AGREEMENT AND SERVICES
IF YOU ARE NOT CONSIDERED TO BE A RESIDENT OF THE EUROPEAN UNION ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND Kodgraf Game Studio, INC.
IF YOU ARE CONSIDERED TO BE A RESIDENT OF TURKEY ON THE BASIS OF THE INFORMATION THAT YOU PROVIDE TO US, THESE TERMS ARE ENTERED INTO BETWEEN YOU AND Kodgraf Game Studio TURKEY, WHICH HAS ITS REGISTERED ODTU TECHNOPOLIS KOSGEB SEM-2 BUILDING NO:B-2 ÇANKAYA/ANKARA/TURKEY.
Use of the Kodgraf Software, as hereafter defined, is governed by the Kodgraf Game Studio, Inc. End User license.
If you create a Kodgraf account within any Kodgraf Offering, you must provide truthful and accurate information to us in creating such account. If Kodgraf has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Kodgraf may suspend or terminate your ability to use or access a Kodgraf Offering, and refuse any and all current or future use of or access to any or all Kodgraf Offerings (or any portion thereof). Kodgraf requires all users to be over the age of thirteen (13).
Kodgraf reserves the right to limit the number of accounts a user can establish. This limit may change over time in our sole discretion.
When you access a Kodgraf Offering, send e-mails or electronically chat with Kodgraf, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices in the Kodgraf Offerings. You agree that all agreements, notices, disclosures and other communications that Kodgraf provides to you electronically satisfy any legal requirement that such communications be in writing.
Certain Kodgraf Offerings may provide you with the opportunity to license a variety of virtual items such as virtual currency, virtual goods, additional levels and content packs (“virtual items”) that can be used while playing the Kodgraf Offering. You may be required to pay a fee to obtain virtual items. When you use virtual items within a Kodgraf Offering, any virtual items that you have purchased will be deemed used before any virtual items that you have earned.
You have no property interest in any virtual items. Any purchase of virtual items, and virtual items accumulated through any applicable Kodgraf Offering membership benefits, are purchases of a limited, non-transferable, revocable license to use those virtual items within the applicable Kodgraf Offering. Virtual items may not be transferred or resold for commercial gain in any manner, including, without limitation, by means of any direct sale or auction service. Virtual Items may not be purchased or sold from any individual or other company via cash, barter or any other transaction. Virtual items have no monetary value, and cannot be used to purchase or use products or services other than within the applicable Kodgraf Offering. Virtual items cannot be refunded or exchanged for cash or any other tangible value.
Kodgraf may manage, regulate, control, modify or eliminate your virtual items in our sole discretion, and Kodgraf will have no liability to you or anyone for exercising those rights. In addition, all virtual items are unconditionally forfeited if your Kodgraf Offering account is terminated or suspended for any reason, in Kodgraf’s sole discretion, or if Kodgraf discontinues any Kodgraf Offering or any portion or feature of any Kodgraf Offering.
SOCIAL NETWORK SITES
If you access a Kodgraf Offering via a third party social networking site (a “Social Game”), you should be aware that Social Games are only available to individuals who have registered with the social networking site through which s/he accesses Social Games. You agree that your social networking site account information is accurate, current and complete.
If Kodgraf has reasonable grounds to suspect that you have provided any information that is inaccurate, not current or incomplete, Kodgraf may suspend or terminate your ability to use or access Social Games and refuse any and all current or future use of or access to Social Games (or any portion thereof).
REVIEWS, COMMUNICATIONS AND SUBMISSIONS
We expressly reserve the right, but have no obligation, to: (a) monitor any communications within the Kodgraf Offerings, including, without limitation, to ensure that appropriate standards of online conduct are being observed, and (b) immediately or at any time remove any content that we deem objectionable or unsuitable in our sole discretion. Kodgraf does not endorse, approve, or prescreen any content that you or other users post or communicate on or through any Kodgraf Offerings. Kodgraf does not assume any responsibility or liability for any content that is generated, posted or communicated by any user on or through the Kodgraf Offerings. You agree to indemnify Kodgraf and each of their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers from any liability or damages arising out of or resulting from any content you post or communicate on or through the Kodgraf Offerings.
