JOYGAME USER AGREEMENT
1. SUBJECT MATTER of the AGREEMENT
1.1. Subject matter of the Agreement herein is;
Terms and conditions of use of all kind of game, digital content or data provided on www.joygame.com (hereinafter referred to as the “Website”), owned by Joygame and accessed through Joygame and the User account information or all kind of product and/or service which are accessed or presented for sale on the Website (hereinafter referred to as “content”) and for regulating the relationship between Joygame Interactive Services Ltd., the publisher of the Website, (hereinafter referred to as “Joygame”) and the User, arising out of or in relation to use of the Website and/or its contents or making use of the referred contents directly or indirectly in any manner.
The Joygame Website shall only be used for the purposes of entertainment. The User shall not use the Website for the purposes of commerce, generating income, or any other similar purposes. The User shall agree that he/she may solely use services and contents on the Website in a non-commercial manner and for personal use.
1.2. Joygame shall have right and authorization to change or update terms and conditions contained herein, contents provided on the Website or to make any other complete or partial changes and updates for presentation of new products or services or any other similar reasons. In this regard, Joygame shall notify the User through the Website about changes and updates within a reasonable time.
1.3. The User shall not claim, demand or state that he/she is not notified about the aforementioned changes and updates by Joygame or the aforementioned changes and updates cannot be applicable for the User, if the User has been directly notified by Joygame or accessed to the Website or made use of any contents mentioned herein after changes and updates have been made.
2. PARTIES OF THE AGREEMENT
2.1. Parties of the Agreement herein are Joygame and the User.
2.2. Joygame and the User shall be hereinafter separately referred to as the “User” and “Joygame” and collectively as the “Parties” in this Agreement.
2.3. The “User”: Any natural or legal person, who accesses the Joygame Website, whether signed up or not, and acquires or makes use of any product and/or service on the Website in a way which is partial/complete and temporary/permanent on his/her behalf and at his/her own expense or on behalf of third parties and at their own expense. Rights and liabilities of the User shall be assessed in accordance with terms and conditions herein, excluding unauthorized access.
2.4. In no event shall the User have any right to let third parties use, whether permanently or temporarily, his/her account information or other authorizations on the Website. Otherwise, Joygame may determine the aforementioned third parties using the account and related authorizations and suspend the User account in question permanently or temporarily.
2.5. The User shall be solely liable for consequences of letting third parties use his/her account. In no event shall third parties, who use the User’s account whether permanently/temporarily and partially/completely, put forward any right or claim against Joygame.
2.6. Any unauthorized access and use shall be subject to legal sanctions by competent official authorities to the extent considered as illegal by law.
2.7. The User shall agree and guarantee that he/she knows the risk of legal sanctions and undertakes its consequences whether solely or with the aforementioned third parties. Similarly, the aforementioned third parties shall be liable against Joygame, whether solely or jointly with the User. However, it shall not be possible for the aforementioned third parties to assert any claim of being a party to this Agreement.
2.8. Unauthorized access and use of others’ account shall not provide third parties, who took these actions, any right or capacity provided for the “User” herein. On the other hand, the aforementioned third parties shall be deemed to have agreed and guaranteed to be bound by the liabilities provided for Users herein.
2.9. In no event shall this Agreement constitute or imply joint venture, partnership or any other similar legal transaction between the Parties which lead to transfer of any rights from Joygame to the User.
3. ESTABLISHMENT OF THE AGREEMENT AND ITS ENFORCEMENT
3.1. On access of the Website, whether or not the User signs up and composes account information for any content of Joygame, and independently from duration of activity, visit, membership and more of the same, this Agreement shall be established and entered into force and both Parties shall be deemed to have agreed to be legally bound and henceforth the User shall be deemed to have read, understood and confirmed this Agreement.
3.2. Following the establishment of this Agreement as stated in the clause 3.1., this Agreement shall remain in force and legally bind the Parties during the time that the User accesses to the Website and its contents, independently from time period of the User’s access on the aforementioned.
