User Agreement – ZULA PC
1. Zula PC, which are evaluated within the scope of Zula, and other versions and platforms and content to be added in the future (hereinafter shortly referred to as "Zula") and unless otherwise stated or understood from the nature of the work, all kinds of products and/or services offered in the text of this agreement, all kinds of use, organization and savings are exclusively and solely by MB Oyun Yazılım ve Pazarlama A.Ş. (hereinafter shortly referred to as "MADBYTE GAMES"). Trademark of Zula is registered under MB Oyun Yazılım ve Pazarlama A.Ş.. It is forbidden to reproduce the work of Zula completely or partially mechanically or electronically, and to copy it and keep it on the internet or any data storage device. Customers, users and visitors (hereinafter shortly referred to as "User") undertake to act in accordance with Zula's financial and moral rights and not to take actions and actions that will cause unfair use, "Transmission to the Public by means of Processing, Reproduction, Dissemination, Signal, Sound and/or Image Transmission" defined in the provisions of Article 21/25 within the scope of Law No. 5846 and other legislation which is giving the same right. The information provided by User to sign up procedure is accurate, current and true. The user is solely responsible for the security of the fields determined by her such as username, nickname and password and for blocking the access of third parties and accepts that she will take all kinds of precautions.
2. User has carefully read, understood and accepted this User Agreement (hereinafter shortly referred to as “Agreement”) when benefiting in any way from all kinds of maps, characters, products, services and services in Zula belonging to MADBYTE GAMES; they will be deemed to have been informed about their obligations herein and committed to comply with them. The User, who has the will to not accept the provisions of this agreement or the usage principles and procedures to which the products and/or services offered on this site are subject, agrees to leave Zula and not to benefit from the products and/or services offered on the site and not to make any attempt or demand in this direction. Otherwise, it is accepted and applied that the user has conveyed the will of acceptance subject to this article to MADBYTE GAMES. The user has the right to carry out questions, opinions and suggestions regarding this agreement and negotiations on the agreement via contact information provided in the Agreement.
3. In the Agreement, the right and authority to make any changes or updates that may be made from time to time for reasons such as considering the features of the services and/or products offered in Zula or the innovations or changes related to them or the new product and/or service types belong to Zula, and the changes or innovations mentioned here are deemed to have entered into force as binding for Users as of the date they are published on the Site. By using this Site, the user hereby accepts and undertakes to follow the changes or innovations in the agreement in question and to be informed, that the changes will have entered into force with the notification of the changes made. MADBYTE GAMES has the right to delete, alter, move, remove, re-package, re-price, or transfer any and all Zula Content, including Zula Gold, in whole or in part, at any time, with or without notice to you, and with no liability of any kind to you.
4. The code created over the e-pin system created by the User, can be used to obtain Zula Gold, and the validity of the code generated through this epin is 1 year. The right and authority to limit or terminate the usage right or authorization of the unused Zula Gold, including the acquisition of the said transaction or any other disposition regarding them, exclusively belongs to Zula.
5. Other than exceptional provisions in trademark provisions, trademark of Zula registered under MADBYTE GAMES may not be used or caused to be used without written consent of MADBYTE GAMES in any personal or commercial activities, regardless of whether there is a profit motive or not, such actions may not be supported, will not acquire other products and/or services, provided under such uses or within the scope of the same, in case of acquisition, will not use the same in combination with the products and services, presented on Zula or on Zula, in case of determination of otherwise, Zula is entitled to apply all kinds of civil, technical, administrative or measures or restrictions concerning user accounts or transactions.
