GAMESMRKT TERMS OF SERVICE

Effective May 20, 2020
Last Amended May 20, 2020

These Terms are a legal agreement between you and Gamesmrkt (referred to as us/we/our/GamesMrkt in these Terms). The Terms set out how you may use our apps or any games, products, forums and services we offer through our apps or otherwise on any platform (all collectively referred to in these Terms as our “Services”). Please read these Terms carefully.

GamesMrkt General Terms & Conditions

“Account” means an account you create when you access the Services.

“Community Rules” means the rules of conduct that govern your interaction with our Services and other players, which can be found here.

“Feature Terms” means any other rules related to specific services, like platforms and APIs, applications for mobile devices, forums, contests, subscriptions or loyalty programs that we may publish, which apply to your use of those specific services and state they are part of these Terms.

“Offers” means special programs, including offers, excursions, and special gifts, both digital and tactile, that GamesMrkt may offer from time to time to certain eligible players.

“Services” means our games, products, services, content, Gamesmrkt.com, and/or other domains or websites operated by GamesMrkt.

“Terms of Service” or “Terms” means these terms of service.

“User Content” means all the data that you upload, transmit, create, or generate on or through the Services. This includes things like your profile picture, your in-game text or video chat, and your in-game art or other content authored or designed by you.

“Virtual Items” means (a) virtual currency, including without limitation virtual coins, cash, tokens, or points, all for use in the Services and (b) virtual in-game items.

“GamesMrkt Corporate Family” means GamesMrkt’s subsidiaries, parent companies, joint ventures, and other corporate entities under common ownership and their agents, consultants, employees, officers, and directors.

“GamesMrkt Affiliates” refers to the GamesMrkt Corporate Family plus GamesMrkt’s and the GamesMrkt Corporate Family’s third-party content providers, distributors, licensees, or licensors.

Gamesmrkt Limited is a private limited company registered in the Turkey whose registered number is 51119. Our contact details are set out in “How can I contact you?” below.

You should read these Terms because they contain our legal commitments to you and a number of DOs and DON’Ts which you need to be aware of when you use our Services. Please read these Terms carefully to make sure you understand them. By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.

• You should also read our Privacy Policy. The Privacy Policy explains how we use your personal data.
• If you wish to buy any virtual currency or items in our Services, you should read our GamesMrkt Virtual Items Terms and Conditions.

We can update and change these Terms from time to time and the most current version of these Terms will made available on www.gamesmrkt.com (the “Website”) and relevant apps and you may be invited to review and accept the revised Terms in order to continue using the Services. You can print and save a copy of these Terms for your future reference.

If you have dedicated log-in details (i.e. you register for our Services and are not logging in through a third party service such as Facebook) you need to keep them safe! You are responsible for maintaining the confidentiality of your login details including any username, email address and password and you are also responsible for all activities that are carried out under your account. We would also recommend that you regularly change your password, and do not use the same email and password combination for any other online service.

Fair gameplay is important to GamesMrkt. You therefore agree not to share your username and password with any other user or third party, or knowingly carry out any activity which enables a third party to access or use your account. If we believe, acting in our discretion, that your account is used by more than one person, we reserve the right to suspend or terminate or cease to support your account without liability.

We cannot check the identities of people using our Services and will not be liable if your login details are used by someone else. If you become aware of any unauthorised use of your login details, you should notify us immediately here support@gamesmrkt.com though please note that we may need to verify your identity and validate ownership of the account.

Please be alert for other websites and services which may pretend to be us or to be associated with us. If in doubt, please contact us here support@gamesmrkt.com.

If you wish to close your account(s) with any of our Services, please contact us here support@gamesmrkt.com.

You agree to follow the following rules (“the Rules”). You agree that you will not post, distribute, or otherwise make available or transmit any data, text, message, graphic or computer file that we believe:

• is a personal attack on other individuals;
• bullies, stalks or otherwise harasses any other user of our Services;
• is vulgar, obscene, or sexually explicit (language or images);
• is offensive, sexist, racist or discriminatory in any way;
• is a form of cheating;
• encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
• infringes and/or violates any right of a third party including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages our Services or otherwise interferes with any person or entity’s use or enjoyment of the Services;
• engages in antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing”;
• promotes and/or generates money for yourself and/or any third party business activity;
• impersonates any person or entity or misrepresents your identity or affiliation with any person or entity;
• deletes any legal notices, disclaimers, or proprietary notices such as copyright or trademarks, or modify any logos that you do not own or have express permission to modify; or
• does not generally pertain to the designated topic or theme of the Services.

