Terms and Services
TERM OF USE
We are Game Theory Bilişim Yazılım ve Pazarlama Anonim Şirketi, a company under laws of Turkey, with registered address at: Levent Mh. Ülgen Sk. No:108 Beşiktaş, İstanbul, (referred to“Game Theory” or “We” or “Us” or “Our”), is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Store and Google Play Store (referred to our “Game” or “Games”). These Terms and Conditions are a legal agreement between you and Game Theory . The Terms set out how you may use our apps or any games, products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our "Services").
We know that reading this text requires a lot of effort. So we will try to ease your toil by giving a short description here with certain core issues. As a precondition for you using the Services, you must agree to these Terms of Service (“Agreement”). By using or otherwise accessing the Services, you agree to the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.
In addition to what is explained here, we have a clarification text (Game Theory Privacy Policy) concerning processing of your personal data that you shared with us for the purpose of using the Service and that will accumulate in the system during your use of Game Theory. You may find here the details about processing of your personal data.
Unless otherwise specified by a component of the applicable Service, the Services are free to use or download but may contain features which may allow you to make purchases within the Services.
A) ABOUT
You accept this “Agreement” and “Game Theory Privacy Policy” by downloading one of our Games, Your relationship with Game Theory will be subject to these and only this Agreement and our Privacy Policy. This Agreement and our Privacy Policy are available for download on the Game Theory website https://gametheory.games
A new Agreement is concluded between you and us, each time you download one of our Games to your device and its terms apply to your use of the Game. Fort he avoidance of doubt Application stores and platforms may provide their own terms that apply to your relationship with these app stores and platforms.
You represent that you are 16 years or older. If you are younger than 18 years, you can only download our Games and play them on your device, if your parent(s) or legal guardian have/has reviewed this Agreement and allowed you to download our Game and play our Game in accordance with this Agreement. Be aware that Game Theory may require adequate proof of your identity and age and consent from a parent or guardian at any time.
B) OWNERSHIP OF THE GAMES
The Games which you will download or use is provided by Game Theory Bilişim Yazılım ve Pazarlama A.Ş., with its headquarters located at Levent Mah. Ülgen Sok. No:108 Beşiktaş İstanbul, registered under the registration number 155305-5.
Game Theory (and its licensors, developers, third party contributers etc.) own all the right, title and interest, including all related intellectual property rights, in and to all Games, excluding your User Content (defined below). This Agreement is not a sale and does not convey you any rights of ownership in or related to any Game. The Game Theory name, logo, and the product names associated with the Games belongs to Game Theory (or its licensors, developers, third party contributers etc), and no right or license is granted to use them by implication, estoppel or otherwise. For the avoidance of any doubt Games, provided to you by Game Theory, are licensed to you for your personal use and not sold.
When you download and/or use any Game provided by Game Theory, you may enter into a relationship with third parties with which Game Theory cooperates, depending on your geographical region. In such cases, we remind you that provisions stipulated in the relevant contracts will be applicable together with this Agreement.
C) END-USER LICENSE AGREEMENT
1. License
Within the scope of this Agreement: Game Thoey warrants and grants you a non-transferable, non-exclusive, license to (i) personal use, and (ii) copy for the purpose of downloading, installing and executing the number of copies for which you are authorized by the download site of each Game on a mobile device that you own or control for your use (the “License”)
Scope of License
The license granted to you for any Game is limited to a non-transferable license to use Game on an iOS or Android Product that you own or control and as permitted by the Usage Rules set forth in the Application Store Terms of Service.
2. Specific Restrictions
The rights granted to you with this Agreement are subjected to the following restrictions:
(a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit any Game;
(b) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Games, except to the extent the foregoing restrictions are expressly prohibited by applicable law;
(c) you shall not access any Game in order to build a similar or competitive service or application;
(d) except as expressly stated herein, no part of any Game may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means,
(e) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in any Game. Any future release, update, or other addition to functionality of any Game (including in-app purchases, additional levels, and gameplay enhancements) shall be subject to the terms of this Agreement unless otherwise provided in terms associated with such addition. All copyright and other proprietary notices on any Game content must be retained on any copies.
