Effective Date: 01/01/2020
The terms of this Agreement govern the relationship between you and Omnio Oyun Yazılım ve Pazarlama 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, “Omnio”) and applies to your access to and use of the platforms, contents and/or any services related to contents that are made available by Omnio on the Apple App Store, Google Play App Store and other channels, as applicable .
Omnio 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 Omnio content, either through simply visiting the platforms, creating a Omnio user account (“account” or “user account”), or using any content provided through Omnio.
This Agreement hereby determines the obligations and rights of the Parties for the interactions between Omnio and user on any Omnio game and/or content including but not limited to his/her purchases offered through the platform.
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 Omnio. 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 Omnio and the third parties in relation in addition to any legal and criminal liabilities. Omnio 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 Omnio; (ix) plan or engage in any illegal activity; (x) bypass our robot exclusion headers or any technical measures which we use for providing Omnio account(s) or content, or imposing an unreasonable or disproportionately large load on infrastructure of Omnio or its contractors; (xi) using any robot, spider, or other automated means to access Omnio account(s) or content for any purpose; (xii) probing, scanning, or testing for vulnerabilities in Omnio 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 Omnio and its contractors or payment system providers for the same transaction; (xiv) selling, trading or commercialising Omnio 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 Omnio account(s) or content; (xvi) sharing/publishing any content contrary to law or ethics through platforms provided on Omnio 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 Omnio (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 can make the payment for the Omnio 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 Omnio, at its sole discretion. Omnio 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. Omnio 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 for 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 Omnio. These methods are not universal crypto currencies such as bitcoin, etherium etc. and may only be used in the Omnio account(s) for purchasing the goods and services provided by Omnio. 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 Omnio 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. Omnio 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. Omnio 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 Omnio game(s), game items, any Omnio goods or services, the transaction is made between your device and that of the relevant payment system provider, through Omnio’s interface. You agree that Omnio 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 Omnio. 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 Omnio content or product(s) are not free, Omnio 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 Omnio content. The Turkish or European Union or other VAT tax amounts collected by Omnio reflect VAT due on the value of any content and services.
Limitation of Liability
IN NO EVENT Omnio 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 Omnio HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, USER FURTHER AGREES TO LIMIT Omnio’S LIABILITY TO THE SUM OF THE AMOUNT PAID TO Omnio 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.
Third Party Services
Omnio 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 Omnio’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 to 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 Omnio. In case of any assignment in accordance with this Section, the assignee will replace the user. Omnio 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 Omnio 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 Omnio has given a notice of a change of address by changing its address published on the Omnio platforms or in other ways. E-mail address: email@example.com Address: Abdurrahman Nafiz Gürman Mah. General Ali Rıza Gürcan Cad. Platform Merter Ofis 27/45 34173 Güngören İstanbul/TURKEY 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 Omnio 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. Omnio 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 Omnio; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.