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TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY.
PLAYSTORE END USER LICENCE AGREEMENT
WELCOME TO THE PLAYSTORE END USER LICENCE AGREEMENT!
THIS AGREEMENT SETS OUT THE RULES REQUIRED FOR YOU, AS A PLAYSTORE USER, TO ACCESS THE CONTENT EXCLUSIVELY PREPARED FOR PLAYSTORE USERS.
BY APPROVING THIS END USER LICENCE AGREEMENT OR BY USING THE PLAYSTORE PORTAL FOR THE PURPOSE OF ACCESSING PLAYSTORE, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE AGREEMENT AND THAT YOU ACCEPT ITS TERMS AND CONDITIONS.
1. Parties and Subject Matter
This End User Licence Agreement (hereinafter referred to as the "AGREEMENT") has been entered into electronically (via website) between ASSISTT HOLLAND B.V. (hereinafter referred to as the "OPERATOR") and the USER (the term "USER" in this AGREEMENT refers to YOU), and is intended to govern the rights and obligations of the PARTIES with respect to the USER's access to the OPERATOR's PLAYSTORE Portal (hereinafter referred to as "PLAYSTORE"). (All updates that may be published on the website by the OPERATOR at its sole and absolute discretion from time to time are incorporated into this AGREEMENT.)
In this AGREEMENT, the OPERATOR and the USER are collectively referred to as the "PARTIES". Acceptance of this Agreement on behalf of a legal entity's authorised representative shall constitute a representation that such person has the authority to do so. In the event of unauthorised acceptance of this AGREEMENT, the person who has acted without authority shall assume sole responsibility for the legal sanctions set forth in this AGREEMENT.
2. Rights and Obligations of the User
2.1 Non-Commercial Use
The games and all content available on PLAYSTORE are intended solely for personal use and not for commercial purposes. The USER may not publish, copy, reproduce, adapt, modify, broadcast the lyrics, music, or video clip thereof directly or indirectly, perform before an audience, and/or screen such content, or make it available in public places in any manner whatsoever.
The use or broadcast and/or screening of content made available through PLAYSTORE by the USER in publicly accessible spaces is strictly prohibited. Personal use of the games and all content available on PLAYSTORE at OPERATOR WIFI hotspots, for non-commercial purposes only, is permitted. The rights granted to the USER by the OPERATOR are solely for the non-commercial use of PLAYSTORE. The USER may not derive, directly or indirectly, any income or similar benefit from the use of PLAYSTORE.
The USER may access the OPERATOR's PLAYSTORE and the scope of gaming usage rights within the packages at www.turktelekom.com.tr or such other web addresses as the OPERATOR may deem appropriate. Acceptance of this AGREEMENT shall be deemed to constitute the USER's acceptance of the scope of such package usage rights. Accordingly, please access the relevant addresses to review package information and read it carefully. The OPERATOR reserves the right to amend, at any time, the rights granted to the USER within the membership with respect to use. The USER may not perform any acts or interventions that would damage, obstruct access to, overload, or cause harm to the OPERATOR's or its content, media, or platform suppliers' websites, goods or services, software, data, or databases, nor may the USER use PLAYSTORE in such a manner or in a way that would prevent third parties from benefiting from the OPERATOR's services. The USER may not assign, lease, make available for the use and/or benefit of, or sell the rights granted under this AGREEMENT to any third party in any manner, whether or not for consideration, without the prior written consent of the OPERATOR. Use of PLAYSTORE is at all times subject to the terms and conditions of this AGREEMENT.
The OPERATOR reserves the right to remove content from the PLAYSTORE site or to release updated versions of such content.
2.2 Acceptable Use
The USER agrees to use PLAYSTORE in compliance with all applicable national and international legislation, and with all rules and regulations governing the use of the internet.
Certain games available on the PLAYSTORE site are made available to all USERS without the requirement of membership. Access to all games and services offered by PLAYSTORE requires either being a Türk Telekom internet customer and registering on the PLAYSTORE site, or registering with the relevant service provider's system in accordance with the payment options available on PLAYSTORE.
The USER may not use PLAYSTORE for any unlawful, unintended, fraudulent, or improper purpose, nor permit any third party to do so; may not participate in or encourage any such act; may not act in breach of this AGREEMENT as revised from time to time; and may not permit any third party to exercise the rights acquired under this AGREEMENT. The OPERATOR may terminate this AGREEMENT in the event that any of the foregoing acts are committed by the USER. All other legal rights of the OPERATOR are expressly reserved.