3.3. The User may terminate this Agreement after he/she closed his/her account (if any) by notifying Joygame in a written form specifying the date provided that the User guarantees not to access the Website as of the date of such notification. If Joygame determines that the User violates any of the provisions of this Agreement partially or completely, Joygame shall suspend the User account temporarily or permanently or terminate this Agreement immediately without any notice and incurring any payment liability.
3.4. Joygame shall have exclusive right to make partial or complete changes, modifications, additions and updates, without any time and section limitation and any necessity to be periodical, as a result of requirements arising out of or relating to the reasons such as technology used on the Website, improvements and changes on the Website, new contents and products presented, new liabilities arising from legislative amendments, updates, partial or complete changes in available product, services and contents.
4.1. All kinds of services and contents on the Website and the Website itself shall solely belong to Joygame Interactive Services Ltd.
4.2. The acquisition of any content by the User in accordance with the terms and conditions determined by Joygame shall not grant any right of ownership to the User over such content. All kinds of contents on the Website accessed, acquired or used by the User shall be exclusively owned by Joygame. Joygame shall have exclusive right to determine operating and validity periods of the referred contents and termination of their use.
4.3. The User shall agree and guarantee to have only right to use in relation to all kinds of contents, products or services on the Website only if they are duly acquired.
4.4. All kinds of contents, products or services on the Website shall be used in accordance with their features, terms and conditions of use, principles determined by Joygame and related laws and regulations. Otherwise, if determined by Joygame, necessary actions shall be taken to the extent permitted by laws and regulations against the ones who took contrary actions.
4.5. The right to use of all kinds of contents on the Joygame Website shall exclusively belong to the User who acquired the aforementioned contents in accordance with terms and conditions of use. In cases where the User use the aforementioned contents to generate revenue, make these contents subject to commerce and/or let any third parties use contents acquired in a aforementioned way, the User shall have no right to make any demand against Joygame in relation to the contents in question.
4.6. The User shall acquire the aforementioned contents on the Joygame Website only in accordance with the purpose of their presentation and acquisition. The User’s processing, changing, dissambling, reproducing, copying, misusing or taking any other similar actions, contrary to the purpose of their acquisition shall constitute a violation of this Agreement. In this case, the User shall agree that these actions are considered as illegal and they may be subject to any kind of legal investigation and proceeding, inititated by competent authorities.
5. OWNERSHIP OF THE CONTENTS ACCESSED
5.1. The Users may access to all kind of digital environment, Website, content or product including advertisements owned by third parties through the Joygame Website. The User shall agree and guarantee not to take actions to provide access externally or internally to his/her contents or any content of third parties or make these aforementioned contents published through the Website or User accounts.
5.2. Joygame shall, at its sole discretion, determine which content of third parties may be accessed on the Website, without limitation in time and subject.
5.3. Joygame shall have exclusive power to dispose of matters such as all methods and procedures which make third parties’ contents (including, but not limited to advertisements) accessible in and out of the Website, orient the aforementioned contents or make them accessible with any other similar procedures. However, the owners of the aforementioned contents shall be exclusively liable for the consequences arising out of or in relation to the contents (including, but not limited to advertisements) provided by third parties and their terms and conditions of use and any other consequences resulting from access to these contents.
5.4. Liability and ownership arising from third parties’ contents (including, but not limited to advertisements) or any other components, contents or publications subject to third parties’ right of intellectual property or any right related to their ownership, accessed through the Website, shall belong to their owners.
5.5. The User shall decide solely whether to access or use or not to use contents of third parties (including, but not limited to advertisements) through the Website. Terms and conditions of use of the aforementioned contents shall be determined by their owners. In this regard, Joygame shall not have power to determine terms and conditions of use and any dispute or claim in relation to the aforementioned terms and conditions of use shall not be asserted against Joygame.
6. LIABILITY OF THIRD PARTIES
6.1. In no event, the User shall have right to demand or proceed individually or with the right-holders against Joygame in relation to third parties’ contents and publications (including, but not limited to advertisements accessed). The User shall agree that Joygame shall have no liability arising out of or in relation to any kind of content or publication (including, but not limited to advertisements) owned by third parties.
