Terms Of Service

Effective Date: April 30, 2020

TERMS AND CONDITIONS OF USE OF WEBSITES AND SERVICES OF DREAM OYUN YAZILIM VE PAZARLAMA ANONİM ŞİRKETİ

You should carefully read the following Terms of Service Agreement (“Agreement”) before using any website (“Site”) and services (“Services”) of DREAM OYUN YAZILIM VE PAZARLAMA ANONİM ŞİRKETİ (“Company” or “Dream Games”).

1. BINDING EFFECT

This is a legally binding agreement. By using the Site or any Services provided in connection with the Site, you agree to abide by these Terms of Use, as they may be amended by Company from time to time in its sole discretion and without specific notice to you. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Service periodically, and if at any time you find these Terms of Service unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement.

2. USERS UNDER 13 YEARS OLD.

To purchase account upgrades or other products with a credit card, you must be at least 18 years old. When you purchase account upgrades or other products on behalf of a child under the age of 18, you certify that you are at least 18 years old and that you are the legal Guardian of the child.

Please note, that by upgrading your under-13 child’s account, your child will be able to register with, and make posts on, the Dream Games Information Board at
info@dreamgames.com. While it is against our rules to post personally identifiable information on our forums and our Moderators enforce those rules, it is possible for your child to do so. Thus, if you would prefer that your child does not have access to the Information Board, please do not upgrade your child’s account.

3. DESCRIPTION OF SITES AND SERVICES.

The Company operates online gaming services and websites that accompany such gaming services.

4. YOUR OBLIGATIONS.

By registering or using the Sites and Services in any way, you agree to the following:

a. You agree not to harass or threaten other players;

b. You agree not to use any harmful, threatening, abusive, defamatory, obscene, hateful, racially or ethnically offensive language;

c. If asked by a member of Staff to stop or change a behavior or action, you will do so;

d. You agree not to run the same character in more than one browser window;

e. You agree not to use memory cheats to alter the running game code in your browser;

f. You agree not to cheat, hack or make any attack on the server in any way;

g. You agree not to open multiple accounts with the Service;

h. You agree not to transmit or make available in the Service or Site any advertising, promotional materials or any other forms of solicitation;

i. You agree not to transmit any material that contains viruses, worms, traps or malicious computer code;

j. You agree not to disrupt the normal flow of the games and dialogue, or otherwise act in a manner that negatively affects other people’s ability to use the Service;

k. You agree not to collect or store personal data about other people using the Service;

l. You agree only to use your own credit card with the Service.

m. You agree not to use any Dream Games trademark, service mark or tradename, or any variation or misspelling thereof.

5. PAYMENT OBLIGATIONS.

5.1 VIRTUAL ITEMS

You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-game coins and all other kinds of in-game monies, all for use in the games; (b) virtual in-game items (virtual currency and virtual in-game items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from Dream Games or its authorized partners through the Services, not in any other way.

You understand that Dream Games has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. Dream Games shall have no liability to you or any Third Party in the event that Dream Games exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.

Except when explicitly authorized by Dream Games, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Dream Games does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if Dream Games discontinues providing the Services.

You agree that you will not assert or bring any claim against Dream Games, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.

5.2 FEES, REFUNDS AND RETURN POLICY

All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. Dream Games does not issue any refunds or offer any exchanges of any products purchased on or through the Services.

IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Dream Games may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the game or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.

5.3. UPGRADES AND OTHER PAID ITEMS.

 

As a registered player of the web games of Dream Games, you have the opportunity to upgrade your game accounts of Dream Games to full membership status. You also have the opportunity to buy virtual currency, which may be redeemed within web games of Dream Games for unique game items and features.

5.4. PRIVACY POLICY.

 

Company respects your privacy and permits you to control the treatment of your personal information and data. A complete statement of Company’s current privacy policy can be found at dreamgames.com Company’s privacy policy is expressly incorporated into this Agreement by this reference. Additionally on the issue of privacy, you hereby acknowledge that Company has the right to obtain certain identification information about your computer and its operating system, including IP addresses and information contained in your personal Flash data storage files for identification purposes without any further notice to you. Company also has the right to obtain "non-personal" data from your connection to the games of Dream Games in order to make certain demographic assumptions regarding the users of the games of Dream Games without any further notice to you.