2.3 Game Instructions and Rules of Play
Game instructions and rules applicable to the relevant game or service are announced on the PLAYSTORE website or on the relevant game/service web page. Please read these instructions and rules carefully. In order to play games offered on the PLAYSTORE portal, the USER must meet the "minimum system requirements" specified in the relevant section of PLAYSTORE. The USER acknowledges that they play alongside numerous other users in game worlds or interact with various service users via PLAYSTORE. All USERS are required to comply with the rules in order to ensure a peaceful gaming environment.
By participating, the USER shall be deemed to have accepted the game rules, the conditions of participation in the service, and this AGREEMENT as binding. The USER further acknowledges and undertakes to refrain from any conduct that would disrupt the delivery of the games and services or disturb the peaceful gaming environment.
3. Rights and Obligations of the Operator
The OPERATOR may provide "links" to other websites and/or portals, files, or content owned and operated by third-party vendors, providers, and other third parties not under the OPERATOR's control. Such "links" may be provided by the OPERATOR solely for ease of reference and do not constitute an endorsement of the linked website or its operator, nor do they constitute a representation or warranty of any kind in relation to the website or the information it contains. The OPERATOR bears no responsibility for portals, websites, files, or content accessed via such "links", nor for services or products offered by portals or websites accessed through such links or their content.
The OPERATOR may use USER information or USER information pertaining to membership for an indefinite period and in any manner it deems appropriate for purposes of USER security, performance of its own obligations, and certain statistical assessments, and may classify and retain such information in a database for an indefinite period.
The USER and the OPERATOR are legally independent parties. There is no partnership, agency, or employer-employee relationship between them.
All "usernames and other names" uploaded to the system by the USER within the scope of the service received must not infringe the legal rights of third parties, including copyright, trademarks, trade names, and business names. In the event that the USER acts in breach of this provision, the OPERATOR may request that the USER remedy the non-compliant situation, and may, at its discretion, suspend or permanently terminate the USER's membership without prior notice. In the event that all usernames and other names uploaded by the USER to the system infringe the intellectual and industrial property rights of third parties, including but not limited to copyright, trademarks, trade names, and business names, the USER shall be the sole addressee and shall bear sole responsibility for any claims made by third parties arising therefrom, and shall indemnify and hold the OPERATOR harmless against such claims immediately.
4. Intellectual Property
All intellectual and/or industrial property rights in PLAYSTORE, its sections, and the content, programmes, and works obtained through or in connection with PLAYSTORE are owned by the OPERATOR, its affiliates and subsidiaries and/or the OPERATOR's content, media, or platform suppliers, as well as third parties who hold rights over such works. Use of PLAYSTORE does not vest in the USER any ownership of any intellectual or industrial property rights in the works and content available on PLAYSTORE. The USER may not engage in any activities that infringe the intellectual and/or industrial property rights of the OPERATOR and/or its affiliates and subsidiaries and/or the OPERATOR's content, media, or platform suppliers, or third parties who hold rights over such works and content.
The USER agrees not to modify, adapt, translate, sell, prepare derivative or adapted works from, disrupt the organisation of, or use outside the scope of this AGREEMENT, or modify, or reverse-engineer in a manner that would compromise the integrity of, or attempt to publish in any medium, any works, content elements, images, clips, musical works or compositions, lyrics, or scores within PLAYSTORE or forming part of the relevant content/product/service.
The USER agrees not to remove, conceal, or alter any rights notices or copyright notices, trademarks, or other registered rights notifications pertaining to rights held by the OPERATOR, or by third parties including the OPERATOR's content, media, or platform suppliers, over works within the scope of the PLAYSTORE Portal or related to PLAYSTORE.
Pursuant to this AGREEMENT, the USER agrees to maintain in strict confidence, for an indefinite period, all confidential information obtained in the course of using PLAYSTORE that falls outside the purposes of use of PLAYSTORE and that relates to the system, to third parties who hold rights over works including Türk Telekom's content, media, or platform suppliers, or to Türk Telekom itself, and agrees not to disclose or divulge such information to third parties, directly or indirectly, in whole or in part, in any manner whatsoever.
In the event that the USER fails to comply with the undertakings and obligations set out in this Article, the USER shall bear sole responsibility for all claims by third-party companies and third persons, and shall further be solely liable to compensate the OPERATOR in full for the amount of any damages claimed from the OPERATOR by third parties — including but not limited to licensors in connection with the works and content concerned — as well as all other costs, including but not limited to court costs and attorneys' fees.
All rights of the OPERATOR are reserved, including all assets, rights in rem and personal rights, commercial information, and know-how, as well as all intellectual and material property rights including the OPERATOR's services, information, copyrighted works, trademarks, and trade dress.
