Terms of Service

Last Updated: October 26, 2023

Please read these Terms of Service carefully before using Our Service.

1. Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms of Service:

• Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
• Country refers to: Turkey.
• Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Mysia Studios, located in Balikesir, Turkey.
• Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
• Service refers to the Website and any games, applications, or other services provided by the Company, including any content, features, and functionality offered thereon.
• Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
• Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service. (If you integrate any third-party social media, list them or describe their general use here).
• Website refers to Mysia Studios, accessible from [Your Website URL e.g., www.mysiastudios.com].
• You (also referred as "Your") means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

2. Acknowledgment

These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms. If You disagree with any part of these Terms then You may not access the Service.

You represent that You are of legal age in Your jurisdiction to form a binding contract. If You are a minor in Your jurisdiction, You represent that You have obtained consent from Your parent or legal guardian to use the Service and that Your parent or legal guardian has read and agreed to these Terms on Your behalf. Use of the Service by minors is also subject to the consent requirements and age limitations detailed in Our Privacy Policy, particularly concerning data collection and access to certain features. The Company generally does not permit individuals under the age of 13 (or the equivalent minimum age in the relevant jurisdiction if higher, as specified in our Privacy Policy) to use the Service without verifiable parental consent as described in Our Privacy Policy.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use our Games or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

3. Intellectual Property Rights

The Service and its original content (excluding content provided by You or other users), features, and functionality are and will remain the exclusive property of Mysia Studios and its licensors. The Service is protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws of both Turkey and foreign countries.

Our trademarks, logos, and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have our written permission.

4. User Accounts (If Applicable)

If any part of the Service requires You to create an account, You must provide us with current, complete, and accurate information as prompted by the applicable registration form. You are responsible for maintaining the confidentiality of Your account password and for all activities that occur under Your account. You agree to notify Us immediately of any unauthorized use of Your account or any other breach of security. We will not be liable for any loss that You may incur as a result of someone else using Your password or account, either with or without Your knowledge.

5. User Content (If Applicable)

If the Service allows You to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"), You are responsible for the User Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting User Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service. You retain any and all of Your rights to any User Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your User Content available to other users of the Service, who may also use Your User Content subject to these Terms.

You represent and warrant that: (i) the User Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.

6. Prohibited Activities

You agree not to use the Service for any purpose that is illegal or prohibited by these Terms. You agree not to:

• Use the Service in any way that could damage, disable, overburden, or impair the Service or interfere with any other party's use and enjoyment of the Service.
• Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means.
• Use the Service to distribute spam, unsolicited messages, or to collect personal information about users without their consent.
• Upload or transmit viruses, worms, Trojan horses, or other malicious code.
• Violate any applicable laws or regulations.

7. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

8. Termination

We may terminate or suspend Your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your account (if applicable), You may simply discontinue using the Service, or contact us to request account deletion where this functionality is provided.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity and limitations of liability.

9. Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the twelve (12) months preceding the event giving rise to the claim, or [Specify Liability Cap, e.g., 100 USD or equivalent in TRY] if You haven't purchased anything through the Service. **(Please consult a legal professional to determine an appropriate and enforceable liability cap for your jurisdiction and business model).**

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some jurisdictions (including Turkey in some cases) do not allow the exclusion of certain implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply or may be applied differently. In these jurisdictions, each party's liability will be limited to the greatest extent permitted by law.

10. "AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice.

Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the Company's providers makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

11. Governing Law

The laws of Turkey, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.

12. Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company at [email protected]. If a dispute cannot be resolved informally within sixty (60) days, You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought exclusively in the competent courts located in Balikesir, Turkey, and You consent to the personal jurisdiction of such courts.

13. For European Union (EU) Users

If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Furthermore, for EU consumers, an online dispute resolution platform is provided by the European Commission, accessible at https://ec.europa.eu/consumers/odr. The Company is not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.

14. United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties. These representations and warranties are essential for compliance with U.S. export control laws and regulations.

15. Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

16. Translation Interpretation

These Terms of Service may have been translated if We have made them available to You on Our Service. You agree that the original English text shall prevail in the case of a dispute.

17. Changes to These Terms of Service

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material, We will make reasonable efforts to provide at least thirty (30) days' notice prior to any new terms taking effect, for instance by posting a notice on Our Website or by sending an email to the address associated with Your account, if any. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the Website and the Service.

18. Contact Us

If you have any questions about these Terms of Service, please contact us:

Mysia Studios
Balikesir, Turkey
[email protected]