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Terms of Service

These Terms of Service ("Terms" or "Agreement") govern your use of and access to (i) any and all current games, and any future mobile games/applications made available by Pure Games, unless explicitly stated otherwise by us in writing (collectively referred to as the "Games"), (ii) websites, web pages, and social media platforms managed by or on behalf of Pure Games in relation to the Games (the "Sites"), (iii) software provided by Pure Games for use with the Games (the "Apps"), and (iv) any online programs, services, forums, blogs, customer support channels, or offers linked to the Games, Sites, and Apps (collectively referred to as the "Services"). References to "Pure Games," "Company," "we," "our," or "us" in these Terms mean Pure Oyun Yazılım ve Pazarlama Anonim Şirketi and its subsidiaries.

BY ACCEPTING THESE TERMS, BOTH YOU AND PURE GAMES AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS ONLY, WITHOUT USING CLASS ARBITRATION, CLASS ACTION LAWSUITS, OTHER REPRESENTATIVE PROCEEDINGS, OR JURY TRIALS. IF YOU PREFER NOT TO PARTICIPATE IN ARBITRATION, YOU MAY OPT OUT BY FOLLOWING THE GUIDELINES PROVIDED IN SECTION 17(d), OR ONE OF THE EXCEPTIONS IN SECTION 17(g) MAY APPLY.

Although every part of these Terms is important and should be reviewed carefully, they include key provisions that may significantly affect YOUR LEGAL RIGHTS AND OBLIGATIONS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE RETAIN THE RIGHT TO ENFORCE THESE TERMS OR ANY OF THEIR PROVISIONS, RIGHTS, OR REMEDIES AT OUR SOLE DISCRETION. DECIDING NOT TO ENFORCE CERTAIN PROVISIONS IN SPECIFIC CASES DOES NOT MEAN WE WAIVE OUR RIGHT TO ENFORCE THEM LATER OR IN OTHER SITUATIONS.

SOME PARTS OF THESE TERMS MAY ONLY APPLY TO YOU BASED ON YOUR COUNTRY OF RESIDENCE. FOR THESE TERMS, "COUNTRY OF RESIDENCE" REFERS TO THE COUNTRY WHERE YOU HOLD LEGAL PERMANENT RESIDENCE, AS WELL AS ANY COUNTRY FROM WHICH YOU REGULARLY ACCESS OR USE OUR SERVICES. THE SERVICES DO NOT INCLUDE REAL MONEY GAMBLING OR OPPORTUNITIES TO WIN REAL CASH OR PRIZES. NO ACTUAL MONEY OR ITEMS OF MONETARY VALUE CAN BE WON BY PLAYING THE GAMES THROUGH THE SERVICES. WHILE VIRTUAL ITEMS MAY BE AVAILABLE FOR PURCHASE, REAL MONEY IS NOT REQUIRED TO PARTICIPATE. IF YOU DO NOT ACCEPT THESE TERMS, YOU SHOULD NOT USE OUR SERVICES.

Article - 1: Parties and Binding Effect

This Agreement constitutes a legally binding contract between you (the "User") and Pure Games. This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties, and promises between the Parties with regard to the subject matter hereof and contains the sole and entire Agreement between the Parties in respect of the matters covered hereby. By accessing the Site or any Services provided by Pure Games, you acknowledge your acceptance of these Terms of Service. If any future update to these terms requires any action from the User in order to comply with updates, the access to the Services shall be suspended until such action is completed.

Article - 2: Scope and Modifications

Pure Games continuously updates, changes, and develops Services at its own discretion. User can therefore only participate or use Services in its respective form provided at any given time by Pure Games. Pure Games retains the right to modify these Terms of Service (i) in the event of any amendments made due to legal changes, (ii) due to decisions by competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, or (v) in the event of a change in market conditions. Updated terms will be posted on the Site, or alternatively, Pure Games upon its sole discretion may send the amended Terms via email. User will be deemed to have accepted such changes by continuing to use any of the Services. User is liable for ensuring that their own software and hardware is suitable and up to date. Pure Games retains the right to cease the Services at any time without providing any ground for it.

Article - 3: Privacy

To deliver the Services effectively, Pure Games may require certain information from you. Your privacy is important, and we handle your information according to our Privacy Policy. Please refer to our Privacy Policy for details on how your information is collected, used, managed, stored, and shared, as well as the options available to you regarding your personal data.

Article - 4: Grant of Limited License

The Services are available for use only by authorized users in accordance with the terms set forth in this Agreement. Pure Games grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services using a personal computer or a mobile device solely for personal, non-commercial entertainment purposes. The use of the Services for business or commercial purposes is strictly prohibited. User shall not sell, copy, exchange, transfer, publish, assign, make available to the public, or otherwise distribute anything that User obtains or derives from the Service. Any unauthorized use of the Services is strictly prohibited.

