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.Mafia Games.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 HCG Oyun ve Teknoloji Girişime Anonim Şirketi, a Turkish Company residing at Caddebostan Mah. Bağdat Caddesi Birgen İş Merkezi No:226 D:20 Kadıköy İstanbul (“Mafia Games”). These terms also apply to any other services that Mafia Games may provide in relation to the Games or the Website, such as customer support, social media, community channels and other websites that Mafia Games may operate (all of Mafia Games 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 Mafia Games and the User hereinafter shall be each referred to as Party and jointly as Parties
|Article -2 Subject Terms|
2.1 Mafia Games 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. Mafia Games 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. Mafia Games 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 Mafia Games 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 Mafia Games, 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 Mafia Games 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:
|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 Mafia Games 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 Mafia Games 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 Mafia Games. In this case or in the event that Mafia Games has concrete evidence of misuse of data, Mafia Games has the right to temporarily block access to the user’s account.
5.5 Mafia Games 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 Mafia Games’s Services and Mafia Games 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. Mafia Games 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 Mafia Games 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
|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 Mafia Games and are protected by local and international intellectual property rights. Mafia Games 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 Mafia Games, 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 Mafia Games’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 Mafia Games disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Mafia Games “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 Mafia Games 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:
6.8 By accepting the Terms of Services, User hereby provides its irrevocable consent to monitoring and recording by Mafia Games 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 Mafia Games.
7.2 Users take full responsibility for the content and entries they post. Users agree to release Mafia Games from any legitimate claims from third parties arising from a culpable violation of the users’ obligations. However, users shall grant Mafia Games the permanent, irrevocable, non-exclusive right to use the content and contributions posted by the users.
7.3 User undertakes not to:
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 Mafia Games also has the right to exclude Users violating these Terms of Services from all and any kind of Services that Mafia Games is providing or will be Providing
|Article -8 Fees|
8.1 Within certain Services, Mafia Games 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 Mafia Games 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 Mafia Games, (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) Mafia 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 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 Mafia Games discontinues providing the Services.
8.4 User agrees that it will not assert or bring any claim against Mafia Games, 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 Mafia Games are final, Mafia Games 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 Mafia Games 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 Mafia Games 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 Mafia Games
9.3 If User has been blocked or excluded, they may not log in again to a Service provided by Mafia Games without the prior consent of Mafia Games.
|Article -10 Limitation of Liability & Indemnity|
10.1 As between the Parties, Mafia Games 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 Mafia Games 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 Mafia Games, 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”. Mafia Games 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. Mafia Games 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 Mafia Games 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 Mafia Games makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Mafia Games 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. Mafia Games is not responsible for any delays, delivery failures, or other damage resulting from such problems.
11.4 In no case shall Mafia Games 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 Mafia Games information) regardless of whether Mafia Games has been advised of the possibility of such damages.
|Article -12 Modifications|
Mafia Games 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 Mafia Games’s website at least four weeks before the amendment is scheduled to take effect. Alternatively, Mafia Games 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 Mafia Games’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. Mafia Games 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 Mafia Games.
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 Mafia Games as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.
13.8 Governing Law all disputes between User and Mafia Games 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 Mafia Games.