7. Due to breach by User, the right of MADBYTE GAMES to claim damages are reserved. That is to say, in case of interruption of process, in case of an error, negligence, interruption, erasure, loss, delay in transaction or communication, computer virus, communication error, theft, destruction or unauthorized access to data, modification or use of the same, as a result of wrongful act, negligence or other causes, Zula admits no liability. MADBYTE GAMES regularly controls the accuracy and currency of information, existing on Zula. However, despite all careful work, the information in Zula may lag behind actual changes. Zula is provided to User on an “as is” and “as available” basis without warranties or representations of any kind, express or implied. MADBYTE GAMES gives no explicit or implicit warranties or guarantees concerning information, including, without limitation, currency, accuracy, conditions, quality, performance, marketability of information and contents in Zula and suitability of comments and opinions for a particular purpose, and effect on other information, services or contents, dependent or independent from these or completeness of the same. MADBYTE GAMES hereby declares that it has adopted necessary measures concerning electronic security in Zula and undertakes that it will trace all steps to prevent access to data by third persons in case of an attack in electronic medium. In case information, belonging to any user, is stolen, deleted from system, or modified as a result of a cyber-attack, Zula undertakes to notify this issue as soon as practical.
8. MADBYTE GAMES has the right to make any changes to the game accounts of the users during the test stages called KBT/CBT (Closed Beta Test) and ABT/OBT (Open Beta Test) for Zula.
9. Any kind of Zula content, material, document, information, graphic, design, product, in-game accounts, in-game products, e-mail services, software, updates and other similar services provided by Zula to the User and not limited to those listed herein, are legally protected by local and international Intellectual and Trademark Law, and other relevant laws and agreements, and all of the tangible and intangible elements, assets and/or subjects listed in this article are personally and exclusively owned by MADBYTE GAMES. MADBYTE GAMES has all kinds of disposal rights on these assets. MADBYTE GAMES has the right to temporarily or permanently stop, change or discontinue all products and/or services offered within the scope of any product or service or game services offered on the Site. In such a case, the User will not have the right to claim any claim and/or any compensation under any name whatsoever against MADBYTE GAMES, except for the liability of MADBYTE GAMES within the scope of intent and gross negligence. The user acknowledges and accepts that all of those listed here are the sole property of MADBYTE GAMES. By accepting this agreement, the user undertakes to comply with the relevant laws while using MADBYTE GAMES services; At this point, it undertakes that only they will be responsible for all illegal actions and transactions; For the aforementioned reasons, they accept that MADBYTE GAMES will not have the right to recourse to MADBYTE GAMES, except for the responsibility of willfulness and gross negligence.
10. In the event that the products and/or services offered by MADBYTE GAMES on this site are used contrary to these Agreement, User has the right to terminate their access to these services temporarily or permanently through the website. If MADBYTE GAMES takes such a disposition, the User has no right to object. In such a case, the obligation of the User to destroy all kinds of materials, including the licenses that fall under the possession of the user during any service offered through MADBYTE GAMES, belongs to the User.
11. The user cannot transfer the passwords, user names or any other rights given to them in order to benefit from Zula services; cannot make them use, they cannot be the subject of important or gratuitous trade; cannot make any claim against MADBYTE GAMES regarding the results of actions and/or transactions in the opposite direction. Users are solely responsible for the security of access tools such as usernames or passwords that are provided to them or created by them for the purpose of benefiting from the products and/or services offered on this site, and for taking the necessary measures to prevent them from being seized by third parties, and are solely responsible for the consequences of actions and transactions that are contrary to this. The user or players acknowledge and agree that the account information in the games offered by MADBYTE GAMES and the in-game characters created within the accounts and these characters have no commercial or material value. The player or user acknowledges and acknowledges that any products and/or services offered by MADBYTE GAMES or games and the results of any services associated with them are not due to luck or coincidence. MADBYTE GAMES reserves the right to terminate the membership of the buyer and seller of the character in Zula, if they subject their characters to the onerous or gratuitous trading and become aware of this issue.
12. The User hereby agrees and undertakes that all kinds of user accounts, created to access to Zula and to use MADBYTE GAMES products and/or services, are viewable and accessible in searches, made by third persons in searches, made by third persons, on search engines, with respect to nicknames, profile pictures, name-surname, age, region, registry information, gender, favorite games, friend list, rank, etc. information and contents, in line with this agreement. The User knows and agrees when User edits its profile, the profile information can be seen through search engines and social networks and it will be public information.
