GoArt and the User will be referred to individually as the “Party” and together as the “Parties” in this Terms.
2.2 User. GoArt Application member refers to a natural or legal person who is a member of the Application under this Terms and purchases products and/or Services offered for sale by the Seller with ads provided on the Application.
2.3 Application. Refers to the GoArt Metaverse mobile application which can be downloaded via Apple AppStore or Google Play Store owned by GoArt and which GoArt provides the Services set out in this Terms.
4. PURPOSE AND SCOPE
These Terms determines the conditions for Users to use these Services and to determine the rights and obligations of the Parties accordingly. With these Terms the User is deemed to have accepted all kinds of statements, including the content contained in the Application and the applications that will be included in the Application.
5. ACCESSING THE SERVICES
5.2 To create an account in the Application, it is necessary to be an adult and not to be temporarily suspended or indefinitely banned from the membership by GoArt. The fact that under age people or others who have been temporarily suspended or indefinitely banned from membership by GoArt have completed the Application registration process will not result in being a User in the Application.
5.3 In order to benefit from the Services provided under these Terms personal data of the User will be processed. In order for GoArt to provide the Service, the personal data shared by the User must be accurate and up to date. Otherwise, the User is personally responsible for all damages that may arise due to this reason.
5.4 GoArt may, at its sole discretion, unilaterally terminate, close, suspend or completely delete User’s account without notice, any justifiable reason or liability of any kind.
5.5 To use the services covered by these Terms, the User is obliged to notify GoArt of any changes that may occur before becoming a User, during becoming a User, or later in the documents and information that he/she has provided, no later than 15 days after the change occurs.
5.6 If the User is suspended by GoArt for any reason, or if they are removed from membership and blacklisted to never be included in GoArt platforms again, the User cannot become a member of the Application with another user account. If the User becomes a member of the Application in violation of the provisions of this article and the situation is determined, the User will be removed from the membership again and shall be responsible for compensation for any damages that may arise.
6. ACCOUNT REGISTRATION
6.2 The account in the Application is personal, and each user will be able to create a single account. The User shall not make the username and password available to third parties, lend and transfer them.
6.3 The username and password information required by the User to access the Application operated by GoArt and to perform operations through the Application is created by the User, and the security and confidentiality of such information is entirely in the responsibility of the User. The User states that all transactions carried out through the Application have been carried out by him/her, that he/she is responsible in advance for these transactions, that he/she cannot claim any plea and/or objection that he/she did not perform the works and transactions carried out in this way, and/or that he/she has no plea or objection, accepts, declares and undertakes that it will not abstain from fulfilling its obligations based on.
6.4 Purchases made within the Application and the Website shall be immediately sent to the User’s mobile device. The User’s mobile device must be connected to the internet in order to access to the Apple App Store or Google Play Store applications. The General Terms and Conditions of the Apple App Store and the Google Play Store shall apply depending on the type of mobile device and the use of the Apple App Store or Google Play Store.
7. PAYMENT OBLIGATIONS
7.2 If You participate in the collection activities of collectible items such as MTE through the Application, You can convert the MTE points that you have collected into MATIC (POLYGON) crypto coins and store them in the Crypto wallet and use these crypto coins for in-app purchases.
7.3 You understand and agree that there will be no right of withdrawal for in-App purchases and no refund can be made in any way.
7.4 Besides, the Apple App Store and Google Play Store reserve the refund provisions for the purchases made within the Application.
8. PARTICIPATION IN MOVE TO EARN (MTE) EVENTS AND CONVERSION OF MTE POINTS TO POLYGON/MATIC COIN
8.2 During the transfer of the MTE points collected by the User to the crypto wallet account, the 0.1-Matic transaction fee will be automatically deducted from the User for each transfer.
8.3 A crypto wallet account can only be defined for a user account; a crypto wallet account defined for one account cannot be used by another account.
8.4 The user can only log in via one e-mail from each mobile device for each event he/she will attend.
8.5 The user cannot participate in an event that they have participated in the next time they log in via the same device; they cannot participate via an email address that is different from the email they used when they logged in the previous one.
