GENERAL PROVISIONS
This mobile application (“Beastrikers“) has been distributed by Rune Technologies (“Rune Games”) and all rights, including all title, property and intellectual property rights related to Beastrikers belong to Rune Games and our subsidiaries and licensors. In order to use the services offered by Rune Games, to use Beastrikers, to benefit from Beastrikers and to gain access to Beastrikers, please read the following conditions carefully.
- Using the app means you have accepted or you are subject to the terms of the Agreement.
This Agreement is between you (the “User”) and Rune Games. Within the scope of the Terms of Use, “Services” covers, separately or together, Beastrikers, its website, the software, the virtual products and money, other services we provide and support services related to them within the scope of Beastrikers. Third parties who benefit from the services/information provided within Beastrikers or provide access to Beastrikers in any way for whatever purpose are deemed to have accepted the following terms of use. For this reason, you should carefully read this Agreement, which regulates the rights, obligations, and authorities of the parties. We would like to remind you that by using Rune Games’ services, you accept these terms, and you will be legally bound by these terms and that you can benefit from these services only if you accept the following terms. If you do not want to be bound by these terms, please terminate your access to Rune Games services and to Beastrikers as well as your use of those.
Additionally, before using our services, we also recommend you to read the Data Retention & Construction Policy section regarding how Rune Games processes your data: http://beastrikers.com/data-retention-destruction-policy/Accessing Services through Application Stores
Some of the Services offered by Beastrikers or Rune Games may be used by accessing via Sosyal Lig’s website or application store/platform Google Play Store Apple App Store, etc. (“Application Store“)) or by downloading from this platform. Your use of Beastrikers or the Services offered by Rune Games is also subject to any applicable agreements you have with any Application Store (the “Application Store Agreement(s)”). In the event of a conflict between the Application Store Agreement(s) you have used to access Beastrikers or other Rune Games Services and these Terms of Use, the Terms of Use shall prevail.
These Terms of Use shall enter into force as soon as they are published on Beastrikers and shall be binding for the User who uses Beastrikers in any manner and logs in to Beastrikers without the need for any further action. The User may access the current version of these Terms of Use at any time through Beastrikers and its website.
The subject of the Terms of Use hereby is, but not limited to, sharing of any news, photographs, articles, audio-visual products, any data, any intellectual and artistic products that may or may not qualify as a work, and/or any information determined by Rune Games through Beastrikers, making them accessible to third parties, and setting the limitations on how the User may access the advertisements for various products and/or services to be determined unilaterally by Rune Games, other websites, links to applications and all kinds of audiovisual and/or audiovisual works (“Content”) through Beastrikers and how such Content may be used by the User.
CONDITIONS FOR BENEFITING FROM OTHER SERVICES OF BEASTRIKERS AND RUNE GAMES
- Beastrikers and Services can be accessed with a user account. Your Beastrikers user account is separate from the account you use in the Application store/platform. To the extent that you create your Beastrikers Account using a third-party account (for instance your Facebook or Google account), we may access certain personal information such as your email address and name provided to us by that third party to help you to create your Beastrikers Account. You can find detailed information on the use of data provided from third-party accounts in our Data Retention & Construction Policy http://beastrikers.com/data-retention-destruction-policy/
- The User is obliged to ensure the security of the login information they create by changing their information in the first stage or later. The User knows that the account they have acquired is exclusive to their personal use, and they accept, declare and undertake that they are personally responsible for the transactions carried out through this account. As the responsible person for the security of the account, the User accepts, declares, and undertakes that they shall not make any plea and/or objection asserting that the transactions performed with the account have not been performed by the User and/or shall not refrain from fulfilling their obligations on the grounds of this plea or objection.
- The “User” is responsible for all kinds of pecuniary and/or non-pecuniary damages that other users and/or Rune Games and/or third parties suffer or may suffer due to their negligence or defects on the subject matter.
- In the event that the information declared by the User is found to be unlawful and unreal or if the User loses one of its conditions, the account of the User shall immediately be canceled without any notification.
