GAMES UNİTED YAZILIM EĞİTİM SANAYİ TİCARET A.Ş

TERMS OF USE
 

                                                                                                                                                                                                                             Effective Date: [22.12.2021]    
1. INTRODUCTION

 1.1. These Terms of Use (“Terms of Service” or “Terms”) govern the relationship between you andGames United Yazılım Eğitim Sanayi Ticaret A.Ş (together with its parents, subsidiaries, joint venturesand other corporate entities under common ownership and/or any of their agents, consultants,employees, representatives, affiliates, officers, and directors, “Games United” or “we” or “us”)regarding your access to and use of Games United’s games, mobile applications, websites, content,products, and any services related to games that are made available by Games United on the Apple AppStore, Google Play App Store, Amazon App Store or on Facebook (collectively the “Services”).

1.2. When you use or access our Services in any capacity, you represent that you are at least 13years old (or at least 16, if you reside in the European Economic Area (the “EEA”)) and that youunderstand and agree to these Terms. If you are under the age of 18 and at least 13 years old (or at least16, if you reside in the EEA), you agree that you have gotten permission from a parent or guardian touse our Services. No one under the age of 13 (or under 16, if you reside in the EEA), in which casemust not create an Account, use any of our Services, or submit personal information in the Services orto Games United. If you access our Services through a third-party platform or site, you may be requiredto comply with their policies in addition to these Terms.

1.3. Our collection and use of personal data in connection with Services is described in our PrivacyPolicy, which is incorporated by reference into these Terms.

1.4. We may amend these Terms by posting the amended versions on our website or in thesupplemental terms of the applicable Service(s). By continuing to access or use our Services after wepost amended versions, you confirm your agreement to the Terms, as amended. If you do not agree withany of the changes, you must immediately stop accessing our Services and your license to use ourServices will immediately terminate. Games United may make changes to the Services at any time ordiscontinue your access to the Services at any time without warning and without a refund of any kind.You understand and hereby agree that Games United may discontinue or restrict your use of the Servicesfor any reason and without notice or compensation.

1.5. This is a legally binding agreement, and you should read it carefully. By installing, using, orotherwise accessing our Services, you confirm your agreement to be bound by these Terms. If you donot agree with any of these terms, you may not install, use, or otherwise access our Services.

1.6. Please note that the section below titled “GOVERNING LAW AND DISPUTERESOLUTION” contains a binding arbitration agreement and class action waiver. they affect your legalrights. Please read them.

1.7. You may only use this Services and any materials found in this Services (including, but notlimited to, any images, logos, designs, insignia, marks, pictures, sounds, text, messages, tools, software,technology, products, files, information, data, demos, promotional materials, audio-visual andmultimedia works and any other items or expressions) (collectively, "Materials") in accordance withthis Terms and you agree to comply with these Terms at all times.

2. LIMITED LICENSE

2.1. Subject to your agreement and your continued compliance with these Terms and all relevantGames United policies, Games United grants you a non-exclusive, non-transferable, non-sublicensable,revocable limited license (subject to the limitations below) to access and use the Services for your ownpersonal (i.e. non-commercial) use only. Such license is subject to these Terms and does not include:

 (i) any commercial use of Services or the Materials therein;

  (ii) the distribution, public performance, public display, making publicly available, or otherunauthorized exploitation of any Materials;  

  (iii) modifying or otherwise making any derivative uses of Services or the Materials, or any portionthereof;(iv) downloading (other than the page caching) of any portion of Services, the Materials or anyinformation contained therein, except as expressly permitted on the Games United webiste; or(v) any Services or the Materials other than for their intended purposes.

 2.2. Any Services or the Materials other than as specifically authorized herein, without the priorwritten permission of Games United, is strictly prohibited and will terminate the license granted herein.Such unauthorized use may also violate applicable laws, including without limitation copyright andtrademark laws and applicable communications regulations and statutes. Unless explicitly stated herein,nothing in these Terms shall be construed as conferring any license to intellectual property rights,whether by estoppel, implication or otherwise. Games United may revoke this license at any time.