8.6 In a situation that the GoArt Metaverse account is deleted by the user or the link between the account’s social media accounts is broken, the user cannot participate in the event/events that he/she has participated in with this account via another e-mail or account. With this account, he/she cannot log in to the event he/she participated in again. The MTE Points collected during this event will be deleted if they have not been transferred to the crypto wallet.
8.7 The User with the accounts that has been deleted or disconnected from social media accounts (Facebook, Apple Account, E-mail, Gmail) described in the article 8.4, can participate in other activities that he/she has not participated before, through a different account, and collect MTE points within these activities.
8.8 The User can also re-register on the GoArt Metaverse application with his previously deleted account.
9. USER INTERACTION
9.2 You also agree that you will not speak, post, upload, share, store, or otherwise provide through the App any User Creations that: (i) infringe or violate any other person’s privacy rights, publicity rights, intellectual property rights (including without limitation trademark, patent or copyrights) or contract rights; (ii) are defamatory, disruptive, unlawful, offensive, false, pornographic, vulgar, indecent, profane, hateful, racially or ethnically offensive, obscene, lewd, threatening, excessively violent, harassing, illegal or otherwise objectionable; (iii) incite, encourage or threaten immediate physical harm and/or promote or advocate racism, bigotry, sexism, religious intolerance or harm against any group or individual; or (iv) that violate any law. GoArt Metaverse has the exclusive right to determine whether a user has violated one or more of these prohibitions and can immediately and without advance notice terminate your right to access the App.
10. RESTRICTIONS ON USE
10.1.2 Use of the entire or part of the Application for the purpose of disrupting, modifying, or reverse engineering.
10.1.3 Creating unreal User accounts by using false information or using the information of another person, providing false or misleading information, and using these accounts in violation of these Terms or applicable legislation, unauthorized use of another User’s account, replacing another person or being a party or participant in transactions under a misnomer;
10.1.4 Spread of a virus or any other technology that damages the Application, the Application’s database, any content contained in the Application;
10.1.5 Collection or processing of any information about users, including e-mail addresses, without the permission of the relevant persons, or any other violation of the legislation on the protection of personal data;
10.1.6 An unreasonable or disproportionately large load on communications and technical systems, which is determined by the application or the technical functioning in activities that will harm arrives, the application without obtaining the prior written consent of GoArt, auto program, robot, web crawler, spider, data mining and data crawling, such as “screen scraping” software or systems and in this way the use of any content in the application of all or a portion of any unauthorized copying, republication or use.
11. PROVIDING THE SERVICE
11.2 Information on which hardware and version of the Application can work with devices is available in the Apple App Store and the Google Play Store. The buyer can follow the updates related to this information through the Apple App Store and the Google Play Store.
11.3 GoArt offers various discounts, gifts, deals, offers, etc. or can make campaigns from time to time through the Application for the benefit of Users. All terms and conditions of these campaigns shall be regulated by the Company.
11.4 GoArt reserves the right to make any changes related to the content of campaigns and offers and to terminate the campaign and special offers in advance and without notice.
11.5 By sending information and content through the Application, the User acknowledges and declares that he/she has granted the Company a valid, unrequited, continuous, and unlimited license worldwide for the use of this information and content.
11.6 Links to other sites may be provided within the site. GoArt may publish the advertisements of the contracted 3rd parties and / or application forms for various services and direct the Users to the advertiser or contracted 3rd parties’ sites through these forms and advertisements. GoArt assumes no responsibility for the privacy practices and policies of other sites accessed through this link, or for the content they host.
11.7 GoArt attaches importance to compliance with the “Know Your Customer (KYC)“ rules in order to eliminate all kinds of risks related to financial activities and to make the Application more secure for the Users, and in this direction, it ensures that the User’s identity is authenticated remotely through the companies it works with. This remote authentication process can be completed by directing the User to the website of the company providing this service and performing the transactions through that site. GoArt shall not be held responsible in any way in cases contrary to the law that may occur due to the User’s failure to provide accurate information.
11.8 Although the security measures reported on the application are recommended and these security measures have been taken, GoArt cannot be held responsible for any damage caused or will cause to the user in any way.
12.2 GoArt cannot in any way held responsible for the damages and losses, negative or positive damages of third parties, which arise or may arise from the misuse of the crypto money in the crypto wallet by the User, without the fault of the User.
