Effective Date: 25.05.2018
The terms of this Agreement govern the relationship between you and Creasaur Teknoloji Ticaret Anonim Sirketi, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “Creasaur”) and applies to your access to and use of the platforms, contents and/or any services related to contents that are made available by Creasaur on the Apple App Store, Google Play App Store and other channels, as applicable .
Creasaur and User shall be referred to as “Party” individually and “Parties” together.
The terms “user” and “you” shall refer to the natural or legal persons who use Creasaur content, either through simply visiting the platforms, creating a Creasaur user account (“account” or “user account”), or using any content provided through Creasaur.
This Agreement hereby determines the obligations and rights of the Parties for the interactions between Creasaur and user on any Creasaur game and/or content including but not limited to his/her purchases offered through the platform.
3. USER ACCOUNT
Creasaur game and / or content are designed for your personal use. You may not share your account information, especially your private password, to any third person, may they be family, friends or other persons. Neither the user nor any third person will be entitled to bring any claims or complaints against Creasaur for such unauthorized use. Third persons using the user’s account are not deemed to have any right under this Agreement, however they will be obliged to comply with all obligations of the user under this Agreement.
In the event that you spot an unauthorized access to your account, you should immediately notify us for we can take the necessary security measures in order to secure your account. During this process, Creasaur may request you to answer certain questions in order to make sure that you are the legitimate owner of the account in question.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO THE ACCOUNT ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF CREASAUR.
4. GENERAL TERMS
Users shall not use their accounts in a way that would infringe the intellectual property rights of us or third parties that are in contractual relationship with Creasaur.
All user accounts must be used in accordance with this Agreement and applicable law. Including but not limited, the following acts by the user shall be considered as violation of this Agreement and user shall be solely responsible from any harm, loss or claim that such actions have caused to Creasaur and the third parties in relation in addition to any legal and criminal liabilities. Creasaur may also, without prejudice to any of its rights and claims, suspend or revoke your account temporarily or permanently without any notice to you.
(i) create or use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the service, any game or any game experience;
(ii) exploit the service, a game or any part thereof for any commercial purpose;
(iii) buy or sell for real money or in exchange for in-game currency, items or resources without the consent of the third party that owns the services or products offered;
(iv) buy or sell user account;
(v)use any unauthorized third-party software that intercepts, "mines", or otherwise collects information from or through any service or product, including without limitation any software that reads areas of RAM used by any service or product to store information about a character or a digital environment;
(vi) modify or cause to be modified any files that are a part of any service or product in any way not expressly authorized by the third parties who are the owner of the related services or products.
(vii) facilitate, create or maintain any unauthorized connection to any service or product, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, service or product; and (b) any connection using programs or tools not expressly approved by Creasaur;
(ix) plan or engage in any illegal activity;
(x) bypass our robot exclusion headers or any technical measures which we use for providing Creasaur account(s) or content, or imposing an unreasonable or disproportionately large load on infrastructure of Creasaur or its contractors;
(xi) using any robot, spider, or other automated means to access Creasaur account(s) or content for any purpose;
(xii) probing, scanning, or testing for vulnerabilities in Creasaur account(s) or content (including but not limited to any system, network, policy, security component, authentication or protection measure);
(xiii) undertaking any action which could amount to unjust enrichment by receiving funds from both Creasaur and its contractors or payment system providers for the same transaction;
(xiv) selling, trading or commercialising Creasaur account(s) or content (or any part thereof) for any purpose;
(xv) sharing/publishing advertisements or any other content for advertising purposes through platforms provided by Creasaur account(s) or content;
(xvi) sharing/publishing any content contrary to law or ethics through platforms provided on Creasaur account(s) or content, particularly sharing/publishing any content assaulting or disturbing third parties, minorities or any other part of the society, using slang, impolite, or threatening language either implicitly or explicitly;
(xvii) pretending to be anyone, or any entity, or otherwise misrepresenting yourself;
(xviii) controlling an account linked to another account which has breached any provision of this Agreement;
(xix) engaging in any copyright infringement or other intellectual property infringement;
(xx) providing/disseminating false, inaccurate, misleading, or defamatory information pertaining to Creasaur (including without limitation its employees, representatives, shareholders and any contractors) or content;
(xxi) taking any action that may cause us to lose any of the services from our internet service providers, contractors, payment system providers, solution partners and other suppliers.