2.3. Restrictions

2.3.1. You specifically agree to the following license restrictions in connection with Services:

  (i) If you have been previously banned from accessing our Services, you are prohibited from reaccessing Services.

  (ii) You are prohibited from using our Services for commercial purposes.

  (iii) You are prohibited from using our Services to advertise, solicit, or transmit any commercialadvertisements, which include but are not limited to chain letters, junk, spam, or
repetitivemessaging (both targeted and un-targeted).

  (iv) You are prohibited from creating an Account on someone else’s behalf.

  (v) You are prohibited from creating an Account using inaccurate or false information.

  (vi) You are prohibited from renting, selling, gifting, or giving away your Account or Accountrelated information.

  (vii) You are prohibited from selling or transferring prizes or rewards obtained in connection withServices to any other person or entity.

  (viii)You are prohibited from removing, obscuring or altering any notice of copyright or otherproprietary notices present on or in any Materials.

2.3.2. You further agree that under no circumstance will you:

(i) Engage in acts that are inappropriate and/or in conflict with the spirit or intent of Services orthese Terms.

(ii) Attempt to gain unauthorized access to, circumvent, modify, disrupt, overburden, or otherwiseimpair any aspect of our Services (including Accounts of others) or related technology, devices,systems or networks.

(iii) Engage in unlawful, abusive, threatening, obscene, defamatory, libelous, harassing, hateful,violent, racist, or otherwise objectionable or offensive acts, whether by posting and/ortransmitting such information through our Services, or by any other means (e.g., by postinglinks to such content).

(iv) Engage in acts or attempts to abuse, threaten, harm, harass, or advocate or incite harassmentand/or violence towards another person, group, our employee(s) or our Services, or engage inany acts in violation of other publicly posted Games United policies (e.g. forum rules).(v) Use our Services to post, supply or make available any material or information that infringeson any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or anyother right of a person or entity.

(vi) Use our Services to post, display, or transmit any other person or entity’s private information,including personally identifiable and/or financial information.

(vii) Copy or reproduce (except as expressly permitted), translate, reverse engineer, derive sourcecode from, modify, disassemble, decompile, or create derivative works based on or related toServices.

(viii) Scrape, harvest, or extract data from Services.

(ix) Seek to obtain advantage or information from our Services using methods not expresslypermitted by Games United.

(x) Engage in solicitation or attempted solicitation of personal information from other users of ourServices.

(xi) Institute, engage in, assist with, or become involved in any form of attacks upon our Services,including but not limited to denial-of-service attacks, creation or distribution of viruses ormalware, or attempts to disrupt our Services or others’ enjoyment of our Services.

(xii) Create, use, offer, promote, advertise, make available, and/or distribute exploits, cheats, bots,software, hacks, mods or any unauthorized third-party code or software that can be used tointerfere with, alter or modify our Services, or that can be used in conjunction with our Services.

(xiii) Impersonate another person, including without limitation any other user or any Games Unitedemployee.(xiv) Use our Services to violate any applicable law or regulation and order of any governmentalauthority in your use of this Services and the Materials

(xv) Use our Services for any activities other than what are reasonably considered the common andusual activities associated with Services for general entertainment

(xvi) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent anytechnological measure implemented by Games United or any of Games United’s providers orany other Third Party (including another user) to protect the Services

(xvii) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail,spam, chain letters or other form of solicitation

(xviii) Forge any TCP/IP packet header or any part of the header information in any email ornewsgroup posting or in any way use the Services to send altered, deceptive or false sourceidentifying information

2.4. Access or Use of Services Associated with Your Account

2.4.1. When you access or use Services, you create an account with us (“Account”). In some cases,you may be asked to create a username and password (collectively known as “Login Information”). Inthe following cases not caused by Games United;

You are responsible for all use of Services and activity related to your Account, including alltransactions and payments associated with that Account (which may include but are not limited to theuse of your credit card and other payment systems). Thus, Games United strongly encourages you tokeep your password safe and never to give your Account information to anyone else. You agree tomaintain accurate, complete, and up-to-date information in your Account, and our Privacy Policydescribes how you can keep your personal information up-to-date. It is your sole responsibility tomaintain the confidentiality of your Login Information.

