Terms of Service

1. Introduction

 

This Terms of Services governs the relationship between you and Libra Teknoloji Anonim Şirketi, a Turkish Company located at the address of Merdivenköy Mah. Dikyol Sk. No: 2a/1501 Kadıköy, İstanbul, Turkey (hereinafter referred to as “Libra” or “us”) and applies to your access to and use of the website, games, mobile games, social networking services and any other online or offline services that are made available by Libra (all of the services that are currently provided or will be provided in the future, either online or offline, by or on behalf of Libra hereinafter referred collectively as the “Services”). Please read this Terms of Services and the Privacy Policy before using or accessing our Services. We provide our explanations regarding privacy and data processing activities conducted in relation to the Services in the Privacy Policy.

YOU ACCEPT THAT TERMS AND CONDITIONS EXPLAINED IN THIS TERMS OF SERVICES, WHICH ONLY GRANTS YOU THE RIGHT TO USE THE SERVICES, SHALL BE BOUNDING FOR YOU WHEN YOU CREATE AN ACCOUNT WITHIN THE SCOPE OF OUR SERVICES, WHEN YOU USE OUR SERVICES OR WHEN YOU ACCESS OUR SERVICES BY ANY OTHER MEANS. YOU MAY OPT NOT TO DOWNLOAD / INSTALL / USE OUR SERVICES IF YOU DO NOT ACCEPT THIS TERMS OF SERVICE OR THE PRIVACY POLICY. TO BE ABLE TO ACCEPT THE TERMS OF SERVICES AND TO USE OUR SERVICES, YOU NEED TO HAVE THE AUTHORITY TO CONCLUDE BOUNDING CONTRACTS IN TERMS OF ALL APPLICABLE LAWS. USE OF THE SERVICES IS VOID IN CASES WHERE THE USE OF SERVICES ARE PROHIBITED.

You may be required to register an account (“Account”) to benefit from our Services. By registering for an account within the scope of our Services and/or by using the Services in any capacity, you represent that you are at least 18 years old and you read, understood and agreed to these Terms of Services. Our Services are not intended for kids below the age of 13 (kids that are below the age of 16 for European Economic Area and kids that are below the age of 14 for South Korea), if you are under the age of 18 and at least 13 years old, by accessing the Services and/or using the Services in any way, you accept and acknowledge that your parents or your legal guardian has read, understood and agreed to these Terms of Services Parents or legal guardians are responsible from use of the Libra Services by the kids below the age of 18. 

TO THE EXTENT PERMITTED BY THE APLICABLE LAW, REGARDLESS OF WHETHER PERMITTED BY A PARENT/LEGAL GUARDIAN OF THE KID OR NOT, LIBRA DOES NOT ACCEPT ANY LIABILITY DUE TO ACTIONS OF A CHILD. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU ALLOWED YOUR CHILD TO USE OUR SERVICES, IT SHALL MEAN THAT YOU ACCEPTED THE TERMS OF SERVICE AND LIABILITY.

If you access the Services through a Social Networking Website like Facebook, review that third parties’ terms of services since you are also obligated to comply with that applicable terms of services as well as this Terms of Services.

We may periodically update the Terms of Services. We will inform you when we amend the Terms of Services by sending a notification over our Services. Updates and amendments made shall become effective as soon as it is published. You will be deemed to have accepted such amendments and updates by continuing to use our Services after we make a change in the Terms of Services and thus, this updated Terms of Services shall become applicable. If you do not agree to any portion of the current version of the Terms of Services or the Privacy Policy during your use of Services, then you shall cease your use of the Services, and your right to use the Services shall come to an end. Moreover, you accept and agree that Libra may discontinue or restrict your use of the Services for any reason and without any notice or compensation.