You may download content and establish an account only if you are a “natural person” and 13 (thirteen) years of age or older. Note that certain features of the services, or games playable on the service, may not be available to minors. Corporations, partnerships and other legal or business entities may not download the content and/or establish an account. Individuals prohibited by Creasaur from using the service or content may not download game or create or use an account. By accepting this Agreement, you hereby represent and warrant that you meet these eligibility requirements. If at any time Creasaur becomes aware that you have registered an account without meeting the foregoing requirements, Creasaur reserves the right to suspend, terminate and/or delete the account.
We do not guarantee or warrant the availability of content or products or services offered on the game(s), on a continuous or uninterrupted basis. Creasaur game(s) and/or content may be inaccessible, or inoperable for any reason including, but not limited to, maintenance, repairs, replacements, new features, equipment/system malfunctions, technical problems, or causes beyond our reasonable control or that are not reasonably foreseeable.
Furthermore, Creasaur reserves the right to deny, suspend, lock, modify or revoke access to Creasaur account(s) or content or take other necessary technical measures for any reason, including but not limited to the followings:
(i) to enforce, and prevent actual or possible breaches of, this Agreement and applicable law,
(ii) to protect the integrity, stability, reputation and trustworthiness of Creasaur account(s) and Content,
(iii) to defend against any legal action or threatened legal action, regardless of whether such legal action is eventually determined to be with or without merit, or to avoid any civil or criminal liability,
(iv) to carry out the orders of courts or administrative bodies.
You agree and represent that Creasaur will not have any liability for Creasaur account(s) or content not being accessible or working due to any reason.
6. ORDERING AND PURCHASING OVER CREASAUR
Creasaur is an online mobile game developer and/or publisher, through which mobile applications and devices such as digital mobile games, steam codes and similar digital gaming items, as applicable, (“product(s)”) are offered and sold to users.
The purchases done by the user via platforms or other related online stores are subject to the approval of Creasaur. Products purchased from Creasaur are not physically delivered.
Please be aware that the orders you validly place through the platforms or other related online stores or Creasaur account(s) are legally to purchase the related product or service. However, you will be granted an opportunity to review your order to check and correct any mistakes before you complete your order. Upon the receipt of a valid order, Creasaur or related online store will send an e-mail to your email account to confirm the receipt of your order. This e-mail does not mean that we have accepted your order, but only serves for confirmation purpose.
Please not that in any conflict or claim with the purchased product arises, Creasaur does not have a burden of proof with regards to non-liability thus the burden of proof rests with the supplier of the digital content directly.
Creasaur reserves the right to refuse an order including but not limited to the following reasons;
(i) the ordered product or service is out of stock or otherwise temporarily or permanently unavailable,
(ii) if it is not possible to complete the download or sale for any reason,
(iii) if the information provided by you to your account or for downloading or billing is not accurate,
(iv) if your account falls under the accounts that require suspension or restriction,
(v) the downloading or payment system provider is unreachable for any reason,
(vi) if there is any other reasons for the refusal of the order under this Agreement or applicable law or pursuant to the principle of equity.
You can make the payment for the Creasaur content(s) or product by using any of payment methods available at that moment, such as credit card, debit card, mobile payment methods and other payment options, as applicable. We have the right to refuse payments made via specific payment methods due to technical difficulties or any other reason. Available payment methods and applicable terms and conditions (e.g., technical and procedural rules) to each of them shall be determined by Creasaur, at its sole discretion. Creasaur shall have the right to change the scope and features of available payment methods and applicable terms and conditions at any time, without prior notice.
User is solely responsible from abiding the terms and conditions of the payment method chosen. Creasaur cannot be held responsible for any payment that is, or could not be, made through user account.
If you use a service provider and provide a personal or any other data for the payment of the purchased content, you acknowledge and agree that you are the sole responsible from the accuracy, completeness of this data and any other material or non-material issues, losses, damages, etc. rising from this data or its transaction.
