1.1Parties and Agreement. These Terms of Service (“Terms”) constitute a
legally
binding agreement between you (the “User” or “you”) and Gnarly
Oyun Teknolojileri Anonim Şirketi (“we,” “us,” or “Gnarly”),
regarding your use of our games, websites, mobile applications, and related
services (collectively, the “Services”). By accessing, installing, or
using our Services, you agree to be bound by these Terms and our Privacy
Policy, which is incorporated herein by reference.
1.2Acceptance. By
clicking a button indicating your acceptance, or by downloading, installing, accessing,
or using the Services, you acknowledge that you have read, understood, and
agree to be bound by these Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU
MUST NOT INSTALL, USE, OR OTHERWISE ACCESS OUR SERVICES.
1.3Eligibility and Age Restrictions. You represent that you are at least 13 years old
(or 16 years old
if you reside in the EEA). If you are between the relevant minimum age and the
age of majority in your jurisdiction (a "Minor"), you represent that
your parent or legal guardian has reviewed and agreed to these Terms on your
behalf. You are responsible for any unauthorized use of the Service by minors
in your care.
1.4Updates to Terms.
We reserve the right to modify these Terms at any time. We will provide notice
of such changes by posting the updated Terms within the Service or on our
website. Your continued use of the Services following the posting of changes
constitutes your acceptance of such changes.
2.LICENSE AND INTELLECTUAL PROPERTY
2.1Limited License.
Subject to your agreement and continuing compliance with these Terms, we grant
you a non-exclusive, non-transferable, non-sublicensable, revocable, and
limited right to access and use our Services for your personal and
non-commercial entertainment purposes. You agree not to use the Services for
any other purpose.
2.2Intellectual Property Rights. You acknowledge and agree that all rights, title,
and interest in
and to our Services are owned by or licensed to Gnarly. This includes, but is
not limited to, computer code, titles, objects, artifacts, characters, character
names, stories, dialogue, catchphrases, concepts, artwork, animations, sounds,
musical compositions, audio-visual effects, methods of operation, moral rights,
documentation, in-game chat transcripts, character profile information, and
server software. The Services are licensed to you, not sold. You acknowledge
that you have no property rights whatsoever in our Services, including any
Virtual Items or Game currency.
2.3No Ownership of Account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU
ACKNOWLEDGE
AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN THE
ACCOUNT. 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 GNARLY.
2.4User Content License. "User Content" means any communications, images,
sounds,
and all material, data, and information that you upload or transmit through our
Services. By transmitting or submitting any User Content, you hereby grant
Gnarly an irrevocable, perpetual, transferable, fully paid-up, royalty-free,
worldwide license (including the right to sublicense) to use, copy, reproduce,
modify, create derivative works from, adapt, publish, and distribute your User
Content in any way and for any purpose.
2.5License Limitations. Any use of the Service in violation of these License
Limitations
is strictly prohibited and may result in the immediate revocation of your
limited license and liability for violations of law. You agree that you will
not:
2.5.1reverse engineer, decompile, disassemble,
decipher, or otherwise attempt to derive the source code for any underlying
software or other intellectual property used to provide the Service;
2.5.2modify or cause to be modified any files that
are a part of the Service without Gnarly’s express written consent;
2.5.3use any third-party software (bots, spiders,
crawlers) to collect information from or through the Service; or
2.5.4copy, distribute, or make available any part of
the Service to any third party (e.g., via a network or file-sharing service)
except as permitted by these Terms.
3.USER CONDUCT AND OBLIGATIONS
3.1General Compliance. You agree that you will strictly comply with all applicable
laws,
regulations, and third-party rights in connection with your use of the
Services. You may not use our Services for any purpose that is illegal or
prohibited by these Terms.
3.2Prohibited Conduct. You agree that you will not, under any circumstances:
3.2.1Toxic Behaviour: Engage in any act that is
abusive, threatening, obscene, defamatory, libellous, or racially, sexually,
religiously, or otherwise objectionable or offensive. This includes ongoing
toxic behaviour, harassment, or bullying of other users or Gnarly employees.
3.2.2Cheating and Unauthorized Software: Use, design,
or assist in the creation of cheats, exploits, automation software, emulators,
bots, hacks, mods, or any unauthorized third-party software designed to modify
or interfere with the Service or any Gnarly game experience.
3.2.3Network Abuse: Disrupt, overburden, or aid in
the disruption of any computer or server used to offer the Service (e.g., DDoS
attacks), or institute any attack including the distribution of viruses or
malware.
