Terms of Services

 

Article -1              Parties

1.1           The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between  the person (“User”) that downloads, access and/or uses the games, whether computer, on a mobile device, on website www.fomo.gs  (the "Website") or any other website, device or platform such as Apple App Store, Google Play App Store, Amazon App Store or on Facebook (each a "Game" and together the "Games") of Fomo Oyun Yazılım ve Pazarlama Anonim Şirketi, a Turkish Citizen having his residency at Levent Loft Plaza Büyükdere Cad: No:201 B Blok D:111 Şişli İstanbul (“Fomo”). These terms also apply to any other services that Fomo may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that Fomo may operate (all of Fomo Games and other services collectively as the "Services" in these terms). These terms are a legal agreement and contain important information about the rights and obligations of User in relation to the Services.

1.2           Fomo and the User hereinafter shall be each referred to as Party and jointly as Parties

Article -2              Subject Terms

2.1           Fomo continuously updates, changes, and develops its online and mobile games and other services at its own discretion. Users can therefore only participate in the respective online game, mobile game, or other offer in its respective form provided at any given time. Fomo retains the right to cease operating an online or mobile game or remove a specific service without explanation.

2.2           Users are responsible for ensuring that their own software and hardware is suitable and up to date.

2.3           In addition to these Terms of Services, any existing rules of the respective online or mobile game shall also apply.

2.4           In case that User does not agree to these Terms of Services or any future updated version of them then User is obliged to cease the access and/or use, and/or use of, any of our Services. If any future update to these terms requires any action from User to in order to comply with updates Terms of Services, the access to the Services shall be suspended until such action is done

Article -3              Grant of License

The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Fomo grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps. Services offered by Fomo are intended solely for the purpose of entertainment. The use of these games or services for business or commercial purposes is strictly prohibited. In that vein unless otherwise expressly permitted by Fomo, User shall not sell, copy, exchange, transfer, publish, assign, make available to public, copy or otherwise distribute anything that User obtains or derives from the Service.

Article -4              Access and Use of Services

4.1           User must comply with the laws to be applied in the location that the access to the Services from. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

4.2           User promise that all the information provides to Fomo on accessing and/or using the Services is and shall remain true, accurate and complete at all times.

4.3           The specific game rules, scoring rules, controls and guidelines for each game can be found within the game itself. Such rules, scoring rules, controls and guidelines form part of these terms and User to comply with them in respect of each individual game which User chooses to access and/or play.

4.4           User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.

4.5           There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.

4.6           User agrees and acknowledges that under no circumstance it will not:

a)     use the Services contrary to this Agreement or as in violation of any applicable law

b)     use Services to harm anyone or to cause offence to or harass any person.

c)     engage in any act that Fomo deems to be in conflict with the spirit or intent of the Services;

d)     disguise, anonymise or hide IP address or the source of any Content that User may upload;

e)     use the Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;

f)      remove or amend any proprietary notices or other ownership information from the Games or any other part of the Services;

g)     interfere with or disrupt the Services or servers or networks that provide our Services;

h)     attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to disable or defeat any of the codification and security measures

i)      'harvest', 'scrape' or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information

j)      deliver, sell, abuse or enable any third Party to use Virtual Items or any other items related to Account

Article -5              Accounts

5.1           In order to use and benefit from the Services User is obliged to create an account (“Account”). The log in detail such as password and usernames shall be under the control of user and user shall provide the safety of such log in details.

5.2           Users agree that it shall not give log in details to anyone else or allow anyone else to use log in details or account and shall not provide access to any other third Party to use its Account

5.3           Fomo assume that anyone logging into the Account using log in details is User. If User fails to keep the login details secret, or if shares login details or account with someone else (whether intentionally or unintentionally), User accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate Fomo for any losses or harm that may result.

5.4           In case of any unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall portly notify the Fomo. In this case or in the event that Fomo has concrete evidence of misuse of data, Fomo has the right to temporarily block access to the user's account.

5.5           Fomo will not be responsible to User for any loss that User suffer as a result of an unauthorized person accessing the account and/or using Fomo’s Services and Fomo accept no responsibility for any losses or harm resulting from its unauthorized use, whether fraudulently or otherwise.