You may be warned, temporarily banned or permanently banned if we think that you have not followed the Rules or if we believe in our sole discretion that you have behaved inappropriately whilst using our Services. In addition, in such circumstances, GamesMrkt is entitled to remove any Virtual Items (including, without limitation, any Coins) from your account. You shall not be entitled to any refund or compensation for any removal of Virtual items.

If you believe that another user is violating these Rules, please let us know here support@gamesmrkt.com. However, we cannot and do not guarantee that other users are or will be complying with these Rules, and we will not be responsible for any other user’s lack of compliance. You and other users are responsible for your own actions.

We reserve the right to remove, or refuse to post, any material that we believe is in violation of these Rules and, if we deem appropriate, to turn this material over to law enforcement officials. We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using our Services in violation of the law.

All of the content and information contained in the Services (including the games) are owned or licensed by us and are protected by intellectual property rights. Examples include, but are not limited to: source and object code, trademarks, logos, graphics, photographs, videos, animations, copyrightable gameplay and texts. In particular, any names, title, logos and designs that contain GamesMrkt are exclusively owned by us.

You are not allowed to use the Services or any of the content or information they contain, or may contain, in any way unless expressly allowed under these Terms or expressly permitted by us. You may not reverse engineer, decompile, disassemble or modify any Services in any way.

You acknowledge that some of the Services may allow you to create your own personalised username and avatar and may also allow you to communicate with other users and post messages, images, text and other material (“User Content”) which can be seen by others.

By posting or making available any User Content through our Services, or by sending any User Content to us, you agree that you have the right and all necessary approvals to use such User Content and that we can use, change or adapt it in any media without any payment or obligation to you or anyone else. You further agree that the availability or publishing of any such User Content as part of our Services will not cause us to infringe the rights of any third party or to be in breach of any applicable law or regulation. Please therefore make sure you do not post any content which may infringe any third party rights. We may need to remove any potentially infringing content without notice. You agree to compensate us for any losses we suffer as a direct result of any breach by you of any of the promises made by you in this paragraph.

We do not guarantee that the Services will always be available or be uninterrupted, timely, secure or free from bugs, viruses, errors or omissions. For example, there may be times when the Services are unavailable due to maintenance or technical problems. We may also change, suspend or discontinue certain Services without giving you prior notice.

We will not be liable for any loss, damage or upset that you suffer as a consequence of any Service becoming temporarily or permanently unavailable.

We (and any third party content provider, or their respective agent), are not responsible for the following types of loss or damage which may arise from your use of the Services:

• temporary, intermittent or permanent connection loss;
• damage to your computer system or loss of data (whether due to a virus or other malicious software or not), except where this is caused by us not using reasonable care and skill;
• loss, damage or upset that you suffer as a consequence of the actions of another user;
• loss or damage which is caused by us when it does not comply with the Terms but which we and you could not anticipate nor expect to happen when you started using the Services;
• any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Services, for instance if you lose revenue or salary, profit, opportunity or reputation; and
• any loss or damage if the Services are not provided to you or are interrupted or suspended or if we do not comply with the Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.

Nothing in the Terms excludes or limits our liability for death or personal injury caused by negligence, or for fraud.

All Services are provided on an ‘as is’ and ‘as available’ basis. We do not make any representation, guarantee or promise in respect of the Services, including, without limitation, any statements made by other users, third parties and/ or advertisers on or via the Services. We may change the Services at any time at our discretion. We may also make different features or promotions in our Services available to different users so your experience of using the Services may not be identical to other users.

We will take reasonable steps to ensure that our Services are free from viruses and other malicious software but we also recommend you use applicable anti-virus software as relevant.

You will also be asked to agree to the relevant app store terms which will apply in addition to these Terms. We suggest that you read these app store terms carefully.

If you download a Service onto your smartphone or tablet, it may offer push notification features. You may accept or refuse these, and can subsequently turn these off by visiting the settings menu on your device.
If you purchase any content through one of our Services via an app, for example Virtual Items, then the relevant app store provider’s terms and conditions applicable to in-app purchases will apply. You acknowledge that any billing and transactions are handled by the app store provider. You should contact the app store provider directly if you have any payment related issues with in-app purchases.

On some pages you may see links to third party websites, advertising or content provided by third parties. These links are provided by third parties and not by us.

We do not endorse any third party website or content which is linked from our Services. Subject to applicable law or regulation, we are not responsible or liable for anything that happens to you or your data when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.

