These Terms of Service (“Agreement”) are concluded between the following parties:
a. Residing at the address, Altunizade Mah. Ord. Prof. Fahrettin Kerim Gökay Cad. No: 35 İç Kapı No: 1 Üsküdar/ İstanbul, JOLLIFY OYUN YAZILIM VE PAZARLAMA A.Ş. (“JOLLIFY GAMES”)
b. User (“User”).
This agreement is arranged for the User to benefit from the Services offered by Jollify Games through its Games and Websites.
2.1. User: Refers to the natural and legal persons who register according to the methods determined by Jollify Games and benefit from the products and services offered through the Application and the Website, within the scope of the terms of this agreement.
2.2. User Account: Refers to the User-specific pages that can be accessed by the User, where the User enters his personal information and information requested from him in order to benefit from the Services available on the Application and Website, where he can perform the transactions provided.
2.3. User Content: means all content that a user uploads, distributes or otherwise makes available through any Game.
2.4. Website: refers to the website named Jollify Games, which is owned by Jollify Games and on which Jollify offers the Services determined by these Terms of Service, and mobile applications belonging to Jollify (mobile application also includes the mobile site).
2.5. Application: The mobile application named Jollify Games refers to the mobile application software running on all mobile devices and the services provided in the virtual environment within the scope of this application.
2.6. Service: Refers to the activities offered by Jollify Games in order to enable users to perform the business and transactions defined within the framework of this Agreement.
2.7. Message(s): mean messages that Jollify Games will send to Users for marketing, research, informational etc. purposes, and that Users allow to be sent to them by Jollify Games and its business partners when logging into the mobile application.
2.8. Forum: It is the area where one-to-one messaging can be made, messaging content is available, and other mobile game and mobile application users, including but not limited to electronic invitation cards, communicate through the Services.
2.9. Virtual Products: It refers to all kinds of paid or free visual elements, games, and all paid or free services offered within the application.
2.10. Virtual Currency: Refers to the Virtual Items that the user will use to purchase Virtual products and play games within the application, determined by Jollify Games, and which can be purchased with real money in the Market section of the Application.
3. The Subject of the Agreement
3.1. These Terms of Service, including Jollify Games' Websites (each a "Website"), Games, forums, blogs, and other online and offline offerings (collectively our "Services"), determines the terms of the relationship between Jollify Games and the User, including the teams that the Users create among themselves, the paid/free virtual items they will buy for their own use to use in the games, and various in-app purchases.
Please note that Jollify Games is not responsible for the actions of Third Parties, the content on their websites, the use of the information you provide to them, or any services they provide.
Jollify Games reserves the right to change these Terms of Service and User's continued use of the Services constitutes acceptance of the changes to these Terms of Service.
App stores and platforms may offer their own terms that apply to your relationship with these app stores and platforms.
4. Binding Force of the Agreement
4.1. These Terms of Service are a legally binding agreement. This Agreement is a single and complete agreement between the user and Jollify Games regarding the subject of the Agreement, and supersedes the agreements, statements and commitments previously signed and in force with regard to the Site, its content, products, or the Services offered to the user through the Website, regarding the subject of the Agreement. By using Jollify Games' Website or any of its Services, you agree that you are legally bound by the provisions of these Terms of Service. In the event that these Terms of Service are changed or amended, the Company will publish the updated Terms of Service on the Website. It is the user's responsibility to monitor these Terms of Service periodically, and if the user finds these Terms of Service unacceptable at any time, he or she should immediately leave the Website and stop using the Services. We would like to state that if the user violates these Terms of Service, we will terminate the user's account within the Services, as well as take various measures against your party, including but not limited to this.
5. Age of the User
5.1. Users under the age of 18 can only download and play our Games on their device if their parent(s) or guardians have reviewed this Agreement and allowed them to download and play our Game subject to this Agreement. Jollify Games may at any time request sufficient evidence of your identity and age and consent from a parent or guardian. If a parent or guardian has given permission for their child to use the Services, they have accepted these terms for their child's use of the Services.
