Service and Use Policy
This contract was updated on 21.01.2024.
Esin Ertuvan Marinov Self Employment is briefly referred to as “Esince”.
Customer and User definitions represent individuals or organizations that purchase products/services through the Esince website.
All customers who create an account, shop and gain benefits by accessing the users via the website (“Website”) or mobile applications called www.esince.com.tr are deemed to have read, understood and accepted the conditions consisting of the main article and sub-items below. It is not possible to create a user account and purchase products/services without accepting all the terms and conditions stated below. All users who create an account and purchase products/services can proceed by accepting this agreement.
This contract; It is submitted to the approval of the customer during membership and product/service purchase, and it is not allowed to proceed without their acceptance. It is also constantly posted at the bottom of the site. It is the customer’s responsibility to review and read.
This contract imposes the rights and obligations of the parties on the site that is the subject of the contract, and when the parties accept this contract, they accept and declare that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the terms requested in this contract.
RESPONSIBILITIES
1.1 The 3D design and all related pages on our site are the property of Esince.com.tr and are operated by it. Esince.com.tr always reserves the right to make changes on prices, products and services offered, and contracts.
1.2 Esince.com.tr accepts and undertakes that the buyer will benefit from the contracted products, excluding technical failures.
1.3 The Customer agrees and undertakes not to reverse engineer the use of Esince products or to sell them to other companies or engage in any other activities to find the designer. Otherwise, they accept and declare that in case of detection of this activity, all products purchased at that time and the customer account will be canceled without question and no refund will be made in any way.
1.4 It is forbidden to place fake orders for trial purposes through the site. If detected, their accounts will be canceled and an account cannot be created again with the current account information.
1.5 The Customer agrees and declares that they will pay the fee to be determined by Esince.com.tr.tr for accessories, different features and arrangements in addition to the 3D design and other services they will purchase. The customer cannot claim rights regarding the accessories, different features and arrangements to be made later in the design. The customer not only gets the usage license for the design, but also buys the right to use it for different features and requests that they have made afterwards. Thus, the customer does not have the right to demand that the accessories, different features and requests not be added to another customer or site or used in general sales. (If there is no additional contract or agreement.)
INTELLECTUAL PROPERTY RIGHTS
2.1 All registered or unregistered intellectual property rights of the title, business name, trademark, patent, logo, design, and products on this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any right to such intellectual property rights.
2.2 All products on the Site may not be reproduced, published, copied or transferred in any way. The whole or part of the Site cannot be used on another website without permission.
2.3 All visual and 3D designs of the products detailed on this website are protected under the UK Copyright, Designs and Patents Act 1988 and related intellectual property laws. All rights are reserved. These designs are exclusively available for use through our official website and Social Platforms, the websites of our authorised dealers, and business partners. Any unauthorised reproduction, distribution, or use without prior written consent is strictly prohibited and may result in legal action.
Key Adjustments:
- Reference to UK IP Law: The text now cites the relevant UK legislation (Copyright, Designs and Patents Act 1988) for legal validity.
- Specific Legal Phrasing: Terms like “unauthorised reproduction” and “prior written consent” are standard in the UK to avoid ambiguity.
- Scope of Use: Clarified that usage is restricted to authorised entities to ensure IP rights enforcement.
This version ensures compliance with UK intellectual property norms and is suitable for use on a website targeting UK audiences. Let me know if you’d like additional legal details or further refinements!
INFORMATION PRIVACY
3.1 Esince.com.tr.tr will not disclose personal information transmitted by users through the site to third parties. This personal information; It contains all kinds of other information to identify the User such as person name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as ‘Confidential Information’ for short.
3.2 Confidential Information can only be disclosed if this information is duly requested by official authorities and when disclosure to official authorities is obligatory in accordance with the provisions of the applicable mandatory legislation.
REGISTRATION AND SECURITY
4.1 The customer must provide accurate, complete and up-to-date registration information. Otherwise, this contract will be deemed to have been violated and the customer account will be terminated without informing the user.
4.2 The customer is responsible for the password and account security on the site and third party sites. Otherwise, Esince.com.tr cannot be held responsible for data loss, security breaches or damage to hardware and devices.
CONTENT HOSTING (WEB HOSTING/SERVER SERVICES)
5.1 Content hosting, in other words 3D design production service; basically, consists of hosting the CUSTOMER’s 3D product designs on Esince servers and publishing them over the internet and sharing them with the buyer.
5.2 By using this Service, the CUSTOMER is deemed to have accepted to comply with the terms and conditions set forth herein. Esince will provide services with maximum continuity and functionality during the service period, using all reasonable resources, depending on the terms and conditions of this Agreement.
5.3 CUSTOMER acknowledges that the services may not be accessible or run in some cases, including but not limited to:
– Force majeure (natural disasters such as earthquakes, fires, floods and other anthropogenic hazard),
– Hardware failures,
-Periodic Maintenance procedures or repairs undertaken by the data center from time to time,
– Reasons beyond Esince’s control or unforeseen by Esince, including but not limited to interruptions or malfunctions, malicious network attacks, network density or other malfunctions that may occur in telecommunications or digital transmission lines.