Article - 5: Age of Users and Guardian Responsibility

Our Services are not intended for children under the age of 13. Users between the ages of 13 and 18 require parental or legal guardian consent to utilize Pure Games' Services. If you are a minor, your parent or legal guardian must review and agree to these Terms on your behalf. Parents can provide and verify consent through the Site or an authorized third-party provider.

If you are the parent or legal guardian of a minor and give your consent, you agree to: (i) familiarize yourself with parental controls available within our Services; (ii) monitor the minor's use of our Services; (iii) help ensure the minor uses our Services responsibly, including setting time limits; (iv) make sure your child follows these Terms; and (v) accept full legal responsibility for any actions or omissions, whether by you or your child, related to the use of our Services. Parents who wish to revoke previously provided consent should take appropriate action to disconnect from our Services. Pure Games disclaims responsibility for any activities conducted by individuals under the age of 13, with or without parental permission.

Article - 6: Accounts and Security

In order to use the Services, User is obliged to create an account ("Account"). The log-in details such as password and usernames shall be under the absolute control of the User. User agrees that it shall not give log-in details to anyone else or allow anyone else to use its Account. Pure Games assumes that anyone logging into the Account using correct details is the User.

If User fails to keep login details secret, or shares them (whether intentionally or unintentionally), User accepts full responsibility for the consequences (including unauthorized purchases) and agrees to fully compensate Pure Games for any losses. User shall promptly notify Pure Games in case of unauthorized access. In such cases or if Pure Games has concrete evidence of data misuse, Pure Games has the right to temporarily block access to the Account.

Pure Games will not be liable for any loss resulting from unauthorized access, whether fraudulently or otherwise. User acknowledges that no ownership or other property interest in any Account is granted. User shall not create an Account using a false identity, use another entity's email, create more than one Account per Service, or transfer its Account to any other person. Pure Games is entitled to suspend, terminate, modify, or delete any Account upon its sole discretion.

Article - 7: Ownership, Intellectual Property and User Content

All rights, title, and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by Pure Games and are protected by local and international intellectual property rights. Pure Games reserves all rights in connection with its Services. User acknowledges that User has no right or title in or to any content that appears in the Services, including virtual items, whether earned or purchased, or any other attributes associated with an Account.

"User Content" means any communications, images, sounds, and all the material, data, and information that User uploads or transmits through the Services, including forum postings and chat text. User retains rights to User Content excluding parts of the Services included within it.

By using the Services, User hereby grants to Pure Games and its affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid-up, sublicensable (through multiple levels), and transferable license to use, reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, process, and exploit your User Content and any associated name, username, or likeness in all media formats and channels, without compensation or credit to the User. User irrevocably waives any "moral rights" or authorship integrity associated with User Content. User Content must not be unlawful, harmful, harassing, defamatory, infringing of privacy, against fundamental human rights, or infringe proprietary rights of others.

Article - 8: Use of Communication Facilities and Forums

The Services may procure communication facilities such as forums, information groups, chats, blogs, fan pages, or online discussion areas ("Forums") where User may post information. The information posted is not subject to prior control of Pure Games. User takes full responsibility for the content it posts. User agrees to release Pure Games from any claims from third parties arising from a violation of User's obligations.

User undertakes not to place online or reveal information concerning a real person, information unrelated to the theme, disrespectful content, obscene, racist, violent, or pornographic content, abusive nature, or personal data of third parties without explicit consent. Pure Games has the right to monitor and record communication facilities and User provides irrevocable consent to such monitoring. Pure Games has the right to remove content, edit posts, and exclude the violating User from all and any kind of Services.

Article - 9: Feedback

You may choose to submit feedback, questions, comments, suggestions, ideas, or creative materials regarding Pure Games or our Services ("Feedback"). You acknowledge and agree that we may use this Feedback at our discretion for any purpose, including commercial purposes, without providing you with acknowledgment or compensation, including for the improvement or development of products or services. All works, inventions, or improvements based on your Feedback will be exclusively owned by Pure Games. Pure Games may treat Feedback as non-confidential.

Article - 10: Fees and Virtual Items

Pure Games may offer the User the possibility of ordering subscriptions or purchasing with "real world" money a limited, non-transferable, non-sublicensable, revocable license to use virtual currency or additional in-game content such as items, customization elements, maps, building accelerations, or avatars ("Virtual Items"), used to maximize the experience within Services. Except when explicitly authorized by Pure Games, (i) transfers of Virtual Items to other accounts are strictly prohibited; (ii) User shall not buy or sell Virtual Items for "real world" money or value; (iii) purported transfers, sales, gifts, or trades will not be recognized. Any attempt to do so is a violation of these Terms and will result in automatic termination of rights to use Virtual Items and cancellation of the Account. All Virtual Items are forfeited if the Account is cancelled, suspended, or if Pure Games discontinues the Services.