7. User License Agreement
Subject to the terms of the Agreement, Jollify Games offers the user a non-transferable, non-exclusive personal use license to copy onto the user's device for the purposes of downloading, installing and running the number of copies authorized by the download site for each Game.
7.2. Restrictions on User Rights
The rights granted to the user under the Agreement are subject to the following restrictions: (a) will not license, sell, rent, transfer, assign, distribute, host or otherwise exploit any Game; (b) will not modify, translate, adapt, combine, create derivative works from, disassemble, decompile to source codes, reverse compile or reverse engineer any part of the Games; (c) will not access the Games to create a similar or competing service or application; (d) will not copy, reproduce, republish, download, display, post or transmit any portion of any Game in any form or method, (e) will The User will not act by using false information, and unreal User accounts will not be created by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, will not use these accounts in violation of the Terms of Service or the applicable legislation, will not use another User's account without permission, will not be a party or participant in transactions by replacing someone else or under a wrong name, (f) will not use the Application or Website in a way that is beyond its intended purpose and shall not (g) will not remove or destroy any copyright notices or other proprietary markings contained in or within any Game. Any future version, update, or addition to the functionality of any Game (including in-app purchases, additional levels, and game enhancements) will be governed by the terms of the Agreement. Copyright or other proprietary notices regarding any Game content must be retained in all copies.
The user irrevocably accepts, declares and undertakes that he/she will exactly and immediately indemnify all damages arising from all kinds of violations, especially the cases listed above. Jollify's related claims, lawsuits and monitoring rights are reserved.
7.3. Regional Laws
The user is solely responsible for complying with all applicable laws, including but not limited to export and import regulations.
Jollify Games reserves the right to modify, suspend or discontinue the Games or any part thereof at any time with or without notice. The user agrees that Jollify Games will not be liable to the user or any third party for any modification, suspension or discontinuation of any Game or any part thereof.
7.5. Intellectual Property and Financial Rights
The Games offered to the user are not licensed and sold to the user. Jollify Games (and its licensors, if any) own all rights, titles and interests in all Games, excluding User Content (defined below), including all related intellectual property rights. This Agreement is not a sale and does not transfer any ownership rights to any Game to the user. The Jollify Games name, logo and product names associated with the Games are owned by Jollify Games (or its licensors, if any) and no right or license is granted, by implication, prohibition or otherwise, to use them. Jollify Games (and its licensors, if any) reserve all rights except those granted in this Agreement.
Jollify Games may display an advertisement when the user starts or stops a Game. Banners, rewarded videos, and/or interstitials may be displayed during gameplay.
8. User Content
8.1. User Content
“User Content” means all content that a user uploads, distributes or otherwise makes available through any Game. Only the user is responsible for User Content. User bears all risks of User Content. The User agrees and undertakes that the User Content does not violate the Usage Policy (defined below). The User may not express or imply that User Content is provided, endorsed or approved in any way by Jollify Games. Jollify Games has no obligation to review or audit User Content, nor does it endorse, encourage, or make any representations or warranties about it. All use of the User Content and interaction with other users is at the user's own risk. Your interaction with other users is solely between the user and other users, and Jollify Games has no obligation to be involved. The User agrees that Jollify Games will not be liable for any obligations arising from such interactions. Jollify Games is not obligated to back up any User Content and User Content may be deleted at any time. The user is solely responsible for creating backup copies of User Content, if he/she so desires. The User agrees and undertakes that in case of any doubt regarding the violation of the copyrights or trademark ownership rights of the Company or a third party, he/she should notify the Company without delay regarding the relevant violation. The user agrees and undertakes not to upload, download, transmit or display any content that is (a) pornographic, offensive or a crime (b) violating any local or international legal rule or any legal provision on the forum or messaging screens. In this case, the Company may terminate the user's account or terminate the use of the Services.