6.2. The User shall be deemed to have agreed and accepted to be legally bound by this Agreement by accessing and using the services, games, contents or any other services on the Website which are under the protection of intellectual property, trademark, design and any other related laws and regulations and whose intellectual property rights are owned by Joygame.
6.3. If the User do not accept this Agreement or terms and conditions for use of the Website or the contents on the Website, the User shall not use or attempt to use or demand services or products on the Website. Otherwise, the User shall be deemed to have accepted this Agreement in full.
6.4. The Users who generate and publish any content in forums, profiles, blogs, news and any other platforms on the Website, shall be solely liable for such content and for this reason, Joygame shall not be liable for any content generated and published by the Users.
7. INTELLECTUAL PROPERTY RIGHTS
7.1. Trademarks and other traits used in the contents on the Website shall be exclusively owned by Joygame through registration by competent official regional/international authorities or use with their distinctive characters or by gaining distinctiveness through use.
7.2. This Agreement shall not grant any single or partial right of ownership to the User and/or any other third parties for the aforementioned components and traits set forth in the clause 7.1., the User shall only have limited right of use over the aforementioned contents.
7.3. The User shall agree that all kinds of game, content, material, document, information, graphics, design, product, game accounts, in-game products, e-mail services, software, update and other similar services are protected by Intellectual Property Law, Trademark Law, Patent Law and other similar laws and all of the aforementioned material and non-material components, assets and/or subjects are exclusively owned by Joygame without prejudice to the exceptions stated in this Agreement. In this regard, the User shall guarantee not to act against the aforementioned rules and regulations.
7.4. Joygame shall have sole and exclusive right of disposition in relation to the all assets mentioned in the clauses 7.1.,7.2.,7.3.
7.5. Joygame shall have right to terminate, change or discontinue partially/completely and temporarily/permanently all game services provided by Joygame. In this regard, the User shall agree that he/she has no right to demand any kind of compensation against Joygame.
7.6. Joygame shall not guarantee to provide stable or uninterrupted services or contents on the Website and this shall not be interpreted as Joygame’s partial or complete removal of ownership rights over its traits or trademarks.
7.7. The Users shall have no right to make any demand against Joygame (including, but not limited to right to indemnity) in case of changes whether they are temporal/permanent and/or partial/complete in all kinds of games, publications, contents and other components.
7.8. The User shall agree that Joygame exclusively owns all aforementioned assets and their related rights and competencies.
7.9. Hereby with this notification, the Users shall accept that they shall be liable for accessing, using, making use of all games and/or directly/indirectly related services provided by Joygame on the Website.
7.10. Besides this Agreement, the User shall agree to confirm Joygame Non-Disclosure Principles, integral part of this Agreement. Thereby, the User shall guarantee to comply with related laws and regulations while using Joygame’s contents or services. In this regard, the User shall agree to be solely liable for his/her own related actions, in no way have right of recourse against Joygame and the referred actions do not confer any liability on Joygame.
7.11. The User shall agree not to violate, reverse engineer, decompile, reverse, disassemble or in other ways exploit any service or content provided by Joygame. Additionaly, the User shall agree not to provide aid and assistance others in relation to the aforementioned actions.
8. ACCESS AND ITS LIMITATION
8.1. Joygame shall have right to terminate the User’s access to services and contents on the Website permanently or temporarily in the case of the User’s actions against this Agreement related to the services or contents on the Joygame Website.
8.2. In the case of Joygame’s termination of the User’s access mentioned in the clause 8.1., the User shall have no right of objection. In this case, the User shall have liability for destroying all materials related to the services on the Website including licenses in the User’s possession.
8.3. The User shall not transfer, let third parties use, present for commerce whether it is gratuitos or onerous his/her passwords, user names or any other rights possessed for making use of the contents and services of Joygame. If the User violates this provision, the User shall have no right to make any demand against Joygame in any manner. Otherwise if it is determined, Joygame shall have right to take action as stated in the clause 8.1.
8.4. The User shall consider and agree that his/her account information, virtual goods, balance of account, account character and other features related to the account have no monetary or commercial value. All aforementioned assets shall be presented for entertainment purposes only and not be used for illegal purposes like gambling and betting.