12.3 It is not technically possible for GoArt to monitor how the crypto money earned as a result of the conversion of MTE points are used, where and for what purpose they are transferred, whether they are used in a crime or not. The User is solely responsible for the damages and losses, negative or positive damages of the user or third parties, arising or to arise from the misuse of crypto currencies.
12.4 The User is personally responsible for the legal responsibilities and taxpayers related to the use of crypto currency on the application.
12.5 By accepting and approving these Terms, the User declares and undertakes that they are personally responsible for the risks arising from the inherent of the crypto currencies. GoArt is not responsible for any profit or loss caused by price changes.
12.6 Land parcels, NFTs and tokens are digital assets whose ownership registration is only held on the polygon network. All smart contracts are made and executed on the decentralized ledger on the polygon platform. GoArt has no ownership registration or control over smart contracts and makes no warranties or commitments.
12.7 GoArt cannot be held responsible for losses caused by the blockchain, other features of the polygon network, or metamask or other electronic wallets.
13.2 GoArt has the right to suspend, terminate, sue, and pursue membership if it detects that the User has violated any article of these Terms or has a reasonable suspicion regarding this.
14. CONFIDENTIAL INFORMATION
14.2 GoArt will store personal and commercial information provided by the User for the membership process and throughout the membership in a secure environment. GoArt may disclose this information to third parties for the purpose of executing the applications required for the full and proper operation of the Services, conducting statistical evaluations, and only for the reasons mentioned above.
15. PERSONAL DATA
15.2 GoArt, upon the request of the competent authorities in accordance with the current legislation, may share the personal data of the User with the said authorities, if necessary, in accordance with the Law on the Protection of Personal Data, by informing the User in advance and in any case in accordance with the data transfer rules.
16. INTELLECTUAL PROPERTY RIGHTS
17.2 GoArt can make decisions regarding the development and change of the Application, can make changes in the Application, including but not limited to the new version, publication, different events, expanded formats, etc. can make additions, refresh, or remove existing features without prior notice. However, GoArt will inform the User about the changes that need to be made on the User’s side to ensure the ideal use of the Application via an announcement on the Website and/or the Application. (i.e., version updates, changes associated with the linked database, new versions and updates, new events, etc.)
18. FORCE MAJOR
19. LIABILITY AND COMPENSATION
19.2 By accepting these Terms, the User is deemed to have accepted to act in accordance with the provisions of these Terms, all the conditions specified in the Application, legislation and ethical rules in the transactions and correspondence that you will carry out through the Application.
19.3 With the acceptance of these Terms, the User accepts that all legal and criminal liability related to the transactions actions that the User takes within the Application belongs to the User and GoArt has the right of recourse to the User in case GoArt is subjected to a legal, administrative or penal sanction due to the User’s breach or failure to fulfil your contractual or legislative obligations and that the User shall compensate GoArt’ loss in full and at the first request.
20.2 Evidential Contract. In case of disputes that may arise from these Terms, the User states that the official ledger and commercial records of the Parties and the e-archive records, electronic information and computer records kept in GoArt’ database and servers shall constitute binding, definitive and exclusive evidence and that this article is a contract of evidence pursuant to Article 193 of the Code of Procedure No. 6100.
20.4 Notification. The User and GoArt will communicate via the e-mail address, the phone number that the User has provided while registering to the Application, or through notifications to be sent by registered mail to their physical mail addresses. The mandatory cases specified in the Law are an exception, and the sending an e-mail to the User’s registered address in the Application will be considered as written communication. The User must keep his/her e-mail address updated regularly.
20.5 Integrity and Severability. These Terms constitutes the entire agreement between the Parties on the subject. If any provision of these Terms is determined by any competent court, arbitral tribunal, or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, these Terms shall be deemed severable to the extent that such invalidity, unenforceability or unreasonableness exists, and other provisions shall remain in full force and effect.
20.6 Assignment. As a rule, these Terms cannot be transferred or assigned. The User may not transfer his rights or obligations in these Terms, in whole or in part, without the prior written consent of GoArt.
20.7 Waiver. The failure to enforce at any time of the rights granted in these Terms or to require at any time performance by the other party of any of the rights shall in no way be construed to be a waiver of such rights or to affect either the validity of these Terms, or the right of any of the parties thereafter to enforce each and every right in accordance with these Terms.