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.