Virtual in-game currencies such as coins, cash and/or diamonds may not grant you the ability to purchase every virtual in-game item from Creasaur. These methods are not universal crypto currencies such as bitcoin, etherium etc. and may only be used in the Creasaur account(s) for purchasing the goods and services provided by Creasaur. Virtual in-game currencies will vanish in 1 year starting from the day of delivery. After the expiration of the 1 year period, you cannot activate or otherwise use virtual in-game currencies for making payments on Creasaur account(s) or related online stores. However, in the event that you have a justified and acceptable reason for not using virtual in-game currencies within their lifetime, you can send a written request of activation to us, which must include (i) your identity and user information, (ii) the date on which virtual in-game currencies are delivered to your acquisition, (iii) the quantity of virtual in-game currencies, and (iv) your reasons along with supporting documents/information. Creasaur has sole discretion over accepting your requests. You hereby agree not to transfer, sell, lend, rent or otherwise dispose of game accounts, virtual in-game items, virtual in-game currencies other than their permitted use under this Agreement. Creasaur will be entitled to change the purpose, scope and lifetime of the delivered all in-game items, accounts, virtual in-game currencies at any time without prior notice.
When you use a payment method to make payment for Creasaur game(s), game items, any Creasaur goods or services, the transaction is made between your device and that of the relevant payment system provider, through Creasaur’s interface. You agree that Creasaur will not be responsible for the services, systems, infrastructure and acts of the payment system provider, the completion of the payment transaction or any matter between you and the payment system provider. Any claims, complaints or disputes arising out of or in connection with any transaction between you and the payment system provider cannot be brought against Creasaur.
We use secure transaction technology for encryption of your payment device(s) information. Such encryption technology reasonably mitigates the risk of your card information obtained by unauthorized third parties. We also do not store your payments device(s) information where you use credit card or online POS device to make a payment.
If your download or use of Creasaur content or product(s) are not free, Creasaur may also charge you taxes or other expenses, in addition to the fee of the content or service. You are also responsible for any fees, including internet connection or mobile fees that you incur when accessing the platforms or using Creasaur content. The Turkish or European Union or other VAT tax amounts collected by Creasaur reflect VAT due on the value of any content and services.
8. INTELLECTUAL PROPERTY
All platforms, game(s) and content of Creasaur account(s) and/or products, including without limitation the text, graphics, user interfaces, visual interfaces, software, scripts, source code, API, photos, sounds, music, videos, interactive features, trademarks, logos and their arrangement are either owned by or under the protection of Creasaur, and are protected by applicable intellectual property and/or other applicable law.
You hereby agree not to copy, modify, lend, sell, rent, license, download, process, reproduce, distribute, transmit, broadcast, display, create derivative works from, or exploit the content for any purposes.
Neither any provision of this Agreement nor the purchase of any Creasaur product transfer the ownership of any content to you, or grant you any other right or license on the content. The purchase of a product may only entitle you to use the content contained therein within the limits of personal use and good faith.
Some content or product may be served for only a period of time. Hence, you agree, accept and undertake not to use, maintain, access, copy, distribute, share, disclose or make this content available to third persons in any way after the termination of this period. If so, even if the content or product remains on the Creasaur game(s) or account(s) after its duration, you are the sole responsible from these actions.
THE CONTENT OR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT. CREASAUR DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
CREASAUR DOES NOT HAVE ANY RESPONSIBILITY REGARDING THE INTEGRATION OF THE CONTENT PROVIDED BY THE RELATED ONLINE STORES OR INDIVIDUAL SUPPLIERS AND CREASAUR MAY NOT BE HELD RESPONSIBLE FOR (I) LACK OF INTEGRATION OF THE DOWNLOADED CONTENT AND (II) INABILITY OF THE HARDWARE TO EXECUTE, RUN OR PROCESS IN ANY OTHER METHODS WHATSOEVER, THE INSTALLED CONTENT OR SERVICE.
SOME CONTENT OF CREASAUR MAY REQUIRE A SUBSCRIPTION IN ORDER TO BE AVAILABLE FOR USE. SHOULD YOU DOWNLOAD OR PURCHASE SUCH CONTENT, YOU AGREE NOT TO HOLD CREASAUR LIABLE TOWARDS ANY AND ALL ISSUES ARISING FROM THIS SUBSCRIPTION. FURTHERMORE, CREASAUR IS NOT RESPONSIBLE FROM ANY AND ALL ISSUES ARISING FROM THE SUBSCRIPTION UNDER THE RELEVANT LAWS AND REGULATIONS.
