TERMS OF SERVICES

TERMS OF SERVICES

This Terms of Services (“Agreement”), govern the relationship between the user and the Eskimo Games Oyun Teknolojileri  A.Ş. (“Eskimo”) regarding use of Eskimo games and related services (“Services”) provided by Eskimo via Apple Application Store and Google Play Store.

Please read this Agreement and our Privacy Policy carefully before you start using, downloading, or accessing to the Services.

By using Services in any way, you represent that you are older than 18 or older than 16 and your parent or guardian has reviewed and accepted this Agreement. Services will not be provided to those younger than 16 years old.

Commercial use of Services is prohibited and use for commercial purposes is unlawful. To this end, you acknowledge and accept that you use the Services for entertainment purposes within personal use.

By using the Services or downloading any of our games from app stores, you accept the Agreement. If you do not agree to the Agreement, you may not use or otherwise access the Services.

  1. Right of Use of Services

    • Right of Use

Without prejudice to other provisions of this Agreement, Eskimo grants users a non-exclusive, non-transferable, non-sublicensable, revocable limited right subject to the limitations below to access and use the Service. As part of right of use, users may only access to or use Services for their personal and non-commercial entertainment purpose.

  • Liabilities of the User

The rights granted to users in this Agreement are subject to the following restrictions:

  • Users shall not license, sell, rent, lease, transfer, assign, distribute, copy, communicate to public, represent, publish, or otherwise commercially exploit the Service;

  • Users shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer the Services in whole or in part;

  • Users shall not access to the Services in order to build a similar or competitive service or application;

  • except as expressly stated herein, no part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means

The users undertake that they shall not conduct any of the following actions under this Agreement:

  • Access to and use of Eskimo’s information systems,

  • Initiate or attempt an attack to Eskimo’s information systems or spread attack supporting viruses,

  • Disable or change software that Eskimo uses regarding cybersecurity,

  • Send invitation, advertisement or e-mail on Eskimo’s behalf by using Eskimo trademarks and logos,

  • Make any sexually explicit, obscene, racist posts or posts about children on behalf of Eskimo or mention the name or logo of Eskimo on such content.

  1. Intellectual Property Rights

The Services provided to the users under this Agreement are not sold; users are only given the right of use as explained under Article 1 above.

Eskimo owns all rights, title and interest, including without limitations any games, titles, computer code, themes, objects, characters, character names, stories, in-game dialogues, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by Eskimo and/or received or made available while playing the games or developed during the course of the games, and all related intellectual property rights in relation to the Services.

Copyright, trademarks, and all other proprietary rights displayed in the Services (including, but not limited to, software, graphics, and logos) are belong to Eskimo. Unless otherwise is stipulated under this Agreement, the users are not allowed to copy, use, republish, modify, download, distribute, license or reverse engineer.

  1. Virtual Elements

Eskimo games contains virtual game currencies (“Virtual Currency”), such as coins, cash, and/or diamonds, that is used to purchase virtual items (“Virtual Items”) (“Virtual Currency” and “Virtual Items” shall be referred to as “Virtual Elements”). The users may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to use the Virtual Elements. Platform providers and payment service providers conduct all payment transactions in relation to the Virtual Elements. By purchasing in-game Virtual Elements, the users agree to the terms of services of platform providers and payment service providers.

Virtual Elements cannot be exchanged with Eskimo or any third party for real money, goods, products or services. Eskimo has no liability for hacking or loss of the users’ Virtual Elements. Price and availability of Virtual Elements may be reorganized, changed or disallowed by Eskimo at any time, with or without notice. Refunds in relation to the Virtual Elements are realized by the relevant platform providers subject to their policies.

  1. Warranty Disclaimer

Eskimo provides the Services to the users “as is” basis without any warranties of any kind. Eskimo does not warrant that the users will be able to access or use of the Services at the times and locations of users’ choosing; that Services will be uninterrupted or error-free; that defects will be corrected; or that the Services will be free of viruses or other harmful components.

  1. Limitation on Liability

In no event shall Eskimo be liable to the users or any third party for any indirect, incidental, consequential, special or punitive damages, including but not limited to, loss of revenues, lost profits or business interruption, arising from or in relation to the Agreement. Access to and use of the Services are at users’ own discretion and risk, and the users will be solely responsible for any damage to their mobile device resulting therefrom. Eskimo’s liability will be limited to fixing access related problems. Eskimo’s liability arising from or in relation to the Agreement shall not be more than the amount that the user have paid to Eskimo in accordance with the Agreement in the six (6) months immediately preceding the date on which the user first asserts a claim. The users agree that if they have not paid anything to Eskimo during such time period, their sole remedy for any dispute with Eskimo is to discontinue using the Services.

  1. Indemnity

The users agree to defend, indemnify and hold harmless Eskimo from and against any claims, suits, damages, indemnification claims, or expenses including reasonable attorneys’ fees brought by third parties resulting from or relating to use of the Services, user content, or users’ violation of this Agreement.

  1. Modifications

Eskimo reserves right to amend the provisions of the Agreement at any time.  The latest version of the Agreement will be published on Eskimo’s website.

  1. Term and Termination

This Agreement shall enter into force on the date of activation or use of Services by the user. The users will be assumed to have accepted this Agreement and any amendments thereof by activating/downloading/using the Services.

This Agreement shall be effective for the period of use of the Services and shall terminate if the user discontinue using the Services or this Agreement is terminated by Eskimo.

  1. Dispute Resolution and Applicable Law

This Agreement and all disputes relating to the performance or interpretation of any term of this Agreement shall be construed under and governed by Turkish Law, without regard to any conflict of law principles. All disputes or claims arising out of or in connection with this Agreement shall be finally settled by Istanbul Central (Çağlayan) Courts and Enforcement Offices.

  1. Notices

Eskimo may notify the users via postings on its website or in the games and via e-mail provided by the user. All notices required from the user as per the Agreement shall be made to info@eskimo.games.