Terms of Service - Pickcel Games

1. Scope

Pickcel operates online mobile gaming services, websites, and mobile applications specifically designed and tailored to enhance the user gaming experience.

Prior to engaging with any website ("Site") or mobile games/applications and services (collectively referred to as the "Services") provided by Pickcel Games Oyun Ve Yazilim Anonim Şirketi ("Company" or "Pickcel"), it is important that you carefully review and agree on the following Terms of Service Agreement (hereinafter referred to as the "Agreement" or "Terms of Service").

2. Terms and Binding Effect

This Agreement constitutes a legally binding contract between yourself and Pickcel.

By accessing the Site or any Services furnished by Pickcel, you signify your unequivocal acceptance of these Terms of Service. Pickcel reserves the unilateral right to amend these Terms of Service at its sole discretion, without prior notification. Updated terms will be duly posted on the Site, and it remains your responsibility to review them periodically. Your continued utilization of the Services subsequent to any modifications to the Terms of Service shall be construed as acceptance of those changes.

This Agreement supersedes all preceding agreements, representations, warranties, and understandings between you and Pickcel pertaining to the subject matter contained herein, thereby exclusively governing your use of the Site, its content, and any products or services provided through the Site.

In the event of a breach of these Terms of Service, Pickcel reserves the right to initiate appropriate action, which may include, but is not limited to, the termination of your account and cessation of access to the Services.

3. Privacy Considerations

To ensure the effective delivery of the Services, Pickcel may necessitate the collection of certain information from you. We take your privacy seriously. For full details on what data we collect, how we use and manage it, and your choices regarding your information, please see our Privacy Policy.

4. Age Requirements for Users

Users between the ages of 13 and 18 are required to obtain parental or legal guardian consent for the utilization of Pickcel' Services. If you're a parent or legal guardian who allows a teenager to use our Services, you agree to:

Understand and use any parental controls we offer as you see fit.
Oversee your teenager's use of our Services.
Protect them from potential negative consequences, for instance, by setting reasonable time limits.
Ensure their use of our Services follows these Terms.
Be legally accountable for any actions or inactions by you or your child related to their use of our Services.

Our Services are not directed to children under the age of 13 (or under the minimum legal age in your jurisdiction if higher). We do not knowingly collect or solicit personal data from children under these ages. If we become aware — through any method, including age verification measures — that we have collected personal data from a user under the applicable minimum age, we will promptly delete the data and terminate their account.

If you believe your account was removed in error due to age verification, please contact us at info@pickcelgames.com

5. User Obligations

When you use our services, you agree not to do any of the following:

Illegal or Prohibited Use:

Use our services if local laws prohibit you from doing so.
Continue using our services after we've asked you to stop.
Violate any applicable law, regulation, government order, or our own rules (like our Community Guidelines).
Infringe on anyone's intellectual property, privacy, or other rights.

Account Misuse:

Sell, rent, or give away your account (including your user ID, profile, and game progress).
Use your account for any commercial purposes.
Create an account with false information or on behalf of someone else.

Harmful or Disruptive Behavior:

Act in a way that we believe goes against the spirit or intent of our services.
Abuse or improperly use our support services.
Harass or threaten other players.
Use offensive language (like harmful, abusive, hateful, or pornographic content).
Engage in unlawful chats or communications.
Disrupt normal application flow or negatively affect others' ability to use our services.

Technical Interference & Cheating:

Cheat, hack, interfere with, tamper with, or damage our services, servers, or systems in any way (e.g., by submitting viruses, overloading, or spamming).
Test our system's vulnerabilities, or bypass our security without permission.
Attempt to modify, reverse-engineer, decompile, or disassemble our services (including their source code).
Host, provide matchmaking for, or intercept/emulate our communication protocols.
Create or use cheats, exploits, "mods," bots, or any unauthorized software designed to modify our services or user experience.
Transmit viruses or malicious code to us or through our services.
Modify, reverse-engineer, or otherwise interfere with the proper functioning of the Services.
Deploy third-party software to modify or interfere with the Services.
Hosting or providing unauthorized access to Pickcel' games or mobile applications.

Unauthorized Commercial & Data Use:

Transmit any advertising, promotional materials, or solicitations through our services.
Collect or store personal data about others for commercial purposes, harassment, or in ways that violate their privacy or human rights.
Use any payment card without the cardholder's authorization.