8.5. The User shall consider and agree that all kinds of contents on the Joygame Website, especially games and any other related services do not have any qualification construed as chance or coincidence.
8.6. The User shall guarantee to acquire services and contents on the Joygame Website in accordance with their own terms and conditions of use. In this regard, the User shall guarantee not to use any kind of tool, program, software and any other component of third parties which are unauthorized and interacted partially or completely with contents or any software components of contents on the Website and/or interruptive to the connection between the Joygame and the software, simulative or cause redirection or collect information related to contents by reading memory areas (including, but not limited to “hack”, “cheat”, “bot”, “cheating file”, “mod” and/or automation programs). Otherwise, Joygame shall have right to impose sanctions stated in the clause 8.1. and since the aforementioned actions are considered as illegal, the User shall agree that legal actions may be taken against him/her.
8.7. All kind of content, code, application or other component or data which are played or downloaded through the Joygame Website shall be used in accordance with the rules and regulations of Law of Intellectual Property Rights, related laws, international agreements and terms and conditions of use set out herein. The User shall consider and agree that his/her use against the aforementioned rules and regulations may be subject to criminal and civil proceedings.
9. USER CONNECTION AND EQUIPMENT
9.1. The User and other members shall have the necessary connection infrastructure and other equipment in order to make use of the contents or services on the Joygame Website.
9.2. The User shall be under the obligation to have necessary equipment and connection infrastructure and any other necessities in order to access and connect.
In respect thereof, Joygame shall have no liability for acces and connection.
9.3. The User shall be solely liable for any disruptions of Internet connection arising out of or related to service providers, infrastructure or the User.
9.4. In cases where the User acquires services provided by Joygame, Joygame shall ascertain the date and time of the acquisition and its frequency according to the actual User number, duration and any other data.
9.5. Joygame shall take all reasonable high-tech measures in order to ensure the safety of the User’s account while his/her making use of the services and contents provided by Joygame.
9.6. The User shall agree and guarantee to be primarily and directly liable for ensuring the safety of his/her account and not to assert any demand against Joygame if any problem occurs.
9.7. The use of the contents and services provided by Joygame may require compatible and necessary devices, Internet connection and certain paid softwares and their updates within certain periods and/or affect the performance of the aforementioned in case of any update. These reasons and circumstances shall not constitute a basis for any demand against Joygame.
10.1. Joygame shall not be liable for any condition and consequence arising out of or relating to the loss or unavailability of the game accounts and/or any component of the game accounts as a result of technical reasons while providing the games of Joygame and related services.
10.2. The User shall agree to act diligently while making use of the services and contents provided by Joygame. The User shall be prohibited to conduct and generate contents construed as advertisement, unfair competition, justifying terrorism, racist, pornographic, slang, rude, encouraging drug use, illegal, defamation and/or contents related to the Republic, the State, any kind of religion, any politician or any legal entity, acts of abuse against other users or defamation against the memory of Ataturk. The User shall guarantee not to transfer, save, post, send via e-mail, forward, store, provide access to contents that construed as defamotary, abusive, illegal, threatful, harmful, torts, rude, containing violence, slander, pornographic, interference in other people’s private life, hateful, racist or humiliating ethnic identities or similarly inconvenient while making use of the services and contents of Joygame.
10.3. In cases where the User violates the clause 10.2. above, the User may be deprived of accessing the aforementioned services or contents temporarily or permanently by Joygame and if demanded by offical authorities, Joygame shall disclose contents generated by the User, which violate the clause 10.2.
10.4. Joygame shall only be liable for removal of the aforementioned illegal contents from the related User account and the Website as long as the removal is technically possible and Joygame shall not be liable for the aforementioned removal against the User in question. Due to similar reasons, Joygame shall disclose the User information with police departments and prosecution offices if demanded properly.
10.5. Joygame shall not be liable for any consequence of being deprived of making use of the contents and services provided by Joygame, in accordance with the laws and regulations of the region or country where the User lives, regardless of the starting time of the referred.