2. Use of Services

 

Within the framework of this Terms of Services, Libra provides the Services to end users for personal use purpose only and these shall solely be used for this purpose. Services provided by Libra shall not be used for a commercial purpose. Copying, reproducing, presenting to public, publishing, selling, setting-off of Services are prohibited pursuant to the Terms of Services. You accept and acknowledge that you will use the Services in accordance with the applicable law for personal entertainment purpose and not for any other purpose. Services are not sold to the users, only rights to access to and use the Services are granted. Period of use of the Services shall start on the date when the Services are accessed and used, which is, in the meantime, the date in which users accept this Terms of Services and ends on the date in which users stop using the Services or on the date in which the Terms of Services are terminated by Libra.

To access and use the Services, you may be required to register an account (“Account”). In this case, you need to create a username and password (“Login Information”) to be able to create an Account and access to it. You accept and acknowledge that you shall not share Login Information with others and shall not make posts that can endanger the safety of the Account, or otherwise this shall constitute a violation of the Terms of Services. Besides that, in the event you become aware of or reasonably suspect of any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Libra and modify your Login Information. You are responsible from maintaining the confidentiality of the Login Information and the safety and privacy of the Account and from any damage that may arise due to a breach of these.

You shall not use usernames that have been chosen by other users. Besides, you shall not choose obscene or libelous usernames. We have the right to block the usernames which are deemed to be unacceptable, however we have no liability to do so. In the event we decide that your username is obscene or in any way in violation of the Terms of Services, solely at our own discretion, we reserve the right to cancel your Account and to request from you to choose another username. For the avoidance of any doubt, we would like to remind that your username is not your property and does not grant you the right to use this username. In case your Account gets cancelled, another user may be allowed to use the same username.

a. Conditions for Using the Services

Services shall not be used in cases listed below: 

  • State of the user that prevents the user from entering into a binding agreement (not having the capacity to have rights or capacity to act),

  • User being below the age of 13 (below the age of 16 for European Economic Area and below the age of 14 for South Korea) and not having consent of parents/legal guardians,  

  • User being a convicted sex offender,

  • User being already banned from using Libra Services, 

  • User using the Services for commercial purposes,

  • User using a fake Account or user opening an Account with false identity information.​

 

b. Code of Conduct

You agree, state and undertake that while using our Services you may under no circumstances perform the below listed actions, otherwise the rights indicated under this Terms of Service shall be exercised by Libra. 

  • Engage in any act that conflict with the spirit or intent of the Libra Services or make improper use of Libra’s support services, 

  • Directly or indirectly use or take part in the use of cheats, exploits, automation software, bots, hacks (software that manipulate the system), mods (software that change the Services) or any unauthorized third party software

  • Modify, cause to be modified any files that are a part of the Services or gain unauthorized access to these, 

  • Choose your username to imitate another person or entity or creating an Account on behalf of someone else using fake ID/information,

  • Sell, rent or give away or use for commercial purposes the Account, 

  • Use the Services in the case that you are already banned by Libra from using the Services, 

  • Use the Services in a way conflicting with the purpose and spirit of the Services, 

  • Provide, publish, upload, submit or transmit through the Services any content that infringes a third party’s copyright, patent, trademark, trade secret, moral rights, privacy rights or other intellectual property rights,

  • Provide, publish, install, submit, or transmit through the Services any content that is in violation of or promoting the violation of the applicable laws, thus having the potential to cause legal liability, 

  • Provide, publish, install, submit, or transmit through the Services any content that promotes illegal or harmful activities and substances, 

  • Use, display, mirror or frame the Libra’s name, trademark, logo, copyright, or any other intellectual property rights without Libra’s knowledge and written express consent, 

  • Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for intellectual property used to provide the Services, or extract any information from the Services using any method not expressly permitted by Libra, 

  • Gain or attempt to gain unauthorized access to, interfere in, use, overuse or help impairment/overloading of the Libra servers, systems, networks or to technical transmission systems of Libra’s service providers,

  • Institute, organize or assist in any type of attack, including without limitation distribution of a virus, denial of service attacks (DOS attack) upon the Services, 

  • Disrupt, interfere, or effect in any other way the natural flow of the Services, 

