TERMS OF SERVICE
This is a legally binding agreement between you and GO4MG. By installing, using or otherwise accessing the Services, you agree to these Terms of Service. You may also be required to register an account on such Services (an "Account"). If you do not agree to these Terms of Service, please do not install, use or otherwise access the Services. Your right to use the websites and/or Services is subject to your compliance with all of the terms and conditions set forth herein.
By accessing, registering for an Account, using and/or submitting content or messages to or through the Services, including Services available through third party platforms, you represent that you are at least 13 years old or older if you are a resident of the United States, United Kingdom or Canada, 16 years old if you are a resident of the European Economic Area, or an adult in any other jurisdictions. Users Aged 13-18: if you are a parent or guardian and you provide your consent to your child’s registration with the Services, you agree to be bound by these terms in respect of such child’s use of the Services and/or anything accessible or available through the Services or through third party platforms. You also agree that any payments authorized by your child shall be your sole responsibility. If you access the Services from a Social Networking Site ("SNS"), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
BY ACCESSING, INSTALLING, OR OTHERWISE USING ANY OF THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS OUR SERVICES. USE OF SERVICES IS VOID WHERE PROHIBITED.
2. RIGHTS TO MODIFY
3.1. LIMITED LICENSE AND RIGHT TO USE THE SERVICES
Contingent on your agreement and continuing compliance with these Terms of Service and any other relevant GO4MG policies, GO4MG grants you a non-exclusive, non-transferable, non-sublicensable, GO4MG and limited license to access and use Services for your own non-commercial entertainment purposes. You agree not to use Services for any other purposes. The following restrictions apply to the use of the Services: You shall not create an Account or access Services if you are under the age of 13. You shall restrict use by minors, and you will deny access to children under the age of 13. You accept full responsibility for any unauthorized use of Services by minors. You are responsible for any use of your credit card or other payment instrument (PayPal, etc.) by minors. You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not use Services if you have previously been removed by GO4MG, or previously been banned from playing any GO4MG games. You shall use your Account only for non-commercial purposes; You shall not use Services to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone. You may be required to select a password for your Account, or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify GO4MG and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. Services support only one Account per game on a supported device. GO4MG reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
3.2. LIMITATIONS TO LICENSE
Any use of Services in violation of these Limitations to License is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree that you will not, under any circumstances: Engage in any act that GO4MG deems to be in conflict with the spirit or intent of Services or make improper use of GO4MG's support services. Use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with Services, any GO4MG game or any GO4MG game experience. Modify or cause to be modified any files that are a part of Services or any GO4MG game without GO4MG's express written consent. Disrupt, interfere with or otherwise adversely affect the normal flow of Services or otherwise act in a manner that may negatively affect other users' experience when using Services or playing GO4MG's games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in Services to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of Services. Disrupt, overburden, or aid or assist in the disruption or overburdening of any computer or server ("Server") used to offer or support Services or any GO4MG game environment. Institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon Services, or other attempts to disrupt Services or any other person's use or enjoyment of Services. Attempt to gain unauthorized access to Services, Accounts registered to others or to the computers, Servers, or networks connected to Services by any means other than the user interface provided by GO4MG, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of Services. Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive or engage in ongoing toxic behavior, such as by repeatedly posting information on an unsolicited basis. Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content. Attempt to, or harass, abuse, or harm, or advocate or incite harassment, abuse, or harm of another person, group, including GO4MG employees, including GO4MG’s customer service representatives. Make available through the Services any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a GO4MG employee. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Services or any GO4MG game, or to obtain any information from the Services or any GO4MG game using any method not expressly permitted by GO4MG. Solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Services or any GO4MG game. Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Services. GO4MG reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or any of the Services itself. GO4MG reserves the right to take action as a result, which may include terminating your Account and prohibiting you from using the Services in whole or in part.
Your right to access and use the Services will remain effective until terminated in accordance with the Terms of Service. Without limiting any other remedies, GO4MG may limit, suspend, terminate, modify, or delete Accounts or access to the Services or portions thereof if you are, or GO4MG suspects that you are, failing to comply with any of these Terms of Service or for any actual or suspected illegal or improper use of the Services, with or without notice to you. You can lose your user name and persona in the Services as a result of Account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the Services, and GO4MG is under no obligation to compensate you for any such losses or results. Without limiting any other remedies, GO4MG may limit, suspend or terminate the Services and user Accounts or portions thereof, prohibit access to GO4MG games and sites, and their content, Services and tools, delay or remove hosted content, and take technical and legal steps to prevent users from accessing the Services if we believe that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, if appropriate and at our sole discretion, suspend or terminate Accounts of users who may be repeat infringers of third-party intellectual property rights. GO4MG reserves the right to stop offering and/or supporting the Services or a particular game or part of any Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, GO4MG shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Services. Termination of your account can include disabling your access to the Services or any part thereof including any content you submitted, or others submitted. GO4MG reserves the right to terminate any Account that has been inactive for 180 days.
3.4. USER CONTENT LICENSE TO GO4MG
You hereby grant to GO4MG an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, in any way, your User Content as well as all modified and derivative works thereof in connection with our provision of the Services, including marketing and promotions of the Services. You also hereby grant to GO4MG the right to authorize others to exercise any of the rights granted to GO4MG under these Terms of Service. You further hereby grant to GO4MG the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in your User Content, regardless of whether your User Content is altered or changed in any manner. GO4MG does not claim any ownership rights in your User Content and nothing in these Terms of Service is intended to restrict any rights that you may have to use and exploit your User Content. GO4MG has no obligation to monitor or enforce your intellectual property rights in or to your User Content.