- The personal data received from the Users may be transmitted to other users who may be parties to the disputes between the User and Rune Games regarding forgery, fraud, and misuse of Beastrikers; and to relevant third parties in connection with disputes or matters that may constitute a criminal offense, solely for the purpose of exercising legal rights, limited to the requested subject matter, and in compliance with applicable data protection and data transfer regulations.
CODE OF CONDUCT
- The User is obliged to act in good faith, complying with general rules of law and Terms of Use when playing Beastrikers and/or using the Services. Provided that it is not limited to them, the following cases constitute a violation of this user agreement. In cases different from those below, Rune Games reserves the right to unilaterally determine the codes of practice that may constitute a violation of the Agreement according to the characteristics of the case.
- Cheating: Performing behaviors and transactions that may be considered as cheating or unfair competition, encouraging or allowing others to do these behaviors or participating in such; Interacting with Beastrikers’ software, using plugins, bots, mods, hacks or other automated systems to cheat or to use it for unfair advantage;
- FakeUser Accounts: The creation of fake user accounts by using false or misleading personal data, including false or misleading residence address, electronic mail address, contact, payment or account information, and the use of these accounts in defiance of the Terms of Use or the legislation in force, including the use of another user’s account for cases including upgrading their status, level, or rank;
- Modifying the Game: Using Beastrikers wholly or partially in order to disrupt, to change or to make reverse engineering;
- Damaging the Game: Spreading a virus or any other technology to the Beastikers database, which may be harmful to any content on Beastrikers;
- Copying the Game: Infringing Rune Games’ intellectual and industrial property rights or publishing or using any content owned by Rune Games by copying them as a whole or partially without permission;
- Violation of User Data: Collecting any information about users, including their e-mail addresses, without the consent of the relevant persons or using them on other platforms.
- Selling Beastrikers Content: Selling the Beastrikers content through unauthorized platforms, a content changing the related one, purchasing, renting, licensing, distributing, sharing, exchanging or transferring or making them available in a different manner;
- Abuse of Rights: Usingthe Services offered by Rune Games, the campaigns and advantages offered within Rune Games in bad faith and in an effort to provide unfair benefit, and violating the campaign conditions in bad faith;
- Misuse: Using Beastrikers or other services provided by Rune Games commercially, for the purposeof promoting your own services or for the benefit of any third party, or using in any other manner that is not permitted by these Terms of Use;
CHANGES IN TERMS OF USE
- Rune Games reserves the right to unilaterally update and change Beastrikers and/or the information, forms, all kinds of content and/or the Terms of Use, all kinds of policies, terms and conditions including Clarification Texts at any time. Rune Games may exercise this right without giving any notice and time. Users are obliged to perform the changes and/or adjustments requested by Rune Games immediately. Any damages, legal and criminal liabilities that arise or may arise due to the failure of the users to fulfill the change and/or adjustment requests requested by Rune Games in a timely manner shall be borne entirely by the users. In the event that the Terms of Use change, you may access its current version on the website or on the relevant application. The amended provisions of these Terms of Use shall become effective on the date they are announced within Beastrikers, and the remaining provisions shall remain in force and continue being effective.
- Rune Games may unilaterally change the limit and manner of the use of Beastrikers; it may temporarily suspend or completely stop the access to Beastrikers, to the operation of the system, to the service it provides to the User, and to the privileges it provides at any time without any time limit; it may delete the accounts of users detected to be inactive; it may change Beastrikers and the Content, the method and the purpose of its use as well as the technique of its use and its publishing; it may extend/shorten the period of use; it may restrict or completely stop its use; it make any changes in the purposes of using, terminating or amending these Terms of Use. The User accepts, declares, and undertakes that in the event that the system is temporarily suspended or completely shut down and/or the conditions are changed, they shall not claim any vested rights and Rune Games shall have no responsibility.