Intellectual Property & Branding:

Remove, alter, or hide any copyright, trademark, or proprietary notices on our services.
Use our or our licensors' trademarks, service marks, or tradenames (or variations) without authorization.

Attempts & Encouragement:

Attempt to do any of the above.
Encourage anyone else to do any of the above.

To the fullest extent permitted by applicable law, we may limit, suspend, modify or terminate your access to our Services, at our sole discretion, at any time and without notice to you, including if you are, or we suspect that you are, failing or will soon fail to comply with any of these Terms or for any actual or suspected illegal or improper use of our Services. Any such termination or suspension will not affect any other rights we may have under applicable laws.

6. Virtual Items

You might be able to buy limited, non-transferable, and revocable virtual currencies (like virtual cash or in-game coins) and virtual in-game items (together, "Virtual Items") with real money. You can also purchase other goods or services within our games for your personal and non-commercial enjoyment.

Pickcel Games owns or has exclusive rights to everything in our games, including the games themselves, applications, code, characters, artwork, sounds, and all other content. These are protected by copyright and other intellectual property laws. This means no one else has the right to sell any game or mobile application content from Pickcel Games in any manner.

You need to understand that Pickcel has complete control over Virtual Items. We can manage, regulate, control, change, or even remove them at any time, for any reason, with or without notice. If we do this, we won't be responsible to you or anyone else.

You don't own Virtual Items. Therefore, you cannot sell in-game items for real money or exchange virtual currency items outside of Pickcel Games' games and mobile applications. You acknowledge that you have no property rights whatsoever in virtual currency items and that you cannot use Pickcel Games virtual currency for any purpose outside of our games and mobile applications.

You have no ownership rights, title, or interest in them, even if you paid for access. Your "purchase" grants you only a conditional, limited, personal, non-transferable, and revocable permission to use them as we allow.

Unless Pickcel Games explicitly give permission to you:

Don't transfer Virtual Items to other users.
Don't buy or sell Virtual Items for real-world money or exchange them for value outside of our services.
Pickcel Games doesn't recognize any such unauthorized transfers, sales, gifts, or trades of anything that appears in our services.

Any attempt to do these things violates our Terms of Service. This will lead to the automatic termination of your rights to use Virtual Items and may result in your account being terminated.

If your account is terminated or suspended for any reason, or if Pickcel stops providing services, all your Virtual Items will be forfeited.

You agree that you won't make any claims against Pickcel Games (including our affiliates, directors, officers, employees, agents, service providers, or licensors) regarding:

A claim that you own any Virtual Items.
A claim for any alleged monetary value of Virtual Items lost if your account is deleted or suspended, or if these terms are changed or end.

7. Payments

Please note that all payments you make for our services, including for Virtual Items, are generally non-refundable. We might offer a refund, but only at our discretion and as allowed by law.

You are fully responsible for all charges made through your account or app marketplace account used to access our services. This includes any charges made by a third party, even if you didn't specifically authorize them.

Additionally, you understand that if our services are terminated for any reason (even without notice), or if we suspend or end your access, you will not receive a refund, money, or any compensation for unused Virtual Items you've paid for, unless otherwise required by law.

We can change or update our services at any time. This includes amending the availability, features, descriptions, or any terms related to Virtual Items offered for purchase. Just because a service or Virtual Item is available now doesn't guarantee it will be available in the future. All these changes become effective immediately once we post the new terms on our services.

8. License

Subject to your continued adherence to these Terms and any other relevant policies, we grant you a conditional, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and utilize our Services for personal, non-commercial entertainment purposes only.

We reserve the exclusive right to determine what conduct constitutes a violation of our rules of use or otherwise deviates from the intent or spirit of these Terms or the Services themselves.

9. Intellectual Property

All rights, title and interest in and to our Services, including any games, applications, titles, computer code, themes, objects, characters, names, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, moral rights, documentation, in-game chat transcripts, Virtual Items, videos, audio, photos, advertising, images, text, designs, user profiles, gameplay mechanics, features, visual interfaces, branding (such as trade names, trademarks, service marks or logos), server software, metadata and other materials, and compilations, selections and arrangements of these materials, are owned by or licensed to us, subject to copyright and other intellectual property rights under applicable laws and international conventions. Therefore, no one other than us or parties that we have authorized has any right whatsoever to sell our Services. You acknowledge that you have no property rights whatsoever in our services, including virtual items.