13. The user accepts that they will comply with the "Rules of Conduct" previously determined by MADBYTE GAMES in return for the services in Zula and the negative behaviors that MADBYTE GAMES will exhibit on any platform to which they are entitled, and in return they accept the sanctions to be applied by MADBYTE GAMES. MADBYTE GAMES has the right to make changes to the " Rules of Conduct " when it deems necessary, without any written notice, but by posting on the site, and the user agrees and undertakes that all amendments or updates made in this way are valid as of the date of publication.
The user cannot share any content that constitutes a criminal offense, require legal follow-up, result in or encourage violations of laws or international agreements, illegal, threatening, disturbing, insulting or profane, degrading, defamatory, vulgar, pornographic or immoral, that is against the generally accepted rules, damaging personal rights or similar qualities, and cannot use Zula to make statements in any way criminal, praising and encouraging drugs and tobacco products, statements about politicians or other legal entities, require legal follow-up, cause or encourage violations of national or international laws and international agreements, illegal, threatening, disturbing, insulting, swearing, or libelous, defamatory, vulgar, pornographic or disturbing public order, or may not use it in a way that is offensive, disturbing and harassing others, damaging personal rights, for an illegal purpose, infringing on the privacy rights, intellectual rights, trademark rights or other property rights of others. In addition, cannot perform any transaction that imposes an unreasonable or disproportionate load on the Zula infrastructure or contains a virus or other harmful element. Any financial, legal, criminal, administrative liability arising out of such content and due to improper use belongs exclusively to the User who sent the content. MADBYTE GAMES has the right not to publish in Zula, any content shared by the User that they do not find appropriate, without stating any justification. The user declares that he/she knows that MADBYTE GAMES may be temporarily or permanently deprived of access to the services due to such usage situations and that if there is any, relevant content created by the user can be shared with official authorities and authorities upon request by MADBYTE GAMES.
14. All products in Zula, such as all characters and weapons are imaginary and any similarities with actual persons and objects, are imaginary. During their use of products and/or services, presented in the Site, the Users hereby agree and undertake that they will not use any names, symbols and logos, infringing any rights of any third persons, including intellectual Property rights and trademarks, they will not commit actions, infringing the rights and authorities of third persons and institutions, and they will not commit actions in compliant with laws and in case of determination of a contrary action, MADBYTE GAMES is entitled to implement all kinds of temporary and permanent measures against the accounts.
15. The user, who violates one or more of the articles listed in this User Agreement, will be personally and criminally responsible for this violation and the user will keep MADBYTE GAMES free from the legal and criminal consequences of these violations. In addition; MADBYTE GAMES reserves the right to demand compensation and terminate membership for non-compliance with the User Agreement against the member in case the incident is referred to the legal field due to this violation.
16. MADBYTE GAMES has taken measures to ensure that Zula is free from viruses and similar software. In addition, in order to ensure the ultimate security, the user must supply his/her own virus protection system and provide the necessary protection. In this context, by using Zula, the User deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences.
17. The user acknowledges that Zula participation may require the approval of the legal representative, parent or guardian, if any. In cases where such a requirement is in question (minorship, restriction, etc.), ensuring that the relevant legal representative, parent or guardian of the user is fully and properly informed before participation or by providing relevant and necessary information to MADBYTE GAMES for this purpose, to obtain and obtain the necessary legal permissions. agrees to request support for. The user's participation in Zula by accepting this Agreement is a declaration and commitment that he is not subject to the approval of a legal representative, and in case of a contrary situation, the consequences of this cannot be claimed against MADBYTE GAMES and/or this issue is against MADBYTE GAMES. cannot be subject to any request. All transactions made from the account are also included in this audit.
The user may not create or use an account on behalf of any other natural or legal person or for commercial purposes, or use any Zula services. It is the players who have the authority to control the compliance of the players on the site with the age groups and to decide on this matter. In case the member is below the legal age of consent limit, it is recommended to ask parent/guardian the suitability of the preferred Game for his/her own age group and to play or continue to play on the approval of the same. It is a legal requirement that the Member, conducting transactions in the sale and acquisition of all kinds of tools, acquired for use in Game contents, presented on the Site, must be of full age, and it is recommended that the persons, who cannot fulfill this requirement, must conduct such transaction and acquisition under the permission and control of parents and guardians.
