PLEASE READ THE FOLLOWING USER AGREEMENT BEFORE DOWNLOADING AND/OR PLAYING “THE WARLAND”, MOBILE GAME PROVIDED BY NETMARBLE EMEA LLC. BY DOWNLOADING AND/OR PLAYING THE GAME, YOU AGREE THAT YOU READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU ARE BOUND BY ALL OF THE AFOREMENTIONED.
- SUBJECT MATTER of the AGREEMENT
1.1. Subject matter of the Agreement herein is;
Terms and conditions of use of the mobile game named as “The Warland” (hereinafter referred to as the “Game” and any of its content and/or services provided by NETMARBLE and accessed via mobile platforms (including but not limited to App Store, Google Play) with The Warland User account information and for regulating the relationship between NETMARBLE EMEA LLC., the publisher of the Game, (hereinafter referred to as “NETMARBLE”) and the User, arising out of or in relation to accessing or playing the the Game as a whole and any of its contents or services and making use of the referred directly or indirectly in any manner.
The Game shall only be used/played for the purposes of entertainment. The User shall not access/play the Game for the purposes of commerce, generating income, or any other similar purposes. The User shall agree that he/she may solely access/play the Game, its related services and contents in a non-commercial manner and for personal use.
1.2. NETMARBLE shall have right and authorization to change or update particially/completely terms and conditions contained herein for technological reasons, new liabilities arising from legislative amendments, improvements for the Game and presentation of Game-related new products or services or any other similar reason, without any time and section limitation and any necessity to be periodical, by posting the updated version in mobile platforms’ commerce center or store within a reasonable time. In this regard, The User shall agree to be responsible for checking this Agreement each time before using/playing the Game and that if he/she does not accept any change or update to this Agreement then he/she shall immediately stop accessing and/or playing the Game. Continued use of the Game following the posting of changes/updates shall mean that the User accept and agree to the updated version of this Agreement.
- PARTIES OF THE AGREEMENT
2.1. Parties of the Agreement herein are NETMARBLE and the User.
2.2. NETMARBLE and the User shall be hereinafter separately referred to as the “User” and “NETMARBLE” and collectively as the “Parties” in this Agreement.
2.3. The “User”: Any natural or legal person, who accesses/plays the Game, whether signed up or not, and accesses/uses any of its content or services via mobile platforms in a way which is partial/complete and temporary/permanent on his/her behalf and at his/her own expense or on behalf of third parties and at their own expense. Rights and liabilities of the User shall be assessed in accordance with terms and conditions herein, excluding unauthorized access.
2.4. In no event shall the User have any right to let third parties use, whether permanently or temporarily, his/her account information or other related authorizations for the Game. Otherwise, NETMARBLE may determine the aforementioned third parties using the account and related authorizations and suspend the User account in question permanently or temporarily.
2.5. The User shall be solely liable for consequences of letting third parties use his/her account. In no event shall third parties, who use the User’s account whether permanently/temporarily and partially/completely, put forward any right or claim against NETMARBLE.
2.6. Any unauthorized access and use shall be subject to legal sanctions by competent official authorities to the extent considered as illegal by law.
2.7. The User shall agree and guarantee that he/she knows the risk of legal sanctions and undertakes its consequences whether solely or with the aforementioned third parties. Similarly, the aforementioned third parties shall be liable against NETMARBLE, whether solely or jointly with the User. However, it shall not be possible for the aforementioned third parties to assert any claim of being a party to this Agreement.
2.8. Unauthorized access and use of others’ account shall not provide third parties, who took these actions, any right or capacity provided for the “User” herein. On the other hand, the aforementioned third parties shall be deemed to have agreed and guaranteed to be bound by the liabilities provided for Users herein.
2.9. In no event shall this Agreement constitute or imply joint venture, partnership or any other similar legal transaction between the Parties which lead to transfer of any rights from NETMARBLE to the User.
- ESTABLISHMENT OF THE AGREEMENT AND ITS ENFORCEMENT
3.1. By downloading and/or playing the Game, whether or not the User signs up and composes account information for the Game, independently from duration of activity, visit, membership and more of the same, this Agreement shall be established and entered into force and both Parties shall be deemed to have agreed to be legally bound and henceforth the User shall be deemed to have read, understood and confirmed this Agreement.