2.4.2. You agree not to engage in any acts that may compromise the integrity, fair play and/or securityof your Account, including but not limited to sharing Login Information or permitting unauthorizedaccess, loss, or theft. If you learn or suspect that your Account has been compromised, please contactus immediately. We also urge you to modify your Login Information to prevent further damage. Wewill not be responsible to you for any losses or harm you may suffer as a result of an unauthorizedperson accessing your Account and/or using your Login Information in connection with our Services.

2.4.3. You are solely responsible for your interactions with other users of our Services and any otherparties with whom you interact through Services. We reserve the right, but have no obligation, tobecome involved with any disputes related to those interactions. You agree to fully cooperate with usto investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, by granting us access to any password-protected portions of your Account as may be required. If you havea dispute with any other user(s), you release us from claims, demands and damages (actual andconsequential) of every kind and nature, known and unknown, arising out of or related to such disputes.

2.4.4. We reserve the right to reclaim and/or remove any usernames at our discretion at any time, forany reason. You may have only one Account per game on a properly supported device.2.5 Suspension and Termination of Account and Services

2.5.1. Without limiting any other remedies, we may suspend, terminate, delete, limit, or modifyAccounts or access to Services or any portions thereof, hold, delay, or remove hosted content, take legaland technical steps to prevent access to Services, or take other action consistent with these Terms, withor without notice to you, if we suspect or determine, in our sole discretion, that you have failed tocomply with any of these Terms or have otherwise engaged in illegal activity or improper use of ourServices. This may result in the loss or termination of your Account, information, persona, rankings,benefits, Virtual Items defined in Section 5 below, in-game purchases, or other losses. We are not andwill not be held responsible for loss of any Account, information, persona, rankings, benefits, VirtualItems, in-game purchases, or other losses incurred, and are under no obligation to compensate youtherefor.

2.5.2. We reserve the right to stop offering and/or supporting our Services or any portion thereof,including but not limited to any particular game, at any time for any reason. If this does occur, yourlicense to access or use the applicable Services will automatically terminate and you may lose access toany content that you may have submitted or were in the process of submitting. We reserve the right toterminate any Account that has been inactive for 180 days or more. We are not required to notify youin advance of these actions, or to provide you any refunds, compensation, or any material or nonmaterial benefit for discontinued or terminated Services or losses resulting therefrom.

2.5.3. You may choose to close your Account for any reason and at any time. If you choose to exercisethis right, please inform Games United that you wish to close your Account by2.5.4. emailing privacy@gamesunited.co and requesting that your Account be closed. You understandthat if you close your Account, you may no longer have access to information previously associatedwith your Account (including, without limitation, your game progress and any Virtual Items associatedwith your Account).

3. OWNERSHIP

3.1. The Services and all rights, title and interest therein are and shall remain the property of GamesUnited or its licensors. This may include without limitation all games, mobile applications, software(including server software), websites, titles, characters, character names or profiles, stories, dialogue,animations, art, concepts, content, audio sounds and effects, musical compositions, visual effects,methods of operation, documentation, moral rights, in-game chat transcripts, all recordings of gamesand game play, and Virtual Items appearing and/or originating in our Services, whether provided, earnedor purchased. Neither these Terms nor your use of Services convey or grant to you any rights:

(i) in or related to Services, except for the limited license granted above; or

(ii) to use or reference Games United or its licensors’ company name(s), logos, product and servicenames, or marks.

3.2. You acknowledge and agree that you will have no ownership or other property interest in anyAccount created in connection with Services. You further acknowledge and agree that all interest in andrights to any such Account are and will be owned in perpetuity by and solely for the benefit of GamesUnited.