5.6           Users acknowledge and agree that no ownership or other property interest in any account that it creates using any of the Services are granted to User.

5.7           User shall not create an Account or access the Services if itss User is under the age of 6. Fomo do not accepts any responsibility for any unauthorized use of the Services by minors and any use of the credit card or other payment instrument by minors.

5.8           Fomo is entitled to suspend, terminate, modify or delete any of these Accounts upon its sole discretion.

5.9           User account is personal User is not entitled to transfer its account to any other person.

5.10         User shall not

a)     use another person or entity’s email address in order to sign up to use Services use Services for fraudulent or abusive purposes (including, without limitation, by using Services to impersonate any person or entity, or otherwise misrepresent an affiliation with a person, entity or Services);

b)     sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than itself

c)     create more than one account per platform to access Services;

Article -6              Ownership and Content

6.1           All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by Fomo and are protected by local and international intellectual property rights. Fomo reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its games and the Services.

6.2           Notwithstanding any provision to the contrary herein, User also acknowledge and agree that User have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Fomo, or any other attributes associated with an Account or stored on the Services.

6.3           The Services and Website may include contents which may be subject to proprietary rights of other parties. Users may not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of Fomo’s Websites, Services, or the content or any portion thereof.

6.4           Users are obliged to abstain from any an act causing the proper functioning Website, any individual services and/or offers. Users are also required to abstain from any measure which may allow unauthorized access to data.

6.5           Fomo disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Fomo "AS IS," without warranty of any kind, either expressed or implied.

6.6           User Content” means any communications, images and sounds and all the material, data and information that User upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. User hereby grant to Fomo and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to User.

6.7           User agrees not to upload, communicate, transmit or otherwise make available any User Content:

a)          that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;

b)         that is or could reasonably be viewed as infringing of another's privacy and publicity

c)          could be deemed against fundamental human rights

d)         which infringes any intellectual property right or other proprietary right of others;

e)          which consists of any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or

f)           which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner

6.8           By accepting the Terms of Services, User hereby provides its irrevocable consent to monitoring and recording by Fomo without being limited to any subject. User shall not refrain from such audit by claiming the privacy.

Article -7              Use of Communication Facilities

7.1           The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages or other types of online discussion areas (collectively known as "Forums") Services which User may post information. The information to be posted is not subject to the prior control of Fomo.

7.2           Users take full responsibility for the content and entries they post. Users agree to release Fomo from any legitimate claims from third parties arising from a culpable violation of the users' obligations. However, users shall grant Fomo the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.

7.3           User undertakes not to:

a)          place online or reveal via the Services any real personal information concerning a User;

b)          place online or reveal information which is not generally related to the designated topic or theme of the public Forum in question;

c)          place online or reveal information which is inappropriate or disrespectful of the usual or targeted Users of the Forum; or

d)          harass or disparage other users on the Forum by way of private or public messages.

e)          violates an applicable law,

f)           violate any kind of rights of third parties;

g)          submit obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;

h)          provide content of an abusive, harassing, or defamatory nature;

i)           include personal data of third parties without their explicit consent;

7.4           In all cases, declines any responsibility in for the content opinions instructions and other applicable intent published and viewed on such Forums.

7.5            Fomo also has the right to exclude Users violating these Terms of Services from all and any kind of Services that Fomo is providing or will be Providing

Article -8              Fees

8.1           Within certain Services, Fomo may offer User the possibility of ordering certain subscriptions, in-game to be purchased with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which (“Virtual Items”), or other goods and services once added to User Account, to be used to maximize the experience within the game or within the application. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by Fomo and will apply and shall be integrated to these Terms.

8.2           Users will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available in the online or mobile game.

8.3           Except when explicitly authorized by Fomo, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, User may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Fomo 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 rights the use the Virtual Items and may result in termination of User’s Account. All Virtual Items are forfeited if the Account is terminated or suspended for any reason, or if Fomo discontinues providing the Services.