3.2. Following the establishment of this Agreement as stated in the clause 3.1., this Agreement shall remain in force and legally bind the Parties during the time that the User accesses to the Game and any of its related contents and services, independently from time period of the User’s access on the aforementioned.
3.3. The User may terminate this Agreement after he/she ceases all use of the Game and delete all copies of the Game and/or his/her account (if any). In this case, the User, as a result of termination, shall lose its account and all information/data associated with it (including but not limited to the level the User have reached, his/her virtual money and/or goods). If NETMARBLE determines that the User violates any of the provisions of this Agreement partially or completely, NETMARBLE may suspend the User account temporarily or permanently or terminate this Agreement immediately by deleting the User’s account without any notice and incurring any payment liability.
- OWNERSHIP
4.1. The Game as a whole and any of its services and contents shall solely belong to NETMARBLE EMEA LLC.
4.2. The acquisition of any content by the User in accordance with the terms and conditions determined by NETMARBLE shall not grant any right of ownership to the User over such content. The Game and any of its content or services accessed, played or used by the User shall be exclusively owned by NETMARBLE. NETMARBLE shall have exclusive right to determine operating and validity periods of the referred contents/services and termination of their use.
4.3. The User shall agree and guarantee to have only a non-exclusive, non-transferable, non-sublicensable, personal, revocable limited license to access and use/play the Game and any of its content or service for the User’s own non-commercial entertainment purposes only if they are duly acquired.
4.4. The Game and any of its content or service shall be used in accordance with their features, terms and conditions of use, principles determined by NETMARBLE and related laws and regulations. Otherwise, if determined by NETMARBLE, necessary actions shall be taken to the extent permitted by laws and regulations against the ones who took contrary actions.
4.5. The right to use/play the Game and any of its content or service shall exclusively belong to the User who acquired the aforementioned contents in accordance with terms and conditions of use. In cases where the User use the aforementioned contents to generate revenue, make these contents subject to commerce and/or let any third parties use contents acquired in a aforementioned way, the User shall have no right to make any demand against NETMARBLE in relation to the contents in question.
4.6. The User shall access and use the Game and any of its content or service only in accordance with the purpose of their presentation and acquisition. The User’s processing, changing, dissambling, reproducing, distributing, copying, misusing or taking any other similar actions, contrary to the purpose of their acquisition shall constitute a violation of this Agreement. In this case, the User shall agree that these actions are considered as illegal and they may be subject to any kind of legal investigation and proceeding, inititated by competent authorities.
- OWNERSHIP OF THE CONTENTS ACCESSED
5.1. The User may access to any kind of digital environment, Website, content or product including advertisements owned by third parties through the Game. The User shall agree and guarantee not to take actions to provide access externally or internally to his/her contents or any content of third parties or make these aforementioned contents published through the Game.
5.2. NETMARBLE shall, at its sole discretion, determine which content of third parties may be accessed on the Game, without limitation in time and subject.
5.3. NETMARBLE shall have exclusive power to dispose of matters such as all methods and procedures which make third parties’ contents (including, but not limited to advertisements) accessible in and out of the Game, orient the aforementioned contents or make them accessible with any other similar procedures. However, the owners of the aforementioned contents shall be exclusively liable for the consequences arising out of or in relation to the contents (including, but not limited to advertisements) provided by third parties and their terms and conditions of use and any other consequences resulting from access to these contents.
5.4. Liability and ownership arising from third parties’ contents (including, but not limited to advertisements) or any other components, contents or publications subject to third parties’ right of intellectual property or any right related to their ownership, accessed through the Game, shall belong to their owners.
5.5. The User shall decide solely whether to access or use or not to use the aforementioned contents of third parties (including, but not limited to advertisements). Terms and conditions of use of the aforementioned contents shall be determined by their owners. In this regard, NETMARBLE shall not have power to determine terms and conditions of use and any dispute or claim in relation to the aforementioned terms and conditions of use shall not be asserted against NETMARBLE.