4. USER CONTENT

4.1. While Games United welcomes your comments and feedback regarding its Services, GamesUnited does not accept or consider any materials for use in any of its Services which have not beenspecifically requested by Games United. In the event that you submit, upload, publish, transmit, orotherwise make available to us materials, data, information, communications, pictures, sounds or anyother legal content using Services (“User Content”), you understand and agree to the following terms:

(i) You hereby grant to Games United a perpetual, irrevocable, royalty-free, worldwide, fully paidup, non-exclusive, sub-licensable right and license to exploit the User Content and all elementsthereof, in any and all media, formats and forms, known now or hereafter devised. Games Unitedshall have the unlimited right to copy, reproduce, fix, modify, adapt, translate, reformat, preparederivatives, add to and delete from, rearrange and transpose, manufacture, commercialize, publish,distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, make publiclyavailable, publicly perform, provide access to, broadcast, use and practice the User Content as wellas all modified and derivative works thereof and any and all elements contained therein, and use orincorporate a portion or portions of the User Content or the elements thereof in conjunction with orinto any other material, without notice to or consent from you, and without compensation to you orany other person or entity.

(ii) In the event you upload or otherwise transmit to Games United any concepts, ideas, or feedbackrelating to Games United’s Services, you shall not be entitled to any compensation for any suchsubmission, unless expressly agreed between you and Games United, and Games United may freelyuse any such submission in any manner it deems appropriate. You further hereby grant to GamesUnited the unconditional, irrevocable right to use and exploit your name, likeness and any otherinformation or material submitted or transmitted to Games United in connection with any UserContent, without any obligation to you. Any such submission by you shall not create any contractualrelationship between you and Games United. Except to the extent that any such waiver is prohibitedby law, you hereby waive the benefit of any provision of law known as "moral rights" or "droitmoral" or any similar law in any country of the world, regardless of whether User Content is alteredor changed in any manner.

(iii) As a user, you are personally and solely responsible for all information posted and/or sent,transmitted, or provided to others by you in connection with our Services, including but not limitedto User Content posted in forums, blogs, and player chat features. You represent, warrant, and affirmthat your User Content is accurate, that it does not violate any applicable laws or rights especiallythe copyright, trademark, patent, trade secret or other intellectual property rights of any third party,that you have the appropriate permissions or rights from any third parties whose information or intellectual property is comprised in the User Content, and that such User Content is free of malware,viruses, adware, spyware or any malicious code. You agree not to submit and/or transmit any UserContent that is unlawful, tortious, defamatory, libelous, obscene, invasive of the privacy of anotherperson, threatening, harassing, abusive, violent, hateful, racist, or otherwise objectionable orinappropriate. We do not assume any liability or responsibility for any user behavior or formonitoring User Content or conduct in connection with Services. We may, but are not obligated to,review, monitor, reject, deny, or remove User Content, at our sole discretion and at any time and forany reason, without notice to you.

(iv) Though it is not obligated to, Games United reserves the right in its sole discretion to monitor,prohibit, review, edit, delete and/or disable access to or make unavailable any User Content withoutnotice for any reason or for no reason at any time for the purpose of operating the Services, to ensurecompliance with these Terms and to comply with applicable law or other legal requirements. Byaccepting the Terms of Services, you hereby provide your irrevocable consent to such monitoringand recording. You acknowledge and agree that you have no expectation of privacy concerning thetransmission of any User Content, including, without limitation, chat text or voice communications.

(v) Games United provides fun pages, forums, blogs and chat features in the Services, in whichusers can post information. Users may post topics of interest, general information, comments andsometimes even personal information in these mediums. You understand that Games United is notresponsible for any information posted in the Services or whether others will view your information,comments and topics in the same light. Please do not submit, upload, write or transmit anyinformation in the Services you deem to be confidential. Games United does not and will not bearany responsibility or liability of the use of any such information. Furthermore, no compensation willbe provided for any ideas, schemes or uses of any information provided in these medium.