10.6. Since Joygame do not have publishing and license rights for some of the contents and games accessed by the Users through the Website and this feature of the referred contents/games are indicated separately, the ownership of the account, authorization to access, information requests from official authorities shall be under the sole liability of the publisher of the related game or content. Due to these reasons, Joygame shall not hold and store the referred information or data, the Users shall have no right to make any demand against Joygame about the referred contents/games and it is impossible to direct the information requests of official authorities to Joygame or fulfill the aforementioned requests by Joygame.
11. CONFIDENTIALITY IN USE OF THE ACCOUNT
11.1. The User shall guarantee that he/she shall be solely responsible for keeping the confidentiality of his/her user account information, which provides access to services and contents of Joygame and not disclosing this information to any third party and shall guarantee to notify Joygame immediately in case of safety breach.
11.2. Joygame shall not be liable for any kind of damage caused by unauthorized use of the User account. The User shall guarantee to use and protect his/her user account information with caution.
11.3. The User shall guarantee to give complete and accurate information and update the information accordingly when the User signs in the Website, registers in any way and uses the aforementioned contents or services.
11.4. The User shall agree that Joygame shall have right to store and use sign-up information to manage User accounts. The User shall agree that he/she shall not create accounts for any third party without consent of the party in question; otherwise, the User shall guarantee to be solely responsible for the consequences.
11.5. Joygame shall have right to take all necessary legal and technological measures if it is determined that the User’s actions constitute breach of his/her obligations under this clause.
12.1. Following the notification and the written consent of the User, Joygame Interactive Services Ltd. and third parties which are associates or project partners of Joygame may inform and introduce new products/services, promotions, campaigns or any similar matters for advertising and informative purposes via SMS and/or e-mail or any other communication tool, in relation to the Joygame Website and the services and contents provided on the Website. If the User shall not give consent for the aforementioned notifications, the User may inform Joygame accordingly about his/her demand to quit from the membership assigned for advertising and informative purposes on the Joygame Website.
12.2. Using the products and services provided on the Joygame Website shall be deemed a valid consent by the User to agree the aforementioned SMS and e-mails, which shall not constitute breach of personal data, unlawful storing of personal data, unfair competition, offensive advertising or marketing practice.
By ticking the box “ Notification / I want to leave from the Notification List” on the related notification, the User shall turn off all notifications stated in the clause 12.1.
13. INDEMNIFICATION AND RECOURSE
THE USER SHALL HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS JOYGAME FROM AND AGAINST ALL KINDS OF ACTIONS, CLAIMS, LAWSUITS, LOSSES, COSTS CAUSED BY HIS/HER USE, ABUSE OR MISUSE OF THE CONTENTS OF THE WEBSITE OR IN BREACH OF NON-DISCLOSURE PRINCIPLES OR ANY OTHER RULES AND PRINCIPLES SET FORTH IN ANY OTHER LEGAL DOCUMENTS WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE.
14. WAIVER OF WARRANTY
14.1. JOYGAME SHALL GIVE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AGAINST ANY KIND OF DEFECT, SEIZURE, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP CLAIMS AND CONCERNING THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTIBILITY OF THE CONTENT AND SERVICES ON THE WEBSITE OR ANY TIME PERIOD EXCLUDING THE TIME WHILE OPERATING.
14.2. THE PROVISIONS OF NO-WARRANTY CLAUSE 14.1 ABOVE SHALL NOT BE INTERPRETED AS THAT JOYGAME HAS TAKEN OR WILL TAKE DELIBERATE ACTIONS FOR ANY KIND OF PROBLEM SET FORTH IN 14.1 OR HAS PURSUED OR WILL PURSUE THESE KINDS OF ACTIONS AND GOALS.
15. CHARGES AND PAYMENT
15.1. Some of the contents and services on the Joygame Website may require payment and the rest of them may be free. Joygame shall have the right to determine which contents require payment and in what way and how long this determination will continue. Free games, contents, publications and other components on the Joygame Website may be later turned into paid ones at the discretion of Joygame or in consequence of the requests by third parties cooperated with Joygame in the acquisition the aforementioned. Paid contents similary may be later turned into free ones or ones with lower price at the discretion of Joygame. In case of the referred changes, Joygame shall notify the User permanently through the Website during a reasonable period of time.