- LIABILITY OF THIRD PARTIES
6.1. In no event, the User shall have right to demand or proceed individually or with the right-holders against NETMARBLE in relation to third parties’ contents and publications through the Game (including, but not limited to advertisements accessed). The User shall agree that NETMARBLE shall have no liability arising out of or in relation to any kind of content or publication (including, but not limited to advertisements) owned by third parties.
6.2. The User shall be deemed to have agreed and accepted to be legally bound by this Agreement by accessing and using/playing the Game and any of its services or contents which are under the protection of intellectual property, trademark, design and any other related laws and regulations and whose intellectual property rights are owned by NETMARBLE.
6.3. If the User do not accept this Agreement, the User shall not use/play or attempt to use/play or demand the Game and any of its services and contents. Otherwise, the User shall be deemed to have accepted this Agreement in full.
6.4. The Users who generate and publish any content within the Game shall be solely liable for such content and for this reason, NETMARBLE shall not be liable for any content generated and published by the Users.
- INTELLECTUAL PROPERTY RIGHTS
7.1. Trademarks and other traits used in the Game/related to the Game shall be exclusively owned by NETMARBLE through registration by competent official regional/international authorities or use with their distinctive characters or by gaining distinctiveness through use.
7.2. This Agreement shall not grant any single or partial right of ownership to the User and/or any other third parties for the aforementioned components and traits set forth in the clause 7.1., the User shall only have limited licence to use the Game and any of its content or service, as stated in Article 4.3.
7.3. The User shall agree that the Game and any of its content or service, material, document, information, graphics, design, product, game account, in-game product, e-mail service, software, update and other similar services are protected by Intellectual Property Law, Trademark Law, Patent Law and other similar laws and all of the aforementioned material and non-material components, assets and/or subjects are exclusively owned by NETMARBLE without prejudice to the exceptions stated in this Agreement. In this regard, the User shall guarantee not to act against the aforementioned rules and regulations.
7.4. NETMARBLE shall have sole and exclusive right of disposition in relation to the all assets mentioned in the clauses 7.1.,7.2.,7.3.
7.5. NETMARBLE shall have right to terminate, change or discontinue partially/completely and temporarily/permanently Game-related services provided by NETMARBLE. In this regard, the User shall agree that he/she has no right to demand any kind of compensation against NETMARBLE.
7.6. NETMARBLE shall not guarantee to provide stable or uninterrupted Game and any other related services or contents and this shall not be interpreted as NETMARBLE’s partial or complete removal of ownership rights over its traits or trademarks.
7.7. The Users shall have no right to make any demand against NETMARBLE (including, but not limited to right to indemnity) in case of changes whether they are temporal/permanent and/or partial/complete in the Game and any of its publications, contents and other components.
7.8. The User shall agree that NETMARBLE exclusively owns all aforementioned assets and their related rights and competencies.
7.9. Hereby with this notification, the Users shall accept that they shall be liable for accessing, using, making use of the Game and/or directly/indirectly related services provided by NETMARBLE.
7.10. Besides this Agreement, the User shall agree to confirm The Warland Non-Disclosure Principles, integral part of this Agreement. Thereby, the User shall guarantee to comply with related laws and regulations while using/playing the Game and any of its contents or services. In this regard, the User shall agree to be solely liable for his/her own related actions, in no way have right of recourse against NETMARBLE and the referred actions do not confer any liability on NETMARBLE.
7.11. The User shall agree not to violate, reverse engineer, decompile, reverse, disassemble, disrupt or in other ways exploit the Game, the normal flow of the Game and any of its services or contents. Additionaly, the User shall agree not to provide aid and assistance others in relation to the aforementioned actions.
- ACCESS AND ITS LIMITATION
8.1. NETMARBLE shall have right to terminate the User’s access to Game and its services and contents permanently or temporarily in the case of the User’s actions against this Agreement.
8.2. In the case of NETMARBLE’s termination of the User’s access mentioned in the clause 8.1., the User shall have no right of objection. In this case, the User shall have liability for destroying all materials related to the Game and any of its contents or services in the User’s possession.
8.3. The User shall not transfer, let third parties use, present for commerce whether it is gratuitos or onerous his/her passwords, user names or any other rights possessed for making use of the Game and any of its contents or services. If the User violates this provision, the User shall have no right to make any demand against NETMARBLE in any manner. Otherwise if it is determined, NETMARBLE shall have right to take action as stated in the clause 8.1.
