Musixen

USER AGREEMENT


ARTICLE-1
PURPOSE

1.1. This Agreement, together with other rules on the Website, regulates the terms and conditions of the services offered by Musixen.com and the rules for using the platform. The User is deemed to have approved this Agreement when creating a Service Request through Musixen.com or to have undertaken to comply with this Agreement from the moment he/she starts to benefit from the platform.

1.2. Musixen.com has the right to unilaterally amend or modify this Agreement in order to ensure the continuity of intermediary services, to comply with future technical requirements or legislation. In case of any change, Musixen.com will publish the current terms of use on the platform under the same link with the new date update, and if deemed necessary, it will be notified to the users via e-mail, mobile push notification and similar different communication channels and will submit them for approval. The revised updated Agreement will be valid from the moment it is published on the platform and the use of the platform or its services will be subject to the terms of the revised Agreement from that moment on.

ARTICLE-2
DEFINITIONS

In the text of this Agreement;

2.1. "Musixen.com" refers to Musetechs Yazılım Danışmanlık İthalat ve İhracat Ticaret ve Sanayi A.Ş,

2.2. "Platform" refers to https://Musixen.com, https://musixen.live/ websites and IOS / Android based Mobile Applications,

2.3. "User" means any person who uses the Platform for any reason,

2.4. "Member" refers to the User who sets a username and password for himself/herself, subject to the condition of accepting this User Agreement by receiving e-mail registration,

2.5. "Service Receiver" refers to the natural or legal person User who submits a Service Request to purchase any service offered by the Service Providers through the Platform,

2.6. "Service Provider" (Service Provider in the context of the Regulation) refers to the individual, organization or legal entity that has approved this User agreement through the Website to provide Services (if the Service Provider is a legal entity, this definition also includes persons who carry out services on behalf of the Service Provider and work under it),

2.7. "Music Artist" means the individual or group who creates, manages, transmits, owns the rights to, or has obtained the necessary permissions for the publication of, all electronic and physical materials related to the publications submitted to the Platform or who represents all right holders on the published works,

2.8. "Service Request" refers to the service request published by the Service Receiver on the Platform in order to receive Offers and Services from one or more Service Providers, or the request to direct services to the Service Provider among the relevant Music Artists according to the availability of Musixen.com for some services according to their nature,

2.9. "Publication and Service Fee" means the standard unit price to be paid by the Service Receiver to the Service Provider upon referral of the Service Receiver to the Service Provider in the Reservation System and announced in advance for the service via the Website,

2.10. "Reservation System" refers to the system offered on the Platform in terms of some services according to their nature and where the Service Receiver will request the Service Provider to direct him/her the day and time of the service he/she will request on a one-time or regular basis while creating a Service Request,

2.11. "Online Payment System" refers to the system that enables the Service Receiver to collect the fee for the service to be received by the Service Receiver through the Platform and the commission fees that the Service Provider is obliged to pay to Musixen.com or the payment institutions cooperated by Musixen.com from the Service Receiver by credit card, debit card, other payment methods supporting online payment provided by banks under the terms and conditions specified in this Agreement,

2.12. "Agreement" refers to this User Agreement.

ARTICLE - 3
SERVICES OFFERED BY MUSİXEN.COM

3.1. Musixen.com ensures that the service, product or service request information, the contents of which are created by the Service Provider and Service Receiver themselves, are included on the Website in accordance with the content notified to it and within the framework of the provisions of this Agreement.

3.2. Musixen.com is only a publishing platform, the owner and electronic service provider of the services on the Website. According to Article 6/4 of the Regulation, Musixen.com is an intermediary service provider and is not obliged to control the content provided by natural and legal persons using the electronic environment in which it provides services and to investigate whether there is an illegal activity or situation related to the goods or services subject to this content and content.

TERMS OF USE
ARTICLE-4
MEMBERSHIP SYSTEM

4.1. Membership to the Platform is free of charge. Members may submit multiple Service Requests at the same time through a single Member account. It is the user's own responsibility to determine and protect the password. The username and password must not be shared and must be carefully protected. The Member is directly responsible for the malicious use of his/her account by other persons through his/her own fault. Musixen.com shall have full recourse to the Member for any judicial/administrative fine and/or compensation that it will have to pay for this reason.

