1. SUBJECT MATTER OF THE AGREEMENT

1.1. Subject matter of the Agreement herein is;

Terms and conditions of use of all kinds of games, environment and platforms published or placed on the WWW.NETMARBLEEMEA.COM (hereinafter referred to as “the Website”) and owned by NETMARBLE EMEA LLC. or third parties, BUFF LOG IN SYSTEM providing access to the aforementioned games, environment and platforms and all kinds of games and digital content or data which are accessed and all kinds of products and/or services which are accessed on the Website or presented for sale (hereinafter referred to as “content”) and payment system infrastructures owned by third parties and used for the aforementioned transactions and for regulating the relationship between Netmarble EMEA FZ LLC., the publisher of the Website, (hereinafter referred to as “NETMARBLE”) and the User, arising out of or in relation to use of the Website and/or services and contents provided therein or making use of contents directly or indirectly in any manner.

WWW.NETMARBLEEMEA.COM WEBSITE PROVIDES ACCESS TO GAMES PUBLISHED BY NETMARBLE OR THIRD PARTIES OVER THEIR ENVIRONMENT AND INFRASTRUCTURE THROUGH BUFF LOG IN SYSTEM AND PROVIDES CONTENT AND PAYMENT SYSTEM INFRASTRUCTURE USING PAYMENT SERVICE INFRASTRUCTURE AND INTEGRATIONS ON THE BUFF WEBSITE TO ITS USERS.

BUFF WEBSITE IS NOT A GAME PORTAL AS A RULE AND THE WEBSITE PROVIDES BUFF LOG IN SYSTEM AND ACCESS TO USER ACCOUNTS RELATED TO GAME AND ENVIRONMENTS WHOSE OWNERS ARE CONTRACTORS WITH BUFF AND LET USERS USE OF PAYMENT SYSTEM INFRASTRUCTURES IN ACCORDANCE WITH TIME, TERMS AND CONDITIONS OF BUFF LOG IN SYSTEM INTEGRATION. DUE TO THIS REASON, NETMARBLE SHALL NOT GUARANTEE AND HAVE NO LIABILITY FOR THE QUALITY, DEFECT, SCOPE, SUSTAINABILITY, ACCESSIBILITY AND QUALIFICATION OR ANY OTHER FEATURE OF CONTENTS OR SERVICES PROVIDED IN PLATFORMS ACCESSED BY THE USER THROUGH BUFF LOG IN SYSTEM.

The WITHBUFF Website shall only be used for the purposes of entertainment, access to entertainment products or web pages providing digital games, web environment and platforms, making use of the aforementioned contens and payment system infrastructures integrated to WITHBUFF.

The User shall not use the Website for the purposes of commerce, generating income, or any other similar purposes.

The User shall agree that he/she may solely use services and contents on the Website in a non-commercial manner and for personal use.

1.2. NETMARBLE shall have right and authorization to change or update terms and conditions contained herein, contents or services provided on the Website or to make any other complete or partial changes and updates for presentation of new products or services or any other similar reasons. In this regard, NETMARBLE shall notify the User through the Website about changes and updates within a reasonable time.

1.3. The User shall not claim, demand or state that he/she is not notified about the aforementioned changes and updates by NETMARBLE and the aforementioned changes and updates cannot be applicable for the User, if the User has been directly notified by NETMARBLE or accessed to the Website after changes and updates made or made use of any contents mentioned herein.

 

2. PARTIES OF THE AGREEMENT

2.1. Parties of the Agreement herein are NETMARBLE EMEA LLC. and the User. THIS AGREEMENT SHALL BE APPLICABLE TO THE RELATIONS BETWEEN THE USERS AND THIRD PARTIES WHICH POSSESS ALL KINDS OF CONTENT, ENVIRONMENT, PRODUCT AND PAYMENT INFRASTRUCTURE INTEGRATED TO BUFF SYSTEM BY ANALOGY TO THE EXTENT SUITABLE FOR ITS CHARACTER.

2.2. NETMARBLE and the User shall be hereinafter individually and separately referred to as the User and NETMARBLE and individually as “the User” and “NETMARBLE” or collectively as the “Parties” in this Agreement.