Jollify Games reserves the right to review any User Content. Jollify Games may remove or modify User Content for any reason at any time, with or without notice to the User.
User grants an irrevocable, non-exclusive and fully paid-up worldwide license and represents and warrants that it has the right to grant such license, including the rights of sublicenses to Jollify Games to reproduce, publicly display, publicly perform, derive derivative works, incorporate into other works, otherwise use User Content in any Game, solely for the sole purpose of displaying User Content in any Game.
8.3. Forum and Messaging
“Forum” is the area where one-to-one messaging can be made, messaging content is available, and other mobile game and mobile application users communicate, including but not limited to electronic invitation cards, through the Services. If the user is included in any Forum within the services, he/she will be deemed to have accepted the following rules.
If the user enters any content to the Forum within the services, he/she accepts that these contents are kept on the Company's servers. The User accepts that if he/she shares any personal information within the scope of the Forum, it can be viewed by people he/she does not know and that this information can be obtained by people he/she does not know. In this context, the user accepts that he/she shares the information he/she shares voluntarily and on his/her own responsibility and Jollify Games does not make any warranties regarding their safety.
8.4. Website Codes
All website codes related to the Website or Services belong to Jollify Games.
Unlawful use of the Company's brands is prohibited, and these brands consist of the Jollify Games brand named "Jollify Games", including but not limited to those stated here.
If the User provides any feedback or suggestions (“Feedback”) to Jollify Games, thus assigns all rights in the Feedback to Jollify Games and acknowledges that Jollify Games has the right to use such Feedback and related information in any way it deems appropriate. Jollify Games will treat all Feedback provided by the user as non-confidential or non-proprietary. The User agrees not to submit to Jollify Games any information or ideas that he or she considers to be confidential or proprietary.
8.7. Usage Policy
The following refers to Jollify Games' "Usage Policy".
The User agrees and undertakes not to use any Game in a way that (a) violates any third party rights, including copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, rights of disclosure or any other intellectual property or proprietary rights, (b) is tortious, degrading of reputation, defamatory, false or willfully misleading, (c) is abusive, exploitive, threatening, harmful, vulgar, obscene or offensive, or contains pornography, nudity, or uncensored or censored violence, promoting or otherwise controversial of violence, racism, discrimination, bigotry, hatred or physical violence against a group or individual, (d) harmful to minors in any way, (e) unsolicited or unauthorized advertising, promotional products, whether commercial or not to upload, distribute or otherwise use User Content that contains junk mail, spam, chain letters, pyramid schemes, or any other duplicated or unsolicited message, or (f) violates any law, regulation, or contractual obligation.
The User agrees and undertakes not to use any Game (a) for the purposes of installing or distributing computer viruses, worms, malicious code or other software intended to damage or modify a computer system or data, (b) collecting information or data about other users, including e-mail addresses, without their consent, (c) disabling, overloading, disrupting or otherwise interfering with servers or networks connected to the Games, (d) attempting to gain unauthorized access to the Site or servers or networks connected to the Games, (e) interfering with another user's usage or enjoyment of any Game.
9. Term and Termination
9.1. These Terms of Service are in effect indefinitely.
9.2. Either party may terminate this Agreement with 14 days' notice (via written or electronic communication). In addition, the user may terminate these Terms of Service with immediate effect by deleting the Game from their device.
9.3. If the User violates the Usage Policy or any provision of this Agreement, Jollify Games may (a) suspend the User's rights to use any Game and/or any related service, or (b) terminate this Agreement at any time in its sole discretion for any reason, with or without notice to the User. Without prejudice to the foregoing, Jollify Games reserves the right to terminate this Agreement with any user who repeatedly infringes a third party's copyrights upon prompt notice to Jollify Games by the copyright owner or the copyright owner's legal representative.