3. Acceptable Use
The following terms sets forth Game Theory’s “Acceptable Use Policy”.
Game Theory will preserve your personal information only for the purpose of providing certain services; providing contents and advertisements on the site according to the user demands and informing the users about the new services. This information may be changed only by the relevant user. However, in case Service Users provide inaccurate or outdated information during their use of the Services or in case of any suspicion as to the accuracy and up-to-datedness of the information, Game Theory reserves its right to suspend or terminate the services.
This Service prohibits you from creating an account, and you agree not to create an account, for any person other than yourself provided that persons or entities having explicit authorization to create an account in the name of their employers or customers are not subject to this prohibition. You further agree that all information that you provided or will provide while you become a member to the Service or at other times are true, accurate, up-to-date and complete and you will update this information from time to time to keep it correct and true.
You agree not to request, collect or use the log-in details of other Service Users.
Sections that are visited and areas clicked during surfing of the Service Users on the website are automatically recorded. These data are used only for determination of the viewing and following rates of sections and different areas. In cases where the technology called "cookie", which determines the path or form of page visits, is used, such information are collected in the same manner as statistical data in determination of the viewing and clicking rates of different areas of the website, and this is not a practice that is specific to any particular user. What is aimed with this technology is to ensure that the content of those sections which are visited by users more frequently are made more easily accessible for the user beginning from his/her first visit to the website. In order to increase the quality of the content offered to the users and to ensure direct accessibility of certain services, data in relation to geographical location may be stored and used in case the user gives confirmation for this.
Information provided in these Terms of Use has been provided only to properly inform the user and it should not be seen as legal, medical or financial recommendation, or as advice related to investment, tax, accounting and similar issues. Responsibility for any transaction you would perform on the mobile application and the web site will solely belong to You as User.
Game Theory reserves the right to change, refuse or cease broadcasting all kinds of information, materials and contents creating or encouraging any condition that would constitute a crime, containing threats, insults or blasphemy, or causing humiliation, pornographic, disturbing or immoral or making discrimination of sex and race, and to suspend and terminate the membership of Users engaged in such actions or behaviors.
As a User, You are obliged not to breach the legal rights of third persons in any way while using any content or communication system of the Service. Game Theory does not accept any civil or criminal responsibility in connection with such breaches and all civil and criminal responsibility arising from these breaches shall be exclusively borne by the User.
Directors, managers, group companies, affiliates, employees, persons preparing the information on this website and/or portal services may not be held responsible for any direct or indirect material and/or moral, negative and/or positive losses howsoever defined arising from the access provided by this Service or direct or indirect use of the mobile application and/or information provided on the website and/or portal services.
You may not create an account in the Service by using unauthorized methods including but not limited to automatic device, code, bot, spider, bug or scraper.
You should not restrict another User’s use or benefit of the Service and you should not encourage or allow infringement of these Terms of Use.
All behaviors and operations that aim to render the Service nonoperative, to slow it down considerably or to give harm to the software and hardware systems are prohibited. Performing multiple inquiries or multiple membership records by using automatic programs or sending too many requests or information to the Service by automatic means are also prohibited. Game Theory is entitled to deny access to the site for the Users who were found to be involved in this type of activities and to take legal action against them.
Users of the Services shall not forward any content, software or any other material including virus or other malicious elements to the Service.
Game Theory does not accept any responsibility for the damages arising from utilization of personal information of the Service Users under these Conditions and within the scope of your use.
Since the security of e-mail messages cannot be guaranteed if the message is not encrypted, the Service Users are responsible for the security of e-mails to be sent.
Service Users shall not transmit any kind of contents, which will constitute a crime, require legal proceedings, or create or promote a circumstance which will be against the local or international laws, and which are illegal, threatening, disturbing, or containing violence or terrorism-related context, defamation, swear word or slander, or which are insulting, impolite, pornographic, disturbing, or are threatening, harassing or offensive, or are immoral or contrary to social order, or which might damage the private life, personality and other rights of persons and/or institutions, and they shall not upload/publish to/in the private messaging areas or areas that are accessible by everyone any message or content which may be offensive to the members in any way. Uploading and/or displaying of these contents through the Service shall not mean that Game Theory, the service provider, has assumed the responsibilities arising from the illegal contents or contents breaching third party rights.