2.3. “the User”: Any person, natural or legal entity, who accesses the NETMARBLE Website whether signed up or not and acquires or makes use of any product and/or services on the Website in a way which is partial or complete and temporary or 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 authorizations, used for access to contents or services on the Website or provided by NETMARBLE or third parties with BUFF LOG IN system through the Website and related platform, environment or integrated payment system infrastructure. Otherwise, NETMARBLE or related content and service providers may determine the aforementioned third parties using the account 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/or partially/completely, put forward any right or demand against NETMARBLE and/or third parties whose content and services are provided through the Website.

2.6. Actions construed as unauthorized access and use shall be subjected 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. The aforementioned third parties shall be liable against NETMARBLE and/or third parties whose contents or services are accessed through the Website, 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 to “the User” herein. Contrarily, the aforementioned third parties shall be deemed to have agreed and guaranteed that they are subjected to the liabilities of users provided herein for NETMARBLE and/or third parties whose contents or services are accessed through the Website.

2.9. In no event shall this Agreement constitue 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.

 

3. ESTABLISHMENT OF THE AGREEMENT AND ITS ENFORCEMENT

3.1. On access of the Website whether or not the User signs up for the Website and/or third parties whose contents and services are accessed through the Website and composes account information for any content or services accessed and independently from duration of activity, visit, membership and more of the same, this Agreement shall be established and come 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 parties all the time the User accesses to the Website and/or services or contents provided by third parties and accessed through the Website, independently from time period of the User’s access on the aforementioned.

3.3. The User may terminate this Agreement after he/she closed his/her account (if any) by notifying NETMARBLE in a written form specifying the date provided that the User guarantees not to access the Website as of the date of such notification. If NETMARBLE determines that the User violates any of the provisions of this Agreement partially or totally, NETMARBLE shall suspend the User account temporarily or permanently or terminate this Agreement immediately without any notice and payment liability.

3.4. NETMARBLE shall have exclusive right to make partial or total changes, modifications, additions and updates without any time and section limitation and any necessity to be periodical and as a result of requirements arising out of or relating to the reasons such as technology used on the Website, improvements and changes on the Website, new contents and products presented, new liabilities obliged by legislative amendments, updates, partial or total changes in available product, services and contentes.

 

4.  OWNERSHIP

4.1. All kinds of services and contents on the Website, excluding the ones belonged to third parties whose contents or services are accessed through the Website shall solely belong to Netmarble EMEA FZ LLC.

4.2. Any content acquired by the User in accordance with the rules and principles of NETMARBLE shall not justify any right of ownership to the User on these contents. All kinds of content on the Website accessed, acquired or used by the User, excluding the services and contents provided by third parties through the Website, shall be exclusively owned by NETMARBLE. NETMARBLE shall have exclusive right to determine operating and validity periods of all kinds of content subjected to this clause and terminate the use of these contents. In relation to services or contents provided by third parties whose contents or services are accessed through the Website, the aforementioned rights shall belong to right-holders and NETMARBLE to the extent permitted by the agreement between them.

4.3. The User shall agree and guarantee to have only right to use in relation to all kinds of content, product or services on the Website only if they are duly acquired.

4.4. All kinds of contents or services on the Website or products, services or contents provided by third parties and are accessed through the Website shall be used in accordance with their features, terms and conditions of use, principles determined by NETMARBLE, related laws and regulations. Otherwise, if contrary actions are determined by NETMARBLE and/or third parties whose content or services are accessed through the Website, 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 of all kinds of contents on the NETMARBLE Website and/or provided by third parties whose contents or services are accessed through the Website shall exclusively belong to the User 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 subjected to commerce and/or let any third parties use contents acquired in a aforementioned way, the User shall have no right to demand in relation to the content in question against NETMARBLE and/or third parties whose contents or services are accessed through the Website

4.6. The User shall acquire the aforementioned contents on the NETMARBLE Website and/or provided by third parties whose contents or services are accessed through the Website only in accordance with the purpose of their presentation and acquiring. The User’s processing, changing, dissambling, reproducing, copying and misusing by any other similar means in relation to the contents acquired in a aforementioned way shall constitute a violation of this Agreement. If the User takes these aforementioned actions, the User shall agree that these actions are considered as illegal, legal investigations may be launced and legal proceedings may be inititated by competent authorities against the User.