3.2.4Game Integrity and Win Trading: Disrupt the
normal flow of the game or act in a manner that negatively affects other
players' experience, including "win trading," manipulating rankings,
taking advantage of errors in the Service to gain an unfair edge, or using the
Service for gambling or betting.
3.2.5Account Trafficking: Sell, rent, lease, give
away, or trade your Account, or use the Account for commercial purposes (such
as advertising, soliciting, or spamming).
3.2.6Data Mining and Phishing: Attempt to gain
unauthorized access to other users’ Accounts, solicit login information, or
harvest/collect private information (including personally identifiable information)
from other users.
3.3You agree not to engage in any act that Gnarly
deems to be in conflict with the spirit or intent of the Service. We reserve
the right to determine what conduct we consider to be in violation of these
Terms or otherwise outside the intent or spirit of our Services. We reserve the
right to take action as a result, which may include terminating your Account
and prohibiting you from using the Service in whole or in part, without prior
notice.
4.VIRTUAL ITEMS, FEES, AND PURCHASES
4.1Virtual Items.
Our Services may include virtual currencies (e.g., gems, coins) and virtual
items (collectively, “Virtual Items”). You acknowledge and agree that you have
no ownership or other property interest in any Virtual Items, regardless of any
consideration paid. Virtual Items have no monetary value and cannot be redeemed
for “real world” money or anything of value from us or any third party.
4.2Limited License.
We grant you a limited, personal, non-transferable, non-sublicensable,
revocable license to use Virtual Items solely within the Services for your
personal entertainment. We reserve the right to manage, regulate, control,
modify, or eliminate Virtual Items at any time, with or without notice. Gnarly
shall have no liability to you or any third party in the event that we exercise
any such rights.
4.3Purchases and Fees. You agree to pay all fees and applicable taxes incurred by you
or
anyone using an Account registered to you. Gnarly may revise the pricing for
the Virtual Items offered through the Service at any time. You are only allowed
to purchase Virtual Items from us or our authorized partners through the
Service, and not in any other way.
4.4No Refunds and Finality. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE
THROUGH THE
SERVICE ARE FINAL AND NON-REFUNDABLE. You acknowledge that Gnarly is not
required to provide a refund for any reason, and that you will not receive
money or other compensation for unused Virtual Items when an Account is closed,
whether such closure was voluntary or involuntary.
4.5Waiver of Withdrawal Rights (EEA/UK Users). If you reside in the European Economic
Area (EEA) or the United
Kingdom, you generally have a statutory right to withdraw from online purchase
contracts. However, by clicking the purchase button, you expressly consent that
the supply of the digital content (Virtual Items) begins immediately, and you
acknowledge that you thereby lose your statutory right of withdrawal once the
performance has begun.
4.6Unauthorized Transfers. The transfer of Virtual Items is prohibited except where
expressly
authorized in the Service. You shall not sell, purchase, redeem, or otherwise
transfer Virtual Items to any person or entity (including selling accounts on
third-party websites), and any attempt to do so is a violation of these Terms
that may result in the immediate termination of your Account.
5.ACCOUNT TERMINATION AND SUSPENSION
5.1Termination by Us.
We reserve the right to limit, suspend, terminate, modify, or delete your
Account or your access to the Service, in whole or in part, at any time and for
any reason, with or without notice to you. This includes, but is not limited
to, situations where:
5.1.1You violate these Terms or the spirit or intent
of the Service;
5.1.2We suspect actual or attempted illegal activity,
improper use, or fraud; or
5.1.3We stop offering the Service or a particular
game in your region. YOU ACKNOWLEDGE THAT WE ARE NOT REQUIRED TO PROVIDE YOU
WITH NOTICE BEFORE TERMINATING OR SUSPENDING YOUR ACCOUNT.
5.2Consequences of Termination. Upon termination of your Account for any reason
(whether by you or
us):
5.2.1your license to use the Service and any Virtual
Items will immediately cease;
5.2.2you will not receive any refund, money, or other
compensation for unused Virtual Items, subscriptions, or other account data;
and
5.2.3you may lose your username and persona within
the Service. We assume no liability for any loss of data or Game progression
resulting from termination.
5.3Termination for Inactivity. To manage our storage resources, Gnarly reserves the
right to
terminate and permanently delete any Account that has been inactive for a
period of 365 days (1 year). We are not responsible for any loss of Virtual
Items or progress resulting from such deletion.
5.4Termination by You. You may terminate your Account at any time by using the
in-game
settings or contacting support. Termination of your Account will result in the
immediate forfeiture of all Virtual Items and game progress.
