days, either party may terminate the AGREEMENT unilaterally.
GOVERNING LAW AND JURISDICTION
This AGREEMENT shall be governed by Turkish Law. Istanbul Courts and Enforcement Offices shall have exclusive jurisdiction over any disputes arising from this AGREEMENT.
EFFECTIVE DATE
This AGREEMENT, consisting of 4 (four) pages and 10 (ten) articles, shall enter into force on the date it is approved electronically by the MEMBER on the SITE.