 

5. OWNERSHIP OF THE CONTENTS ACCESSED

5.1. The Users may access to all kinds of digital environment, Website, content or products including contents, products services or advertisements owned by third parties through the NETMARBLE Website. The User shall agree not to take actions to provide access externally or internally to his/her contents or contents of third parties or make these aforementioned contents published through the NETMARBLE Website or user accounts.

5.2. NETMARBLE shall, at its sole discretion, determine which content of third parties may be accessed on the Website without limitation in time and subject.

5.3. NETMARBLE shall have exclusive power to dispose of matters such as all methods and procedures which makes services, products or contents provided by third parties (including, but not limited to advertisements) in and out of the Website, orienting the aforementioned contents or making 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 advertisements provided by third parties and their terms and conditions of use and/or any other consequences resulting from access to these contents.

5.4. Liability and ownership arising from accessible contents of third parties (including, but not limited to contents in relation to advertisements) or components, contents or publications subject to the right of ownership shall belong to their owners.

5.5. The User shall decide solely whether to access or use or not to use 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. NETMARBLE shall not have power of disposition in relation to all kinds of product, system or contents provided by third-party and accessed through the Website and any dispute or demand in relation to the aforementioned terms and conditions of use shall not be put forward to NETMARBLE.

 

6. LIABILITY OF THIRD PARTIES

6.1.  In no event, the User shall demand or proceed individually or with right-holders against NETMARBLE or put forward any liability to NETMARBLE in relation to contents and publications owned by third parties (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 kinds of contents, products, services or publications (including, but not limited to advertisements) owned by third parties.

6.2. This Agreement shall be deemed to have been agreed and accepted to legally bound by the User on access and usage of services, games, contents or any other services on the Website 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 and/or third parties providing contents or services through the Website.

6.3. If the User do not accept this Agreement or terms and condition for use of the Website or related contents on the Website and/or the products, services or contents provided by third parties on the Website, the User shall not use or attempt to use or demand services or products on the Website. Otherwise, the User shall be deemed to have accepted this Agreement in full.

6.4. The Users and person who compose and publish the contents in forums, profiles, blogs, news and any other platforms on the Website, shall be solely liable to publish such content and agree not to put forward any liability to NETMARBLE.

NETMARBLE is exclusively owner, operator and in charge of forum and customer support systems of the contents, services or products owned by NETMARBLE or third parties on the Website and thus the User shall apply limited exclusively for NETMARBLE in relation to the aforementioned systems. The ownership statement herein shall not be interpreted as that NETMARBLE is the owner or in charge of the contents, products or services on the Website.

 

7. INTELLECTUAL PROPERTY RIGHTS

7.1. Trademarks and other traits used in the contents on the Website and/or the contents, products or services provided by third parties and accessed on the Website shall be exclusively owned by NETMARBLE and/or the aforementioned third parties through register by competent official regional or international authorities or use with their distinctive characters or gaining distinctiveness through use.

7.2. This Agreement shall not provide any single or partial right ownership of the aforementioned components and traits set forth in the clause 7.1 to the User and/or any other third parties, the User shall only have limited right of use over the aforementioned contents.

7.3. The User shall agree that all kinds of game, content, material, document, information, graphics, design, product, game accounts, in-game products, e-mail services, 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, means and/or subjects in itself and exclusively are owned by NETMARBLE and/or third parties whose contents or services are accessed through the Website without prejudice to the exceptions in this Agreement. In this regard, the User shall guarantee not to act against the aforementioned rules.

7.4. NETMARBLE and third parties whose contents or services are accessed through the Website shall have unilateral 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 not maintain partially or totally and temporarily or permanently all services as part of BUFF LOG IN services provided by NETMARBLE and/or products, contents and/or services provided by third parties through the Website. In the aforementioned cases, the User shall agree not to have any right to demand or assert any right against NETMARBLE.

7.6. NETMARBLE shall not guarantee to provide services or contents uninterruptedly or constantly on the Website and this shall not be considered as abolition of right ownership on traits or trademarks of NETMARBLE and/or third parties whose contents or services are accessed through the Website.

7.7. The Users shall have no right to demand (including, but not limited to right to indemnity) in case of changes whether they are temporal/permanent and/or partial/complete in all kinds of game, publication, content and other components.