On some pages you may see advertising content provided by third parties. We do not control the advertisements that are placed via our Services. Please report any advert that you find offensive or inappropriate here support@gamesmrkt.com and we will investigate the matter.

If you click on any advert, you will be dealing with external companies responsible for that advert. We are not responsible or liable for anything that happens to you when you visit these third party websites or use third party content. If you visit any third party website, please be aware that it may have its own terms of use, licence agreement and privacy policy which you will need to be aware of.

If you believe that your work is included in any Services and this is violating your intellectual property rights, please advise us immediately here and we will investigate the matter.

By using our Services, you agree to accept and be legally bound by these Terms. If you do not agree with the Terms, you should not access or use our Services.

We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United Kingdom. If you live in England or Wales, the laws of England and Wales will apply.

If we are unable to resolve any disputes between us regarding the delivery of services you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.

The Services are made available for personal and not commercial use. We do permit promotional references to our Services (for example reviews via social media and in blogs) but we do reserve the right to ask you to remove such content or refrain from further action.

You cannot assign, sub-license or otherwise transfer any or all of your rights or obligations under these Terms to any other person.

If any part of these Terms is or becomes invalid, illegal or unenforceable, it shall be amended to the minimum extent necessary to make it valid, legal and enforceable. If that part cannot be amended, it will be deleted. The amendment or deletion of any part of these Terms shall not affect the validity and enforceability of the rest of the Terms.

If we do not enforce any right we have against you, this does not prevent us from enforcing this right at a later date.

A person who is not a party to these Terms does not have any rights under them.

Please use our Web Form available at: support@gamesmrkt.com

The Services are not directed at children. You cannot enter into a binding contract with GamesMrkt. You are under 13 years of age (or under 16, if you are located in the European Economic Area (the “EEA”)), in which case you must not create an Account, use any of our Services, or submit personal information in the Services or to GamesMrkt (for example, your name, address, telephone number, or email address). This prohibition does not apply if, and only if, a GamesMrkt Service has an age-gate that collects age information before allowing a user to proceed and that age-gate allows users who identify themselves as under 13 years of age (or under 16 in the EEA) to use the Service. (As described in our Privacy Policy, in those instances, we will either provide a version of that Service that does not collect, use, or disclose personal information, except where and to the extent permitted by applicable data protection laws, including without limitation the Children’s Online Privacy Protection Act, or obtain legally valid parental consent.)

For some Services you may need to register and should be at least 13 or over (or under 16 in the EEA) to do so. If you help someone who is under 13 (or under 16 in the EEA) to register for or otherwise use any Services you assume full liability for any consequences and that, under no circumstances including, but not limited to, negligence, neither we nor any third party content provider nor their respective agents shall be liable for any direct, indirect, incidental, special or consequential damages arising out of such use.

GamesMrkt Virtual Items Terms and Conditions

Please read these terms and conditions (“Virtual Items Terms”) carefully before purchasing any virtual items, benefits, upgrades, unlockables, cosmetics, skins, gameplay features or coins, cash, tokens or other in-game currency (“Coins”), in each case, available through or otherwise in relation to our Services (together “Virtual Items”). By directly or indirectly purchasing any Virtual Items, you agree to be bound by these Virtual Items Terms and the Terms. These Virtual Items Terms are in addition to the Terms and if there is a conflict between the Virtual Items Terms and the Terms, the Virtual Items Terms shall apply.

These Virtual Items Terms cover your purchase and use of Virtual Items in GamesMrkt games. These Virtual Items Terms do not apply if you are playing a third party game that we host or display on the Website. Please refer to the terms and conditions of that game if you have any queries on Virtual Items made within such game.

Please be aware that a number of our Services have more than one type of in-game currency. If this is the case, there will be different items which can be purchased with each type of in-game currency, and each may be acquired in different ways.

Coins and items can only be used in line with these Virtual Items Terms and within the game account in which they are purchased or otherwise acquired. You acknowledge that certain additional in-game functionality may only be accessible in exchange for Coins.

These Virtual Items Terms also apply if you win or are given any Virtual Items because you have participated in a gameplay feature, competition, survey or marketing campaign.

Some of our games let you buy Virtual Items. You can recognise these games because they have an option to purchase Virtual Items, either in an in-game shop or, in the case of Coins, usually at the top of the specific game playing window. Games may allow you to buy different amounts of Virtual Items and may have temporary offers or sales for Virtual Item purchases.