THIRD-PARTY SERVICES
- Rune Games may establish connection to websites, applications, contents and/or files that are owned or operated by third parties and are not under Rune Games’ control by providing links on Beastrikers. These links are provided solely to ease the reference and they neither aim to support the relevant website, its content or the person operating it, nor provide a representation, a commitment or a guarantee about the website and/or the information therein. Rune Games has no commitment, guarantee, legal and/or criminal liability whatsoever for the products or services promoted or promised by the advertisements in Beastrikers and/or the websites, files and contents accessed through the links within Beastrikers, the services or products offered by the website accessed through these links or the contents thereof.
LIMITATION OF LIABILITY
- Rune Games or all its subsidiaries and affiliates where Rune Games is a direct and/or indirect shareholder, Rune Games’ employees and managers are not liable in any way for any damages that the User may suffer due to the utilization and access of Beastrikers. Rune Games does not accept any responsibility for interruption, deletion, loss, delay of operation or communication, computer virus, communication error, system error; no access to Beastrikers, theft, destruction or unauthorized entry, modification or use of records.
- The User accepts and declares that they will act in accordance with these Terms of Use, all conditions specified in Beastrikers, prevailing legislation and moral rules in their transactions on Beastrikers. The legal and criminal liability for the transactions and actions of the User within Beastrikers belongs to them. Rune Games cannot be held responsible in any way directly and/or indirectly for any damage that third parties suffer or may suffer due to the User’s activities on Beastrikers in violation of the provisions of these “Terms of Use” and the law. In the event of a loss, Rune Games reserves its right of recourse.
- TO THE FULL EXTENT PERMITTED BY LAW, BEASTRIKERS AND OTHER SERVICES PROVIDED BY RUNE GAMES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY. WITHOUT LIMITING THE FOLLOWING, PARTIES OF RUNE GAMES EXPRESSLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USAGE AND NON-INFRINGEMENT. Rune Games does not take any responsibility for the inability to access Beastrikers for any reason, including but not limited to maintenance, repair works, technical failures, late delivery, or interruptions of Rune Games’ services. Rune Games does not make any claim or commitment that the Beastrikers and Services are error-free, flawless, uninterrupted, perfect or will meet the User’s specific needs. It may make all kinds of changes, updates and similar works on Rune Games, Beastrikers and other Services.
- Rune Games shall not be liable for any direct or indirect damages due to;
- Usage, non-usage, misuse of Beastrikers or User’s failure to fulfill the commitments and obligations specified in the Terms of Use;
- All hardware, system software/other software and network-related function and therefore failures; from communication network, internet connection, connection errors, operating system incompatibilities;
- All kinds of changes, updates and similar actions to be carried out on Beastrikers or errors and failures that may occur as a result of these;
- Voltage fluctuations, battery and power outages, virus transmission and similar factors;
and all kinds of pecuniary, non-pecuniary and financial damages such as loss of profit, loss of data, loss of business, loss of reputation, loss of anticipated savings, interruption of business, and any compensation claims that may be made by the “User” or a third party in this context.
TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RUNE GAMES SHALL NOT BE LIABLE FOR ANY OF THE FOLLOWING LOSS ITEMS; SUCH LOSS ITEMS ARISE OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES PROVIDED BY RUNE GAMES OR THE DELAY OR UNAVAILABILITY OF THE SERVICES, IN NO EVENT SHALL RUNE GAMES NOT BE LIABLE FOR ANY LACK OF FUNCTIONALITY OR FOR ANY BREACH OF CONTRACT OR WARRANTY, EVEN IF CAUSED BY RUNE GAMES’ FAULT, WRONGFUL ACT (INCLUDING NEGLIGENCE), STRICT LIABILITY, INDEMNITY, BREACH OF CONTRACT OR BREACH OF WARRANTY:
- LOSS OF PROFIT,
- REVENUE LOSS,
- REGISTRATION LOSS,
- DATA LOSS OR
- ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES,
FURTHER, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, RUNE GAMES’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR SERVICES SHALL NOT EXCEED: (A) THE AGGREGATE AMOUNT (IF ANY) PAID TO YOU OR PAYABLE TO US FOR SUCH SERVICE WITHIN SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO SUCH LIABILITY; OR (B) THE AGGREGATE AMOUNT PAYABLE TO US, IF APPLICABLE, IS NOT APPLICABLE ($50 USD). THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES APPLY EVEN IF THEY DO NOT COVER YOUR LOSS.