7.8. The User shall agree that all aforementioned assets and related rights and competencies are exclusively owned by NETMARBLE and/or third parties whose contents or services are accessed through the Website.

7.9. Hereby with this notification, the User shall accept that he/she shall be liable for accessing, using, making use of all contents and products provided by NETMARBLE on the Website and/or products, services and/or contents provided by third parties and accessed through the Website and directly or indirectly other related services.

7.10. Besides this Agreement, the User shall agree to confirm NETMARBLE Non-Disclosure Principles, integral part of this Agreement.  Thereby, the User shall guarantee to comply with related laws and regulations while using NETMARBLE’s content or services and/or the contents, products and/or services provided by third parties and accessed through the Website. In this regard, the User shall agree to be solely liable for his/her own related actions, in no way to have right of recourse against and/or put forward any liability to NETMARBLE and/or the aforementioned third parties.

7.11. The User shall agree not to violate, reverse engineer, decompile, reverse, disassemble or in other ways exploit any product, service or contents provided by NETMARBLE and/or third parties whose content or services are accessed through the Website. Additionaly, the User shall agree not to aid and abet others in relation to the aforementioned actions.

 

8. ACCESS AND ITS LIMITATION

8.1. NETMARBLE shall have right to terminate the User’s access to services and contents on the Website permanently or temporarily in the case of the User’s actions against this Agreement related to the services or contents on the NETMARBLE Website and/or the products, services and/or contents provided by third parties and accessed through the Website.

8.2. In the case of NETMARBLE’s termination of the User’s access mentioned in the clause 8.1., the User and/or third parties whose content or services provided on the Website shall have no right of objection. In this case, the User and/or the aforementioned third parties shall have liability for the User’s destroying all materials related to services on the Website including licenses in the User’s possession.

8.3. The User shall not transfer, let third parties to 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 contents and services of NETMARBLE and/or the products, contents or services provided by third parties and accessed through the Website. If the User violates this provision, the User shall have no right to demand from or against NETMARBLE and/or third parties providing services and contents through the Website. 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 account have no monetary or commercial value. All aforementioned assests 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 all kinds of contents on the NETMARBLE Website and especially games provided by third parties whose content and services are accessed through the Website and related integrated payment system and any other services shall not have qualification construed as chance or coincidence.

8.6.  The User shall guarantee to acquire services and contents on the NETMARBLE Website and/or the products, services and contents provided by third parties through the Website in accordance with their own terms and conditions of use.

In this regard, the User shall guarantee not to use any kind of programs, software and other components of third parties which are unauthorized and interacted partially or totally with contents or any software components of contents and/or interruptive to the connection between the NETMARBLE and the software, simulative or cause redirection or collect information related to 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 action shall be taken against him/her.

8.7. All kinds of contents, codes or applications or other components or datas which are published, managed or operated as payment system infrastructure by third parties and accessed on the NETMARBLE Website 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 subjected to criminal and civil proceedings.

 

9. USER CONNECTION AND EQUIPMENT

9.1. The User and other members shall have the necessary infrastructure for connection and other equipment in order to make use of the contents or servicese on the NETMARBLE Website and/or the products, services or contents provided by third parties and accessed through the Website.

9.2. The User shall be under the obligation of acquiring necessary equipment and infrastructure for connection and any other necessities in order to access and connect. In respect thereof, NETMARBLE shall have no liability for access 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 and/or the contents, services and products provided by third parties and accessed through the Website, NETMARBLE shall record the date and time of the acquisition and its frequency in order to define, determine, follow, control and invoice according to the actual user number, duration and other data.

9.5. NETMARBLE shall take all reasonable high-tech measures in order to ensure the safety of the User’s account used while making use of the services and contents provided by NETMARBLE and/or the products, services or contents provided by third parties and accessed through the Website.

9.6. The User shall agree and guarantee that he/she shall be primarily and directly liable for ensuring the safety of his/her accounts and not assert any demand against NETMARBLE if any problem occurs.

9.7. The use of the contents and services provided by NETMARBLE and/or the products, services and contents provided by third parties and accessed through the Website 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. These reasons and circumstances shall not constitute a basis for any demand against NETMARBLE.

 

10.  NON-LIABILITY

10.1. NETMARBLE shall not be liable for the conditions and consequences 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 services and contents on the NETMARBLE Website and/or the products, services or contents provided by third parties and accessed through the Website.