User agrees that all sales performed by Pure Games are final. Pure Games is not under the obligation to refund any transaction, costs, taxes, or expenses once it has been made, unless required by law. User is not entitled to claim any right, compensation, damage, or refund for the Virtual Items or lost virtual monetary value upon deletion or suspension of its Account or modification, termination, or expiration of these terms.

Article - 11: Third-Party Software and Content

(a) Open-Source Software: The Services may include software components provided under open-source licenses ("Open-Source Software"). Such software is used in accordance with the terms outlined in their respective licenses. These Terms do not alter or override your rights or obligations under any applicable Open-Source Software license.

(b) Third-Party Content and Advertising: Our Services may include links to or advertisements for third-party products, services, events, or activities, or allow third parties to make their content available through the Services ("Third-Party Content"). These resources are provided for convenience, and any interactions or transactions are solely your responsibility. We do not endorse or warrant the accuracy, quality, or reliability of Third-Party Content. User understands that when providing data to third parties, such transfer is governed by their privacy policy and Pure Games' privacy policy does not apply.

(c) Responsibility for Content: We are not obligated to review or monitor Third-Party Content. We reserve the right to restrict or block access to any Third-Party Content available through our Services at any time. We disclaim all liability for any issues, claims, or damages arising from your use of or interaction with such Third-Party Content.

Article - 12: Consequences of a Breach and Liabilities

Pure Games is not liable for damages resulting from a User's breach of its obligations and liabilities. Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Pure Games to take the following actions against any User violating the applicable law, third-party rights, these Terms, or any respective regulations:

If a User has been blocked or excluded, such User does not have the right to log in again to any Service provided by Pure Games without the prior written consent of Pure Games.

Article - 13: Limitation of Liability and Indemnity

Pure Games shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, revenue, profits; reliance on materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Pure Games' information) regardless of whether Pure Games has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory.

In no event will Pure Games' aggregate liability under this Agreement exceed the fees actually paid to Pure Games by the User in the 180 days preceding the claim. The existence of more than one claim will not enlarge or extend these limits.

User will indemnify, defend, and hold harmless Pure Games, its affiliates, officers, employees, and agents from and against any third-party claims, losses, damages, liabilities, and expenses (including attorneys' fees) brought against Pure Games, alleging that the use of the Services by the User violates any applicable law, or violates, infringes upon, or misappropriates any intellectual property right, publicity/privacy rights of a third party.

Article - 14: Disclaimer of Warranty

The Services, software, and documentation are provided "as is" and "as available" without warranty of any kind, express or implied, statutory, or otherwise. Pure Games expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose, or merchantability. Pure Games does not warrant that the Services will satisfy User's requirements, that the Services are without defect or error, or that the operation of the Services or Sites will be uninterrupted or error-free, or that defects will be corrected.

User acknowledges that Pure Games does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and problems inherent in the use of such facilities. Pure Games is not responsible for delays, delivery failures, or other damage resulting from such problems.

Article - 15: Release

To the maximum extent permitted by law, you release Pure Games and its affiliates, officers, employees, agents, and other associated entities ("Pure Games Parties") from any liability, claims, demands, and damages of any kind—whether known or unknown, actual or consequential—that arise from or relate to disputes with other users or the actions or omissions of third parties.

If you are a California resident, you specifically waive your rights under California Civil Code § 1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, would have materially affected their settlement with the debtor or released party."

Article - 16: Copyright Infringement

Pure Games takes copyright infringement seriously and has procedures in place to address allegations of infringement under the Digital Millennium Copyright Act (DMCA) and local legislation. If you believe that your intellectual property rights have been violated by content within our Services, please notify us promptly at info@pure.gs with a detailed description of the alleged infringement, your contact details, and proof of ownership.

Article - 17: Dispute Resolution and Agreement to Arbitrate on an Individual Basis

Please read this section carefully, as it requires you to resolve most disputes through arbitration on an individual basis, limits your ability to seek relief in court, and precludes class actions, unless exceptions apply.

(a) Purpose and Scope: This arbitration agreement applies to any past, present, or future claims, disputes, or controversies between you and Pure Games or its licensors, distributors, suppliers, or agents ("Disputes"). These include claims related to the Terms, Services, or interactions, regardless of when the Dispute arose. If you reside in the United Kingdom or European Economic Area, this agreement does not restrict your statutory consumer rights.