5.4 The CUSTOMER acknowledges that Esince has no one hundred percent control over the continuity or uninterruptedness of the 3D design, Design, Digital Marketing and Video services provided, and these are not guaranteed.
5.5 Esince will make every effort to ensure the continuity of the Services provided to the CUSTOMER.
5.6 CUSTOMER, by purchasing the services subject to this Agreement or creating a customer account, accepts that they are fully responsible for the content of web pages, ftp and other Internet services belonging to themselves or their customers, not to act contrary to Turkish laws, decrees, laws and regulations, general morals and morals in e-mail communication, web broadcasts and all kinds of transactions related to this subscription, and commits.
5.7 The CUSTOMER agrees and undertakes that they will not make webcasts or engage in any activity on the following prohibited materials. Otherwise, they agree that the service they have received will be canceled without question and no refund or the like will be made.
Prohibited materials;
Topsites
IRC scripts, bots
Proxy scripts/anonymizers
pirated software/warez
Image Hosting Scripts (like Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad cycle)
Dump file/Mirror scripts (similar to rapidshare)
Commercial Audio Broadcast (more than one or two broadcasts)
Escrow account/Bank Bonds
Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Policy Chain)
Unlimited services cannot be distributed to third parties free of charge or for a fee.
The sale of substances whose sale is subject to a permit without prior proof of the existence of the required permit(s)
Programs of banks that determine the market
Lottery/gambling sites
MUDs/RPGs/PBBGs
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez/piracy/illegal content
Fraud Sites (including those listed on aa419.org and escrow-fraud.com.tr)
Mailer Pro
Any type of broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing non-copyrighted content
IRCD (irc servers)
IRC scripts/bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam scripts
Escrow Account
Investment sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Policy Chain)
The sale of substances whose sale is subject to a permit without prior proof of the existence of the required permit(s)
Lottery/gambling sites
Sites/archives/programs focused on hacking
Sites promoting illegal activities
Forums or websites that distribute or link to warez/piracy/illegal content
Fraud Sites (including those listed on aa419.org and escrow-fraud.com.tr)
Mailer Pro
Any type of broadcast of Live Sports Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF etc.)
Publishing non-copyrighted content
5.8 Although not specified in the above articles, it is strictly forbidden to engage in any activity that is against the laws in force and constitutes a crime. Otherwise, the CUSTOMER will cancel the service they have received without question and in no way refund etc. agree that it will not.
5.9 In case Esince services are used and/or mediated to carry out acts contrary to publicly accepted morals and customs, your service may be restricted or terminated due to your conduct and publications contrary to general morals and traditions. The customer is aware of this.
5.10 It is the CUSTOMER’s responsibility to ensure that the main elements such as technical drawing, size information and material of the products whose 3D design is requested in the Customer’s Account are adjusted accordingly.
5.11 Esince services, including all associated equipment, networks and network devices, are for authorized Customer use only. Esince systems may be monitored for all lawful purposes, including ensuring that use is authorized, administering the system, facilitating protection against unauthorized access, and verifying security procedures, survivability, and operational security. During monitoring, information can be viewed, recorded, copied and used for permitted purposes. The use of Esince system(s) constitutes consent to monitoring within the framework of these purposes.
5.12 Any account that connects to a third party’s network or system without their permission may be suspended. In order to access networks and systems that are not under the direct control of the customer, it is obligatory to obtain the written consent of the said third party. Esince, if it wishes, may request documents to prove that access to the third party’s network or system is within the scope of permission and may require the submission of such documents.
5.13 Esince does its best to protect and back up all designs of the CUSTOMER on a regular basis, however, it does not accept responsibility for any errors that may arise in the designs within its body. 3D modeling designs are the responsibility of the CUSTOMER. The CUSTOMER always assumes the risk of loss and damage to the files of the 3D design and all the design content. The CUSTOMER is completely obliged to protect the confidentiality of the customer’s password and account information.
5.14 The CUSTOMER accepts that they are responsible for all actions, omissions and expenditures made under their account using their account or password, or related to the site or viewed, linked, stored on the server or published by them.
5.15 CUSTOMER IS OBLIGED TO TAKE THE FOLLOWING MEASURES;
To obtain, request, store and protect independent archive and backup copies of 3D modeling projects, images and videos. Web hosting systems may lose their functionality, be damaged or record data in some undesired or unforeseen situations. Although Esince has taken strong and deep-rooted measures for backup, the Customer is responsible for taking, keeping and protecting backups of all design files, images and videos. Otherwise, Esince is not responsible for any damage or loss that may occur. The customer accepts, undertakes and declares this.
To ensure the security, confidentiality and integrity of websites and to ensure the confidentiality of account information.
To prevent any loss or damage of websites.
OTHER TERMS AND CONDITIONS
7.1 The CUSTOMER accepts, undertakes and declares that Esince and its other customers will not act in any way that will harm the commercial reputation, prestige and prestige of Esince products, and in case of detection of such cases, the customer account and all connected products and services will be canceled without question/question, and that no refund will be given that they will compensate and provide for all damages and losses incurred by Esince and its customers due to this situation.