5. Limitation of Liability
The OPERATOR shall bear no liability whatsoever for any problems or damages that may arise on the USER's side during the use of content available on PLAYSTORE.
The USER agrees to use all gaming, music, and visual content obtained in connection with PLAYSTORE solely for their own needs and at their own risk. Any data loss or damage to computer systems arising from or in connection with the gaming, music, and visual content of PLAYSTORE shall be the sole responsibility of the USER, and the OPERATOR shall bear no liability in this regard.
The OPERATOR does not guarantee uninterrupted 24/7 availability of PLAYSTORE to USERS and makes no service level or performance commitment in this regard. Effective use of PLAYSTORE and all consequences of such use are the sole responsibility of the USER. The OPERATOR shall bear no liability whatsoever for PLAYSTORE failing to deliver the expected results, whether in full or in part, or for being unfit for purpose, nor for any direct or indirect damages arising therefrom. The OPERATOR shall bear no liability whatsoever for: (a) any loss or damage suffered as a result of any content provided through PLAYSTORE, or for any errors, damage, or corruption in any music, image, photograph, software, equipment, or content; or (b) any infringement of copyright or proprietary rights arising from the USER's use of PLAYSTORE. The OPERATOR shall have the authority, entirely at its own discretion, to modify any content provided through PLAYSTORE, and to remove and/or add content it deems inappropriate.
6. Indemnification
It is the sole responsibility of the USER to verify that all software, programmes, operating system licences, and other licences required for the use of PLAYSTORE and for the viewing and/or listening of gaming, music, visual, and other content obtained from PLAYSTORE are in place, and to obtain such licences where necessary.
In the event that the USER uses PLAYSTORE in breach of the terms of this AGREEMENT, the USER acknowledges, declares, and irrevocably undertakes that: all liability shall rest solely with the USER; the USER shall be solely and individually liable for any loss, damage, and all claims, damages, or demands for compensation brought by third parties arising therefrom; the OPERATOR shall not be a party or addressee to any such claims, complaints, or similar matters; and in the event that the OPERATOR is joined as a defendant in any proceedings brought by third parties as a result of the USER's breach of this AGREEMENT and is required to pay compensation or assumes any obligation to third parties, the USER shall indemnify the OPERATOR for all losses thereby incurred, including primarily the compensation paid, and shall pay all such compensation, damages, and costs in full and unconditionally, in a single payment, without right of recourse, upon demand by the OPERATOR.
7. Data Practices and Privacy Policy
The USER shall bear sole responsibility for all matters relating to the accuracy, security, safekeeping, confidentiality from third parties, and use of the email address and Türk Telekom internet customer number entered for authentication purposes upon logging in to PLAYSTORE; and the OPERATOR shall bear no liability for any inaccuracies in the information entered and/or for access to PLAYSTORE on behalf of the USER resulting from such credentials being intercepted or obtained and used by a third party. The OPERATOR shall bear no liability, direct or indirect, for any losses suffered or that may be suffered by the USER and/or third parties arising from matters relating to the security, safekeeping, confidentiality from third parties, and use of the USER's PLAYSTORE access credentials (username and password). In this context, the USER may not make any claim against the OPERATOR for damages, compensation, or under any other designation whatsoever.
The OPERATOR's Türk Telekom Privacy Policy regarding the safeguarding of personal information is accessible at http://www.turktelekom.com.tr/gizlilikguvenlik. We recommend that you read the said Privacy Policy carefully.
The USER acknowledges and undertakes to keep confidential, for an indefinite period and independently of the termination of this AGREEMENT for any reason, all information the USER may acquire in relation to this AGREEMENT and, by extension, in relation to the OPERATOR.
8. Protection of Personal Data
Türk Telekom acknowledges, declares, and undertakes its obligation to act in compliance with all applicable data protection legislation, procedures, and principles ("Data Protection Legislation") currently in force, including, in particular, Law No. 6698 on the Protection of Personal Data ("Law No. 6698"), the General Data Protection Regulation of the European Union ("GDPR"), secondary legislation, and the decisions and guidelines of the Personal Data Protection Board.
Türk Telekom acknowledges, declares, and undertakes that, with respect to all activities involving the processing of personal data obtained from the User or acquired on behalf of the counterparty during the performance of this Agreement, it is subject to Law No. 6698 and the GDPR, as well as any other applicable national legislation currently in force or that may enter into force in the future concerning the protection of personal data, and that compliance with such legislation in all processing activities involving personal data constitutes a statutory obligation. It further acknowledges, declares, and undertakes that it shall also adhere to the principles set out in the decisions and guidelines to be published by the Personal Data Protection Board ("Board") within the scope of personal data legislation.