(vi) You are solely responsible for your interactions with other users of the Services and any otherparties with whom you interact through the Services or the games. Games United reserves the right,but has no obligation, to become involved in any way with these disputes. You will fully cooperatewith Games United to investigate any suspected unlawful, fraudulent or improper activity, including,without limitation, granting Games United access to any password-protected portions of yourAccount.

(vii) If you have a dispute with one or more users, you release us (and Games United’s officers,directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages(actual and consequential) of every kind and nature, known and unknown, arising out of or in anyway connected with such disputes.

4.2. Please do not use these mediums to share or post information you wish to remain confidential.However, User Content may be processed by us in accordance with our Privacy Policy. Please contactus if you have questions regarding your User Content or Account by emailing us atprivacy@gamesunited.co.

5. FEES AND PURCHASE TERMS

5.1. Any time you purchase virtual currency (including but not limited to virtual cash and other ingame premium currency), virtual in-game items, and any other premium goods or services in connectionwith our Services (collectively, “Virtual Items”) with real currency (i.e., real world money), GamesUnited grants you a limited, personal, non-transferable, non-sublicensable, revocable license to use suchVirtual Items. All purchases and redemptions of such Virtual Items through our Services are final andnon-refundable, unless otherwise determined by us. Games United may manage, regulate, control,modify or eliminate Virtual Items at any time, with or without notice to you. Games United will haveno liability to you or any third party in the event thatGames United exercises any such rights.

5.2. Virtual Items have no real-world value. Other than as expressly authorized in our Services, youmay not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limitedto Games United, another user or any third party.

5.3. You understand that use of Services may result in charges to you, and you agree to pay all feesand applicable taxes incurred by you or anyone using your Account. Payments will be enabled usingthe payment method tied to your Account. We may revise the pricing for the goods and services offeredthrough our Services at any time. We may also from time to time provide certain users with offers anddiscounts that may result in different amounts charged for the same or similar services or goods obtainedthrough the use of Services, and you agree that such offers and discounts, unless also made available toyou, shall have no bearing on your use of Services or payments charged to your Account. Youacknowledge and agree that we are under no obligation to provide you with a refund for any items(including Virtual Items) that are in your Account, for any reason, including but not limited totermination of your Account or when closing your Account, whether such actions are voluntary orinvoluntary.

6. UPDATES TO OUR SERVICE

6.1. These Terms constitute the entire agreement between you and Games United relating to thesubject matter hereof. Games United may, from time to time, change, modify or update these Terms,and the revised Terms will apply prospectively. While Games United will make all reasonable effortsto inform you of any such updates, you acknowledge and agree that Games United may update Services,with or without informing or otherwise notifying you. For easier reference, Games United will mentionthat as “Last Revised” date above.

7. DISCLAIMER OF WARRANTIES

7.1. Without limiting Games United’s liability under Section 8 below, Services are provided on an“as is” and “as available” basis for your use, with no warranties of any kind, express or implied,including without limitation the warranties of merchantability, fitness for a particular purpose, title,non-infringement, and those arising from course of dealing or usage of trade, and all use is at your ownrisk. Games United does not warrant that you will be able to access or use our Service at the times orlocations of your choosing; that our Services will be of a certain quality or suitability or will be uninterrupted or error-free; that defects will be corrected; or that our Services are free of viruses or otherharmful components.

8. LIMITATION OF LIABILITY AND INDEMNITY

8.1. Limitation of Liability

To the maximum extent permitted by law, Games United shall not be liable to you for any indirect,incidental, consequential, special, punitive or other similar damages, including, but not limited to, lossof revenues, lost profits, lost data or business interruption or other intangible losses (however suchlosses are qualified), arising out of or relating in any way to these terms of services or the services itself,whether based on contract, tort or any other legal theory, and whether or not Games United has beenadvised of the possibility of such damages.