(b) Informal Resolution Process: Before pursuing arbitration or litigation, you and Pure Games agree to attempt resolving Disputes informally within a 60-day resolution period. A written "Dispute Notice" must be provided by the complaining party containing your name, contact details, account information, detailed explanation of the dispute, and a proposed resolution. Pure Games will send notices to your account details, while you must email your Dispute Notice to info@pure.gs. Neither party may initiate arbitration or litigation until the resolution period ends.

(c) Agreement to Arbitrate: If informal resolution fails, you and Pure Games agree to resolve disputes exclusively through binding arbitration, except as set forth in subsection (g) or required by law.

(d) Opt-Out Option: You may opt out of this arbitration agreement by submitting a written, signed notice to info@pure.gs within 30 days of first accepting these Terms. Opting out will not prevent you from accessing the Services.

(e) Arbitration Procedures:

(f) Class Action Waiver: You agree to arbitrate disputes on an individual basis. Class actions, group arbitrations, collective actions, or representative actions are expressly and irrevocably waived to the maximum extent permitted by law.

(g) Exceptions to Arbitration: You or Pure Games may: (i) seek temporary injunctive relief in a court of competent jurisdiction; (ii) file small claims cases where applicable; (iii) pursue claims through the Online Dispute Resolution platform in the European Economic Area.

Article - 18: Governing Law and Jurisdiction for Disputes

If you reside in the United Kingdom or the European Economic Area, no part of this Section will limit or exclude any statutory rights you may have as a consumer under the laws of your country of residence.

(a) Governing Law: If you reside in the United States, these Terms, your use of our Services, and any related disputes will be governed by the laws of Turkey, excluding conflict-of-law principles. The agreement to arbitrate under Section 17 will be governed by the United States Federal Arbitration Act. If you reside outside of the United States, these Terms, your use of the Services, and any related disputes, including the arbitration agreement, will be governed by the laws of Turkey, excluding conflict-of-law principles.

(b) Judicial Forum for Disputes: Except where applicable law dictates otherwise, you and Pure Games agree that any disputes not subject to arbitration under Section 17, and not eligible for small claims courts, may only be resolved in a court of competent jurisdiction located in Istanbul Merkez (Central) Courts, Turkey. Both parties consent to venue and personal jurisdiction in that location.

Article - 19: Modifying or Terminating Services

(a) Outside the UK, EEA, or Australia: We reserve the right to modify, suspend, or terminate the Services, change fees, or offer new opportunities to users at any time. Changes may be made to improve gameplay, fix bugs, or update technical aspects. You may need to accept updates to Apps installed on your devices. Updates may be carried out remotely, with or without notification. You can discontinue use of our Services at any time by closing your account and uninstalling the Apps.

(b) Within the UK, EEA, or Australia: We may modify, suspend, remove, or add new features to our Services as needed for technical improvements, security updates, or compliance with applicable laws. If a modification significantly and adversely impacts your use of the Services, we will provide reasonable notice. If you disagree, you have the right to terminate these Terms within 30 days of notice. We may terminate these Terms or suspend your account if you breach significant provisions, providing reasonable notice when possible.

(c) Survival: Certain rights and obligations, including intellectual property ownership, licenses granted to Pure Games, disclaimers, limitations of liability, indemnity, and dispute resolution provisions, will survive the termination or expiration of these Terms.

Article - 20: General Commercial Terms

(a) Export Controls: You must comply with all applicable export and sanction laws, including those of the United States, Turkey, the European Union, and the United Kingdom. These laws prohibit the use of the Services by individuals or entities in sanctioned countries (including Cuba, Iran, Syria, North Korea, and others) or sanctioned individuals. You warrant that you are not located in a sanctioned country and will not violate these laws.

(b) Responsible Gaming: While we want you to have an enjoyable experience, it is your absolute responsibility to manage your playtime and spending on our Services responsibly.

(c) Artificial Intelligence: Pure Games may use artificial intelligence (AI) or generative AI for various purposes, such as automated customer support, service customization, and generating in-game assets. The license you grant in Section 7 allows us to process and utilize your content for compiling systems and training underlying analytical or technical models. Some AI systems may be provided by third parties, subject to their respective terms.

(d) Content Recommendations: We may use your gameplay, behavioral, and purchase data to optimize and personalize the Services, such as tailoring in-game promotions, events, and gifts based on your preferences and engagement.

(e) Language: To the fullest extent allowed by law, the official language for these Terms is English. Any translations are provided for convenience purposes only.

Article - 21: Miscellaneous Provisions

Pure Oyun Yazılım ve Pazarlama AŞ
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