10.2. The User shall agree to act diligently while making use of the services and contents on the NETMARBLE Website and/or the products, services or contents provided by third parties through the Website. The User shall be prohibited to conduct and produce contents construed as advertisement, unfair competition, justifying terrorism, racist, pornoghraphic, slang, rude, encouraging drug use, illegal, defamatory against the Republic, the State, all kinds of religion, acts of abuse 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, abusive, illegal, threatful, harmful, torts, rude, containing violence, slander, pornographic, interference in other people’s private life, hateful, racist or humiliating ethnic identities or similarly inconvenient while making use of the services and contents of NETMARBLE and the products, services and contents provided by third parties and accessed through the Website.

10.3. In cases where the User violates the clause 10.2 above while making use of the aforementioned, the User shall be deprived of accessing the aforementioned services or contents temporarily or permanently by NETMARBLE and if demanded, NETMARBLE shall share user comments construed as mentioned in the clause 10.2. with official authorities.

10.4. NETMARBLE shall only be liable for retrieval of the aforementioned illegal contents from the user accounts related and the Website as long as the retrieval is technically possible and NETMARBLE shall not be liable for the retrieval to the User related and/or third parties providing content and services through the Website. Due to similar reasons, NETMARBLE shall share the user information with police departments and prosecution offices if demanded properly.

10.5. NETMARBLE shall not be liable for the consequences of being deprived of making use of the contents and services by NETMARBLE and/or the product, services or contents provided by third parties access through the Website in consequence of the laws and regulations of the region or country where the User lived in, regardless of the enforcement time of these laws and regulations.

10.6. Since NETMARBLE shall not have publishing and license rights for some of the accessed contents and services and/or the products, contents and/or services provided by third parties on the Website and the aforementioned services and contents shall only be accessed through the Website, the ownership of the account, authorization to access, information request from official authorities shall be under the liability of the publisher of the related game or content. Due to these reasons, NETMARBLE shall not hold and store the aforementioned information or data and the Users shall have no right to demand from NETMARBLE about the aforementioned product, services or contents and it is impossible to direct the information requests from official authorities to NETMARBLE or fulfill the aforementioned requests by NETMARBLE. NETMARBLE shall have only right and authorization to collect, store and share with its associates all kinds of information and data (including, but not limited to user information) of the users making use of contents and services on the Website and the contents, products or services provided by third parties and accessed through the Website with the only purpose of providing services, products and contents in accordance with this Agreement.

 

11. 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 services and contents of NETMARBLE and/or products, services or contents provided by third parties and accessed through the Website and not disclosing this information to any third party person or company and shall notify NETMARBLE immediately in case of safety breach.

11.2. NETMARBLE shall not be liable for any kind of damages caused by unauthorized use of the user account or BUFF LOG IN account information. 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 the Website and/or the system of BUFF LOG IN, registers in any way and uses the contents or services and/or products, services and/or contents provided by third parties through the Website.

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 that he/she shall 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.

 

12. CONSENT

12.1. Following the notification and the written consent of the User, third parties which are associates or project partners of NETMARBLE in relation to the NETMARBLE Website and the services and products in the Website and/or the products, services or contents provided by third parties and accessed through the Website, may sent SMS or e-mails about new products/services, promotions, campaigns or similar notifications for advertising and informative purposes. If the User shall not give consent for SMS or e-mails mentioned in this paragraph, 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 products and services provided on the NETMARBLE Website shall be deemed a valid consent by the User to agree SMS and e-mails stated in the clause 12.1. which shall not constitute as 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”, the User shall turn off all notifications stated in the clause 13.1.

 

13. 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 (including all legal costs actually incurred or otherwise) CAUSED BY HIS/HER USE, ABUSE OR MISUSE OF THE CONTENTS OF THE WEBSITE OR THE PRODUCTS, SERVICES AND CONTENTS PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE WEBSITE OR IN BREACH OF NON-DISCLOSURE PRINCIPLES OR ANY OTHER RULES AND PRINCIPLES SET FORTH IN OTHER LEGAL DOCUMENTS WHETHER INTENTIONAL, NEGLIGENT OR OTHERWISE.