Games United shall not be liable to you for more than the amount you have paid to Games United inaccordance with these terms of services in the six (6) months immediately preceding the date on whichyou first assert a claim. You acknowledge and agree that if you have not paid anything to Games Unitedduring such time period, your sole remedy (and Games United’ exclusive liability) for any dispute withGames United is to stop using the services and cancel your account.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion ofliability for certain types of damages. Accordingly, some of these disclaimers and limitations may notapply to you. To the extent that Games United may not, as a matter of applicable law, disclaim anywarranty or limit its liability as set forth herein, the scope of such warranty and the extent of GamesUnited’ liability shall be the minimum permitted under such applicable law. In particular, nothing inthese Terms of Services shall affect the statutory rights of any consumer or exclude or restrict anyliability for death or personal injury arising from any negligence or fraud of Games United.

8.2. Indemnification

You agree to defend and indemnify Games United, its companies, officers, directors, contractors,employees, agents, third-party suppliers, licensors, partners and affiliates against and from any thirdparty claims, liabilities, losses, injuries, damages, costs or including legal fees and expenses incurredby Games United arising out of or relating to:

  (i) your use or misuse of our Services or goods or services obtained in connection therewith;

  (ii) any breach or violation of these Terms;

  (iii) our use of your User Content; or

  (iv) any breach of the representations, warranties, and covenants made by you herein.

8.3. We reserve the right, at your expense, to assume the exclusive defense and control of any matterfor which you are required to indemnify us, and you agree to cooperate with our defense of these claims.We will use reasonable efforts to notify you of any such matter upon becoming aware of it.

You agree that the provisions in this paragraph will survive any termination of your Account(s) or ofour Services.

9. GOVERNING LAW and DISPUTE RESOLUTION

9.1. If a dispute arises between you and us, we prefer amicable resolution to protracted legal battles.To that end, we have created an informal dispute resolution program we believe can resolve mostmatters. Before initiating any court proceeding, you must first exhaust the step below to resolution:

ESCALATION: If you’ve followed the above steps, but you feel that the issue remains unresolved afterour agents have stated that a matter is closed, please email us at support@gamesunited.co and specifythe issue you believe is unresolved. Our player care leads will work with you further to resolve yourissue. In some cases, we may address the issue remotely. In others, we may ask to speak with youdirectly and will arrange a mutual time to discuss your matter. If you provide us with your phone numberfor this purpose, it will not be used for other purposes.

9.2. This Agreement shall be governed by and construed in accordance with the laws of Switzerlandwithout reference to its choice of law rules.

9.3. You agree that you can only bring claims against Games United on an individual basis. Youcannot bring a claim as a plaintiff or class member in a class, collective, consolidated, or representativeaction. The provisions of the U.N. Conventions on Contracts for the International Sale of Goods andany other applicable arbitration rules shall not apply to any matters related to these Terms applications.

10. GENERAL PROVISIONS

10.1. Severability

You and Games United agree that if any portion of these Terms is found unlawful, void, or for anyreason unenforceable, in whole or in part, that provision will be ineffective only to the extent of suchfinding and as to such jurisdiction, without affecting the validity or enforceability thereof in any othermanner or jurisdiction and without affecting the remaining provisions of these Terms, which will beenforced to the fullest extent of the law. No amendment or severing of any provision of these Termsshall affect the validity or enforceability of any remaining provisions.

10.2. AssignmentGames United may assign or delegate these Terms, in whole or in part, to any person or entity at anytime with or without your approval.

10.3. Force MajeurWe will not be liable for any delay or failure to perform resulting from causes outside of our reasonablecontrol, including without limitation any failure to perform hereunder due to unforeseen circumstancesor causes such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires,floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

10.4. Claims of Copyright InfringementThe Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright ownerswho believe their rights under US copyright law have been infringed. If you believe in good faith thatmaterials hosted by us infringe your copyright (for example, materials posted by a user on one of our forums), you or your agent can send us a notice requesting that the material be removed or access to it blocked.