6. PROHIBITED USES.

Company imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation,

(a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;

(b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization;

(c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”

(d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services;

(e) forging any packet header or any part of the header information in any e-mail or in any posting using the Service; or

(f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Company in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

Additionally, only Dream Oyun Yazilim ve Pazarlama Anonim Şirketi or its licensees have the right to host the games of Dream Games. Accordingly, you may not host, provide matchmaking services for, or intercept, emulate, or redirect the communication protocols used by Dream Games as part of any game of Dream Games, regardless of the method used to do so. Such prohibited methods may include, but are not limited to protocol emulation, reverse engineering, modifying the games of Dream Games, adding components to the games of Dream Games, or using a utility program to host the games of Dream Games. Also, the use of any "user interface" for Company games other than the user interface that is Company provides for any particular Company game ("Third Party User Interface") is prohibited by Company.

Furthermore, you agree that you will not (1) modify or cause to be modified any files that are a part of  game of Dream Games; (2) create or use cheats, “mods”, and/or hacks, or any other third-party software designed to modify the experience of games of Dream Games; (3) use any third-party software that intercepts, “mines”, or otherwise collects information from or through a game of Dream Games.

7. USER INFORMATION.

You are required to register to use or access the Site or Service, during which you will be asked to complete the registration process by providing the complete and accurate information requested on the online registration form, which includes your email address, a user name and password. If you provide any information that is untrue, inaccurate, or incomplete, or if Company has reasonable grounds to suspect that the information is untrue, inaccurate or incomplete, Company may decide to suspend or terminate your membership and access to the Sites and Services.

7.1 PASSWORD SECURITY.

You are responsible for maintaining the confidentiality of your Password and you will be held responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of your account is your responsibility. Company is not responsible in the event that your account is “hacked”, or if your account or your computer is damaged by a virus, or of any other issues with your computer or your account. You agree to notify Company immediately on any unauthorized use of your account, user name, or password. If you report your account stolen, hacked, or in any way compromised, Company will suspend the account while the matter is investigated. Following this investigation, Company will determine appropriate course of action in its sole and absolute discretion. Importantly, Company shall not be liable for any loss or changes in your account that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.


8. CONSENT TO RECEIVE EMAIL.

 

If you register to use the Site and Services, you hereby consent to receive periodic newsletters and other types of email communications from Company, including customer service issues, new product offers and other matters. You may choose to opt out of certain newsletter and announcement email correspondence; however, Company reserves the right to email you at any time regarding issues related to your account and your use of the Site and Service.

9. USE OF SOFTWARE.

a. LIMITED LICENSE TO USE THE SERVICES

Subject to your agreement and continuing compliance with these Terms of Service and any other relevant Dream Games policies, Dream Games grants you a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the service for your own non-commercial entertainment purposes. You agree not to use the service for any other purpose.

The following restrictions apply to the use of the service:

  • You shall not create an Account or access the service if you are under the age of 13; You
  • You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use the service if you have previously been removed by Dream Games, or previously been banned from playing any Dream Games game.
  • You shall use your Account only for non-commercial purposes; You shall not use the service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone.

b. LOGIN INFORMATION AND YOUR ACCOUNT

You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Dream Games and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account.

Dream Games reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.

The Service supports only one Account per game on a supported device.

c. LICENSE LIMITATIONS

Any use of the Service in violation of these License Limitations is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law.

You agree that you will not, under any circumstances:

  • Engage in any act that Dream Games deems to be in conflict with the spirit or intent of the Service or make improper use of Dream Games support services.
  • Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the service, any Dream Games game or any Dream Games game experience.
  • Modify or cause to be modified any files that are a part of the service or any Dream Games game without Dream Games express written consent.
  • Disrupt, interfere with or otherwise adversely affect the normal flow of the service or otherwise act in a manner that may negatively affect other users' experience when using the service or playing Dream Games games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the service.
  • Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support the service or any Dream Games game environment.
  • Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the service, or other attempts to disrupt the service or any other person's use or enjoyment of the service.
  • Attempt to gain unauthorized access to the Service, Accounts registered to others or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by Dream Games, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
  • Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis.

