Last Updated: May 1, 2019
The provisions of this agreement ("Terms of Service" or "Agreement") govern the relationship between you and BRETZEL GAMES, its affiliates, parent companies, joint ventures, and other entities under common ownership and/or their agents, advisors, employees, directors, and officers ("BRETZEL GAMES" or "We"), and shall apply to your access to and use of our website at www.bretzelgames.com, mobile applications made available through the Apple App Store, Google Play App Store, Amazon App Store, Facebook, and/or other gaming sites; websites and/or games; and services connected with our games (collectively, the "Services").
Please read these Terms of Service and the Privacy Policy carefully before accessing or using the Services. THE AFOREMENTIONED DOCUMENTS ARE LEGALLY BINDING DOCUMENTS BETWEEN YOU AND BRETZEL GAMES. BY INSTALLING, USING, OR OTHERWISE ACCESSING THE SERVICES IN ANY MANNER, YOU ACCEPT THESE TERMS OF SERVICE AND THE PRIVACY POLICY.
You may be required to open an account ("Account") to access the Services. By opening an account or using the Services in any manner, you represent that you are at least 18 years of age (or older) and that you understand and accept these Terms of Service. If you are under 18 years of age, provided that you are at least 13 years of age, you represent that your parents or legal guardian have reviewed and accepted these Terms of Service. No one under the age of 13 may use the Services in any manner.
BRETZEL GAMES reserves the right to amend, modify, update, add to, or remove portions of the Terms of Service and/or Privacy Policy at any time, at its sole discretion, by publishing an updated version on its website, on the mobile platform pages of the games, or on SNS pages.
BRETZEL GAMES may also make changes to the Services at any time or discontinue your access to the Services at any time without notice and without any refund of payment.
The Services are available solely for end users' use within the framework of the provisions, obligations, and conditions set forth in this Agreement. You may access the Services only personally, for non-commercial purposes, and for individual entertainment, and you may use the Services only for these purposes.
You accept and represent that under no circumstances will you engage in any of the following actions:
All rights, title, and interest in and to the Services, including but not limited to all games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audiovisual effects, documentation, in-game chat transcripts, operating methods, moral rights, character profile information, Virtual Items, game records saved using the BRETZEL GAMES user interface, and BRETZEL GAMES user interface and server software, belong solely to BRETZEL GAMES.
Unless otherwise provided in this Agreement, you accept and represent that you have no intellectual property right or interest in any content appearing in or arising from the Services, including but not limited to Virtual Items earned in any game or purchased from BRETZEL GAMES, or arising in or from the games, or associated with an Account, or obtained and stored within the scope of the Services.
Unless otherwise provided in this Agreement, you accept and represent that you have no intellectual property right or other right or interest in Accounts, and that all rights in and to Accounts are and shall at all times remain the property of BRETZEL GAMES and shall inure to the benefit of BRETZEL GAMES.
"User Content" means all communications, images, sounds, and all other materials, data, and information that you upload or transmit through or into the Services, or that other users upload or transmit, including but not limited to posts and/or chat texts published in forums.
You accept that you grant BRETZEL GAMES and its licensors, as well as their successors and assignees, a non-exclusive, perpetual, irrevocable, sublicensable, transferable, worldwide, paid-up right to reproduce, correct, adapt, modify, translate, reformat, create derivative works from, produce, circulate, publish, distribute, sell, license, sublicense, assign, lease, rent, transfer, make available to the public, publicly perform, provide electronic access to, disseminate, communicate to the public by telecommunications, display, perform, store in computer memory, use, and apply such User Content and all modified and derivative works thereof without any obligation to pay you.
BRETZEL GAMES shall not assume any liability or responsibility with respect to any user conduct, or for scanning, monitoring, reviewing, or auditing User Content, or for inappropriate User Content and actions directed at the Services. User Content provided through the Services is not scanned, monitored, or reviewed by us. Users of our Services accept and represent that they assume all risks related to the use of any User Content provided in connection with the Services, including but not limited to exposure to offensive and inappropriate content.