8.4. The User shall consider and agree that his/her account information, virtual goods, balance of account, account character and other features related to the Game account have no monetary or commercial value. All aforementioned assets shall be presented for entertainment purposes only and not be used for illegal purposes like gambling and betting.
8.5. The User shall consider and agree that the Game and any of its contents or services do not have any qualification construed as chance or coincidence.
8.6. The User shall guarantee to acquire the Game and any of its services or contents in accordance with their own terms and conditions of use. In this regard, the User shall guarantee not to use any kind of tool, program, software and any other component of third parties which are unauthorized and interacted partially or completely with the Game and any of its contents or any software components of the Game and/or interruptive to the connection between the NETMARBLE and the software, simulative or cause redirection or collect information related to the Game and any of its contents by reading memory areas (including, but not limited to “hack”, “cheat”, “bot”, “cheating file”, “mod” and/or automation programs). Otherwise, NETMARBLE shall have right to impose sanctions stated in the clause 8.1. and since the aforementioned actions are considered as illegal, the User shall agree that legal actions may be taken against him/her.
8.7. The Game and any of its content, code, data or other component which are downloaded through mobile platforms shall be used in accordance with the rules and regulations of Law of Intellectual Property Rights, related laws, international agreements and terms and conditions of use set out herein. The User shall consider and agree that his/her use against the aforementioned rules and regulations may be subject to criminal and civil proceedings.
- USER CONNECTION AND EQUIPMENT
9.1. The User and other members shall have the necessary connection infrastructure and other equipment in order to make use of the Game and any of its contents or services. The User may incur charges incidental to using/playing the Game and any of its contents or services even if the Game itself is free (i.e. charges for Internet access, data transmission). The User shall be solely responsible for the payment of such charges and their related taxes in order to use/play the Game.
9.2. The User shall be under the obligation to have necessary equipment and connection infrastructure and any other necessities in order to access and connect.
In respect thereof, NETMARBLE shall have no liability for acces and connection.
9.3. The User shall be solely liable for any disruptions of Internet connection arising out of or related to service providers, infrastructure or the User.
9.4. In cases where the User acquires services provided by NETMARBLE, NETMARBLE shall ascertain the date and time of the acquisition and its frequency according to the actual User number, duration and any other data.
9.5. NETMARBLE shall take all reasonable high-tech measures in order to ensure the safety of the User’s account while his/her making use of the Game and any of its services and contents.
9.6. The User shall agree and guarantee to be primarily and directly liable for ensuring the safety of his/her account and not to assert any demand against NETMARBLE if any problem occurs.
9.7. The use of the Game and any of its contents or services may require compatible and necessary devices, Internet connection and certain paid softwares and their updates within certain periods and/or affect the performance of the aforementioned in case of any update. These reasons and circumstances shall not constitute a basis for any demand against NETMARBLE.
- NON-LIABILITY
10.1. NETMARBLE shall not be liable for any condition and consequence arising out of or relating to the loss or unavailability of the Game accounts and/or any component of the Game accounts as a result of technical reasons while providing the Game and related services.
10.2. The User shall be solely responsible for his/her interactions with other Users of the Game. The User shall agree to act diligently while making use of the Game and any of its services and contents. The User shall be prohibited to conduct and generate contents construed as advertisement, unfair competition, justifying terrorism, incitement to violence or racial or ethnic hatred, pornographic, slang, rude, encouraging drug use, illegal, defamation and/or contents related to the Republic, the State, any kind of religion, any politician or any legal entity, acts of abuse against other users or defamation against the memory of Ataturk. The User shall guarantee not to transfer, save, post, send via e-mail, forward, store, provide access to contents that construed as defamotary, harassment, abusive, illegal, threatful, harmful, torts, rude, containing violence, slander, pornographic, interference in other people’s private life, infringing any intellectual right or proprietary right of third parties, hateful, racist or humiliating ethnic identities or similarly inconvenient while making use of the Game and any of its services and contents.
10.3. In cases where the User violates the clause 10.2. above, the User may be deprived of accessing the Game and any of its services or contents temporarily/permanently by NETMARBLE and if demanded properly by offical authorities, NETMARBLE shall disclose contents generated by the User, which violate the clause 10.2.