  • Engage in behaviors and activities that affect the other users’ experience negatively while using the Services, 

  • Engage in behaviors that are abusive, threatening, obscene, defamatory, libelous, sexist, or insulting the religious or national values, 

  • Collect through the Services and/or publish the private information of any other user including but not limited to the identification information and financial information, 

  • Avoid, bypass, remove, impair, descramble, or otherwise circumvent any technological measure implemented by Libra or any of Libra’s providers or any other third party to protect the Services, 

  • Attempt to access or access the Services using any engine, software, tool, agent, or mechanism other than the software and/or search agents provided by Libra or other generally available third-party web browsers

  • Send any unauthorized advertising, promotional materials, e-mail, junk mail, spam, chain mails to Libra or other users.

 

Libra has the right to determine which behavior violates the code of conduct and Terms of Service. Libra, in relation to this, reserves the right to carry out all kinds of operations which it deems suitable such as termination of your Account and/or full or partial ban from using/accessing the Services. As a result of your Account or your access to the Services being banned or restricted you may lose all your benefits and privileges in relation to the services, and you may lose earned or bought items (“Virtual Items”); and for these consequences Libra is under no obligation to refund, re-avail or any other compensation liability.

 

c. Termination of Account and Services

Please note that any behavior that violates the above code of conduct may also violate the applicable law at the same time. In cases where we believe that your conduct is in violation of the above code of conduct, rights bestowed by laws including the intellectual property rights of Libra and third parties or may cause potential legal liability we may, without detriment to other rights we have, terminate, limit, suspend the Services or Accounts, we may limit/forbid access to these and we may resort to legal remedies to achieve such ends. In such a case, we; do not have an obligation to refund, rebate the benefits, or are not under any other kind of compensation liability, and you may loose all your benefits in relation to the use of the Services, your privileges, earned and/or bought Virtual Items.

Apart from the above you may cease to use our Services any time and may request from us to delete your Account. In such cases, unless it is decreed by law otherwise, Libra is not responsible for any refunds, rebate the benefits or is not under any other kind of compensation liability. Libra reserves the right to terminate Accounts which are inactive for 180 days at the minimum for the purposes of data minimization and prevention of processing any unnecessary data.

3. Terms of Payment 

 

In Services, you can purchase with “real world money”, virtual money, virtual in-game items, advertisement removal alternatives and usage right (all together referred to as “Virtual Items”) which are non-transferable, non-sub-licensable and revocable as well as limited to your non-commercial, personal use and use within the Services. You are liable from all the taxes and fees accrued to your Account. All purchases made within the Services are final and cannot be returned in whole or in part. In the real world, virtual Items do not have a value in terms of real world money and do not substitute real world money.

Virtual Items can only be purchased from the Services owned by Libra, purchases made from third parties are in violation of this Terms of Services and are not permitted. In addition to this, transfer of Virtual Items to other users, sale or purchase or set-off of these with “real world money” outside of the Services are in violation of this Terms of Services and are not accepted. These kinds of behaviors shall result in the cancellation of your Account and the automatic termination of the usage rights of the Services and Virtual Items; moreover, Virtual Items shall be taken back and declared null and void. In cases like this, Libra has no liability to refund any kind of fee or to return any kind of interest or to pay any other compensation.

In cases where the Account is cancelled due to the reasons explained above or the use of Services is prohibited or the user willingly closes his/her own account or stops to use the Services, you accept and acknowledge that you do not have any right to request a compensation or refund for the Virtual Items that is left unused and/or in excess in the Account. 

Libra has the right to manage, organize, control, change, withdraw, change the price, and restrict the access to the Virtual Items without being under any obligation to do so. You agree and acknowledge that you shall not have any proprietary right over the Virtual Items and that Libra is not liable from restriction or denial of your access to the Virtual Items. Virtual Items being offered in a certain time shall not constitute any guarantee that they will be offered again in the future.