COMPENSATION FOR DAMAGES
- The User shall not engage in any activity against Rune Games, other users and/or third parties by using Beastrikers. Rune Games shall have no direct and/or indirect, legal or criminal liability for any damages that third parties suffer or may suffer due to the User’s activities carried out/to be carried out on or through Beastrikers in violation of the legislation and these Terms of Use as well as the Privacy/Personal Data Protection Policy and Communication Permission. In the event that the User causes any damage to Rune Games and/or third parties by acting contrary to its obligation in this provision, it accepts, declares and undertakes that it shall compensate all kinds of material, moral, negative and positive damages immediately, fully paid in cash at the time of the first request without the need for a court decision.
- You agree to indemnify and hold harmless Rune Games and Rune Games’ employees, directors, agents, contractors from and against any and all damages (including but not limited to attorneys’ fees) arising out of or in any way connected with any and all claims, demands, losses, liabilities, damages and expenses arising out of or in connection with: (a) your access to or use of the Services, or (b) any claim that may constitute a breach by you of these Terms of Use. You agree that Rune Games shall have the right to recourse to you for any payment made or any damages incurred by Rune Games as a result of a court order or agreement of the parties.
- In the event that the User acts contrary to any provision of these Terms of Use, Rune Games has the right to make necessary interventions, suspend the service, restrict or block the services and access completely or partially. In the event that the User violates these Terms of Use, they accept, declare and undertake that they will compensate Rune Games for all kinds of material, moral, positive and negative direct and indirect damages immediately, in cash and at once at the time of the first request without the need for a court decision.
- The User is solely responsible for his/her interactions with other users and other parties with whom they interact through the Services or games. In the event of a dispute with one or more users, the User accepts, declares and undertakes that he/she will release Rune Games (its managers, directors, agents, affiliates, joint ventures and employees) from all claims, demands and damages (actual and consequential) arising out of or in connection with such disputes, whether known or unknown.
- Rune Games is legally entitled to Beastrikers and Content. The use and accessibility of Beastrikers and/or the Content by the User within the conditions to be provided by Rune Games does not give the User any intellectual and industrial property rights and/or any right ownership and disposition authority.
- You are granted the following license by Rune Games within the limits of these Terms of Use and as long as you comply with the Application Store/Platform Agreement(s) from where you have downloaded Beastrikers: (i) downloading and installing Beastrikers on the device permitted by the Application Store/Platform Agreement (s) and (ii) personal, non-exclusive, non-transferable, non-sublicensable limited rights and licenses to access and use Beastrikers content and Services provided to you. Rune Games and its licensees reserve all rights that are not granted to you in these Terms of Use. “Content” means all works of art, titles, themes, objects, characters, names, dialogues, slogans, stories, animation, concepts, sounds, audiovisual effects, methods of work, musical compositions, Virtual Products (defined in the Virtual Product and Virtual Money Terms of Use) and all other content within the Services. The Content also includes anything created or otherwise developed within the Services by any user (including you) as a result of interaction with the functionality of the Services. Rune Games may, in its sole discretion, remove, edit or deactivate any Content for any reason whatsoever.
- Rune Games, its subsidairies and licensors own all proprietary and intellectual-industrial property rights in Beastrikers and the Services provided. You agree not to remove, alter, or obscure any notices of copyright, trademark, service mark or other proprietary rights included in or accompanying Beastrikers and the Services. You understand and agree that you are not entitled to ownership in Beastrikers, the Services or the Content provided by Rune Games.
