1. DEFINITIONS
Open Lectures
Refers to Open Lectures LLC, which is established in the State of Delaware, United States of America,
Platform
Refers to the website with the domain name openlectures.com, the Open Lectures mobile application, and any online platform provided by Open Lectures for the Services,
Terms of Use
Refers to these Open Lectures Terms of Use,
User
Refers to any individual or entity accessing the Platform,
Account Holder
Refers to the User who has an account on the Platform and benefits from the Services offered on the Platform under the conditions specified in these Terms of Use and the Membership Agreement,
Membership Agreement
Refers to the Open Lectures Lecturer Membership Agreement and Open Lectures Learner Membership Agreement, which must be accepted by any User wishing to become an Account Holder and exercise the rights granted to an Account Holder, and which is an annex to these Terms of Use,
Services
Refers to the applications offered by Open Lectures to enable the Account Holder to carry out the tasks and operations defined in these Terms of Use,
Content
Refers to all types of information, writings, files, images, videos, and other visual, written, and auditory materials published on the Platform and accessible to Users,
Lecturer
Refers to the Account Holder, whether an individual or entity, who publishes educational Content on the Platform,
Learner
Refers to the Account Holder, whether an individual or entity, who is not an Lecturer and only benefits from the Content,
Privacy Policy
Refers to the Open Lectures Privacy Policy, which is an annex to these Terms of Use, detailing how the User’s information is collected, how it is used, and what options the User has,
indicates.
2. INTRODUCTION
2.1. Please read the terms written below to use the Platform. By visiting and/or using the Platform and/or being an Account Holder, you declare, acknowledge, and commit that you have read, fully understood, and unconditionally accepted all matters mentioned in these Terms of Use and on the Platform, and that you will not raise any objections or defenses regarding any of these matters. If you do not accept these terms, please refrain from using the Platform.
2.2. The owner and operator of this Platform is Open Lectures. The services mentioned in clause 4 of these Terms of Use and provided on the Platform are provided by Open Lectures.
2.3. Open Lectures may change these Terms of Use, any information, and Content on the Platform at any time without notifying the User. These changes will be periodically published on the Platform and will become effective on the date they are published. Any natural or legal person who benefits from the Services by paying a fee or without charge, or who in any way accesses the Platform, is deemed to have accepted the Terms of Use and any changes made by Open Lectures to these Terms of Use. These Terms of Use are made accessible to every natural or legal person using the Platform by being published on the Platform.
3. USERS
3.1. By utilizing the services provided on the Platform or accessing the Platform in any way, Users acknowledge that they are over 18 years old, have read the entirety of these Terms of Use, fully understood its content, and unconditionally accepted all of its provisions.
3.2. Parents or guardians of individuals under the age of 18 are responsible for supervising and monitoring the membership or usage of the Platform by the minor. They are also responsible for preventing the minor from becoming a member or using the Platform if necessary and must take appropriate precautions. If the responsible person fails to take such measures or allows the minor to become a member or use the Platform with their consent, all responsibility for any issues arising from the minor's use of the Platform lies with the person responsible for the minor.
3.3. Open Lectures may impose specific age restrictions and categorizations on Content published on the Platform. Users are obliged to comply with the age restrictions and categorizations applied by Open Lectures.
3.4. When entering information through the Platform, Users are required to complete all requested fields accurately and clearly. Users unconditionally commit to the accuracy of the information provided. In the case of incorrect or third-party information being provided, all responsibility lies with the User.
4. OPEN LECTURES SERVICES
4.1. Open Lectures ensures that educational content uploaded by Lecturers to the Open Lectures database can be viewed by Users through the Platform.
4.2. Open Lectures reserves the right to add new Services to those provided on the Platform, change the scope and terms of existing Services, and modify, restrict access to, or delete Content accessed through the Platform. Open Lectures may exercise this right in any manner it deems appropriate without prior notice or warning.
5. PLATFORM USAGE RULES AND OBLIGATIONS
5.1. Users may perform actions on the Platform only for lawful purposes. Users acknowledge, declare, and undertake that they are solely responsible for any legal and criminal liability arising from their actions and activities on the Platform, and that Open Lectures has no responsibility regarding such legal and criminal obligations.
5.2. Open Lectures does not guarantee the accuracy, validity, security, or legality of the Content viewed by Users under any circumstances. Users accept and declare that Open Lectures has no responsibility for any damages arising from such Content and that Open Lectures has no obligation to provide compensation for any damages.
5.3. Users agree and undertake not to reproduce, copy, distribute, or process any images, texts, visual and auditory images, databases, catalogs, and lists found on the Platform, and not to engage in any commercial activity by performing such actions.
5.4. Users agree and undertake not to publish Content on the Platform that could damage the personal and commercial reputation of Open Lectures and/or third parties, violate personality rights, or breach laws, public order, and general moral standards. They will act in accordance with regulations, take the required precautions, and follow procedures. They will not engage in illegal, criminal, disturbing, or infringing behavior regarding intellectual property, copyright, trademark, and ownership rights, and will not publish Content that creates discrimination based on gender, race, color, language, religion, belief, sect, philosophical and political views, ethnicity, wealth, birth, marital status, health status, disability, and age, or engage in such behavior.