BRETZEL GAMES reserves the right, at any time and at its sole discretion, without prior notice, for any reason or for no reason, to monitor, prohibit, review, edit, delete, block access to, or remove User Content in order to provide the Services, ensure compliance with these Terms, and comply with laws or other legal requirements, but is not obligated to do so. By accepting these Terms of Service, you also irrevocably consent to such monitoring and recording activities. You accept and represent that you have no expectation of privacy with respect to User Content that you make public while using the Services.
BRETZEL GAMES offers fun pages, forums, blogs, and chat features within the Services through which users may publish information or comments. Users may share content on topics of interest in these environments, as well as general information, comments, and sometimes personal information. Information published in these channels is public information; therefore, do not share any information in these areas, including personal information that you consider confidential. If you wish the relevant information to remain confidential, please do not use these channels to share or publish information; do not provide, upload, write, or transmit any information within the scope of the Services that you consider confidential. BRETZEL GAMES shall not be and will not be liable or responsible for the use of such information. In addition, no payment will be made for ideas, plans, or uses relating to the information provided.
Your interactions with other users and other parties with whom you interact through the Services or games are solely your responsibility.
If you have a dispute with one or more users, you accept and represent that you do and will release BRETZEL GAMES (our directors, officers, agents, affiliates, joint ventures, and employees) from any claims, demands, and (actual and consequential) damages arising from or related to such disputes, whether known or unknown. BRETZEL GAMES reserves the right to become involved in such disputes in any manner, but is under no obligation to do so.
You may purchase a limited, non-transferable, non-sublicensable, revocable right to use, for your own personal and non-commercial entertainment within the Services with "real world" money: (a) "virtual currency," including but not limited to virtual cash and all other types of in-game currency for use in BRETZEL GAMES's games; (b) in-game virtual items (virtual currency and in-game virtual items together shall be referred to as "Virtual Items"); and (c) other products or services. You are permitted to purchase Virtual Items only from us or our authorized partners through the Services, and no other purchase method is permitted.
You accept and represent that BRETZEL GAMES has an absolute right to manage, regulate, control, modify, or eliminate Virtual Items, and that it may terminate or suspend your access to Virtual Items at any time and for any reason, with or without notice to you. BRETZEL GAMES shall have no liability to you or any third party when it exercises this right. Regardless of the amount you paid for such Virtual Items, you accept and represent that you have no claim, title, or proprietary interest in Virtual Items. You accept and represent that BRETZEL GAMES cannot be held responsible for your loss of Virtual Items in the event that your access to the Services is limited or completely terminated.
Except where expressly permitted by BRETZEL GAMES: (i) transfer of Virtual Items to other user accounts is strictly prohibited; (ii) you may not purchase or sell any Virtual Item with "real world" money outside the Services and games, or engage in any other exchange or trade for money; and (iii) BRETZEL GAMES does not recognize such purported transfers of Virtual Items or attempts not to engage in the purported sale, gifting, or trading in the "real world" of anything contained in the Services. Attempting any of the actions mentioned above constitutes a violation of these Terms of Service and may result in automatic termination of your right to use Virtual Items, as well as termination of your Account and cessation of your access to the Services. If your Account is closed or suspended for any reason, or if BRETZEL GAMES ceases to provide the Services, all of your Virtual Items will be revoked and deemed void.
You accept and represent that you will not bring or assert any claim against BRETZEL GAMES, its affiliates, directors, officers, employees, agents, and licensors in connection with claims relating to the purported monetary value of Virtual Items lost following your alleged ownership of any Virtual Item, deletion or suspension of your Account, or amendment, termination, or expiration of these Terms of Service.
You accept and represent that all sales made through the Services or in-game are final, and that applicable fees and other charges (including Virtual Items but not limited thereto) are non-refundable in whole or in part. You are fully responsible for all charges reflected on your Account, including charges obtained through unauthorized means. BRETZEL GAMES does not provide refunds or offer exchanges for products sold through the Services.
IN ADDITION TO THE ABOVE, UNLESS OTHERWISE STATED IN APPLICABLE LAWS, YOU ACCEPT THAT FOR ANY REASON, WITH OR WITHOUT NOTICE, WHEN THE SERVICES ARE TERMINATED IN PART OR IN WHOLE OR WHEN AN ACCOUNT IS CLOSED, REGARDLESS OF WHETHER SUCH CLOSURE WAS REQUESTED BY YOU, NO REFUND WILL BE MADE FOR UNUSED VIRTUAL ITEMS OR OTHER GAME ASSETS, AND YOU WILL NOT RECEIVE PAYMENT OR OTHERWISE BE COMPENSATED.