- Rune Games reserves the right to change or delete the information such as text, comments, photos, videos and so forth added by the Users at any time. Rune Games may exercise this right without any notice or prior notice. While using the services in the Beastrikers, the User accepts, declares and undertakes that they can only upload text, comment, message, sign, photo, video and so forth to the system; that the text, comment, message, sign, photo, video and so forth to be uploaded belongs to them; that they will not use any idea and art product of third parties and/or right holders, that they will not violate the rights of third parties in any way, otherwise that they will bear all legal, criminal, material and moral responsibility and that in the event that Rune Games suffers any damage for this reason, they will immediately, fully compensate the said damage in cash without the need for a court decision.
- In the event that the User violates the intellectual and industrial property rights of Rune Games and/or third parties by acting contrary to the commitments contained in these Terms of Use and causes any damage in any way, the User shall bear all legal and criminal liability for the violation; In the event that Rune Games and/or the relevant right holders are faced with any legal, administrative or criminal sanction or lawsuit, he/she shall be the sole addressee and he/she agrees, declares and undertakes that he/she shall compensate all kinds of pecuniary and non-pecuniary, negative and positive damages and/or the amounts that Rune Games will have to pay to third parties immediately, in cash and in lump sum at the time of the first demand, without the need for a court decision.
- The use of all kinds of ideas and art products, information and materials in the Beastrikers is subject to the permission of Rune Games. The User may not use any intellectual and artistic product, any information or material, regardless of its nature, without the express written permission of Rune Games; they shall not use Beastrikers to transmit any intellectual and artistic product, any information or material, regardless of its nature. Content, all kinds of news, information and other materials found within Beastrikers shall be used only with the written permission of Rune Games and under the terms and conditions permitted by Rune Games, and shall not be given, made available for use, reproduced, uploaded to another computer, posted, presented or published to third persons or entities without the prior written permission of Rune Games. Beastrikers shall not be used wholly or partially without permission on another website without citing the source. The User accepts, declares, and undertakes to comply with and not to violate the provisions of the Law on Intellectual and Artistic Works, Industrial Property Law and other legislation. Otherwise, Rune Games reserves the right to recourse to the User for any compensation and/or administrative/judicial fines that it has/will have to pay to public institutions and/or third parties.
MISCELLANEOUS PROVISIONS
Force Majeure
In the event that the insurrection, embargo, state intervention, riot, invasion, war, mobilization, strike, lockout, work movements or boycotts, worker-employer disputes, cyber-attack, communication problems, infrastructure and internet failures, system-related improvement or renovation works and failures that may occur due to this, power failure, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other event beyond the control of Rune Games (“Force Majeure“) prevents or delays Rune Games from fulfilling its obligations arising from these Terms of Use, Rune Games shall not be held responsible for its obligations that are hindered or delayed as a result of Force Majeure and this situation shall not be considered as a violation of these Terms of Use.
Severability
The invalidity of any provision of these Terms of Use wholly or partially shall not affect the validity of the other provisions of the Terms of Use unless expecting the opposite contradicts good faith.
Additional Policies
Rune Games may issue additional policies regarding Beastrikers or the Services it provides. Your right to use these services is governed by these special policies and these Terms of Use.
Entire Agreement
The Terms of Use, the Privacy Policy, and any documents expressly included in the scope of these Terms of Use through any additional policies and references constitute the entire understanding between you and Rune Games and supersede all previous electronic, oral, or written understandings between you and Rune Games regarding the subject matter of these Terms of Use.
No Waiver
Rune Games’ failure to exercise any of its rights arising out of these Terms of Use shall not be construed as an explicit or implicit, temporary or permanent waiver of Rune Games’ right/authority to exercise such right/authority; Rune Games may exercise such rights at any time.
Evidential Contract
The User accepts, declares, and undertakes that Rune Games’ books and records, including all kinds of digital records, and the records and data of the website and all kinds of information in the database shall constitute a valid, binding and conclusive evidence.