Service Users shall avoid from behaviors that would result in unfair competition in commercial terms or constitute unfair enjoyment of commercial reputation, and shall not copy any of the contents given in the Service.
Game Theory is entitled to process and share with its group companies all data, texts, files, information, user names, visuals, graphics, photos, profiles, sound and video clips, sounds, musical compositions, authentic works, applications, links and other contents and materials that you shared or displayed on the Service, and Service Users shall not prevent any other user from using the website or from making use of it in any manner he/she wishes to. It is prohibited to use service areas as advertisement media of other websites or commodities and services.
We reserve our right to deny access to the Service by anyone at any time due to any reason whatsoever.
Device and internet connection required to use Games and any charges and liabilities arising therefrom shall rest with you. If you cannot access or fully benefit from Games or Service due to reasons arising from your internet provider, Game Theory shall not be held responsible.
I) You agree, warrant and acknowlage not to use any Game to upload, distribute, or otherwise use any User Content;
(a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right,
(b) that is tortious, trade libelous, defamatory, false, or intentionally misleading,
(c) that is harassing, abusive, threatening, harmful, vulgar, obscene, or offensive or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable,
(d) that is harmful to minors in any way,
(e) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise,
(f) that violates of any law, regulation, or contractual obligations.
II) You agree not to use any Game to;
(a) upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(b) collect information or data regarding other users, including e-mail addresses, without their consent (e.g., using harvesting bots, robots, spiders, or scrapers);
(c) disable, overly burden, impair, or otherwise interfere with servers or networks connected to Games (e.g., a denial of service attack);
(d) attempt to gain unauthorized access to the Services or Game/s or servers or networks connected to Games (e.g., through password mining);
(e) interfere with another user’s use and enjoyment of any Game.
Game Theory reserves the right, at any time, to modify, suspend, or discontinue the Game/s or any part thereof with or without notice. You agree that Game Theory will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Game or any part thereof.
When you start or stop a Game, it may display an advertisement during gameplay, banners, rewarded videos and/or interstitial ads may be displayed.
4. User Content
“User Content” means any and all contents that are uploaded, distributed or otherwise provided by the users a.k.a. you in or via any Games provided by Game Theory. By uploading, distributing, or otherwise using your User Content with/in any Game, you automatically grant, represent and warrant that you have the right to grant to Game Theory an irrevocable, non-exclusive, royalty-free and fully-paid worldwide license with the right to grant sublicenses to reproduce, distribute, publicly display, publicly perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, solely to display your User Content with/in any Game. We inform you that you will be solely and personally held liable for all kinds of intellectual and industrial rights infringements arising from use of the User Contents contrary to these Conditions and that in such a case, Game Theory shall be entitled to recourse for any and all losses and damages including the amounts that had to be paid to the right holders or professional associations from you.
You accept that the promotions to be provided in the Contents or within the scope of the Service in certain periods under your membership will not constitute a permanent right thereto.
User Content and the Rights You Granted to Us: You agree that Game Theory may use the User Contents without any limitation or fee payment and allow third parties to use the same on the same terms and conditions. In this case, you grant us an irrevocable, universal, nonexclusive, free and permanent right of use, which shall be valid everywhere in any case, for the use, copying, reproduction, distribution, adaptation, rearrangement, modification, broadcasting, translation of the aforementioned User Content and for conferring sub-use rights in respect to that content.
User Content inside the Service is controlled and audited by Game Theory. Thus, we may control, audit, refuse, change or delete later any User Content that we consider not to be in compliance with the Conditions of Use at our absolute discretion provided that this is technically and practically feasible. Game Theory does not warrant partial or total access to the User Content or recording of the User Content in such format that was sent, received or used in any manner by you.
We reserve the right (but have no obligation) to review any User Content in our sole discretion. We may remove or modify your User Content at any time for any reason in our sole discretion with or without notice to you.