7.2 The CUSTOMER accepts, undertakes and declares that they will indemnify Esince for all damages and losses against any claim arising from the use of Esince’s services.
7.3 Regardless of who requests, Esince reserves the right to cancel the customer’s products/services due to the negative (mobbing) behaviors exhibited by the customer and behaviors that will adversely affect the working performance of Esince officials and staff, by refunding the amounts corresponding to the remaining use of the Customer’s products/services. CUSTOMER accepts and declares this.
7.4 If the CUSTOMER chooses to pay by bank transfer, Esince activates the service and informs the CUSTOMER as a result of the transfer from the account opened on behalf of the person or institution specified in the CUSTOMER information to Esince’s bank account specified during the order. All costs of payments belong to the CUSTOMER.
7.5 All periodical products and services are suspended if payment has not been made by the end of the service at the latest. Products and services that are not paid within three (3) days following the pause period are permanently deleted from the system and no liability is accepted. CUSTOMER accepts and declares this.
TECHNICAL SUPPORT
8.1 Esince accepts and declares that it will provide “free support” in case of errors and problems arising from the product/service for a period of 2 months from the date of purchase of the product/service by the Customer. Problems caused by subsequent interventions by the Customer on the relevant product/service are out of this scope. In such cases, as a solution, the standard version of the relevant product given by Esince can be re-supplied and installed in the system. The customer is aware of this and accepts and declares.
8.2 In the field of “3D modeling” service, the customer is obliged to provide and maintain all necessary equipment for the smooth operation of the product/service purchased from Esince. These equipment are declared to the Customer at a basic level before and at the time of purchase. Some products/services may require additional hardware and design features above the basic level. The customer accepts and declares that in such cases, the additional features declared by Esince will be provided.
8.2 The customer accepts and declares that they will receive support service against a fee for all matters “outside the standard operation” of all products and services purchased, and that Esince cannot provide support service in such cases, even if it is against a fee, depending on the workload.
8.3 The Customer accepts and declares that they will submit all support requests through the “technical support system” on the Esince.com.tr website, and that they will not be able to receive support services other than this.
8.4 All support requests created by the customer will be answered by Esince within 24 hours, depending on the workload.
FORCE MAJEURE
9.1 Due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power cuts that are not under the control of the parties (hereinafter collectively referred to as “Force Majeure”.), the parties are not responsible if the contractual obligations become unfulfillable by the parties. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
COMPLETENESS AND APPLICABILITY OF THE AGREEMENT
10.1 If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.
CHANGES TO BE MADE IN THE AGREEMENT
11.1 Esince.com.tr may, at any time, change the products and services offered on the site, partially or completely, the terms of this contract. Changes will be effective from the date of publication on the site. It is the user’s responsibility to follow and control the changes. The user is deemed to have accepted these changes by continuing to benefit from the services offered.
NOTICE
12.1 All notifications to be sent to the parties related to this Agreement will be made via Esince.com.tr’s known e-mail address and the e-mail address specified by the user in the membership form. The user agrees that the address they specified while signing up is a valid notification address, that they will notify the other party in writing within 5 days in case of change, otherwise the notifications to this address will be deemed valid.
EVIDENCE AGREEMENT
13.1 In all kinds of disputes that may arise between the parties for the transactions related to this contract, the books, records and documents of the Parties, computer records and fax records will be accepted as evidence in accordance with the Law of Civil Procedure No. 6100, and the user agrees that they will not object to these records.
CANCELLATION/REFUND/RIGHT OF WITHDRAWAL
14.1 Right of Cancellation/Return and Withdrawal in 3D modeling design service;
Consumer rights law, Distance Contracts Regulation, Article 15, clause (ğ) (See: http://www.resmigazete.gov.tr/eskiler/2014/11/20141127-6.htm) “Services performed instantly in electronic environment or contracts for intangible goods delivered immediately to the consumer. As stated, the Customer cannot use the right of cancellation/refund or withdrawal after purchasing the said 3D design product. In order to be able to cancel/return and withdraw, it is essential that there is a grievance that cannot be resolved on the software. The fact that any feature/feature not in the software or the arrangements that require expertise on the product is not made by non-experts cannot be shown as a problem or fault. Before making a purchase, the customer is obliged to examine thoroughly whether the software is suitable for them and to request information if necessary. The customer accepts and undertakes this.
14.2 Design Change in 3D Modeling Products;
Design products are designed for the product declared by the customer themselves at the time of purchase. The customer can then change the product design they have at any time free of charge, provided that it is for once. After making a change on the design once while, the product design cannot be changed again. The customer accepts and undertakes this.
14.3 The customer does not have the right to withdraw, cancel, change or request a refund, provided that there is no problem or grievance caused by our company regarding the products/services listed below.
3D Modeling, Rendered Images, Video Studies (3 revisions are entitled)
14.4 In case the payments are made with a credit card or a similar payment card, the consumer may request the cancellation of the payment transaction on the grounds that the card was used against their will and illegally. In this case, the card issuer returns the payment amount to the consumer within 10 days from the notification of the objection.
RESOLUTION OF DISPUTES
15.1 United Kingdom Courthouses and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.