 

14. WAIVER OF WARRANTY

14.1. NETMARBLE SHALL GIVE NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AND NOT UNDERTAKE ANY KIND OF ACTION FOR THE USERS RELATED TO ANY KIND OF DEFECTS, SEIZURES, THIRD PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP, CONTINUITY, ACCURACY, RELIABILITY, QUALITY, UNINTERRUPTIBILITY OF THE CONTENT AND SERVICES IN THE WEBSITE OR THE CONTENTS, SERVICES OR PRODUCTS PROVIDED BY THIRD PARTIES AND ACCESSED THROUGH THE WEBSITE OR ANY TIME PERIOD EXCLUDING THE TIME WHILE OPERATING.

14.2. THE PROVISIONS OF NO-WAIVER CLAUSE 14.1 ABOVE SHALL NOT BE INTERPRETED AS AND MEAN THAT NETMARBLE HAS TAKEN OR WILL TAKE DELIBERATE ACTIONS FOR ANY KIND OF PROBLEMS SET FORTH IN 15.1 OR HAS PURSUED OR WILL PURSUE THESE KIND OF ACTIONS AND GOALS.

 

15. CHARGES AND PAYMENT

15.1. Some of the contents and services on the NETMARBLE Website and/or the products, services and contents provided by third parties and accessed through the Website 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 games, contents and other components on the NETMARBLE Website and/or provided by third parties and accessed through the Website may later turned to paid ones at the discretion of NETMARBLE or in consequence of the requests by third parties cooperated with NETMARBLE. Paid contents similary may later turned to free ones or lower charges at the discretion of NETMARBLE. In these changing circumstances, NETMARBLE shall notify the User permanently through the Website within a reasonable time.

15.2. The User shall be solely responsible for all kinds of his/her transactions and their charges through the Website.

15.3. The User shall choose any method of payment on the Website at his/her own discretion. When the User chooses a certain method of payment, the User shall be liable for its technical and procedural rules related to that kind of payment method. NETMARBLE shall have sole discretion in charging of services or contents on the NETMARBLE Website, changes in the charges and providing free services and contents. NETMARBLE shall not be liable for third parties’ payment system structures in relation to the products, games, services and contents provided by them through the Website. In this case, these third parties providing the aforementioned services and systems shall be exclusively liable.

15.4. In cases where the payment option “virtual POS/Credit Card” is chosen, credit card information demanded in the payment page shall never be stored by the servers of NETMARBLE or the companies rendering service to NETMARBLE with the purpose of providing maximum limit of safety. All information stated in this provision shall pertain to third parties rendering payment infrastructure service.

15.5. All transactions for the purpose of payment shall take place between the BUFF LOG IN interface and Bank, payment system provider and the User’s computer through the interface in question and consequently the service provided by NETMARBLE in these transactions is limited to the use of the interface and LOG IN system mentioned in this provision.

15.6. The User’s all credit card information and personal data are encoded by SSL Secure system. Thus, the occupation of the User’s personal data by third parties is prevented. Contrarily all forms of liability shall belong to third parties providing contents and services throught the Website.

15.7. The validity period of game funds and if any, other purchasing tools in the acquisition and use of the contents on the NETMARBLE Website and/or the products, services or contents provided by third parties shall be determined by the exporter of the aforementioned product and tools.

15.8. Game funds are payment and entertainment tools which are for the paid contents provided by third parties on the NETMARBLE Website as long as the User acts in conformity with the procedures within the Website, special for each content and game and can not be regarded as payment tool for any other third party. The validity period of game funds shall be limited to maximum 6 months or the time period announced on the exporter’s own Website following a year after the User’s acquisition.

Game funds or other purchasing tools unactivitated or unused shall be no longer used or activated if the time limit of 6 months following a year after the User’s acquisition is exceeded. Game funds, which belong to third parties providing services and contents on the Website and are exported and presented for sale or payment system services by these aforementioned third parties shall be subject to the conditions defined on the Websites of the aforementioned third parties.

If the User demands to use and activate unavailable game funds or other in-game purchasing tools after a year mentioned above, 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. In this case after the examination by NETMARBLE if the User’s demand and application is found to be convenient and unquestionable, NETMARBLE shall approve the application. Time period for the aforementioned application is limited to a year following a-year-period after acquisition. The procedures and obligations stated in this provision is limited to the tools and contents provided, produced, exported, presented for sale solely by NETMARBLE and the remaining tool and contents provided by third parties shall be subject to the conditions stated and announced on their Websites.