10.4. NETMARBLE shall only be liable for removal of the aforementioned illegal contents from the related User account and the Game as long as the removal is technically possible and NETMARBLE shall not be liable for the aforementioned removal against the User in question. Due to similar reasons, NETMARBLE shall disclose the User information with police departments and prosecution offices if demanded properly.
10.5. NETMARBLE shall not be liable for any consequence of being deprived of making use of the Game and any of its contents or services, in accordance with the laws and regulations of the region or country where the User lives, regardless of the starting time of the referred.
- CONFIDENTIALITY IN USE OF THE ACCOUNT
11.1. The User shall guarantee that he/she shall be solely responsible for keeping the confidentiality of his/her User account information, which provides access to the Game and any of its services or contents and not disclosing this information to any third party and shall guarantee to notify NETMARBLE immediately in case of safety breach. The account information referred in this clause includes the User’s log-in details and account for any platform or network that the User is allowed the Game to interact with.
11.2. NETMARBLE shall not be liable for any kind of damage caused by unauthorized use of the User account. The User shall guarantee to use and protect his/her user account information with caution.
11.3. The User shall guarantee to give complete and accurate information and update the information accordingly when the User signs in, registers in any way and uses/plays the Game and any of its contents or services.
11.4. The User shall agree that NETMARBLE shall have right to store and use sign-up information to manage User accounts. The User shall agree that he/she shall not create accounts for any third party without consent of the party in question; otherwise, the User shall guarantee to be solely responsible for the consequences.
11.5. NETMARBLE shall have right to take all necessary legal and technological measures if it is determined that the User’s actions constitute breach of his/her obligations under this clause.
- CONSENT
12.1. Following the notification and consent of the User, NETMARBLE EMEA LLC. and third parties which are associates or project partners of NETMARBLE may inform and introduce new products/services, promotions, campaigns or any similar matters for advertising and informative purposes via SMS and/or e-mail or any other communication tool, in relation to the Game and any of its services or contents. If the User shall not give consent for the aforementioned notifications, the User may inform NETMARBLE accordingly about his/her demand to quit from the membership assigned for advertising and informative purposes.
12.2. Using the Game and any of its contents and services shall be deemed a valid consent by the User to agree the aforementioned SMS and e-mails, which shall not constitute breach of personal data, unlawful storing of personal data, unfair competition, offensive advertising or marketing practice.
By ticking the box “ Notification / I want to leave from the Notification List” on the related notification, the User shall turn off all notifications stated in the clause 12.1.
- INDEMNIFICATION AND RECOURSE
THE USER SHALL HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS NETMARBLE FROM AND AGAINST ALL KINDS OF ACTIONS, CLAIMS, LAWSUITS, LOSSES, COSTS CAUSED BY HIS/HER USE, ABUSE OR MISUSE OF THE GAME AND ANY OF ITS CONTENTS OR SERVICES OR IN BREACH OF NON-DISCLOSURE PRINCIPLES OR ANY OTHER RULES AND PRINCIPLES SET FORTH IN ANY OTHER LEGAL DOCUMENTS WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE.
- WAIVER OF WARRANTY
14.1. NETMARBLE SHALL GIVE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AGAINST ANY KIND OF DEFECT, SEIZURE, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP CLAIMS AND CONCERNING THE CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTIBILITY OF THE GAME AND ANY OF ITS CONTENTS OR SERVICES OR ANY TIME PERIOD EXCLUDING THE TIME WHILE OPERATING.
14.2. THE PROVISIONS OF NO-WARRANTY CLAUSE 14.1 ABOVE SHALL NOT BE INTERPRETED AS THAT NETMARBLE HAS TAKEN OR WILL TAKE DELIBERATE ACTIONS FOR ANY KIND OF PROBLEM SET FORTH IN 14.1 OR HAS PURSUED OR WILL PURSUE THESE KINDS OF ACTIONS AND GOALS.