5. Feedback
If you wish to provide Game Theory any feedback or suggestions (“Feedback”), you hereby assign to Game Theory all rights in the Feedback and agree that Game Theory shall have the right to use such Feedback and related information in any manner it deems appropriate. Game Theory will treat any Feedback you provide to Game Theory as non-confidential and non-proprietary. You agree that you will not submit to Game Theory any information or ideas that you consider to be confidential or proprietary.
6. Term and Termination
I) Term
This User Agreement shall be effective from the first installment of any Game which is provided by Game Theory by the user and shall be enforcable for an indefinite term.
II) Termination
Either Party may terminate this Agreement at any time by giving 14-days notice (written or electronic communication, e.g. via e-mail, required). You may also terminate the User Agreement with immediate effect by deleting the Game from your device or removing the Game from your relates apps.
If we have reasonable ground to believe that you are in material breach of these Terms of Service, we may suspend your access to our Game and/or terminate this User Agreement.
Upon termination by any case, you will no longer be able to access the Game that was the subject matter of the User Agreement. Your in-game progress and any other Game-related data will be deleted. Only if Game Theory continues to operate the Game, you may again download the Game. However, any game-related data cannot be restored.
In case of material breach on your part We may;
(a) suspend your rights to use any Game, and/or any related services or
(b) terminate this Agreement at any time for any reason at our sole discretion with or without notice to you, including if we in good faith believe you have violated the Acceptable Use Policy or any other provision of this Agreement.
Without limiting the foregoing, Game Theory reserves the right to terminate this Agreement with any user who repeatedly infringes third-party copyright rights upon prompt notification to Game Theory by the copyright owner or the copyright owner’s legal agent.
Upon termination of this Agreement, your right to use the Game will automatically terminate immediately. You understand and accept that any termination may involve deletion of your User Content associated therewith from our live databases. In such case Game Theory will not have any liability whatsoever to you for any termination of this Agreement, including deletion of your User Content.
III) Indemnity
You agree to defend, indemnify and hold harmless Game Theory (and its suppliers, affilities) from and against any claims, suits, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) brought by third parties resulting from or relating to:
(i) your use of any Game,
(ii) your User Content,
(iii) your violation of this Agreement.
Game Theory reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Game Theory and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Game Theory. Game Theory will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
7. Fees
Subscriptions
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). The subscription provides access to dynamic content or services from within the Game on an ongoing basis. Subscriptions may be available at different fees chargeable for a set period of time specified in the Game (“Subscription Period”). Payment will be taken from Your iTunes or Google Play account (“Account”) when You confirm the Subscription by available confirmation tools of the Game. Trial Subscription is offered free of charge for a certain period of time from activation specified in the relevant offer in the Game. If you do not cancel the Subscription within such period, Subscription Fee shall be taken from Your Account when the trial period expires.
Please note that Your Subscription begins immediately after the activation of a trial Subscription, not after the seven-days trial period. You may cancel a subscription during its free trial period using the Subscription setting of Your Account. Game Theory can not cancel your free-trial subscription if it has already been activated. Subscription is automatically renewable unless You turn off it at least 24 hours before the expiry of the current Subscription. Subscription Fee shall be taken from Your Account during 24 hours preceding the expiry of the current Subscription. In case Subscription Fee cannot be taken from Your Account due to absence of monetary funds, the invalidity of credit card or for any other reasons, Your Subscription is automatically canceled.
Once you have bought a Subscription, You can manage it and switch off automatic renewal at any time after the purchase in Your Account setting. You cannot cancel Your current Subscription if it has already been activated. Except when required by law, paid Subscription fees are non-refundable. Game Theory in its sole discretion and at any time may modify the Subscription Fee. Any Subscription fee change will become effective at the end of the current subscription period. You will be provided reasonable prior notice of any change in Subscription Fee. If you do not take action to agree to the increase in Subscription Fee, Your Subscription shall expire at the end of the current subscription period. You acknowledge and agree that all billing and transaction processes are handled by App Store or Google Play, from which platform You downloaded the App, and are governed by their terms and conditions. If you have any payment related issues, then you need to contact the App Store or Google Play directly.
In-app purchases
You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.
If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.
If you purchase any content through one of our Services via an app, for example Virtual Items, then the relevant app store provider’s terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.