BRETZEL GAMES may revise or change, in whole or in part, at any time, the pricing, availability, specifications, content, descriptions, or features of games and/or products offered through the Services. Such changes shall take effect immediately after the new prices of the products are announced within the Services or games.
The availability of any product through the Services or games at a particular time does not mean that the product will be offered in the future, nor does it constitute a guarantee to that effect.
You accept and represent that BRETZEL GAMES may update the Services or games with or without prior notice to you.
The Services and/or games may redirect to third-party services and/or third-party services may be provided to you through the Services or games. Third-party services may include gameplay and sharing, social media connections, and similar features, but third-party services are not limited to these. You understand and accept that third-party services are subject to the terms and conditions of the relevant third party. Because such third-party services constitute an agreement between you and the relevant third-party service provider, we strongly recommend that you read these third-party terms and conditions carefully.
BRETZEL GAMES encourages the submission of feedback, comments, and suggestions ("Feedback") aimed at improving the Services. You may share your Feedback with us by sending an email to support@bretzelgames.com or through the "Customer Feedback" section within the games or on the mobile platform pages of the games. By providing Feedback, you accept and represent that you grant BRETZEL GAMES a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sublicensable, and transferable license to use, copy, modify, create derivative works from, and otherwise benefit from your Feedback for any purpose under any intellectual property rights that you own or control.
WITHOUT LIMITING BRETZEL GAMES'S LIABILITY UNDER THE LIMITATION OF LIABILITY SECTION BELOW, THE SERVICES ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. BRETZEL GAMES DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES WHENEVER AND WHEREVER YOU WISH, THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAMES OR SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRETZEL GAMES SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR SIMILAR DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF DATA, OR INTERRUPTION OF BUSINESS, HOWEVER CHARACTERIZED, ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BRETZEL GAMES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. BRETZEL GAMES SHALL NOT BE LIABLE TO YOU FOR AN AMOUNT GREATER THAN THE AMOUNT YOU PAID TO BRETZEL GAMES UNDER THESE TERMS OF SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. IF YOU HAVE NOT MADE ANY PAYMENT TO BRETZEL GAMES DURING SUCH PERIOD, YOU UNDERSTAND AND ACCEPT THAT THE SOLE LEGAL REMEDY AVAILABLE TO YOU (AND BRETZEL GAMES'S EXCLUSIVE OBLIGATION) WITH RESPECT TO ANY DISPUTE WITH BRETZEL GAMES IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
Some countries' legal systems do not permit the exclusion of the warranties listed above or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above disclaimers and limitations may not apply to you. If BRETZEL GAMES cannot disclaim any warranty or limit its liability as specified in this Agreement under applicable law, the scope of such warranty and the scope of BRETZEL GAMES's liability shall be the minimum amount permitted under applicable law. Nothing in these Terms of Service shall affect any consumer's statutory rights or exclude or limit liability for death or personal injury arising from BRETZEL GAMES's negligence or fraud.
You agree to indemnify, defend, and hold harmless BRETZEL GAMES against third-party compensation claims, demands, damages, and other losses, including reasonable attorneys' fees, arising from your breach of these Terms of Service. BRETZEL GAMES reserves the right to assume exclusive defense and control of any matter requiring you to indemnify BRETZEL GAMES, at your expense, and you agree to cooperate in BRETZEL GAMES's defense against such claims. BRETZEL GAMES will use reasonable efforts to notify you of such claims, actions, or proceedings after becoming aware of them. You accept and represent that the provisions of this paragraph shall continue to apply even after termination of your Accounts or the Services.
If a dispute arises between you and BRETZEL GAMES, we strongly recommend that you contact us directly to seek resolution by opening a ticket in-game through the help section or by contacting us at contact@bretzelgames.com.
You accept and represent that all disputes that may arise between you and BRETZEL GAMES shall be governed by the laws of the Republic of Turkey, without regard to conflict of law provisions, and shall fall within the jurisdiction of the courts and enforcement offices of Istanbul Central (Çağlayan) and shall be resolved by such courts.