- CHARGES AND PAYMENT
15.1. Some of the Game-related contents may require payment and the rest of them may be free. NETMARBLE shall have the right to determine which contents require payment and in what way and how long this determination will continue. Free Game and any of its contents or services may be later turned into paid ones at the discretion of NETMARBLE or in consequence of the requests by third parties cooperated with NETMARBLE in the acquisition the aforementioned. Paid contents similary may be later turned into free ones or ones with lower price at the discretion of NETMARBLE. In case of the referred changes, NETMARBLE shall notify the User permanently through the Game during a reasonable period of time.
15.2. The User shall agree and guarantee to obtain paid contents or services of the Game only from NETMARBLE, not from any third party and shall be solely liable for all of his/her transactions and their charges in relation to the Game and any of its contents or services.
15.3. The User shall choose any method of payment at his/her own discretion. When the User chooses a certain method of payment, the User shall be liable for providing compliance with technical and procedural rules related to that kind of payment method. NETMARBLE shall have sole discretion in charging of Game-related services or contents, making changes in the charges and providing free services or contents.
15.4. All User transactions for the purpose of payment shall take place between the Bank and the User’s mobile device through the interface of the Game. Consequently, the service provided by NETMARBLE in these transactions is limited to the aforementioned in this provision.
15.5. The validity period of Gamefund and if any, other purchasing tools in the acquisition and use of the contents in relation to the Game shall be determined, regulated and modified by NETMARBLE.
15.6. Gamefund is a NETMARBLE tool, which is for the paid in-Game contents and is used and acquired by the User in conformity with the procedures herein. It is special for the Game, not regarded as a payment tool for any other third party and does not have any electronic or virtual fund features. The validity period of Gamefund shall be limited to a year, for the User’s safety, as from the date when the User acquires it.
Gamefund, which is unactivated and/or not used within a year as from the date of its acquisition, shall be no longer used or activated.
If the User demands to use and activate unavailable Gamefund after a year following its acquisition, the User shall apply for activation by providing his/her date of acquisition, the amount and reasons for exceeding time period, identity and User information in a written form via www.thewarland.com , The Warland website. In this case, after the examination by NETMARBLE if the User’s demand and application are found to be convenient and unquestionable, NETMARBLE shall approve the application. Time period for the aforementioned application is limited to ……… year following a-year-period after the acquisition.
15.7. NETMARBLE shall not be liable for indemnifying any kind of damages arising out of the payments by the User. In all disputes arising out of or relating to this Agreement, Istanbul Anatolia Courts and Enforcement Offices shall have exclusive jurisdiction and all of NETMARBLE’s records and documents shall constitute exclusive evidence to settle the disputes in question. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey without regard to its conflict of laws principles.
- SUITABILITY OF CONTENTS
16.1. The Users shall have authority to control and decide on whether the Game and any of its contents or components are suitable for user age groups. NETMARBLE may share non-binding assessments by official competent authorities about the suitability of the contents on www.thewarland.com , The Warland Website, for the age groups.
16.2. In cases where the User is under the legal age of majority, it is strongly recommended that before using or accessing the Game and any of its contents or services, the User shall notify his/her legal representatives about the Game and its contents or services, ask their suitability for his/her own age group and make use of the Game-related content in question or play or continue to play the Game after approval of the aforementioned legal represantatives.
16.3. Being at the legal age of majority for the User is a statutory obligation for the sale and acquisition of all sorts of tools related to the Game and any of its contents or services. If the User is under the legal age of majority, it is recommended that the User should take actions mentioned in this clause under the supervision of his/her legal representatives and with the approval of them, otherwise these actions shall be deemed unexecuted.
16.4. In relation to the Game and in-Game contents or services, NETMARBLE shall not guarantee any kind of legal relationship between the User and any other third party or any undertaking associated with these legal relationships and deny this kind of interpretation. NETMARBLE shall make efforts to the full extent of its power for the protection of each data hold by the Users. However, this provision shall not be interpreted so as to render under any circumstances, unlimited and exclusive liability of NETMARBLE for all User accounts, the safety of all access information related to these accounts and any other related content.
- HEADINGS AND INTERPRETATION
The section headings contained in this Agreement are for reference purposes only. These headings shall have no legal effect and shall not in any way affect the meaning or interpretation of this Agreement.