5.5Survival. All
provisions of these Terms which by their nature should survive termination
shall survive, including, without limitation, ownership provisions, warranty
disclaimers, indemnity, and dispute resolution provisions.
6.DISCLAIMERS AND LIMITATION OF LIABILITY
6.1Disclaimer of Warranties (Service Provided
“As Is”). TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE SERVICE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE”
BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND GNARLY HEREBY
DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICE, EITHER
EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, OR VIRUS-FREE.
6.2Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL
GNARLY
BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES
WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF
DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR USE OR INABILITY TO USE THE
SERVICE.
6.3Liability Cap (6 Months). TO THE EXTENT NOT PROHIBITED BY LAW, GNARLY’S AGGREGATE
LIABILITY
TO YOU SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO GNARLY IN ACCORDANCE WITH
THESE TERMS IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU
FIRST ASSERT A CLAIM. IF YOU HAVE NOT PAID ANYTHING DURING SUCH TIME PERIOD,
YOUR SOLE REMEDY IS TO CEASE USING THE SERVICE.
6.4Indemnification.
You agree to indemnify, defend, and hold Gnarly (and our officers, directors,
agents, and employees) harmless from any claim, demand, damages, or other
losses, including reasonable attorneys’ fees, asserted by any third party
resulting from or arising out of your use of the Service, or any breach by you
of these Terms. This indemnification obligation does not apply if the
infringement of rights is not attributable to your intentional or negligent
behaviour.
7.DISPUTE RESOLUTION AND GOVERNING LAW
7.1Amicable Resolution. For any dispute, you agree to first contact us at
info@gnarlyteam.com and attempt to resolve the dispute with us informally. We
will try to resolve the dispute with you directly. If we cannot resolve the
dispute within thirty (30) days of receipt of your initial notice, either party
may pursue formal proceedings as described below.
7.2Governing Law. These
Terms and any Dispute arising out of or in connection with them shall be
governed by and construed in accordance with the laws of the Republic of
Türkiye.
7.3Jurisdiction. You
and Gnarly agree that the exclusive jurisdiction and venue for any Dispute
shall be the courts and execution offices of İstanbul (Çağlayan), Türkiye. You
hereby consent and submit to the personal and exclusive jurisdiction of such
courts for the purposes of litigating any such Dispute.
8.MISCELLANEOUS
8.1Assignment.
Gnarly may assign or delegate these Terms and/or the Privacy Policy, in whole
or in part, to any person or entity at any time with or without your consent.
You may not assign or delegate any rights or obligations under the Terms of
Service or Privacy Policy without Gnarly’s prior written consent, and any
unauthorized assignment and delegation by you is ineffective.
8.2Severability. If
any provision of these Terms is held to be unenforceable or invalid by a court
of competent jurisdiction, such provision will be enforced to the maximum
extent possible, and the remaining provisions of these Terms will remain in
full force and effect.
8.3Force Majeure.
Gnarly shall not be liable for any delay or failure to perform resulting from
causes outside its reasonable control, including without limitation acts of
God, war, terrorism, riots, embargoes, acts of civil or military authorities,
fire, floods, accidents, strikes, shortages of transportation facilities, fuel,
energy, labor or materials, or failures of the internet or telecommunications
infrastructure.
8.4Entire Agreement.
These Terms, together with our Privacy Policy and any other rules or
instructions posted on the Service, constitute the entire agreement between you
and Gnarly relating to the Service and supersede all prior or contemporaneous
understandings regarding such subject matter.
8.5No Waiver. The
failure of Gnarly to require or enforce strict performance by you of any
provision of these Terms or the Privacy Policy or failure to exercise any right
under them shall not be construed as a waiver or relinquishment of Gnarly's
right to assert or rely upon any such provision or right in that or any other
instance.
8.6Equitable Remedies. You acknowledge that the rights granted and obligations made
under
these Terms to Gnarly are of a unique and irreplaceable nature, the loss of
which shall irreparably harm Gnarly and which cannot be replaced by monetary
damages alone so that Gnarly shall be entitled to injunctive or other equitable
relief (without the obligations of posting any bond or surety or proof of
damages) in the event of any breach or anticipatory breach by you.
8.7Updates to Terms.
We reserve the right to modify these Terms at any time. If we make material
changes, we will notify you by posting the updated Terms on our website or
within the Service. Your continued use of the Services after such changes
become effective constitutes your acceptance of the new Terms. If you do not
agree to the new Terms, you must stop using the Service immediately.
8.8Contact Information. If you have any questions concerning these Terms or the
Service,
please contact us at: GNARLY OYUN TEKNOLOJİLERİ ANONİM ŞİRKETİ