18. If the user has shared her information in Zula with third parties or has not secured the information of his/her account, s/he accepts that s/he is responsible for all transactions (including the loss or use of the account) that may occur in the account.
19. If the user thinks that MADBYTE GAMES has made a mistake in the implementation of the provisions of this Agreement or wants to object to this situation, s/he agrees to submit the details of the situation from the support section via Email mentioned in the Agreement so that the situation can be examined. However, although your account may be suspended by Zula during the examination, you have the right to object to this suspension of the User.
20. In the event that acts contrary to the provisions of this Agreement are detected, a gradual sanction has been issued in accordance with the Zula’s Rules of Conduct, and in case of account closure, the user accepts that s/he will not request remaining from his/her account, that MADBYTE GAMES has the right to stop the access and that MADBYTE GAMES has no responsibility.
21. The user acknowledges that s/he will use Zula only for personal purposes, not for commercial purposes, and that a limited license has been granted by MADBYTE GAMES for use only for entertainment purposes. This license is non-exclusive, non-transferable and revocable. In the event that the User terminates his/her account in Zula, the licenses granted to use Zula will also terminate immediately. the User does not have right to sell, copy, swap, lend, reverse engineer, decompile, derive source code, translate, lease, show as collateral for, transfer, publish, transfer or distribute Zula, whose intellectual and industrial rights are the property of MADBYTE GAMES. User accounts in Zula, computer software, titles, objects, artifacts, characters, character names, chat records, game records and publications, places, place names, stories, dialogues, slogans, character-specific discourses, illustrations, graphics, Building or landscape drawings, animations, sounds, compositions and recordings, virtual products, game money, audio-visual effects, character counterparts, operating methods and gameplay, including all kinds of transactions are deemed artwork within the scope of the intellectual property rights and trademark rights are solely owned by MADBYTE GAMES.
22. With this Agreement, the User also agrees that s/he can never use MADBYTE GAMES brands, service marks, trade names, logos, domain names, slogans and trademarks.
23. The user agrees and undertakes not to use any robots, spiders or other automatic tools or manual processes, create derivative works from this content or display them to the public without the express and written permission of MADBYTE GAMES. The User, who performs the unauthorized use, accepts that s/he will be liable to cover the damages incurred by Zula and third parties, including litigation costs and attorney fees.
24. The User shall not hold MADBYTE GAMES liable in any way, in the event that the User account is destroyed, canceled, changed, tampered, hacked and is subject to any other damage or loss regardless of its nature, except in case of deliberate and gross negligence of MADBYTE GAMES. MADBYTE GAMES may restrict how much Zula Gold and in-game product you can purchase and/or use based on your location as we have different approaches in different locations.
25. MADBYTE GAMES has the right to change and review the fees and invoicing methods at Zula from time to time. These changes come into force immediately when they are included in this Agreement or they are published on the Site.
26. The User gives the right regarding medium such as visual, audio, text, provided that this right will be valid worldwide and indefinitely, non-revocable, sub-licensing, transferable, transferable, non-exclusive, known real or any future medium, commercial, non-commercial, to use, duplicate, distribute, adapt, modify, translate, produce derivative products, represent the public, transmit to the public, apply digitally, make, sell and import for whatever purpose, to MADBYTE GAMES without any copyright and intellectual right fee.
27. The User accepts that participating in an action that could reasonably be considered to constitute or may create a cheat for another player, participating in this process, even though fraud or social manipulation, will be the reason to be suspended from Zula and terminate the relationship indefinitely within the scope of the Rules of Conduct.
28. For whatever reason, to use any kind of third party programs that are not authorized, to use mods, hacks, cheating software, scripts, bots, trainer and automated programs that interact with Zula in any way, the use of unauthorized third-party programs that intercept, imitate or redirect any communication related to Zula, and the use of unauthorized third-party programs that collect information through Zula by wandering in the memory areas used by Zula to store information are the reasons to be suspended from the game for an indefinite period of time and terminate the relationship, will be deemed a reason for being suspended from the Zula indefinitely and ending the relationship.