Posting, transmitting, promoting, or distributing any content that is illegal
Harassing or threatening any other user of a Kodgraf Offering or any employee or contractor of Kodgraf
Impersonating another person, indicating that you are a Kodgraf employee or a representative of Kodgraf (if you are not), or attempting to mislead users by indicating that you represent Kodgraf in any way
Attempting to obtain a password, other account information, or other private information from any other user of a Kodgraf Offering
Uploading any software, files, photos, images or any other content to a Kodgraf Offering that you do not own or have the legal right to freely distribute, or that contain a virus or corrupted data, or any other malicious or invasive code or program
Posting messages for any purpose other than personal communication, including without limitation advertising, promotional materials, chain letters, pyramid schemes, political campaigning, soliciting funds, mass mailings and sending “spam”, or making any commercial use of any Kodgraf Offering.
Disrupting the normal flow of dialogue, or otherwise acting in a manner that negatively affects or disrupts other users.
Improperly using any game support functions or complaint buttons, or making false complaints or other reports to Kodgraf representatives.
Posting or communicating any player’s real-world personal information within a Kodgraf Offering or by or through a Kodgraf Offering or any related bulletin board.
Uploading or transmitting, or attempting to upload or transmit, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, gifs, 1×1 pixels, web bugs, and other similar devices.
Using or launching any automated system, including, without limitation, any spider, bot, cheat utility, scraper or offline reader that accesses a Kodgraf Offering, or using or launching any unauthorized script or other software.
Using a false e-mail address or otherwise disguising the source of any content that you submit within a Kodgraf Offering, or using tools which anonymize your internet protocol address.
Interfering or circumventing any Kodgraf Offering security feature or any feature that restricts or enforces limitations on use of or access to a Kodgraf Offering.
Attempting to sell any part of a Kodgraf Offering, including, without limitation, any virtual items (if applicable), Kodgraf accounts and access to them in exchange for real currency or items of monetary or other value.
Engaging in cheating or any other activity that Kodgraf deems to be in conflict with the spirit of a Kodgraf Offering.
Public Nature of Communications
You acknowledge and agree that your submitted content, including your reviews and your communications with other users via online messaging, private messaging, forums or bulletin boards, and any other similar types of communications and submissions on or through any Kodgraf Offering, are non-confidential, public communications, and you have no expectation of privacy concerning your use of or participation in any Kodgraf Offerings (other than with respect to the information you provide to us in establishing your Kodgraf account(s), if applicable). You acknowledge that personal information that you communicate publicly within any Kodgraf Offering may be seen and used by others and may result in unsolicited communications. Kodgraf is not liable for any information that you choose to submit or communicate to other users on or through any Kodgraf Offerings, or for the actions of any other users of any Kodgraf Offering.
You represent and warrant that you have all necessary rights in and to any materials that you post within any Kodgraf Offering, that such materials do not infringe any proprietary or other rights of third parties, that all such content is accurate and will not cause injury to any person or entity, and that you will indemnify Kodgraf and their respective employees, contractors, officers, directors, shareholders, agents, representatives, vendors, and content providers for all claims resulting from your submitted and posted content. If any such materials incorporate the name, voice, likeness and/or image of any individual, you represent and warrant that you have the right to grant Kodgraf permission to use any such name, voice, likeness and/or image of such individual appearing in the materials you post throughout the world in perpetuity. Once you post or communicate any content or materials on or through a Kodgraf Offering, you expressly grant Kodgraf the complete, worldwide, fully sublicensable and irrevocable right to quote, re-post, use, reproduce, modify, adapt, publish, translate, create derivative works from, display, distribute, transmit, and broadcast such content or materials, including without limitation the name you submit in connection with such content or materials, in any form, with or without attribution to you, and without any notice or compensation to you of any kind. We reserve the right to immediately remove any content that may be considered, in our sole discretion, in violation of the rights of any third party.
Commercial Activity and Unsolicited E-mail
You may not use any portion of the Kodgraf Offerings to collect information, including login names, about other users, and use of such information to send unsolicited e-mail or for any other purpose is strictly prohibited. You may not advertise any goods or services on any Kodgraf Offerings, or otherwise exploit your participation on or through any Kodgraf Offerings for any commercial purpose.
When you post a review, we will display your rating of the Kodgraf Offering, along with your user name and certain other information you may provide, such as your city and state location, skill level, favorite game and favorite genres. By submitting a review, you are consenting to the release of all information that you provide in that review to a public forum. If you do not want any such information to be shared in a public forum, do not use the review feature.
KODGRAF SOFTWARE AND KODGRAF INSTANT GAMES
NEITHER KODGRAF GAME STUDIO, INC. NOR ITS LICENSORS NOR KODGRAF GAME STUDIO, TURKEY, IS LIABLE FOR ANY DAMAGES IN CONNECTION WITH YOUR USE OF ANY KODGRAF SOFTWARE OR KODGRAF INSTANT GAMES (INCLUDING LIABILITY FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE), AND THE ENTIRE RISK OF USE, INCLUDING, WITHOUT LIMITATION, ANY DAMAGE TO YOUR COMPUTER HARDWARE OR SOFTWARE, RESULTING FROM ANY USE OF THE KODGRAF SOFTWARE AND KODGRAF UNILIMITED, RESIDES WITH YOU.