9.4. After the Termination of the Agreement, the User will not be able to access the Game, which is the subject of the Terms of Service. User's In-Game development and other Game-related data will be deleted. User will be able to download the Game again only if Jollify Games continues to operate the Game, in which case a new Terms of Service will come into effect. However, the game data will not be restored.
9.5. Upon termination of this Agreement, the User's right to use the Game will automatically terminate immediately. The User understands and agrees that termination may involve the deletion of User Content from live databases. Jollify Games shall have no liability to the User for any termination of the Agreement, including the deletion of User Content.
10.1. Jollify Games (and its suppliers) have no responsibility for any third party (a) user's use of any Game, resulting from (b) User's User Content or (c) User's breach of the Agreement.or for any claims, lawsuits, losses, damages, liabilities, costs and expenses (including attorneys' fees) alleged in connection therewith. The user is solely responsible for the loss, damage, liability, cost and expense (including attorney's fees) of third parties due to such situations. If the relevant payments are made by Jollify Games, it will be able to recourse to the user. In case of lawsuits by third parties, the user agrees and undertakes to be a party in the lawsuit together with Jollify Games. The User agrees and undertakes not to make any settlement on any matter without the prior written consent of Jollify Games. Jollify Games will notify the user after becoming aware of any such claim, lawsuit or process.
11. Third Parties
11.1. Application Stores
The User acknowledges and agrees that the availability of the Game is dependent on the third party from which the Game is purchased, for example Apple iPhone or Android Stores (app stores). The User acknowledges that the Agreement is between the user and Jollify Games and not between the user and the App Store. The App Store is not responsible for the Game, its content, maintenance, support services and warranties, and for responding to requests thereof. The User agrees to pay all fees (if any) charged by the App Store in connection with the Game. The User agrees to comply with all applicable third party terms and that any license to use the Game is subject to compliance with them.
11.2. Third Party Services
The User irrevocably and unconditionally releases Jollify Games (and its suppliers) from all claims, demands, litigation rights related to any Third Party Service, interaction with other users or Third Party Advertisers, or any behavior or activity thereof.
12.1. Jollify Games (and its Suppliers) expressly disclaim any express or implied warranties or conditions. Jollify Games (and Its Suppliers) Makes No Warranties Regarding: (a) will meet User's requirements, (b) will be available uninterruptedly, in a timely manner, securely or without error.
13. Limitations of Liability
14.1. In-app purchases
Jollify Games may license certain virtual goods for use within the Service (“Virtual Goods”) that the user can purchase for real money or earn or pay for in-game to be used within the scope of the Service. Virtual Goods are licensed to the user on a limited, personal, non-transferable, non-sublicensable and irrevocable basis, and for non-commercial use only.
Jollify Games may administer, control, modify or remove Virtual Goods at any time, with or without notice.
Transfer of Virtual Goods is prohibited unless expressly permitted in the services.
Virtual Goods have no real money equivalent and cannot replace real world money. Jollify Games or any other person or entity has no obligation to exchange Virtual Items for anything of value. Jollify Games is not responsible for any piracy or loss of the user's Virtual Goods.
Prices or availability of Virtual Goods are subject to change without notice. Subject to mandatory legislation, all purchases and redemptions made through the Services are final and non-refundable. The User acknowledges and agrees that the terms of Virtual Goods for use in the Services are a process that begins immediately with purchase and waives any right of withdrawal upon commencement of performance.
The User agrees that, subject to mandatory legislation, whether the loss of his license under this Agreement is voluntary or not, Jollify Games is not required to issue a refund for Virtual Goods for any reason and will not provide monetary or other compensation for unused Virtual Goods.
The user agrees that Jollify Games is not required to issue a refund for any reason and will not receive money or other compensation for unused virtual goods when he/she deletes her account or ceases to use it.