Game Theory may license to you certain virtual goods to be used within the Service and which you may purchase with real cash or which you may earn or redeem via gameplay (“Virtual Items”). Virtual Items are licensed to you on the limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use. Game Theory may manage, control, modify or eliminate Virtual Items at any time, with or without notice. The transfer of Virtual Items is prohibited, except where expressly authorized in the Services, if any. Virtual Items do not have an equivalent value in real cash and do not act as a substitute for real world money. Neither Game Theory nor any other person or entity has any obligation to exchange Virtual Items for anything of value. Game Theory has no liability for hacking or loss of your Virtual Items. Price and availability of Virtual Items are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions of Virtual Items made through the Services are final and non-refundable. You acknowledge and consent that the provision of Virtual Items for use in Services is a process that commences immediately upon purchase and you forfeit your right of withdrawal once the performance has started. Subject to mandatory legislation, you agree that Game Theory is not required to provide a refund for Virtual Items for any reason and that you will not receive money or other compensation for unused Virtual Items, whether your loss of license under this Agreement was voluntary or involuntary. If you request that your personal data to be erased as specified in “Game Theory Privacy Policy”, you will permanently and without a right to a refund lose all your Virtual Items as Game Theory can no longer associate such Virtual Items with you. YOU ACKNOWLEDGE THAT GAME THEORY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN YOU DELETE YOUR ACCOUNT OR WHEN YOU CEASE TO USE THE GAME.
8. Third Parties
A. Application Stores
You acknowledge and agree that the availability of the Game is dependent on the third party from which you received Game, e.g., the Apple iPhone or Android stores (“Application Store”). You acknowledge that this Agreement is between you and Game Theory and not with the Application Store. The Application Store is not responsible for the Game, the content thereof, maintenance, support services, and warranty thereof, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the Application Store in connection with Game (if any). You agree to comply with, and your license to use Game is conditioned upon Your compliance with, all applicable third-party terms of the agreement (e.g., the Application Store’s terms and policies) when using a Game. You acknowledge that the Application Store (and its subsidiaries) are third-party beneficiaries of this Agreement and will have the right to enforce this Agreement.
B. Third-Party Services
Game Theory may permit certain third-party applications (like leaderboards, game networks) to provide content through the Game (“Third Party Services”). The Game may be used to send content provided by the Third-Party Service between users who have the Third-Party Service installed on their device. When you do so, Game Theory will share information with the Third-Party Service as described in the Game Theory Privacy Policy. Game Theory is not responsible for and does not control Third-Party Services. Game Theory provides these Third-Party Services only as a convenience to you. Game Theory has no obligation to review or monitor and does not approve, endorse, or make any representations or warranties with respect to Third-Party Services. You use all Third-Party Services at your own risk. When you access a Third-Party Service, the applicable third party’s terms and policies apply, including the third party’s privacy policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Service.
C. Other Users
A Game may contain User Content provided by other users of the Game. Game Theory is not responsible for the related User Content and shall not control the User Content. Game Theory has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk. Your interactions with other users are solely between you and the other user and we are under no obligation to become involved. You warrant, accept and agree that Game Theory will not be responsible for any liability incurred as the result of any such interactions.
9. Release
You hereby irrevocably and unconditionally release and forever discharge Game Theory (and its suppliers, affilities) from any and all claims, demands, and rights of action, whether now known or unknown, which relates to any interactions with, or act or omission of, any Third Party Service, other Games users, or Third-Party Advertisers.
10. Disclaimers
Your understnad and accept that the Games are provided to you “as-is” and as available. Game Theory (and its suppliers, affilities) expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fıtness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. Game Theory (and its suppliers, affilities) shall not warrant that any game: (a) will meet your requirements; (b) will be available on an uninterrupted, timely, secure, or error-free basis; or (c) will be accurate, reliable, complete, legal, or safe.
Be aware of that some jurisdictions do not allow the exclusıon of ımplıed warrantıes, so the above exclusıon may not apply to you.