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

8.5           User agrees that all sales by Fomo are final, Fomo will not refund any transaction any cost taxes expenses related thereto once it has been made. Additionally, User is not entitled to claim any right, compensation, damage, refund for the Virtual Items or additional items.

Article -9              Consequences of a Breach Liabilities

9.1           Fomo is not liable for damages resulting from a User’s breach of its obligations and liabilities.

9.2           Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Fomo to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by the Fomo

a)     remove content,

b)     temporarily or permanently block a user from Services and Website

c)     disable the Account of such user from certain features

d)     immediately terminate the Agreement.

9.3           If User has been blocked or excluded, they may not log in again to a Service provided by Fomo without the prior consent of Fomo.

Article -10           Limitation of Liability & Indemnity

10.1         As between the Parties, Fomo shall not be liable for any indirect, incidental, special, or consequential damages, or damages for loss of profits, revenue, data, or use, incurred by licensee or any third party, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will provider’s aggregate liability under this agreement exceed the fees paid to Fomo by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.

10.2         User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Fomo, which alleges that the  use of the Service violates any law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the User violates any law or other right of a third party.

Article -11           Disclaimer of Warranty

11.1         The service and documentation are provided “as is” and “as available”. Fomo makes no warranties or representations relating to the service, express or implied, statutory or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Fomo does not warrant that the Service will satisfy User’s requirements and that the Service is without defect or error or that operation of the service or website will be uninterrupted.

11.2         Fomo hereby expressly disclaims all warranties of any kind, expressed or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.

11.3         Fomo makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Fomo makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that provider does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Fomo is not responsible for any delays, delivery failures, or other damage resulting from such problems.

11.4         In no case shall Fomo be held liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Fomo information) regardless of whether Fomo has been advised of the possibility of such damages.

Article -12           Modifications

Fomo retains the right to modify these terms and conditions (a) in the event of any amendments made due to legal changes, (b) in the event of any amendments made due to decisions by the competent legal organs, (c) because of technical necessity, (d) in order to maintain company operations, (e) in the event of a change in market conditions, (f) for the benefit of the user. No amendment will take place if such amendment would substantially disrupt the contractual balance between the Parties. Users will be informed of any amendments to the general terms and conditions via the Fomo’s website at least four weeks before the amendment is scheduled to take effect. Alternatively, Fomo upon its sole discretion may send its users the amended general terms and conditions via email or inform them that the amended general terms and conditions can be accessed via the Fomo’s websites. User will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User do not agree to any portion of the current version of the Terms of Services, the

Article -13           Miscellaneous

13.1         Assignment. Fomo shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of the Fomo.

13.2         Links to third Party Providers Fomo may link to third party websites or services from the Services. Users understand that Fomo make no promises regarding any content, goods or services provided by such third parties and Fomo endorse the same. Fomo is also not responsible to User in relation to any losses or harm caused by such third parties. Any charges that User incurs in relation to those third parties are User’ responsibility. User understands that when provide data to such third parties User is providing in accordance with their privacy policy (if any) and Fomo’s own privacy policy does not apply in relation to that data.

13.3         Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.

13.4         Entire Agreement        This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby. 

13.5         Severability If any of the provisions of this Agreement is or becomes invalid, illegal or unenforceable for any reason, the validity, legality or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.

13.6         Partnership Nothing in this Agreement is intended to be construed so as to constitute User and Fomo as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.

13.7         Notices. Fomo may notify User via postings https://fomo.gs on app-store pages of the games, in the games, via e-mail or any other communication means using contact information provided to Fomo. All notices given by User or required from User under these Terms of Services or the Privacy Policy will be done to hello@fomo.gs and will include the full name and a detailed description of reasons for contacting Fomo.

13.8         Governing Law all disputes between User and Fomo shall be governed by the laws of Turkey by a courts and enforcement located in Istanbul Merkez without regard to conflict of law provisions, and User agrees to submit to the jurisdiction of such court.

13.9         Costs   All costs, expenses, transfer fees, taxes, duties or charges (including stamp taxes) directly linked to the execution of this Agreement shall be borne equally by Fomo.