THIRD PARTY LINKS and THIRD PARTY CONTENT AND SERVICES
Any and all software, content and services (including advertising) within a Kodgraf Offering that are not owned by Kodgraf are “third party content and services”. Kodgraf acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition and without limiting the generality of the foregoing, certain Kodgraf Offerings may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. Kodgraf does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect.
TERMINATION OF ANY KODGRAF ACCOUNT
Kodgraf reserves the right to collect fees, surcharges or costs incurred before you cancel your Kodgraf account(s) or a particular subscription. In the event that your Kodgraf account or a particular subscription is terminated or cancelled, no refund will be granted, no online time or other credits (e.g., points in an online game) will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your account or anything associated with it (such as points, tokens or in-game items). Any delinquent or unpaid accounts must be settled before Kodgraf may allow you to create any new or additional accounts. All virtual items are unconditionally forfeited if your Kodgraf account is terminated or suspended for any reason, in Kodgraf’s sole discretion, or if Kodgraf discontinues any Kodgraf Offering that includes virtual items.
INTELLECTUAL PROPERTY RIGHTS
LIMITATIONS ON WARRANTIES AND LIABILITY
YOU EXPRESSLY AGREE THAT THE USE OF ANY KODGRAF OFFERING, KODGRAF SOFTWARE AND THE INTERNET IS AT YOUR SOLE RISK. ALL KODGRAF OFFERINGS AND KODGRAF SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, KODGRAF DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE KODGRAF OFFERINGS OR KODGRAF SOFTWARE AT ANY PARTICULAR TIMES OR LOCATIONS, OR THAT THE KODGRAF OFFERINGS, KODGRAF SOFTWARE, NEWSLETTERS, E-MAILS OR OTHER COMMUNICATIONS SENT FROM KODGRAF ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH KODGRAF IS TO STOP USING THE KODGRAF OFFERINGS AND KODGRAF SOFTWARE, AND TO CANCEL ANY AND ALL OF YOUR KODGRAF ACCOUNTS, IF APPLICABLE. YOU ACKNOWLEDGE AND AGREE THAT KODGRAF IS NOT LIABLE FOR ANY ACT OR FAILURE TO ACT ON ITS OWN PART, OR FOR ANY CONDUCT OF, OR COMMUNICATION OR CONTENT POSTED WITHIN A KODGRAF OFFERING BY, ANY KODGRAF OFFERING USER. IN NO EVENT SHALL KODGRAF’ OR ITS EMPLOYEES’, CONTRACTORS’, OFFICERS’, DIRECTORS’ OR SHAREHOLDERS’ LIABILITY TO YOU EXCEED THE AMOUNT THAT YOU PAID TO KODGRAF FOR YOUR PARTICIPATION IN ANY KODGRAF OFFERING. IN NO CASE SHALL KODGRAF OR ITS EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS OR SHAREHOLDERS BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY KODGRAF OFFERING OR KODGRAF SOFTWARE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SUCH LIABILITY SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT KODGRAF IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KODGRAF LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF KODGRAF OFFERINGS AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING KODGRAF OFFERINGS AND KODGRAF SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU.
IMPORT TAXES AND FEES
When you buy physical goods (e.g. CD-ROM) through any Kodgraf Offering for delivery outside the Turkey, you are considered an importer and, as between you and Kodgraf, you will be responsible for payment of all taxes, duties, fees or other charges that may be applicable to such importation, including VAT, and you must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
EXPORT CONTROL LAWS
Certain Kodgraf Offerings may be subject to Turkey and international export controls. By accessing Kodgraf Offerings, you warrant that you are not located in any country, or exporting any Kodgraf Offerings, to any person or place to which the Turkey, European Union or any other jurisdiction has embargoed goods. You agree to abide by all applicable export control laws and further agree not to transfer or upload, by any means electronic or otherwise, any Kodgraf Offerings that may be subject to restrictions under such laws to a national destination prohibited by such laws without obtaining and complying with any required governmental authorizations.
OTHER LEGAL TERMS
APPLICABLE LAW AND JURISDICTION
STATUTE OF LIMITATIONS
Kodgraf Game Studio, Inc.
ODTU TECHNOPOLIS KOSGEB
SEM-2 BUILDING NO:B-2