You and BRETZEL GAMES may bring claims against each other only on an individual basis.
** BY ACCEPTING THESE TERMS OF SERVICE, YOU UNDERSTAND AND ACCEPT THAT YOU WAIVE THE RIGHT TO BRING A CLASS ACTION AND THAT YOU MAY BRING CLAIMS AGAINST BRETZEL GAMES ONLY ON AN INDIVIDUAL BASIS. **
If a competent court determines that any part of these Terms of Service or the Privacy Policy is wholly or partly invalid or unenforceable, such provision shall not apply only to the extent of such invalidity or unenforceability in the relevant jurisdiction, but shall otherwise remain valid and enforceable in other jurisdictions, and all other provisions contained in the terms shall remain unaffected and shall continue to be valid and enforceable.
BRETZEL GAMES may assign or transfer these Terms of Service and/or the Privacy Policy, in whole or in part, at any time, with or without your consent, to any person or enterprise. You may not assign or transfer any of your rights or obligations arising from the Terms of Service or Privacy Policy without BRETZEL GAMES's written approval. Any assignment or transfer you make without permission shall be void.
BRETZEL GAMES may publish additional policies relating to specific services such as forums, contests, or loyalty programs. Your right to use these services is subject to such special policies and these Terms of Service.
The Terms of Service, Privacy Policy, all additional policies, and all documents expressly incorporated into this Agreement by reference constitute the entire agreement between you and BRETZEL GAMES and supersede all prior electronic, oral, or written agreements between you and BRETZEL GAMES relating to the subject matter of this Agreement or created in accordance with customs, practices, policies, or usages relating to the Services.
BRETZEL GAMES's failure to require strict performance of any provision of these Terms of Service or the Privacy Policy, or to exercise any right thereunder, shall not be construed as a waiver or relinquishment of BRETZEL GAMES's right to assert or rely upon such provision or right in that or any other situation.
BRETZEL GAMES's express waiver of any provision, condition, or requirement of these Terms of Service or the Privacy Policy shall not constitute a waiver of any obligation to act in accordance with such provision, condition, or requirement in the future.
Except as expressly and specifically stated in these Terms of Service, none of BRETZEL GAMES's statements, representations, consents, waivers, or other actions or omissions shall be deemed an amendment to these Terms of Service and shall not be legally binding unless documented in physical and written form and signed by an authorized representative of you and BRETZEL GAMES.
You accept that the rights granted to BRETZEL GAMES and the obligations assumed toward BRETZEL GAMES under these Terms of Service are unique and irreplaceable, that their loss would cause BRETZEL GAMES irreparable harm, and that such harm cannot be compensated solely through monetary damages, and that in the event of an actual or anticipated breach by you, BRETZEL GAMES may obtain injunctive relief or other equitable remedies (without any obligation to post bond or guarantee or to prove damages).
You irrevocably waive all rights to seek injunctive relief or other equitable remedies, or to prohibit or prevent the operation of the Services or games, any misuse of any advertisement or other materials published in connection therewith, or any misuse of content or other materials used or displayed through the Services, and you agree to limit your claims (if any) to monetary damages as limited by Sections 6.2 and 11.
BRETZEL GAMES shall not be liable for any delay or failure to perform arising from causes or conditions beyond its reasonable control, including but not limited to failures to perform under this Agreement due to unforeseeable causes or conditions outside BRETZEL GAMES's control, such as natural disasters, war, acts of terrorism, riots, embargoes, actions of civil or military authorities, fire, flood, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.
You accept that your use of the Services does not create any joint venture, partnership, employment, employer-employee, or agency/principal relationship between you and BRETZEL GAMES as a result of this Agreement.
BRETZEL GAMES may provide notice to you by announcement through www.bretzelgames.com, the mobile application platform pages of the games, Social Networking Sites, the games, or email or other communication methods sent to the contact address you provide to us. All notices made or required to be made by you under these Terms of Service or the Privacy Policy must be sent to contact@bretzelgames.com. Please include your full name and a detailed explanation of the reason for contacting BRETZEL GAMES in the notice you send.