29. MADBYTE GAMES has the right to monitor, and control the User's in-game transactions in order to prevent cheating and hacking, limit inappropriate behavior and improve Zula’s UX.
30. In order to benefit from the products and/or services offered by MADBYTE GAMES on the Site or any other content listed in this agreement, the User must have the necessary connection infrastructure and other equipment. The fulfillment of the requirement in question is under the responsibility of the User. MADBYTE GAMES has no responsibility in this regard. Any disruption related to the Internet connection caused by service providers, infrastructure or user is solely the responsibility of the User. In the event that all products and/or services offered by MADBYTE GAMES on the Site or all other content listed in this agreement are used, the time and frequency of the service will be determined by MADBYTE GAMES according to the number of users, duration and other data. MADBYTE GAMES will take advantage of the highest possible technological measures to ensure the security of the accounts that the user uses while using MADBYTE GAMES services. It is the common acceptance and will of the parties that the users are primarily and directly responsible for their obligations to ensure the security of their accounts; that there will be no claim against MADBYTE GAMES in account security problems that arise otherwise. In the event that the game accounts and/or any elements in these accounts are temporarily or permanently lost or become unusable due to the technical reasons that may arise during the provision of any games, products and/or services or other content and related services offered or published on the Site, MADBYTE GAMES cannot be held responsible for the situation and result.
31. PERSONAL DATA PROTECTION
MADBYTE GAMES will use "Personal Information" (including but not limited to name-surname, telephone, address, e-mail addresses, IP Address) obtained from the User in order to provide membership and personalization services in Zula for the following purposes, in no case other than the intended purpose will not use, disclose to third parties, share, sell or use.
If the User/Users do not want to receive and do not approve of receiving these commercial electronic messages transmitted by MADBYTE GAMES for this purpose, they must click the link … to cancel their permissions and exit the commercial transmission mailing list. MADBYTE GAMES will provide their exit from the mailing list via this commercial message decline link.
Data Requested in game for registry:
- User Name
- E-mail information
- In-game name
Legal Grounds for data requested in game for registry:
• The necessity of the data processing to fulfill legal liabilities of our company,
• In case it is necessary to process the personal data, related to the parties of the agreement, which take steps at the request of the data subject prior to entering into a contract;
• In case necessary for establishment, exercise or protection of a right,
• The obligation to process data for legitimate interests of our Company provided (that) it does not harm your fundamental rights and freedoms,
To send information or notices concerning a game in work in progress status,
To provide service on changing the password and identify the user in case of third parties unlawful action regarding the user’s account
To answer your e-mails and to provide an effective user experience service.
To provide information on new services (in-game characters, weapons, maps, tournaments) if the user requested,
Contacting the User related to Zula when necessary,
To prepare various statistical assessments, without disclosing the identity of user, and to use the same in market studies,
Detection of procedures, incompliant with the rules of the game, such as fraud and cheating,
However, MADBYTE GAMES will share the personal information of the users with the relevant authorities in case of duly request from the authorized, administrative and official authorities in accordance with the applicable legislation.
The User’s data is stored separately from game-required information and the security of the server is the responsibility under MADBYTE GAMES. The User gives explicit consent to the data provided by the User to be able to provide the services under this Agreement and to transfer it to companies affiliated to MADBYTE GAMES or group companies with MADBYTE GAMES and to transfer them to Turkey, limited to the specified purposes. The user has the right to carry out questions, opinions and suggestions regarding this agreement and negotiations on the agreement via contact information provided in the Agreement.
The user can request from MADBYTE GAMES to inform for, what purpose, what categories of data subjects, recipient information to identify, what data is used and data controller and data processor information to identify, and MADBYTE GAMES undertakes to provide the necessary information within the shortest possible time and without exceeding the legal deadlines. This notification will be free of charge and if the requested transaction requires a cost, the fee specified in the fee schedule to be determined by the related public authority on Personal Data Protection will be requested from the User after performing the transaction. MADBYTE GAMES undertakes to produce solutions to the problems conveyed by the User regarding this data with the care expected from him/her and to realize this solution within the scope of the Law.