All personal data belonging to the User shall be processed, stored, and used in accordance with Law No. 6698, the GDPR, and in any event in conformity with the Disclosure Notice published on ASSISTT HOLLAND B.V.'s website, and exclusively for the purposes specified therein.
9. Connectivity and Accessibility
The USER may access the PLAYSTORE site via personal computer using DSL, ISDN, or other connection methods. However, the OPERATOR shall bear no liability in any form for any limitation in functionality or display.
The OPERATOR employs all available technical means to ensure that the PLAYSTORE site remains continuously accessible. However, access to the site may not be available during periods of routine maintenance and version upgrades, or due to reasons beyond the OPERATOR's control (force majeure events, fault of third parties, etc.). The OPERATOR reserves the right at all times to restrict access to the site for the purposes of protecting user information, network security, and the software of the PLAYSTORE site.
10. Amendments to the Agreement
The OPERATOR may, at its sole and absolute discretion and unilaterally, amend this AGREEMENT at any time it deems appropriate. Amended provisions of this AGREEMENT shall become effective as of the date they are published on the PLAYSTORE website; the USER shall be deemed to have accepted any amendments to this AGREEMENT upon their publication on the OPERATOR's website. We recommend that you review this AGREEMENT frequently in order to be informed of any such amendments. The remaining provisions shall remain in full force and effect and continue to produce their legal consequences. This AGREEMENT may not be amended by the unilateral declarations of the USER.
11. Force Majeure
In all circumstances legally qualifying as "force majeure", the OPERATOR shall bear no liability for any late, partial, or non-performance of any of its obligations under this AGREEMENT. Such circumstances and similar events shall not constitute delay, partial performance, non-performance, or default on the part of the OPERATOR, and no claim for damages or compensation under any designation whatsoever shall be made against the OPERATOR in connection therewith. The term "force majeure" shall be construed as events beyond the reasonable control of the OPERATOR that the OPERATOR is unable to prevent despite exercising due care, including but not limited to natural disasters, riots, wars, strikes, communication failures, infrastructure and internet outages, power cuts, and adverse weather conditions.
12. Miscellaneous Provisions
This AGREEMENT and the legal relationships arising out of its implementation and interpretation shall be governed by Turkish law, and disputes arising from the application of this AGREEMENT shall be subject to Turkish law. The PARTIES agree that the Central Courts and Enforcement Offices of Istanbul shall have jurisdiction over any disputes arising from the implementation of this AGREEMENT.
In the event that a competent court, in proceedings to which this AGREEMENT is a subject matter, declares any provision or part of this AGREEMENT null and void, the remaining provisions and parts shall remain valid and continue in full force and effect.
Türk Telekom may, entirely at its own discretion, assign, transfer, or sub-contract, in whole or in part, its obligations or rights under this AGREEMENT to third parties.
Any waivers of rights applicable to breaches of the provisions of this AGREEMENT or defaults thereunder shall not become effective unless made in writing and signed by the waiving party. A waiver of any particular breach or default shall not be construed as a waiver of any subsequent breach or default.
13. Entry into Force and Termination of the Agreement
The USER shall be deemed to have accepted the terms set forth in this AGREEMENT at the moment the USER uses the PLAYSTORE portal or declares acceptance of this AGREEMENT, and this AGREEMENT shall enter into force between the PARTIES for an indefinite term.
This AGREEMENT and the USER's right to use PLAYSTORE pursuant to the AGREEMENT shall automatically become null and void, without the need for any prior notice, upon: (a) the USER ceasing to use PLAYSTORE and terminating their membership by following the membership cancellation instructions; (b) the occurrence of any of the termination events enumerated in this AGREEMENT; or (c) the termination for any reason of the subscription agreement between the USER and the OPERATOR.
The OPERATOR reserves the right to terminate this Agreement and the USER's authorisation to use PLAYSTORE at any time without prior notice.
The USER acknowledges, declares, and irrevocably undertakes to delete, upon termination of this AGREEMENT for any reason, all gaming, music, visual, and other content obtained from PLAYSTORE from all computers and/or storage media under their ownership, administration, or supervision and control.
This AGREEMENT has been prepared in Turkish, German and English. Unless otherwise agreed, all notifications, requests, demands, declarations, certifications, or other documents and communications to be made in the performance of this AGREEMENT shall be in Turkish, German and English. In the event of a dispute, the Turkish text shall in all cases be deemed authoritative and binding.