Dream Games reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself. Dream Games reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Service in whole or in part.

1.2. Suspension and Termination of Account and Service

WITHOUT LIMITING ANY OTHER REMEDIES, DREAM GAMES MAY LIMIT, SUSPEND, TERMINATE, MODIFY, OR DELETE ACCOUNTS OR ACCESS TO THE SERVICE OR PORTIONS THEREOF IF YOU ARE, OR DREAM GAMES SUSPECTS THAT YOU ARE, FAILING TO COMPLY WITH ANY OF THESE TERMS OF SERVICE OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICE, WITH OR WITHOUT NOTICE TO YOU. YOU CAN LOSE YOUR USER NAME AND PERSONA IN THE SERVICE AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, AS WELL AS ANY BENEFITS, PRIVILEGES, EARNED ITEMS AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICE, AND DREAM GAMES IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.

WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR GAMES AND SITES, AND THEIR CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR   POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.

DREAM GAMES reserves the right to stop offering and/or supporting the Service or a particular game or part of the Service at any time, at which point your license to use the Service or a part thereof will be automatically terminated. In such event, DREAM GAMES shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

d. PROHIBITED USES.

This limited license does not include any resale or commercial use of this Site or the Service; any collection and use of any descriptions or prices; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Company, and our affiliates and marketing partners, without express written consent. You may not use any meta tags or any other "hidden text" utilizing names or trademarks of Company without the express written consent of Company. Any unauthorized use terminates the permission or license granted by Company. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Company’s Sites so long as the link does not portray Company, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Company logos or other proprietary graphics or trademarks as part of the link without express written permission.

e. SALE OF DIGITAL ITEMS.

 

Company either owns or has an exclusive license to all of the content in the games of Dream Games. Therefore no one other than Company has any right whatsoever to sell any game of Dream Games content in any manner. In addition, you may not sell in-game items for real money or exchange virtual currency items outside of any game of Dream Games.

YOU ACKNOWLEDGE THAT YOU HAVE NO PROPERTY RIGHTS WHATSOEVER IN VIRTUAL CURRENCY ITEMS. You further acknowledge that you may not use Dream Games virtual currency for any purpose outside the games of Dream Games. The use of Dream Games virtual currency outside the games of Dream Games, or the use of virtual currency for any non-approved reason, is strictly prohibited and will result in the termination of Your account and all of Your virtual currency. See Paragraph 18 for more details about Your lack of property rights in the game of Dream Games content and virtual currency.


10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the Republic of Turkey or the country in which you reside. Use of the Company’s Sites and Services is further subject to Republic of Turkey export controls. By using any Company Site or Service, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

11. USER CONTENT.

 

You grant Company a license to use the materials you post to the Site or Service. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Site or Service, you are granting Company, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Site and Service. Company, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Company may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

12. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

 

When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you. Additionally, in the event that you become aware of or reasonably suspect any infringement of the copyrights or trademarks or Company or any third parties, occurring on any Company Site, you will immediately notify Company to report such infringement.

13. INAPPROPRIATE CONTENT.

 

Company does not monitor or screen Content posted to the Sites by users; however, Company does reserve the right, at Company’s sole discretion, to remove or edit any Content that violates the terms of this Agreement. You shall not make the following types of Content available, regardless if the Content is in the form of chat sessions, skins, environments or otherwise. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libellous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Company reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

14. COPYRIGHT INFRINGEMENT.

Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

DREAM OYUN YAZILIM VE PAZARLAMA ANONİM ŞİRKETİ

Esentepe Mahallesi, Büyükdere Caddesi Maya Akar Center, B Blok No:102/60 Şişli / İstanbul

info@dreamgames.com 

15. ALLEGED VIOLATIONS.

Company reserves the right to terminate your use of the Service and/or the Site. To ensure that Company provides a high quality experience for you and for other users of the Site and the Service, you agree that Company or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. Company does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Company reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Company believes that you have violated any of the Terms of Use, furnished Company with false or misleading information, or interfered with use of the Site or the Service by others.

16. NO WARRANTIES.

 

COMPANY HEREBY DISCLAIMS ALL WARRANTIES. THE SERVICE AND INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE.

IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT.