15.9. NETMARBLE shall not be liable for indemnifying damages arising out of the payments by the User through the Website and/or the infrastructure of third parties and accessed through the Website or integrated third party payment systems or the contents belonged to third parties accessed by the User.

In all disputes arising out of or relating to this Agreement, the Courts and Enforcement Offices of Dubai shall have exclusive jurisdiction and all of NETMARBLE’s records and documents shall constitute exclusive evidence to settle disputes in question. This Agreement shall be governed by and construed in accordance with the laws of United Arab Emirates without regard to its conflict of laws rules.

 

16. SUITABILITY OF CONTENTS

16.1. The Users shall have authority to control and decide on whether all games, publications, contents on the NETMARBLE Website or games, publications, contents, payment system structures and other components provided by third parties through the Website (especially, games) are suitable for user age groups.

NETMARBLE may share not binding assessments by official competent authorities about the suitability of the contents in the Website and/or the contents, products or services provided by third parties through the 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 contents and services of the Website or the contents, products or services provided by third parties and accessed through the Website, the User shall notify his/her legal representatives about the related content, product or game, ask their suitability for his/her own age group, make use of, have, play or continue to play the content, game in question after approval of 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 provided on the NETMARBLE Website related to the contents in the Website and/or the contents, products, services or games provided by third parties and accessed through the Website. If the User is under the legal age of majority, it is recommended that the User should take actions mentioned in this Article 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 contents and services on the NETMARBLE Website and/or products, contents, games and services provided by third parties and accessed through the Website, NETMARBLE shall not guarantee any kind of legal relationship between the User and 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 through the Website. However, this provision shall not be interpreted so as to render under any circumstances, unlimited liability of NETMARBLE for all user accounts, the safety of all access information related to these accounts and other Website contents.

 

17. 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.

 

18. 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.

 

19. 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 AND RELYING ON FOR ANY CONSEQUENCES, LOST PROFITS, LOST SAVINGS OR INCIDENTAL, INDIRECT, DIRECT, SPECIAL, PERSONAL, PUNITIVE, MULTIPLE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USER’S USE, MISUSE OF THE NETMARBLE WEBSITE OR ITS CONTENTS, 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 THESE DAMAGES AND CONSEQUENCES ARE CLAIMED.

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 COMPANSATION MORE THAN THE SINGLE PAYMENT AMOUNT OF SUCH INDIVIDUAL TRANSACTION THAT IS SUBJECT TO SUCH CLAIM.

 

20. FORCE MAJEURE

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 such as, 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, unavailability of fuel, power, labor or materials).

 

21. ASSIGNMENT and TRANSFER

21.1. The User shall not assign any right or warrant hold directly or indirectly related to this Agreement or the services or contents provided on the NETMARBLE Website and/or the products, services or contents provided by third parties and accessed through the Website, without prior written consent of NETMARBLE and/or the aforementioned third party, to any third party.

21.2. All rights, warrants or obligations hold by NETMARBLE under this Agreement or related to the contents in the Website may be assigned or transferred at any time to the third parties with giving notice to the Use.

 

22. JURISDICTION

The Parties of this Agreement hereby agree that the Courts and Enforcement Offices of Dubai, UAE shall have exclusive jurisdiction to settle any dispute between NETMARBLE and its users related to the services provided by NETMARBLE and/or disputes related to the usage of products, services or contents which are provided by third parties through the Website.

 

23. INTERPRETATION OF THE AGREEMENT’S EFFECT

User’s consent to agree on this Agreement, NETMARBLE and User’s adoption of this Agreement or use of NETMARBLE Website or contents and/or acquisition and usage of any product, content or services provided by third parties and accessed through the Website 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.

 

24. 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.

BY CLICKING “I AGREE” BUTTON AND/OR USING OR ACCESSING ANY OF NETMARBLE’S CONTENT, PRODUCT, SERVICE OR GAMES, YOU AGREE THAT YOU READ AND UNDERSTAND ALL OF THE TERMS AND CONDITIONS OF USE CONTAINED IN THIS AGREEMENT AND YOU ARE BOUND BY ALL OF ITS TERMS AND CONDITIONS.