The user will send the questions and notifications about personal data to be made for Zula to the address in writing, via e-mail signed with a secure signature or through a notary public, with a document showing his identity.
The purposes of use of Users’ data by MADBYTE GAMES, are as follows:
Personal and Contact Information: Username, and e-mail information is used for user registry to the site and for contact purposes.
Zula will not share any kind of information that the User has accessed to the site due to using Zula, unless there is a legal follow-up or request. Personal data security and privacy provided by MADBYTE GAMES during the provision of the service to the User is limited to its own site.
The user, visitor or members declare that the e-mails sent to them by MADBYTE GAMES for information and reminder purposes are in their consent. However, contact information within this framework cannot be shared by MADBYTE GAMES with other persons or institutions. In the games offered by MADBYTE GAMES, administrators and moderators with administrative authority can examine the data such as e-mail, IP address, player name and password of the user, visitor and members in order to ensure that the game can be easily played by other users, but cannot transmit them to any person other than MADBYTE GAMES officials.
The User has the right to apply to MADBYTE GAMES as a data subject for the following right;
the purposes of the processing;
the categories of personal data concerned;
To learn whether your personal data is processed or not,
To request information if the personal data is processed,
the recipients or categories of recipient to whom the personal data have been or will be disclosed, in particular recipients in third countries or international organisations;
the existence of the right to request from the controller rectification or erasure of personal data or restriction of processing of personal data concerning the data subject or to object to such processing;
the right to lodge a complaint with a supervisory authority;
where the personal data are not collected from the data subject, any available information as to their source;
the existence of automated decision-making, including profiling, at least in those cases, meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for the data subject.
32. In connection with the services and/or products or other content offered in Zula, making notifications and promotions to the User for new products/services, promotions, campaigns and similar purposes by third parties or businesses that are business or project partners of MADBYTE GAMES and MADBYTE GAMES via e-mail and/or SMS, are deemed made within User information and acceptance. By using Zula's products and services that are subject to this User Agreement, users agree that the e-mail and SMS notifications or promotions of this article do not violate or unlawfully store their personal data, having their own approval and consent, in a way that those do not present an offensive advertisement, unfair competition or marketing nature. The notifications subject to this paragraph can be made by using the contact information declared by the user with their own wishes and wills in order to benefit from the products and/or services offered on the site and/or during the registration process. In case the users don’t want to receive notices, subject to this paragraph, they are entitled to opt-out of the notice subscription, pursuant to the legislation in effect, by marking opt-out option at … link.
33. CONSUMER LAW
All transactions and transaction fees, made over Zula, are under the responsibility and at the discretion of user. The user may use any payment option, given on the site, as deemed suitable. The obligation to comply technical and procedural rules, applicable to such payment option, will belong to the user. In accordance with Consumer Law and with respect to these products and services, the Zula Gold and special offer on the in-game product (such as skins, emotes, accessories) cannot be refunded or deducted after its purchase and transfer to the User’s account. The mentioned in-game product and in-game product to be added in the future is created for the remote marketing of goods or services without simultaneous physical presence. Zula Gold as virtual content, has no monetary value, is only used in Zula and User can’t redeem Zula Gold for any type of normal-life currency. User who owned Zula Gold has only got a license to access the Zula Gold not ownership. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. MADBYTE GAMES may, from time to time, modify, amend, or supplement our fees and fee-billing methods, and such changes shall be effective immediately upon posting in these Agreement or elsewhere on our websites, or in Zula.
When the offered product is delivered electronically to the User’s account on Zula in terms of its features, the MADBYTE GAMES will be deemed to have fulfilled its performance and its responsibility will succeed. The product is simultaneously transferred to the User’s account on Zula without any further action when the payment is succeeded by the User. Since the product can only be used in the Zula, there is no need for delivery and shipping. In this context, shipping and delivery costs are not requested.