- PARTIAL INVALIDITY
If any provision contained in this Agreement is found to be illegal or unenforceable for any reason, that provision shall be replaced by a valid one to the maximum extent permissible so as to affect the intent of the Parties and the remainder of this Agreement shall remain in full force and effect. However, if it is determined that the clause found to be illegal or unenforceable could not be reformulated, it is agreed that the clause in question is separable from the remaining provisions of the Agreement and that determination shall not affect the validity and enforceability of these remaining provisions.
- LIMITATION OF LIABILITY
19.1. IN NO EVENT WHETHER IN CONTRACT, TORT, OBJECTIVE LIABILITY OR ANY OTHER LEGAL LIABILITY REGULATIONS AND PRINCIPLES SHALL NETMARBLE BE LIABLE TO THE USER OR ANY THIRD PARTIES RELATED TO THE USER UNDER ANY CIRCUMSTANCES WITHOUT LIMITATION IN TIME FOR ANY CONSEQUENCE, LOST PROFIT, LOST SAVING OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGE, ARISING OUT OF THE USER’S USE, MISUSE OF THE GAME AND ANY OF ITS CONTENTS OR SERVICES, OR GROSS NEGLIGENCE OF THIS AGREEMENT EVEN IF NETMARBLE IS INFORMED OR SHOULD BE INFORMED ABOUT THE POSSIBILITY OF SUCH DAMAGES AND CONSEQUENCES AND/OR BY WAY OF ASSERTING ANY CLAIM OF THIS KIND.
19.2. THE USER SHALL HAVE RIGHT TO SUE AND COMPLAIN ANY THIRD PARTY, ARISING OUT OF BREACHES OF RIGHTS AND WARRANTS OF THE USER IN THIS AGREEMENT. IN THIS CASE, IF DEMANDED BY COMPETENT PUBLIC AUTHORITY OR AGENCY WITHIN LEGAL TIME FRAME FOR RETENTION, NETMARBLE SHALL DISCLOSE DIGITAL DATA AND EVIDENCES RELATED AND ALWAYS SUPPORT THE USER.
19.3. UNDER NO CIRCUMSTANCES, THE USER SHALL DEMAND FROM NETMARBLE ANY COMPENSATION MORE THAN THE SINGLE PAYMENT AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.
- THE EFFECT OF FORCE MAJEURE EVENTS
NETMARBLE shall not be liable for any failure or delay in the performance of this Agreement (including but not limited to the failures by NETMARBLE to comply with its obligations contained in this Agreement) by an event of force majeure, reasonably unpredictable events occurring beyond the control of NETMARBLE (including but not limited to, acts of God, war, terrorist attack, riot, embargo, acts of civil or military authorities, fire, flood, accident, strike, limitation on transportation facilities or unavailability of fuel, power, labor or materials).
- ASSIGNMENT AND TRANSFER
21.1. The User shall not assign any right or warrant hold directly or indirectly related to this Agreement or the Game and any of its services or contents, to any third party, without prior written consent of NETMARBLE.
21.2. NETMARBLE may assign all or part of its rights, warrants or obligations under this Agreement or related to the Game or any of its contents or services, at any time, to any third party, with giving notice to the User.
- JURISDICTION
The Parties of this Agreement hereby agree that the Istanbul Anatolia Courts and Enforcement Offices shall have exclusive jurisdiction to settle any dispute between NETMARBLE and its Users related to the Game and any of its contents or services provided by NETMARBLE.
- INTERPRETATION OF THE AGREEMENT’S EFFECT
User’s consent to agree on this Agreement, NETMARBLE and User’s adoption of this Agreement or User’s use of the Game and any of its contents or services shall not constitute and not be interpreted as joint venture, partnership, agency, employment or any other similar relationship between the Parties. This Agreement shall not affect any other previous agreements between the Parties as long as these previous agreements shall not contravene the provisions of this Agreement.
- NON-WAIVER
NETMARBLE’s failure to exercise any provision contained in this Agreement shall never be interpreted as a waiver or shall not constitute relinquishment of the Parties’ right to assert or rely upon the provision in question or any other provision in this Agreement.
NETMARBLE’s explicit waiver of any provision in this Agreement shall never constitute NETMARBLE’s relinquishment of its obligation to act according to the provision in question in the future.