5.5. Users are obligated to use the information accessed on the Platform only for the purpose intended by the disclosing Lecturer or Open Lectures and to view it for non-commercial purposes.
5.6. Open Lectures may use, process, share with business partners and suppliers, classify, and store Users' information to fulfill the requirements of these Terms of Use. This information may be used for promotional and informational communications, marketing activities, and statistical analysis. Open Lectures may also use information such as the user's IP address, the sections of the Platform visited, domain type, browser type, date, and time for statistical evaluation and to provide personalized services and offers. Open Lectures may share Users' information with cooperating firms for research purposes aimed at improving processes, and such firms may process User information solely for the purposes listed above.
5.7. Open Lectures permits viewing of Content for learning purposes and using the Platform accordingly. Attempts to access Content on the Platform for any other purpose, whether partially or entirely, including copying, direct or indirect publication on other media, compilation, processing, modification, transferring to other databases, or making such databases accessible to third parties, are not permitted by Open Lectures. Such acts are illegal, and Open Lectures reserves the right to claim, sue, and pursue legal action.
5.8. Using the Platform or any part of it for purposes of tampering, modifying, reverse engineering, attempting to break API protocols, unauthorized access to API keys, API secret keys, request headers, client authentication algorithms, or sharing these parameters with unauthorized third parties, obstructing or interfering with the Platform’s communication or technical systems, or using automated programs, robots, spiders, web crawlers, data mining, or "screen scraping" software, tools, or manual processes, or unauthorized access to other users' data or software, DDOS attacks, and similar activities that disrupt, modify, reduce performance, or destroy the system, is prohibited. Open Lectures may block such uses at its discretion. Even if such uses do not occur, Open Lectures may restrict access to the Platform until the Account Holder logs in with their username and password. Use of the Platform and Content beyond the limits specified in the Terms of Use is illegal, and Open Lectures reserves all rights to claim, sue, and pursue legal action. In the event of such violations, Open Lectures has the right to report the User to the relevant authorities. The User acknowledges that they are personally responsible for any damages and claims arising from such uses.
5.9. Users accept and undertake that Open Lectures is not responsible for any direct or indirect damages resulting from interruptions in the Services, information transmission issues, delays, failures, or data loss on the Platform.
5.10. Users must not post or transmit any information through interactive areas or shared Content on the Platform that constitutes a crime, requires legal action, violates local and national laws or international agreements, or encourages such situations. Users must not engage in any illegal, threatening, disturbing, defamatory, obscene, offensive, or immoral behavior or violate the rights of Open Lectures, other Users, or third parties.
5.11. Users must not post or transmit any Content adapted from materials that infringe on another’s privacy or intellectual property rights without obtaining permission from the rights holder.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. The software that constitutes the Platform and all content on the Platform are subject to Law No. 5846 on Intellectual and Artistic Works. All rights to any sounds, images, texts, documents, and any intellectual property, know-how, and other intellectual and industrial rights, as well as copyrights related to the content, are exclusively owned by Open Lectures or the third parties that provide these to Open Lectures. The structure and content of the Platform, including all photos, videos, visuals, texts, and other content considered intellectual property, are protected under the Law on Intellectual and Artistic Works.
6.2. No photo, video, visual, text, or other intellectual property content on the Platform, which is subject to intellectual property rights, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed, in whole or in part, without prior permission and proper attribution, including code and software. Such content may not be used unauthorizedly on any other website or application.
6.3. Users must ensure that any content uploaded to the Platform, which qualifies as a work under the Law on Intellectual and Artistic Works and other relevant regulations, does not infringe upon the copyrights or other rights of third parties or is not otherwise illegal. Otherwise, if a copyright owner, their representative, or any third party notifies Open Lectures of an illegal use or infringement, or if such a situation is confirmed by a court order or the relevant User's admission, or if Open Lectures becomes aware of such a situation or signs indicating its existence, Open Lectures may revoke the User's access to and/or usage rights of the Platform.
7. OTHER PROVISIONS
7.1. Open Lectures may unilaterally change these Terms of Use at any time by announcing the changes on the Platform. The amended provisions of these Terms of Use will become effective on the date of their publication and will be in force from that date onwards. These Terms of Use cannot be changed by the User's unilateral declarations.
7.2. In all situations considered force majeure under the law, Open Lectures will not have any liability for compensation in cases of delayed, incomplete, or non-performance. Force majeure will be interpreted as events beyond the reasonable control of the relevant party and which Open Lectures could not prevent despite due diligence. These include, but are not limited to, natural disasters, war, fire, strikes, riots, uprisings, adverse weather conditions, infrastructure and internet failures, system improvements or renovations, and any breakdowns or power outages caused by these.
7.3. In the application, interpretation, and resolution of legal relations arising from these Terms of Use, Turkish Law will apply unless there is a mandatory provision to the contrary. Istanbul Courts and Execution Offices will have jurisdiction over any disputes that arise or may arise from these Terms of Use.
7.4. These Terms of Use and any changes made to them will take effect on the date they are published on the Platform by Open Lectures. By using the Platform, Users are deemed to have accepted these Terms of Use and any changes made to them over time.