 

4. Ownership and Intellectual Property

 

All rights, title, interest and intellectual property in relation to the Services (including without limitation any games, titles/headings, computer codes, software, server software, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds and sound effects, musical compositions, visual effects, methods of operation, moral rights, documentation, accounts, Virtual Items, user chat transcripts in services, registrations to Services and etc.) are owned by Libra and Libra reserves all rights, intellectual property rights and other certified rights, in connection with the use of its Services.

Users are only granted with a right to access and use the Services, and this shall not mean that any right in relation to the Services has been assigned, sold or granted to you. You accept and acknowledge that you do not have any intellectual property rights or any other interest with respect to the Services, including the Virtual Items in relation to these Services Your violation of these provisions of the Terms of Services may also mean a violation of a law and we may take a legal action against you.

Account that you create within the scope of the Services does not belong to you, all rights in relation to this belongs to Libra. Likewise, the Virtual Items obtained within the Services are also owned by Libra and only a limited right of usage is granted to you during the period in which the Services are provided. You accept and acknowledge that you do not have any rights, interests or intellectual property rights over the Account and the Virtual Items and that all rights of the Account and the Virtual Items currently and always belong to Libra.

5. Interactions Between Users

 

You accept that you will form a respectful, safe, and appropriate interaction with other users in connection with the use of Services. In the Services, you are responsible from all of your interactions with other users that use the Services. Libra has no liability to inspect these interactions however has the right to inspect and has the authority to interfere with these interactions.

In case you have a dispute with another user, you are releasing Libra wholly from all kinds of claims, demands, claims of loss and indemnification which are known or unknown, arising from or in any way connected with this dispute. Even though Libra is under no obligation to attend to these disputes, Libra reserves the right to do so. In case of these kinds of disputes, you accept and acknowledge to fully cooperate with Libra with respect to the investigation of illegal, fraudulent, or inappropriate activities.

6. Update of Services

 

Services provided by Libra are constantly evolving and improving. Libra has the right to update the Services at any time with or without making any notification to the users. Therefore, to be able to continue using Services, you may need to accept the updates which may be done to the Services from time to time.

7. Third Party Services

 

When you buy, download, or update the Services from the digital marketplaces such as, including without limitation, Apple App Store, Google Play Store, third-party services may be used. Additionally, links or redirections to third-party services may be presented in the Services or third-party services and/or advertisements may be presented to you via Services. These third-party services are subject to respective third-party terms and conditions, it is highly recommended for you to view these terms and conditions. Besides that, data that you provide to these third parties are subject to privacy policy of respective third parties, it is highly recommended for you to view these too.

We are not responsible in any way from third parties and we have no control over third parties. Us presenting links over Services to third parties does not mean that we approve or vouch for these third parties and their contents. We do not have any liability with regards to claims of right that may arise from a content or service of third parties.

8. Disclaimer of Warranty

 

APART FROM THE ARTICLE – 9 LIMITATION OF LIABILITY AND INDEMNIFICATION BELOW, LIBRA DOES NOT WARRANT THAT SERVICES WILL BE ACCESSIBLE, USEABLE, UNINTERRUPTED AND ERROR-FREE AT ANY TIME AND LOCATION; OR THAT THE SERVICES ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS. ALL OR ANY PART OF THE SERVICES MAY BE SUSPENDED, WITHDRAWN, OR RESTRICTED DUE TO BUSINESS AND OPERATIONAL REASONS. USE OF THE SERVICES IS AT YOUR OWN RISK. SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, LIBRA MAKES NO WARRANTIES OR CONDITIONS OF ANY KIND ABOUT THE SERVICES.