17. LIMITED LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAM GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DREAM GAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT NOT PROHIBITED BY LAW, DREAM GAMES SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO DREAM GAMES IN ACCORDANCE WITH THESE TERMS OF SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO DREAM GAMES DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND DREAM GAMES EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH DREAM GAMES IS TO STOP USING THE SERVICE AND TO CANCEL YOUR ACCOUNT.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT THE STATUTORY RIGHTS OF ANY CONSUMER OR EXCLUDE OR RESTRICT ANY LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF DREAM GAMES OR FOR DEATH OR PERSONAL INJURY ARISING FROM ANY NEGLIGENCE OR FRAUD OF DREAM GAMES.

You agree to indemnify, defend and hold DREAM GAMES (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Service, or any breach by you of these Terms of Service, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.

18. DISCLAIMER AND ACKNOWLEDGEMENT REGARDING GAME DATA.

 

You hereby acknowledge that by using the Site or the Services that you do not acquire any property rights whatsoever in the Site, Services, Game Data (as defined below), or any status within the Site and Services. To play Company games requires the creation and retention of electronic files, including without limitation player characters, accounts, in-game currency (Z-Tokens, DragonCoins, NovaGems, AdventureCoins, SmashCoins, SparkleGems, Varium, etc.), statistics, user profiles, weapons, armor, quests, loot, etc. ("Game Data"), which are stored by Company. While keeping Game Data safe is a priority of Company, note that Company shall not have any liability for the loss of any Game Data for any reason whatsoever. Company reserves the right, in its sole and absolute discretion, to modify or delete any information, including without limitation Game Data and any other information accumulated, stored or uploaded on into any Company game.

Specifically, regarding all Dream Games virtual in-game currencies, YOU HEREBY ACKNOWLEDGE THAT BY PURCHASING OR OTHERWISE OBTAINING IN-GAME CURRENCIES YOU DO NOT ACQUIRE ANY PROPERTY RIGHTS WHATSOEVER IN THE IN-GAME CURRENCIES. DREAM GAMES IN-GAME CURRENCIES ARE GAME DATA THAT ARE INTEGRAL TO DREAM GAMES PROVIDING ENTERTAINMENT SERVICES TO ITS USERS, AND YOU ACKNOWLEDGE THAT ALL DREAM GAMES IN-GAME CURRENCIES ARE NOT YOUR PROPERTY.

19. AFFILIATED SITES.

Company has no control over, and no liability for any third party websites or materials. Company works with a number of partners, advertisers and affiliates whose Internet sites may be linked with the Site. This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. Because neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. You acknowledge that when you click on a link that leaves a Company Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.

20. INDEMNITY.

 

You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives (“Dream Games Indemnified Parties”) from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

21. FORUMS & COMMUNICATIONS.

 

"Forum" means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, electronic greeting cards) offered as part of any Company Site. If you participate in any Forum within a Company Site, you agree to follow our terms set forth below.

You acknowledge that anything you submit to a Company Site by way of any Forum is routed through Company’s servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on Company Sites are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.

22. COPYRIGHT.

 

The Site or Service are copyrights and all rights are reserved by DREAM GAMES. Such content shall include, but is not limited to: all games offered for use on the Site and Service.

23. WEBSITE CODE.

All website code and shockwave files associated with the Site or Service are belong to DREAM GAMES.

24. TRADEMARK.

Unlawful use of Company trademarks is strictly prohibited. Such trademarks shall include, but are not limited to: “dream games”.

25. DISPUTES; GOVERNING LAW.

If a dispute arises between you and Dream Games, Dream Games strongly encourages you to first contact Dream Games directly to seek a resolution by opening a help ticket directly in-game via the help section or contact Dream Games at privacy@dreamgames.com. You agree that all disputes between you and Dream Games shall be governed by the laws of Turkey by a court located in Istanbul without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.

26. SEVERABILITY; WAIVER.

 

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

27. NO LICENSE.

 

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Company or by any third party.

28. MODIFICATIONS.

 

Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Service; and (c) discontinue the Site and/or Service at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

29. FORCE MAJEURE

Dream Games shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Dream Games, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Dream Games’ control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labor or materials.

30. ACKNOWLEDGEMENT.

 

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.