The sale agreement approved by the User has delivered to the e-mail address to be provided.
The user has the right to carry out questions, opinions and suggestions regarding this agreement and negotiations on the agreement via contact information provided in the Agreement.
34. In the case of transactions made with the Virtual POS/Credit Card payment option, the credit card information requested on the payment page of the user is never kept on the servers of Zula or the companies that serve it in order to ensure the highest level of security for the users who shop on the Site. All transactions of the user for such payment are carried out between the bank and the user computer through the Zula interface, and the service provided by MADBYTE GAMES regarding these transactions is limited to the one described here.
35. All credit card and personal information of the user are encrypted with the internet security standard SSL Secure system. In this way, possible measures and precautions have been taken to prevent the capture of this information by unwanted persons or institutions in the user's circulation on the internet. MADBYTE GAMES is not responsible for the damages arising from the payments made by the user on the payment site and the illegal transactions such as fraud and the compensation mechanism to be operated against these transactions. MADBYTE GAMES does not save the information about the users' credit cards and payment instruments in their system.
37. MADBYTE GAMES is not liable for the contents and effects of advertisements, published via MADBYTE GAMES. MADBYTE GAMES reserves the right to amend security principles. The user, member and visitors hereby declare that this information is sufficiently served to them, and they are aware and accept any amendments and updates on the same.
38. This Agreement shall be governed by and construed in accordance with Turkish law and the Parties hereby submit to the exclusive jurisdiction of the courts of Central Çağlayan (Istanbul).
39. Waiver. No waiver of any obligation by any Party hereto under this Agreement shall be effective unless in writing, specifying such waiver, executed by the Party making such waiver. The failure by either Party to enforce at any time or for any period any one or more of the terms or conditions of this Agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this Agreement.
40. Severability. If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
41. Independent Contractors. Parties are independent contractors, and neither Party is an agent or partner of the other. Neither Party will have and will not represent to any third party that it does have any authority to act on behalf of the other Party.
42. Except with respect to a claim for breach of confidentiality, in no event will either Party be liable for any consequential, indirect, exemplary, special or incidental damages, including any lost profits, arising from or relating to this Agreement. Except with respect to each Party’s indemnity obligations as set forth in this Agreement, and a claim for breach of confidentiality, each Party’s total cumulative liability in connection with this Agreement, whether in contract or tort or otherwise, will not exceed the amount received by such Party under this Agreement.
43. Disclaimer of Warranty. The express warranties in this Agreement are in lieu of all other warranties, whether express, implied, or statutory, regarding the subject matter herein, including any warranties of merchantability, fitness for a particular purpose and title.
44. Privacy. Whether they are written in the contract, all kinds of products, technology, procedures, programs, financial information and goals, technical information, data, design, software, patents, know-how, copyright, in written, verbal or electronic form transmitted by the Parties themselves or their employees to each other right, list of customers, trade secrets, marketing and development plans, all kinds of commercial, financial, technical, administrative etc. that they will learn from each other during the cooperation between them is considered as "Confidential Information".
User agrees that User will not disclose Confidential Information. Accordingly, User is without prior written permission from the MADBYTE GAMES:
(a) not use Confidential Information for any purpose other than the performance of the Agreement,
(b) not share with third parties other than employees, consultants or other affiliates to whom Confidential Information is required for the performance of the Agreement; In cases where it is shared with these people, it will take all kinds of technical and administrative measures such as informing, auditing and similar, so that confidential information cannot be obtained by unauthorized persons,
(c) Agree that it will not reproduce and / or modify all and / or some of the Confidential Information. In any case, the information reproduced or changed will also be considered Confidential Information.
45. This Agreement shall be valid unless earlier terminated in accordance with this Agreement. As long as the Zula is online and working, the Agreement will be enforceable and valid.
Entity: MB Oyun Yazılım ve Pazarlama A.Ş.
Commercial Registry: İstanbul/846241
Address: Reşitpaşa Mah. Katar Cad. Arı 9 Binası No:2-61-3 Sarıyer İstanbul