10. Your User Account and Content

When you use our services, you agree to follow all applicable laws and to respect everyone's intellectual property rights.

You must not upload, download, display, perform, transmit, or share any information or content (what we call "User Content") through our services that violates someone else's copyrights, trademarks, or other intellectual property or ownership rights. You are solely responsible for any violations of laws or infringements of third-party rights caused by any User Content you provide, transmit, or that's sent using your account. It is solely your responsibility to prove that your User Content doesn't break any laws or violate third-party rights. If you become aware of, or even suspect, any copyright or trademark infringement by us or others on our services, you must report it to us immediately.

You are solely responsible for how you interact with other users of our services. To the fullest extent allowed by law, you agree that you won't bring any claims against us related to User Content (yours or someone else's), including claims for defamation, harassment, or false endorsements.

We can remove any User Content at our discretion, without notice.

How We Can Use Your User Content

By submitting any User Content to our services, you give us an unconditional, permanent, non-exclusive, royalty-free, and fully transferable, and worldwide license to use, modify, reproduce, create new works from, publish, transmit, and distribute your User Content in any format, on any platform, now or in the future. This also allows other users and third parties to view, access, use, download, modify, reproduce, publish, and transmit your User Content.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW AND NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR SERVICES ARE "AS IS" AND WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ALL OF THE CONTENT OF THE SERVICES WILL BE ACCURATE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PICKCEL NOR ITS AFFILIATES WILL BE LIABLE IN ANY WAY FOR DAMAGE OR LOSS OF ANY KIND RESULTING FROM POSSESSION, USE, OR MALFUNCTION OF THE SERVICES (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE FULLEST EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT AND UNDER ANY THEORY OF LIABILITY WILL OUR LIABILITY EXCEED THE LESSER OF (A) THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENCE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR ANY OTHER PART OF OUR SERVICES OR; (B) THE AMOUNT YOU PAID TO US DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

12. Indemnification

YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD PICKCEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS OR DEMAND, INCLUDING ATTORNEYS' FEES, ARISING OUT OF YOUR BREACH OR ALLEGED BREACH OF THESE TERMS, YOUR VIOLATION OF RULES FOR OUR SERVICES AND GAMES, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, OR ANY ACTION BY YOU THAT REQUIRES ENFORCEMENT OF THESE TERMS. NOTHING IN THESE TERMS WILL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS. YOU FURTHER AGREE THAT YOU WILL NOT SUE OR RECOVER ANY DAMAGES FROM PICKCEL, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNER, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY SERVICE, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PICKCEL'S CONCLUSION THAT A VIOLATION OF THESE TERMS HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THESE TERMS.

13. General Terms

13.1 The terms and conditions of this Agreement constitute the entire agreement between you and Pickcel with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

13.2 The failure or delay of Pickcel to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. The express waiver by Pickcel of any provision, condition, or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

13.3 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or enforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

13.4 You are not allowed to assign this Agreement or any rights hereunder. Pickcel is allowed at its sole discretion to assign this Agreement or any rights hereunder to any affiliate or any third party, without giving prior notice.

13.5 This Agreement remains effective until terminated. Should you breach any of the terms stated in this Agreement, or Pickcel suspects that You are failing to comply with any terms of this Agreement, the limited license aforementioned shall be deemed terminated automatically with or without notice to you. In addition, Pickcel shall have the right to terminate this license and suspend and/or cancel any account with or without cause at any time without incurring any liability. Upon termination of this limited license, you shall immediately destroy any downloaded content, stop using the Services and uninstall the software/application. You acknowledge and accept that you may lose your username, Virtual Items, scores, and/or avatar, as a result of such termination or restriction. Also, you acknowledge and accept that you may lose any benefits, privileges, earned items, gifted items or purchased items associated with your use of the Service. Pickcel is under no obligation to compensate you for any such losses or results.

13.6 This Agreement shall be governed by and construed in accordance with the Laws of Republic of Turkey. The parties agree that any and all disputes, controversies and claims arising out of or in connection with the Agreement, or the breach, termination or invalidity thereof, shall be settled in the Courts and Enforcement Offices of Istanbul exclusively.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SERVICES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO PICKCEL THE RIGHTS SET FORTH HEREIN.