If you believe your copyright-protected work has been posted on Services in a way that constitutescopyright infringement (please consult an attorney to better understand your rights and obligationsunder Section 512(c) of the Copyright Act and other laws), please contact our DMCA Agent with anotice containing the following information:

● Reasonably sufficient details to enable us to identify the work claimed to be infringed (e.g., title,author, any registration or tracking number, URL) or, in the case of multiple works, a representativelist of such works;

● Reasonably sufficient details to enable us to identify and locate the material claimed to be infringing(e.g., a link to the page that contains the material);

● Your name, address, telephone number, and, if available, email address;

● A statement that you have a good faith belief that the use of the material identified above is notauthorized by the copyright owner, its agent, or the law;

● A written statement, under penalty of perjury, that the information in your notice is accurate andthat you are authorized to act on behalf of the owner of the exclusive right that is alleged to beinfringed; and

● Your physical or electronic signature.If you believe material that you have posted to Services has been improperly taken down, you may filea written counter-notice with our DMCA Agent. Please include the following details:

● Identification of the material that has been removed or to which access has been disabled and thelocation at which it appeared before it was removed or disabled;

● A statement, under penalty of perjury, that you have a good faith belief that the material wasremoved or disabled as a result of mistake or misidentification;

● Your name, address, telephone number, and, if available, email address;

● A statement that you consent to the jurisdiction of the Federal District Court for the judicial districtin which your address is located or, if your address is outside the US, for any judicial district inwhich Games United may be found, and that you will accept service of process from the personwho submitted a notice in compliance with Section (c)(1)(C) of the DMCA, as described above;and

● Your physical or electronic signature.DMCA notices must meet current statutory requirements imposed by the DMCA.Please send DMCA notices to our DMCA Agent at the following address: DMCA Agent, Games UnitedYazılım Eğitim Sanayi Ticaret A.Ş, ARNAVUTKÖY MAH.BEBEK ARNAVUTKÖY CAD. İNCİ

YALI NO: 28 İÇ KAPI:2 BEŞİKTAŞ or by email (subject line “DMCA Communication”)support@gamesunited.co

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materiallymisrepresents that material or activity is infringing, or that material or activity was removed or disabledby mistake, may be subject to liability. Please also be advised that we enforce a policy of terminatingthe Accounts of repeat infringers (i.e., users who have made two or more postings for which we receivea notice of infringement).

Games United’s DMCA Agent should be contacted only for the purposes set forth in this Section.NON-DMCA INQUIRIES DIRECTED TO GAMES UNITED’S DMCA AGENT WILL NOT BEANSWERED. MISUSE OF THE DMCA CAN SUBJECT YOU TO LIABILITY.

10.5. Entire Agreement

These Terms, including any additional policies and documents referenced in this agreement, are theentire agreement between you and Games United. They supersede all prior understandings between youand Games United, regardless of the medium (oral, written electronic) and practice (custom, policy,course of business, precedent) by which such understandings were communicated.

10.6. No WaiverAny failure of Games United to enforce any right or provision in these Terms shall not constitute awaiver or relinquishment of such right or provision unless acknowledged and agreed to by us in writing.The express waiver by Games United of any provision, condition, or requirement of these Terms willnot constitute a waiver of any future obligation to comply with such provision, condition or requirement.Except as expressly and specifically set forth in these Terms, no representations, statements, consents,waivers, or other acts or omissions by Games United will be deemed a modification of these Terms orlegally binding, unless documented in physical writing, hand signed by both you and a duly appointedofficer of Games United.

10.7. Notices

We may give notice to you via: (i) postings on Services; (ii) email, telephone, or text message to anyemail address or phone number connected with your Account; (iii) written communication sent by mailto any address connected with your Account. All notices given by you or required from you under theseTerms must be in writing and addressed to: Games United Yazılım Eğitim Sanayi Ticaret AŞ.ARNAVUTKÖY MAH.BEBEK ARNAVUTKÖY CAD. İNCİ YALI NO: 28 İÇ KAPI:2 BEŞİKTAŞ.Any notices that you provide without compliance with this subsection will have no legal effects.