Portions of Services are billed on a subscription basis. Subscription provides access to dynamic content and services on an ongoing basis within the Game. Subscriptions may be available at different rates for a certain period of time specified in the Game. Once the User confirms their Subscription with validation tools available in the Game, their payment will be taken from their iTunes or Google Play Account. The Trial Subscription is offered free of charge within a certain period of time from the activation specified for the relevant offer within the Game. Unless the user cancels the Subscription within this period, the Subscription Fee will be charged to the Account when the trial period expires. The User should note that the Subscription starts immediately after activation of the trial Subscription and not after the seven-day trial period. User can cancel his/her subscription in the free trial period using the Subscription settings of his/her Account. If the User is Activated, Jollify Games cannot cancel the user's free trial subscription. Subscription is self-renewable unless the User unsubscribes at least 24 hours before the end of their Current Subscription. The Subscription Fee will be charged to the User's Account within 24 hours of the end of their Current Subscription. In case the Subscription Fee cannot be charged from the Account due to lack of balance, invalid credit card or any other reason, the User's Subscription will be automatically canceled.
After purchasing a Subscription, Users can manage it from their Account settings or turn off auto-renewal at any time.
The User cannot cancel their Current Subscription if the activation has taken place.
Subscription fees paid are non-refundable, except as required by law.
Jollify Games may change the Subscription Fees at any time in its sole discretion. Any Subscription fee changes will take effect at the end of the current subscription period. Reasonable advance notice will be provided prior to the change of the Subscription Fee. Unless the User takes action to accept the Incremental Subscription Fee, their Subscription will expire at the end of the current subscription period.
The User acknowledges and accepts that all invoicing and trading processes are carried out by the App Store or Google Play, the platform from which you download the Application, and subject to their terms and conditions. If the user has any problem regarding payment, he/she will need to contact the App Store or Google Play directly.
15. Apple App Store Additional Terms and Conditions
If you are using a Game from the Apple App Store, the following additional terms and conditions may apply to the user. To the extent that other terms and conditions of this Agreement are less restrictive or otherwise inconsistent with the terms and conditions in this section with respect to Games available only from the Apple App Store, the more restrictive or conflicting terms and conditions in this section apply.
15.2. Scope of License
The license granted to the user for this Game is a non-transferable license limited to an iOS Product owned or used by the user and limited to using the Game as permitted in the Usage Rules set forth in the App Store Terms of Service.
15.3. Maintenance and Support
Jollify Games is solely responsible for the provision of any maintenance and service related to the Game (if any) as set forth in this Agreement or as required by law. Jollify Games and the user agree that Apple is not obligated to provide any maintenance and support services with respect to the Game.
Apple will have no warranty obligations with respect to the Game. Jollify Games and the User agree that Jollify Games, not Apple, is responsible for (a) product liability claims, (b) claims that the Game does not comply with any applicable law or regulatory requirement, (c) claims arising from consumer protection or similar legal regulations. This Agreement does not limit Jollify Games' liability to the user beyond what is permitted by law.
15.5. Intellectual Property Rights
In the event that the Game or any third-party claim that possession or use of the Game infringes the intellectual property rights of a third party, he/she agrees that Jollify Games and the user are responsible for investigating, defending, conciliating and resolving any such intellectual property infringement claim by Jollify Games, not by Apple. Jollify Games reserves the right of recourse to the user.
15.6. Legal Compliance
The User represents and warrants that you are not located in a country that is subject to a US Government embargo or has been declared a "terrorist supporter" by the US Government, and (ii) you are not on the US Government's list of prohibited and restricted parties.
15.7. Developer Name and Address
For user questions, complaints or requests regarding the Games, Jollify Games' contact information is provided in Section 16.3.
15.8. Third Party Terms of the Agreement
User must comply with all applicable third party agreement terms when using a Game.