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, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a GO4MG game client, and the GO4MG game clients and server software) belong to GO4MG. GO4MG reserves all rights, including without limitation, all intellectual property rights or other proprietary rights, in connection with its games and the Services. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the Account, and you further acknowledge and agree that all rights in and to the Account are and shall forever be owned by and inure to the benefit of GO4MG. GO4MG owns, has licensed, or otherwise has rights to use all of the content that appears in the Services or in GO4MG games. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual goods or currency appearing or originating in any GO4MG game, whether earned in a game or purchased from GO4MG, or any other attributes associated with an Account or stored on the Services.
5. YOUR CONTENT
Any communications, images, sounds, and all the material, data, and information that you upload or transmit through a GO4MG game client or any of the Services, or that other users upload or transmit, including without limitation any chat text transmitted or submitted via any of the Services, you affirm, represent and warrant that such transmission or submission is:
GO4MG assumes no responsibility for the conduct of any user submitting any User Content and assumes no responsibility for monitoring the Services for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Services is at your own risk. By using the Services, you may be exposed to User Content that is offensive, indecent or otherwise not in line with your expectations. You bear all risks associated with the use of any User Content available in connection with the Services. At our discretion, our representatives or technology may monitor and/or record your interaction with the Services or communications (including without limitation chat text) when you are using the Services.
By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including without limitation chat text or voice communications.
GO4MG reserves the right in its sole discretion to review, monitor, prohibit, edit, delete, disable access to or otherwise make unavailable any User Content (including without limitation your User Content) without notice for any reason or for no reason at any time. If at any time GO4MG chooses, in its sole discretion, to monitor the Services, GO4MG nonetheless assumes no responsibility for User Content and assumes no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, in our sole discretion to edit, refuse to post, or remove any User Content.
The Services may include various forums, blogs and chat features where you can post User Content, including your observations and comments on designated topics. GO4MG cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don't want others to use, do not post it on the Services. GO4MG shall have no responsibility to evaluate, use or compensate you for any ideas or information you may choose to submit.
You are solely responsible for the information that you post on, through or in connection with the Services and that you provide to others. GO4MG may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of GO4MG violates these Terms of Service.
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services and/or GO4MG games. GO4MG reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with GO4MG to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting GO4MG access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
In the Services you may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use:
GO4MG may manage, regulate, control, modify or eliminate Virtual Items and/or Valuables at any time, with or without notice. GO4MG shall have no liability to you or any third party in the event that GO4MG exercises any such rights.
The transfer of Virtual Items and Valuables is prohibited except where expressly authorized in the Services. Other than as expressly authorized in the Services, you shall not sell, purchase, redeem or otherwise transfer Virtual Items or Valuables to any person or entity or attempt any of the aforesaid, including but not limited to GO4MG, another user or any third party.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICES ARE FINAL AND NON-REFUNDABLE
The provision of Virtual Items for use in GO4MG games is a service provided by GO4MG that commences immediately upon acceptance by GO4MG of your purchase.
7. FEE PAYMENTS
You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. GO4MG may revise the pricing for the goods and services offered through the Services at any time.
YOU ACKNOWLEDGE THAT GO4MG IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
8. UPDATES TO THE SERVICES
You understand that the Services evolve. GO4MG may require that you accept updates to the Services and to GO4MG’s games you have installed on your device or computer. You acknowledge and agree that GO4MG may update the Services and GO4MG games, with or without notifying you. You may need to update third party software from time to time in order to receive the Services and play GO4MG games.
9. DISCLAIMER OF WARRANTIES
Without limiting GO4MG’s liability under Sections 10 and 11 below, the Services are provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. GO4MG does not warrant that you will be able to access or use the Services at the times or locations of your choosing; that the Services will be uninterrupted or are error-free; that defects will be corrected; or that the game or the Services are free of viruses or other harmful components.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law, GO4MG shall not be liable to you for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited to loss of revenues, lost profits, lost data or business interruption or other intangible losses (however such losses are qualified), arising out of or relating in any way to these Terms of Service or the Services themselves, whether based on contract, tort or any other legal theory, and whether or not GO4MG has been advised of the possibility of such damages. To the extent not prohibited by law, GO4MG shall not be liable to you for more than the amount you have paid to GO4MG in accordance with these Terms of Service in the six (6) months immediately preceding the date on which you first assert a claim. You acknowledge and agree that if you have not paid anything to GO4MG during such time period, your sole remedy (and GO4MG’s exclusive liability) for any dispute with GO4MG is to stop using the Services and to cancel your account.
To the maximum extent permitted by law, GO4MG shall not be responsible for or have any liability for any injuries, damages or death caused by the Services provided by GO4MG.
You agree to indemnify, defend and hold GO4MG (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, demand, damages or 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.
12. DISPUTE RESOLUTION AND LAW
If a dispute arises between you and GO4MG, we strongly encourage you to first contact us directly to seek a resolution by going to our customer support site at https://www.go4mg.com/. You agree that all disputes between you and GO4MG shall be governed by the laws of Turkey, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GO4MG must be resolved exclusively by a court located in Istanbul, Turkey.
GO4MG may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.
Except as expressly and specifically set forth in this these Terms of Service, no representations, statements, consents, waivers, or other acts or omissions by GO4MG shall be deemed a modification of these Terms of Service nor legally binding, unless documented in physical writing, hand signed by You and a duly appointed officer of GO4MG.
You acknowledge that the rights granted and obligations made under these Terms of Service to GO4MG are of a unique and irreplaceable nature, the loss of which shall irreparably harm GO4MG and which cannot be replaced by monetary damages alone so that GO4MG shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief, or to enjoin or restrain the operation of the Services or any GO4MG game, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages, limited by Sections 10 and 11 (if any).
GO4MG shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of GO4MG, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond GO4MG’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.