10. LIMITATION OF LIABILITY
IN NO EVENT CREASAUR SHALL BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF, OR IN CONNECTION WITH THIS AGREEMENT, ON ANY BASIS OR CAUSE OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACTUAL, TORT OR CARE LIABILITY, EVEN IF CREASAUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, USER FURTHER AGREES TO LIMIT CREASAUR’S LIABILITY TO THE SUM OF THE AMOUNT PAID TO CREASAUR FOR THE PRODUCT(S) PURCHASED IN THE PRECEEDING 6 (SIX) MONTH PERIOD. THIS LIMITATION SHALL APPLY REGARDLESS OF THE CAUSE OF ACTION OR LEGAL THEORY PLED OR ASSERTED.
11. THIRD PARTY FEATURES
If you have registered a “Facebook Account” you may opt-in to the “Facebook Friends” feature which will allow you to see which of your Facebook friends are registered on the service. The “Facebook Account” is subject to separate terms and conditions provided by Facebook Inc. Note that if you have a Facebook account, your Facebook friends will be able to associate your screen name with your real name on the service when they use the Facebook Friends feature. Facebook disclaims all liability it may otherwise incur as a result of this Agreement and/or your use of the service.
Updates will, in principle, be made by posting the updated terms and conditions on Creasaur account(s) or through platforms, and will immediately take effect as of such date. However, some updates may be brought to your attention in other ways (e.g., pop-ups appeared during your use of the product), and take effect immediately as of that date. By continuing to access or use Creasaur content or the products after updates being made, you agree to be bound by the revised versions and updates. It is solely your responsibility to watch out any updates.
13. FORCE MAJEURE
Creasaur shall not be responsible for any failure to perform any obligation or provide service hereunder because of any act of God, strike, work stoppage, any law, order, governmental acts, directives, resolutions or practices of local or foreign authorities, terrorist acts, fire, flood, earthquake, war, riot, or civil commotion, malfunction in equipment, internet connection, infrastructure or any facilities or any shortages, or forces beyond Creasaur’s reasonable control.
If any term, condition or provision of this Agreement shall be held to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall not affect the validity, legality or enforceability of the other provisions of, or any other documents referred to in this Agreement. Parties shall use all reasonable efforts to agree any substitute provisions for the invalid or unlawful provision having, as close as practicable, the same commercial effect.
The User cannot assign his/her rights or obligations under this Agreement to any third party without the prior written consent of Creasaur. In case of any assignment in accordance with this Section, the assignee will replaces the User.
Creasaur is free to transfer this Agreement or any of its rights or powers or debts or obligations provided under this Agreement, wholly or partially to any third party.
Unless otherwise provided under this Agreement, any notice or other communication required or permitted to be delivered to Creasaur under this Agreement shall be in writing and in the English or Turkish language and shall be deemed properly delivered when received, with evidence of receipt during business days, to the contact information set forth below, unless Creasaur has given a notice of a change of address by changing its address published on the Creasaur platforms or in other ways.
E-mail address : [email protected]
Phone number : +903122661676
Address : Üniversiteler Mah. 1605. Cad. Bilkent Cyberpark E Blok No: 3/A Çankaya Ankara/TÜRKİYE
17. RELATIONSHIP OF THE PARTIES
Nothing in this Agreement shall be construed as creating an employer-employee or agency relationship, a partnership or a joint venture between the Parties.
No failure or delay on the part of Creasaur in exercising any power, right, privilege or remedy under this Agreement shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. Creasaur shall not be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of Creasaur; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
19. CONCLUSIVE EVIDENCE
Parties agree that commercial books of Creasaur, and any other electronic records produced by Creasaur system shall be deemed as conclusive evidence in any dispute between the Parties.
20. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey.
Any claim, controversy or dispute arising out of or in connection with this Agreement shall be exclusively submitted to Ankara courts and execution offices.