4.2. All kinds of information such as name, address, telephone, e-mail, tax office, etc. declared to the Platform while creating a Member account must be up-to-date, accurate and complete. Musixen.com is not obliged to check the accuracy and currency of such information. The responsibility for the damages incurred by the Members or third parties due to the incorrect or incomplete information in question belongs to the relevant Member.

4.3. Usage rights, username and password related to membership cannot be transferred to others.

ARTICLE-5
OBLIGATIONS OF THE SERVICE RECEIVER

5.1. Any administrative, legal and criminal liability that may arise due to the Service Receiver's failure to comply with the terms of this Agreement belongs to the Service Receiver.

5.2. Service Receiver shall not contact the Service Provider without the knowledge of Musixen.com regarding a Service Request created through the Platform, in order to exclude Musixen.com, to agree on a lower price or not to pay a commission fee.

5.3. Service Receiver agrees that Musixen.com is not a party to the agreement and has no responsibility in the agreement with the Service Provider.

5.4. Service Receiver agrees to collect the relevant service amount from the credit card and to inform Musixen.com in case the previously shared credit card information changes.

5.5. Service Receiver agrees that Musixen.com has the authority to store the credit card information in the contracted payment institution system and share it with the system operators, provided that it is permitted under the legislation. Musixen.com is not responsible for any failures that may occur in the contracted payment institution system.

5.6. Service Receiver is responsible for all taxes that fall on him/her in relation to the service, except for taxes arising from Musixen.com's income.

ARTICLE-6
AUTHORIZATIONS GRANTED TO MUSİXEN.COM

6.1. Musixen.com may temporarily suspend or completely stop the operation of the system. Users do not pay any usage fee to Musixen.com for the use of the Website and shall not make any request from Musixen.com due to the suspension or suspension of the system.

6.2. Musixen.com or the payment institution it cooperates with may temporarily suspend or completely stop the ability of the relevant Users to make online payments by credit card due to the Service Receiver and Service Provider transactions that raise security doubts. For this reason, Musixen.com has no liability to its Users or third parties.

6.3. Musixen.com or the payment institution it cooperates with has the right to question the limit adequacy of the card subject to the Online Payment System before approving the Service Request within the scope of the Reservation System.

6.4. Musixen.com owns the intellectual rights of all data that will be generated by the use of the Website. With such information, Musixen.com may prepare reports containing demographic information without disclosing the User's information, or may use such information or reports itself, or may share such reports and/or statistics with its business partners and third parties with or without charge. These transactions do not contradict the provisions of Musixen.com's privacy policy.

6.5. Musixen.com may notify its Users of promotions and new services or projects or news via e-mail or push notification. If Users do not wish to receive such e-mails, they may stop receiving such notifications by sending a written notification to info@musixen.com or through the commercial communication channel that reaches them.

6.6. In case of any dispute between the Users regarding the violation of intellectual rights, Musixen.com is obliged to take action based on a finalized and enforceable court decision to be submitted to it. In other cases, Musixen.com shall act at its own discretion.

6.7. Comments/evaluations received from Users regarding the Service Provider are published in a way that all Users can see after the necessary approval, control and correction to be made by Musixen.com. Musixen.com has the authority to correct, sort or publish or not publish such comments. Musixen.com reserves the right to modify or terminate the Platform (or any part thereof) temporarily or permanently at any time with or without prior notice.

6.8. In order to protect the integrity of the Platform, Musixen.com may at any time, at its sole discretion, prevent certain Users and Users at certain Internet Protocol addresses from accessing the Platform.

6.10. Musixen.com reserves the right to make some or all of the services paid or free in the future. The pricing and commission policy for some services may vary from time to time depending on the number, intensity or quantity of services purchased or offered.

6.11. Musixen.com may use SMS, e-mail or other technical means to verify Users' e-mail address, mobile phone number and other information.