16. Other Terms
16.1. Changes to the Agreement
This Agreement is subject to amendment from time to time. If Jollify Games makes a substantial change, it will post a visible notice of the changes on its site. Changes to this Agreement will become effective within thirty (30) calendar days from when we send an e-mail notice to the user, or within thirty (30) calendar days after notice of the change is posted on the Site. These changes will take effect immediately for new users of the Games. Continuing to use the Games after notification of changes will mean that the User approves these changes and agrees to be bound by the terms and conditions of these changes.
16.2. Force Majeure
Including insurrection, embargo, strike, lockout, government intervention, mobilization, riot, occupation, war, labor actions or boycotts, worker-employer disputes, infrastructure and internet failures, cyber attacks, communication problems, system improvement or renewal works and malfunctions that may occur due to this, power outage, storm, flood, fire, explosion, earthquake, migration, epidemic or other natural disaster or beyond the control of Jollify Games, other events that are not due to its fault and cannot be reasonably foreseen (“Force Majeure”) prevent or delay Jollify Games from performing its obligations under these Terms of Service, Jollify Games shall not be liable for any obligations whose performance is hindered or delayed as a result of Force Majeure, and hereinafter, it cannot be considered a violation of the Agreement.
Any notice to Jollify Games under this Agreement must be sent to [email protected].
If any provision of this Agreement is determined to be invalid or unenforceable for any reason, the remaining provisions of this Agreement will not be affected and the invalid or unenforceable provision will be modified to the fullest extent permitted by law.
16.5. Integrity of the Contract
This Agreement is the final, entire and exclusive agreement between the user and Jollify Games regarding the matters herein (including all Games). The failure of Jollify Games to enforce or execute any provision or right of the agreement shall not constitute a waiver of such right or provision. The relationship between Jollify Games and the user is that of an independent contracting party and neither party is a representative or partner of the other. This Agreement and the rights and obligations herein may not be assigned by the user without the prior written consent of Jollify Games, and any attempt to breach it is void. Jollify Games may assign this Agreement without the user's consent in connection with a merger, acquisition, reorganization or sale of all or a substantial portion of its assets or other legal proceeding. The provisions of this Agreement will be binding on the assignee.
16.6. Evidence Agreement
It accepts and declares that in disputes that may arise between Jollify Games and the User, all official books and commercial records of Jollify Games and e-archive records, electronic information and computer records kept in Jollify Games database and servers, will be regarded as valid, binding, final and exclusive evidence in accordance with Article 193 of Law No. 6100, and that the said recordings constitute an evidential agreement.
16.7. Intellectual Property Rights
All intellectual property rights of the Jollify Games brand and logo, the design, license domain name, software of the Jollify Games Application and any trade dress, brand, slogan, logo, design, visual and audio elements created by Jollify Games in relation thereto belongs to Jollify Games. The User may not use, share, distribute, exhibit, reproduce, or make derivative works from the intellectual property rights owned by Jollify Games or the rights leased out without the consent of Jollify Games. The User may not use all or part of the Jollify Games Application or Website in any other medium without the consent of Jollify Games. If the User acts in violation of the intellectual property rights of third parties or Jollify Games, the User is obliged to compensate all direct and indirect damages and expenses of Jollify Games and/or the third parties whose rights have been violated.
16.8. Resolution of disputes
These Terms of Service and contractual disputes are exclusively governed by the laws of the Republic of Turkey and Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes. Any dispute arising from or in connection with these Terms of Service will be under the exclusive jurisdiction of Istanbul Anatolian Courts and Enforcement Offices.
By downloading and using the application by the User, it means that he/she has read and accepted all the clauses in these Terms of Service. This Agreement is deemed to have been concluded electronically at the time the User becomes a User and enters into force mutually. This Agreement will remain in effect until the User's term expires, the User cancels his/her User, or until Jollify Games cancels the User's subscription.
These Terms of Service, consisting of 16 (sixteen) articles, have entered into force by being approved in electronic environment by reading and fully understanding each provision by the User.
If you have a question about these Terms of Service, you can contact us at the information below.
Jollify Games, Türkiye
Mersis Number: 0484194046800001