15.2. The User shall be solely liable for all of his/her transactions and their charges through the Joygame Website.
15.3. The User shall choose any method of payment on the Website at his/her own discretion. When the User chooses a certain method of payment, the User shall be liable for providing compliance with technical and procedural rules related to that kind of payment method. Joygame shall have sole discretion in charging of services or contents on the Joygame Website, making changes in the charges and providing free services and contents.
15.4. In cases where the payment option “virtual POS/Credit Card” is chosen, the User’s credit card information demanded in the payment page shall never be stored by the servers of www.joygame.com or the companies rendering service to Joygame, for the purpose of providing maximum limit of safety.
15.5. All User transactions for the purpose of payment shall take place between the Bank and the User’s computer through the interface of www.joygame.com. Consequently, the service provided by Joygame in these transactions is limited to the aforementioned in this provision.
15.6. The User’s all credit card information and personal data are encoded by SSL Secure system. Thus, unauthorized acquisition of the User’s personal data by third parties is prevented.
15.7. The validity period of Joypara and if any, other purchasing tools in the acquisition and use of the contents on the Joygame Website shall be determined, regulated and modified by Joygame.
15.8. Joypara is a Joygame tool, which is for the paid contents provided on the Website and is used and acquired by the User in conformity with the procedures within the Website. It is special for Joygame, not regarded as a payment tool for any other third party and does not have any electronic or virtual fund features. The validity period of Joypara shall be limited to a year, for the User’s safety, as from the date when the User acquires it.
Joypara, which is unactivated and/or not used within a year as from the date of its acquisition, shall be no longer used or activated.
If the User demands to use and activate unavailable Joypara after a year following its acquisition, the User shall apply for activation by providing his/her date of acquisition, the amount and reasons for exceeding time period, identity and User information in a written form. In this case, after the examination by Joygame if the User’s demand and application are found to be convenient and unquestionable, Joygame shall approve the application. Time period for the aforementioned application is limited to ……… year following a-year-period after the acquisition.
15.9. Joygame shall not be liable for indemnifying damages arising out of the payments by the User through the Website. In all disputes arising out of or relating to this Agreement, Istanbul Anatolia Courts and Enforcement Offices shall have exclusive jurisdiction and all of Joygame’s records and documents shall constitute exclusive evidence to settle the disputes in question. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey without regard to its conflict of laws principles.
16. SUITABILITY OF CONTENTS
16.1. The Users shall have authority to control and decide on whether all games, publications, contents or any other components (especially, the games) on the Joygame Website or accessed through the Website are suitable for user age groups. Joygame may share non-binding assessments by official competent authorities about the suitability of the contents in the Website for the age groups.
16.2. In cases where the User is under the legal age of majority, it is strongly recommended that before using or accessing the contents of Joygame, the User shall notify his/her legal representatives about the related content or game, ask their suitability for his/her own age group and make use of the content in question or play or continue to play the game in question after approval of the aforementioned legal represantatives.
16.3. Being at the legal age of majority for the User is a statutory obligation for the sale and acquisition of all sorts of tools related to the contents or games in the Joygame Website. If the User is under the legal age of majority, it is recommended that the User should take actions mentioned in this clause under the supervision of his/her legal representatives and with the approval of them, otherwise these actions shall be deemed unexecuted.
16.4. In relation to the contents and services on the Joygame Website, Joygame shall not guarantee any kind of legal relationship between the User and any other third party or any undertaking associated with these legal relationships and deny this kind of interpretation. Joygame shall make efforts to the full extent of its power for the protection of each data hold by the Users through the Website. However, this provision shall not be interpreted so as to render under any circumstances, unlimited and exclusive liability of Joygame for all User accounts, the safety of all access information related to these accounts and any other Website content.
17. HEADINGS AND INTERPRETATION
The section headings contained in this Agreement are for reference purposes only. These headings shall have no legal effect and shall not in any way affect the meaning or interpretation of this Agreement.