6.12. Musixen.com may prohibit Members from using the Platform and access to Membership rights, suspend Membership, temporarily suspend the use of the Platform without having to show any reason if it is determined that the Members violate this Agreement or to the extent required by the situation.

6.13. In the event that the users' immoral, criminal or insulting comments are detected by Musixen.com, the service received by the user may be terminated, as well as the user membership is canceled, and if the devices on which these comments are made are detected, the installation and activation of the platforms on the devices may also be blocked by Musixen.com.

6.14. If Musixen.com determines that the user profile is used for the purpose of committing a crime such as fraud, etc., it may block the relevant user profile and reserves the right to complain.

ARTICLE-7
RELATIONS AND TRANSACTIONS WITH USERS (ALL USERS)

7.1. Users are fully responsible for the relations between each other.

7.2. While communicating with each other, Publishers (Artists / Service Providers) or Musixen.com employees, Users may not display or use content that is racist, hate speech against any group or person, violates personal rights, defamatory, insulting, harassing or advocating harassment, praising illegal & terrorist activities, unfair competition, threatening, obscene, defamatory, sexual harassment and slanderous behavior. Any other situation may require termination of the User's rights and, if necessary, notification of the situation to the official authorities.

7.3. If an investigation is opened or a trial is held against both the Service Provider and the Service Receiving Users due to any criminal behavior before, during and after the service, Musixen.com will share all information and documents in its possession with the relevant judicial authorities upon request.

7.4. Service Receivers or Service Providers may not write favorable or unfavorable comments or write content that creates unfair competition about someone else's work products, brand, trade name and services, even if they do not receive or provide services for themselves or someone else.

7.5. If the Music Artists are disturbed by the comments made by the users during their broadcasts, the voice artist has the right to remove the relevant user from the broadcast or block the relevant user. However, voice artists also have the right to block users they are uncomfortable with in their own profiles.

7.6. Platform users also have the right to block other users on the platform that they feel uncomfortable with.

7.7. All users who will use the platforms irrevocably accept, declare and undertake that they know in advance the provisions specified in this article.

ARTICLE-8
COPYRIGHT POLICY

8.1. The visual and written content presented on the Website is for personal use. Musixen.com is the owner or licensee of all materials ("Materials"), including all domain names, logos, graphics, sounds, icons, designs, texts, images, html codes, other codes, technical data presented in demonstrative, written, electronic, graphic or machine-readable form, applied sales system, business method and business model contained in the Platform content, and all intellectual and industrial property rights related to them and are under legal protection. Unless otherwise stated, they may not be used for commercial or personal purposes without permission or reference. Except for the User's own picture and portfolio, the User is prohibited from publishing any element of this site in any other medium or website.

8.2. The right to the software used in the design and database creation of these pages belongs to Musixen.com. It is strictly forbidden to copy or use such software and to reverse engineer the software and technologies used.

8.3. The copyrights of all comments and criticisms submitted to Musixen.com belong to Musixen.com. Musixen.com reserves the right to make various changes to the comments in question, to delete or completely remove the comments, and may not publish some of the comments. Musixen.com reserves the right to use all information, comments and criticisms linked to the user account for its own marketing activities, provided that it adheres to the terms of use, privacy principles and applicable legal regulations.

ARTICLE-9
BREACH AND TERMINATION OF THE AGREEMENT

9.1. Users are responsible for any damages that Musixen.com and 3rd Parties may incur as a result of the violation of the provisions of this Agreement. If Musixen.com determines that the Agreement has been violated, it may immediately unilaterally terminate this Agreement without prejudice to its claim rights arising from this Agreement.

9.2. The parties may terminate this Agreement at any time. At the time of termination of the Agreement, the receivable rights of the parties from each other shall not be affected.

ARTICLE-10
APPLICABLE LAW AND DISPUTE RESOLUTION

Any disputes that may arise from the implementation of this agreement will first be tried to be resolved in good faith between the parties. If this is not possible, Istanbul Courts and Enforcement Offices shall be authorized to resolve disputes.

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