11. Limitation of Liability
IN NO EVENT SHALL GAME THEORY (AND ITS SUPPLIERS, AFFILITIES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR GAME THEORY PRIVACY PRACTICES, ANY GAME, EVEN IF GAME THEORY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, ANY GAME ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GAME THEORY’S (AND ITS SUPPLIERS, AFFILITIES) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT OR GAME THEORY (AND ITS SUPPLIERS, AFFILITIES) PRIVACY PRACTICES (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO THE AMOUNT YOU’VE PAID GAME THEORY IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT SHALL GAME THEORY’s SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
12. Miscellaneous
A. Changes to this Agreement
This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by prominently posting notice of the changes on our Site. Any changes to this Agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site.
These changes will be effective immediately for new users of our Games. Continued use of our Games following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. The date on which the latest update was made is indicated at the bottom of this document. We recommend that you print a copy of this Agreement for your reference and revisit this webpage from time to time to ensure you are aware of any changes.
B. Notice
Any notice provided to Game Theory pursuant to this Agreement should be sent to info@gametheory.games
C. Severability
If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
D. Entire Agreement
This Agreement is the final, complete and exclusive agreement between you and Game Theory with respect to the subject matters hereof (including all Games) and supersedes and merge all prior discussions and agreements between the parties with respect to such subject matters (including any prior End-User License Agreements and Terms of Service or Privacy Policy).
A failure by Game Theory to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
The word “including” means “including without limitation”. Your relationship to or with Game Theory is that of an independent contractor, and neither party is an agent or partner of the other.
This Agreement, and your rights and obligations herein, may not be assigned by you without Game Theory’s prior written consent, and any attempted assignment in violation of the foregoing will be null and void and deemed as a material breach of this Agreement. Game Theory may assign this Agreement in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or other operation of law, without your consent. The terms of this Agreement shall be binding upon assignees.
E. Apple Application Store Additional Terms and Conditions
The following additional terms and conditions apply to you if you are using a Game from the Apple Application Store. To the extent, the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 10, the more restrictive or conflicting terms and conditions in this Section 10 apply, but solely with respect to Games from the Apple Application Store.
F. Acknowledgement
Game Theory and you acknowledge that this Agreement is concluded between Game Theory and you only, and not with Apple, and Game Theory, not Apple, is solely responsible for Game and the content thereof. To the extent, this Agreement provides for using the rules for Game that are less restrictive than the Usage Rules set forth for Game in or otherwise is in conflict with, the Application Store Terms of Service, the more restrictive or conflicting Apple term applies.
G. Maintenance and Support
Game Theory is solely responsible for providing any maintenance and support services with respect to Game, as specified in this Agreement (if any) or as required under applicable law.
H. Warranty
Game Theory is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. In the event of any failure of Game to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for Game to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to Game, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Game Theory’s sole responsibility.
I. Product Claims
Game Theory and you acknowledge that Game Theory, not Apple, is responsible for addressing any claims of you or any third party relating to Game or your possession and/or use of Game, including, but not limited to: (i) product liability claims; (ii) any claim that Game fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. This Agreement does not limit Game Theory’s liability to you beyond what is permitted by applicable law.
J. Legal Compliance
This Agreement shall be governed by the laws of the Republic of Turkey. If any clause of the Conditions is or becomes illegal, invalid or unenforceable due to any reason, such clause may be severed from this document. However, this condition shall not affect the validity of the remaining clauses, nor their enforceability in legal terms. Istanbul Courts and Bailiff’s Offices shall have jurisdiction in resolving any disputes which may arise from the enforcement of the provisions and legal relations written herein above.
You are solely responsible for compliance with all applicable laws, including without limitation export and import regulations.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
K. Third-Party Terms of Agreement
You must comply with applicable third-party terms of agreement when using a Game.
L. Third-Party Beneficiary
Game Theory and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.
M. Force Majure
Game Theory shall not be held responsible for any failure to fulfill, or any delay or deficiency in the fulfillment of, its obligations hereunder to the extent that such failure, delay or deficiency arises from the events considered as force majeure, which develop out of the reasonable control of Game Theory and/or are accepted as force majeure under the Code of Obligations, and/or from unforeseen conditions and/or negative circumstances. Such events shall not be considered as delay, incomplete performance or non-performance or default by Game Theory or no compensation may be claimed from Game Theory for such circumstances.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
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