Please note that when purchasing Virtual Items through one of our games, which you have downloaded from an app store, there may be additional terms and conditions which apply. You may be asked to agree to the app store provider’s own terms and conditions, which will apply in addition to these Virtual Items Terms. We suggest you read app store terms carefully and follow the process provided by the relevant app store.

We do not permit third parties to give or sell Coins and other Virtual Items outside of our games. Accordingly, as a condition to playing our games, you agree not to receive, purchase and/or use Coins or Virtual Items from such third parties. Any unauthorised Coins or Virtual Items that you purchase are subject to forfeiture at any time.

You can buy Virtual Items from us for real money if you are 18 years of age or older or, if you are under 18, have the permission of a parent or guardian. We may ask you to provide the details of your parent or guardian from time to time.

If you want to buy any Virtual Items, please follow the steps set out in the game which you have downloaded. If you experience any difficulties when purchasing Virtual Items, you can contact us here.

Please note the following:

• You may be presented with multiple Virtual Items bundles, with different virtual currency options if applicable, and with different prices and amounts of Virtual Items to choose from. Please select the bundle that you wish to purchase, review this selection and, if you are happy, please proceed to check out. If you are purchasing Virtual Items through the Website, you will automatically be redirected to our third party payment provider website. If you are purchasing Virtual Items through an app, your payment will be processed through the applicable app store and additional app store terms and conditions may apply.
• The price of Virtual Items is as stated at the time you place your order, except in the case of obvious error. We try and ensure that all prices stated are accurate but errors may occur. The price includes value added tax (where applicable).
• We are entitled to change the purchase price for Virtual Items at any time, before you purchase the Virtual Items. At the time of purchase of Virtual Items, you may be offered additional Virtual Items free of charge. These Virtual Items Terms cover such additional Virtual Items offered free of charge. Subject to applicable law and regulation, the price of Virtual Items may vary between users depending on a number of factors including differing exchange rates, territories and legal limitations.
• If you are purchasing Virtual Items through a third party payment provider window, you will be asked to select your preferred payment method. Note that such payment methods are subject to change at the discretion of GamesMrkt and the third party payment provider.
• Please select the payment method that you wish to use by clicking on the relevant icon. By doing so you confirm that you are authorised to use the payment method selected. You will then be asked to provide certain required information to purchase the Virtual Items. If you are paying by credit card please enter the number in full, without spaces or dashes. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your card refuses to authorise payment we will not accept your Virtual Item order and we are not obliged to inform you of the reason for the refusal.
• We are not responsible for your card issuer or bank charging you as a result of the processing of your credit/debit card payment in accordance with your order. Before placing and submitting an order for Virtual Items, you will be provided with details of the terms and conditions of our third party payment provider. You will need to read and accept these terms and conditions before purchasing the Virtual Items through our third party payment provider.
• Please check the accuracy of the payment information that you have provided and correct any mistakes. When you are ready, please click to submit your order. By doing so you: (i) agree to be bound by the Terms and these Virtual Items Terms; (ii) agree to pay for the Virtual Items at the indicated price, and you (iii) confirm that you are permitted to use the payment source that you have provided; and (iv) you authorise our designated payment processor to charge the full amount to the payment source you have identified for the transaction.
• Once you have placed your order, you will receive a confirmation on screen.
• All purchased or allocated Virtual Items will be assigned to the account that is linked with the payment provider through which the purchase or allocation is made. It is your responsibility to ensure that you are logged in to the correct account when making a purchase.
• GamesMrkt does not process payments. A third party payment provider or the app store itself (such as Apple or Google Play Store) handles payments. If you have any issues or problems with payment for a Virtual Item, you should therefore contact the third party payment provider or the app store directly.

You can spend your Coins in order to acquire other Virtual Items within the game within which you purchased the Coins. When you use Coins to acquire another Virtual Item within a game, the relevant amount of Coins will automatically be deducted from your account that is connected with that game.

Other than Coins, the nature and duration of any Virtual Items will vary between and within our games. Some Virtual Items may only be used a limited number of times or only whilst you satisfy certain conditions within the relevant game.

We can at any time, without notifying you, vary the scope, variety and type of Virtual Items. GamesMrkt has no obligation to make, or continue to make, any specific Virtual Item for any game. We may also restrict or vary the type of Virtual Items available to you based on your country of residence.