9. Limitation of Liability and Indemnification

 

LIBRA SHALL NOT BE LIABLE BY ANY MEANS FROM THIS TERMS OF SERVICES, THE USE OR DISUSE OF SERVICES OR LOSS AND LIABILITY IN ANY WAY DIRECTLY OR INDIRECTLY RELATED TO OR ARISING FROM THE USE OF THIRD-PARTY SERVICES. USE OF THE SERVICES AND THIRD-PARTY SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE APPLICABLE LAWS, THE TOTAL LIABILITY OF LIBRA SHALL BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID TO LIBRA WITHIN THE SCOPE OF THIS TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT THE CLAIM THAT YOU NOTIFIED TO US. HOWEVER, IF YOU DID NOT MAKE ANY PAYMENTS TO LIBRA WITHIIN THE SAID SIX MONTHS, YOU ACCEPT AND ACKNOWLEDGE THAT THE ONE AND ONLY SETTLEMENT OF THE DISPUTE BETWEEN YOU AND LIBRA IS TO END THE USE OF SERVICES AND CANCEL THE ACCOUNT.

If the jurisdiction that you are present does not allow such limitations of liability and warranty, the extent of the liability of Libra shall be the minimum amount permitted under such applicable law. In this case, Libra shall not be responsible from any damage or loss which is unforeseeable. Nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Libra.

You accept and acknowledge to indemnify Libra from any claims, demands, damages and other losses, including reasonable attorneys' fees, asserted by any third-party resulting from or arising out of your use of the Services, or any breach by you of these Terms of Service and to support Libra in the defense made against these claims. Libra reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Libra, and you agree to cooperate with Libra in such a case. You accept that these provisions shall be applicable even after the end of your use of your Account or the Services.

10. Dispute Resolution and Applicable Law 

 

If a dispute arises between you and us, we recommend you to first contact us to seek a resolution to the issue via termsofservice@librasoftworks.com. You accept and acknowledge that all disputes between you and us shall be governed by the laws of the Republic of Turkey and Istanbul (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction over any claims in relation to disputes.

 

11. Class Action Waiver

 

By accepting the Terms of Services, you accept and acknowledge that in case of a potential dispute with Libra or other users, you shall only claim rights on an individual basis, that you waived your right to file a class action lawsuit, that you shall not claim any right against Libra as a plaintiff within a consolidated action or class action lawsuit, that lawsuits of more than one person shall not be consolidated in one lawsuit without the consent of Libra, that you shall not preside over a collective or consolidated arbitration process initiated on behalf of a group and decision taken by a court on an individual lawsuit shall be effective only for the plaintiff of that case and it shall not be used to decide over the disputes with other users. 

 

12. Severability 

 

If any provision of this Terms of Service or the Privacy policy is or understood to be invalid or unenforceable in whole or in part, this provision shall not be enforced to the extent that it is invalid or unenforceable, only in the jurisdiction in which it is invalid or unenforceable, however, other provisions and rules shall remain in force.

13. Assignment

 

You may not assign or transfer any rights or obligations under the Terms of Services or Privacy Policy without the written consent of Libra. Any assignment and transfer done without taking the written consent of Libra is void. Libra reserves the right to assign or delegate any rights or obligations under these Terms of Services or the Privacy Policy, in whole or in part, at any time, without your consent. 

14. Integrity

 

Terms of Services, the Privacy Policy and any kind of document which has been or will be included within the scope of these by reference constitute the entire agreement between Libra and the user; and terminate and supersede all prior agreements or understandings between you and Libra in relation to the Terms of Services.

15. Waiver

 

No failure or delay in exercising any right or remedy under this Terms of Services shall be deemed as a waiver thereof, nor shall any partial exercise of the same preclude any further exercise of the remaining part and shall not be deemed as a waiver thereof. 

16. Notices

 

When we need to give you a notice, we will do this by either posting a message over our Services or via the contact information that you provided to us, if any. You can send all notices within the scope of this Terms of Services to us by using the below information:

  • By Email: termsofservice@librasoftworks.com

  • By Mail: Business İstanbul Merdivenköy, Merdivenköy Mah. Dikyol Sk. No: 10 Yumurtacı Abdi Bey Cad. 34732 Kadıköy İstanbul - Turkey

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