18. PARTIAL INVALIDITY
If any provision contained in this Agreement is found to be illegal or unenforceable for any reason, that provision shall be replaced by a valid one to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect. However, if it is determined that the clause found to be illegal or unenforceable could not be reformulated, it is agreed that the clause in question is separable from the remaining provisions of the Agreement and that determination shall not affect the validity and enforceability of these remaining provisions.
19. LIMITATION OF LIABILITY
19.1. IN NO EVENT WHETHER IN CONTRACT, TORT, OBJECTIVE LIABILITY OR ANY OTHER LEGAL LIABILITY REGULATIONS AND PRINCIPLES SHALL JOYGAME BE LIABLE TO THE USER OR ANY THIRD PARTIES RELATED TO THE USER UNDER ANY CIRCUMSTANCES WITHOUT LIMITATION IN TIME FOR ANY CONSEQUENCE, LOST PROFIT, LOST SAVING OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGE, ARISING OUT OF THE USER’S USE, MISUSE OF THE JOYGAME WEBSITE OR ITS CONTENTS, OR GROSS NEGLIGENCE OF THIS AGREEMENT EVEN IF JOYGAME IS INFORMED OR SHOULD BE INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES AND/OR BY WAY OF ASSERTING ANY CLAIM OF THIS KIND.
19.2. THE USER SHALL HAVE RIGHT TO SUE AND COMPLAIN ANY THIRD PARTY, ARISING OUT OF BREACHES OF RIGHTS AND WARRANTS OF THE USER IN THIS AGREEMENT. IN THIS CASE, IF DEMANDED BY COMPETENT PUBLIC AUTHORITY OR AGENCY WITHIN LEGAL TIME FRAME FOR RETENTION, JOYGAME SHALL DISCLOSE DIGITAL DATA AND EVIDENCES RELATED AND ALWAYS SUPPORT THE USER.
19.3. UNDER NO CIRCUMSTANCES, THE USER SHALL DEMAND FROM JOYGAME ANY COMPENSATION MORE THAN THE SINGLE PAYMENT AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.
20. THE EFFECT OF FORCE MAJEURE EVENTS
Joygame shall not be liable for any failure or delay in the performance of this Agreement (including but not limited to the failures by Joygame to comply with its obligations contained in this Agreement) by an event of force majeure, reasonably unpredictable events occurring beyond the control of Joygame (including but not limited to, acts of God, war, terrorist attack, riot, embargo, acts of civil or military authorities, fire, flood, accident, strike, limitation on transportation facilities or unavailability of fuel, power, labor or materials).
21. ASSIGNMENT AND TRANSFER
21.1. The User shall not assign any right or warrant hold directly or indirectly related to this Agreement or the services or contents provided on the Joygame Website, to any third party, without prior written consent of Joygame.
21.2. Joygame may assign all or part of its rights, warrants or obligations under this Agreement or related to the contents in the Website, at any time, to any third party, with giving notice to the User.
The Parties of this Agreement hereby agree that the Istanbul Anatolia Courts and Enforcement Offices shall have exclusive jurisdiction to settle any dispute between Joygame and its Users related to the services provided by Joygame.
23. INTERPRETATION OF THE AGREEMENT’S EFFECT
User’s consent to agree on this Agreement, Joygame and User’s adoption of this Agreement or User’s use of Joygame Website or its contents shall not constitute and not be interpreted as joint venture, partnership, agency, employment or any other similar relationship between the Parties. This Agreement shall not affect any other previous agreements between the Parties as long as these previous agreements shall not contravene the provisions of this Agreement.
Joygame’s failure to exercise any provision contained in this Agreement shall never be interpreted as a waiver or shall not constitute relinquishment of the Parties’ right to assert or rely upon the provision in question or any other provision in this Agreement.
Joygame’s explicit waiver of any provision in this Agreement shall never constitute Joygame’s relinquishment of its obligation to act according to the provision in question in the future.
BY CLICKING “I AGREE” BUTTON AND/OR USING OR ACCESSING ANY OF JOYGAME’S CONTENT, SERVICE OR GAME, YOU AGREE THAT YOU READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE BOUND BY ALL OF THE AFOREMENTIONED.