By buying Virtual Items, you agree not to:

• transfer Virtual Items between accounts or between you and any other person, except for any GamesMrkt authorized and enabled transfers between games;
• transfer or attempt to transfer Virtual Items between two or more accounts in any way; or
• transfer Virtual Items between accounts by any means that attempts to bypass normal playing rules or that is contrary to the general purpose of a game (for example: by using one account to intentionally lose a game to another account for the purpose of transferring credits between the accounts).

Although users may hold more than one account, it is strictly prohibited to use multiple accounts to hold and use Virtual Items in any manner that is contrary to the general purpose of a game. It is strictly prohibited to give, sell or otherwise transfer an account or any Virtual Items to any person.

We may from time to time limit the use of Virtual Items, including applying limits to the number of Virtual Items allocated to your account at any time, and/or the number of Virtual Items usable or redeemable within a given time period.

When you buy Virtual Items, you are buying a limited personal revocable licence to use the Virtual Items. You agree that the Virtual Items do not constitute personal property and Coins are not legal tender or currency of any kind. All Virtual Items purchased by you are non-refundable. No interest is paid or earned on any Coins balance.

GamesMrkt is entitled to expire, withdraw, replace, restrict or otherwise change any Virtual Item at any time.

You have certain rights in respect of the Virtual Items. These include that we have the right to supply the Virtual Items to you and that the Virtual Items will be of satisfactory quality and as described. You have certain legal remedies if we breach any of these rights. Nothing in these Virtual Items Terms is intended to affect these legal rights or other rights to which you may also be entitled.

If we are unable to resolve any disputes between us about your purchase of the Virtual Items or these Virtual Items Terms, you have the right to refer the dispute to the EU’s Online Dispute Resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage

By purchasing Virtual Items from us, you agree that we can transfer them to your account as soon as we can. By agreeing to these terms, each time you click to confirm a purchase, you acknowledge that you expressly consent to the supply of the Virtual Items immediately and acknowledge that you will lose your right to change your mind and cancel such order within the 14-day cooling-off period otherwise provided by law.

We reserve the right to temporarily or permanently ban your account if:

• we or our designated payment processor are unable to verify or authenticate any information (including payment information) you provide in connection with the purchase or use of the relevant Virtual Items;
• we or our designated payment processor are notified of or reasonably suspects any cheating, fraudulent, abusive or other unlawful activity whatsoever in relation to your account, Virtual Items or Coins balance;
• you are otherwise in breach of these Virtual Items Terms, the terms of the third party payment service provider or any other Terms; or
• your account is inactive for a period of 3 years.

If we temporarily or permanently ban your account, we may remove any or all of the Virtual Items in your account. If this happens, you are not entitled to any reimbursement, refund or any other compensation, except at our sole discretion.

It is possible that you have successfully ordered and paid for your Coins, but you may not have received them. Please remember that during busy periods, it can take up to 48 hours before your Virtual Items are assigned to your account.

If you are still having issues receiving your Virtual Items and you have not received them after a short period of time, please let us know by contacting us here.

You are responsible for the security of your account and ensuring that no unauthorised purchases occur on your account. GamesMrkt is not liable for any unauthorised purchases (including fraudulent purchases or purchases made by minors). If you wish to pursue a refund for such purchases, you should contact your bank or the payment provider such as the relevant app store.

We are not responsible for the following types of loss or damage which may arise (and have no obligation to refund for any purchase of Virtual Items):

• damage or loss not caused by our breach of the Virtual Items Terms;
• unauthorised purchases made by persons who have gained access to your account (including, without limitation, minors or unauthorised third parties);
• loss of progress or Virtual Items on your guest account which you can no longer access. We advise you to create a proper account and/or to link your account to Facebook to minimise loss of your account data;
• loss of progress or Virtual Items due to disconnecting your game account from a social media account (such as Google or Facebook);
• loss or liability incurred by you as a result of accidentally entering a match or purchasing a Virtual Item through misclick or other mistake;
• loss of progress or Virtual Items as a result of our decision to terminate a game or remove certain features or supporting services from a game;
• loss or damage which is caused by us when such use does not comply with the Virtual Items Terms but which we and you could not anticipate nor expect to happen when you started using the Virtual Items;
• any loss which is indirect or a side effect of the main loss or damage and which we and you could not anticipate nor expect to happen when you started using the Virtual Items, for instance if you lose revenue or salary, profit, opportunity or reputation; and
• any loss or damage if the Virtual Items are not provided to you are interrupted or suspended or if we do not comply with the Virtual Items Terms because of events beyond our control, such as an act of God, accident, fire, lockout, strike or other official or unofficial labour dispute, civil commotion or other act or event beyond our reasonable control.