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TERMS OF SERVICE
Effective Date: June 4, 2024
These Terms of Service govern the relationship between you and BLAYGAMES OYUN VE
YAZILIM HİZMETLERİ A.Ş, a Turkish company (VAT ID 1781372720) with its registered office at
Barbaros mahallesi Kardelen Sokak, No: 2, Kat:10, PK: 34746 (referred to as "Blay Games,"
"Us," or "We") concerning your usage of Blay Games' games, store, sites, and associated
services (the "Service"). The use of the Service also adheres to Blay Games' Privacy Policy and
other pertinent policies, which are included herein by reference.
Prior to accessing or utilizing the Service, whether by browsing Blay Games' websites or
engaging in a game, you must agree to these Terms of Service and the Privacy Policy.
Registering an account on the Service (collectively "Account"), such as game Accounts and
Blay Games ID, may be required. By using or registering for an Account or otherwise engaging
with the Service, you confirm that you are of legal age as defined by your country of residence.
If not, your legal guardian must review and consent to these Terms of Service.
Blay Games may introduce additional services or features within the Service, subject to their
own terms and conditions. Your utilization of such services or features implies acceptance of
their respective terms.
By INSTALLING, USING, or OTHERWISE ACCESSING the Service, YOU AGREE TO THESE
TERMS OF SERVICE. If these Terms of Service are not agreeable to you, please refrain from
INSTALLING, USING, or OTHERWISE ACCESSING the Service. The use of the Service is not
permitted in areas where prohibited by law.
You acknowledge and agree that accessing the Service, including any updates or modifications,
may necessitate internet access, for which you are responsible for any associated fees.
Blay Games reserves the right, at its discretion, to suspend, terminate, or restrict your access to
the Service without prior notice in case of violation of these Terms of Service or other policies.
IMPORTANT NOTICE: For U.S. and Canadian residents, you consent to resolving disputes with
Blay Games on an individual basis through final and binding arbitration, as detailed in Section 8
(“Dispute Resolution”).
Blay Games reserves the discretion to modify, amend, add, or remove portions of these Terms
of Service, its Privacy Policy, and other relevant Blay Games policies at any time by posting
revised terms on the Service. Continued usage of the Service will indicate acceptance of such
changes.
Blay Games may, at its discretion, inform users of significant alterations to the Terms of Service
via email or within the Service interface.
Should you disagree with any section of the current version of our Terms of Service, the Blay
Games Privacy Policy, or any other Blay Games policy, regulations, or codes of conduct related
to Service usage, your right to utilize the Service will immediately cease, and you must
discontinue its use.
1. Using the Service
1.1. Your Right to Use the Service
Upon your acceptance and continuous adherence to these Terms of Service and any relevant
Blay Games policies, you are granted a non-exclusive, non-transferable, non-sublicensable,
revocable, and limited right to access and utilize the Service solely for your personal,
non-commercial entertainment purposes. The Service must not be used for any other purpose.
The following restrictions apply to Service usage:
You take full responsibility for any unauthorized Service use by minors. Furthermore, any use of
your credit card or payment instrument by minors is your responsibility.
You must not (or attempt to) sell, buy, rent, or transfer your Account, create an Account using
false details, or on behalf of another individual. Additionally, you must refrain from using the
Service if previously removed or banned by Blay Games from any game.
Using the Service for advertising, solicitation, or transmission of commercial content like chain
letters, spam, or misleading messages is prohibited.
Login Information and Your Account
You may need to set a password for your Account or utilize other credentials ("Login
Information") to access it. Sharing the Account or Login Information, or any action jeopardizing
Account security, is strictly prohibited. Should any breach of security, such as loss, theft, or
unauthorized disclosure of Login Information occur, you must promptly inform Blay Games and
update your Login Information. You are solely responsible for maintaining Login Information
confidentiality and any Account use, including unauthorized purchases.
Blay Games reserves the right to reclaim or remove usernames for various reasons, including
claims by third parties of username violations.
If not using Blay Games ID, the Service supports only one Account per game on a compatible
device.
Blay Games ID
Blay Games ID allows securing your game account and seamless gameplay across your mobile
devices and PC. Once you sign up for Blay Games ID, it cannot be disconnected to ensure
account security and privacy. For inquiries regarding Blay Games ID, contact us through the
support features within Blay Games games.
Use Limitations
Any Service use violating these Use Limitations is strictly forbidden, leading to the immediate
revocation of your limited rights and potential legal liability.
You agree not to, under any circumstances:
- Engage in activities conflicting with the Service's spirit or intent, or misuse Blay Games’
support services.
- Use cheats, exploits, bots, or unauthorized third-party software modifying or interfering
with the Service or any Blay Games game.
- Alter Service files without Blay Games’ explicit written consent.
- Disrupt or adversely affect the Service’s normal operation or other users' experience,
including manipulation of rankings and exploiting Service errors.
- Disrupt or overload any computer or server supporting the Service.
- Initiate or participate in attacks disrupting the Service or others' usage.
- Attempt unauthorized access to the Service or others' Accounts or the connected
computers, servers, or networks.
- Post abusive, threatening, obscene, or offensive content, including links to such content.
- Harass, abuse, or advocate harm towards others or their personal information.
- Violate intellectual property rights or collect others' private information.
- Reverse engineer Service software or derive its source code or obtain information not
permitted by Blay Games.
- Solicit or attempt to obtain others' Login Information or personal details.
- Use any Blay Games game for gambling or similar activities.
- Blay Games reserves the right to determine violations, taking action, including Account
termination, for behavior inconsistent with these Terms or the Service's spirit.
1.2. Suspension and Termination of Account and Service
BLAY GAMES MAY, WITH OR WITHOUT NOTICE, LIMIT, SUSPEND, TERMINATE, MODIFY,
OR DELETE ACCOUNTS OR SERVICE ACCESS (i) FOR NON-COMPLIANCE WITH THESE
TERMS OF SERVICE OR (ii) DUE TO ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER
SERVICE USE. ACCOUNT TERMINATION OR LIMITATION CAN RESULT IN LOSSES
WITHOUT COMPENSATION.
Besides, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE, ACCOUNTS, OR
ACCESS IF USERS POSE RISK OR LEGAL LIABILITIES, INFRINGE THIRD-PARTY RIGHTS,
OR VIOLATE OUR TERMS OR POLICIES. IN APPROPRIATE CIRCUMSTANCES, WE MAY
SUSPEND OR TERMINATE REPEAT INFRINGERS' ACCOUNTS.
BLAY GAMES MAY TERMINATE INACTIVE ACCOUNTS AFTER 180 DAYS.
Blay Games may discontinue specific games or the entire Service at any time, terminating your
Service access. In such cases, no refunds or compensation will be provided. Account
termination may include disabling access to Service content.
You can terminate your Account anytime by following our support page instructions at
https://support.blaygames.com or notifying Blay Games by sending an email to
info@blaygames.com.
2. Ownership
2.1. Games and Service
The Service, comprising a broad spectrum of elements such as games, code, characters,
narratives, artworks, and more, stands as the exclusive property of Blay Games. This
encompasses every vital aspect essential for the Service's functionality, covering intellectual
property rights, proprietary rights, moral rights, and the comprehensive suite of elements that
shape the games and the Service itself. Ownership of the Service includes various components
crucial for its operation, such as games, code, characters, narratives, and artwork. These
aspects are solely owned by Blay Games.
2.2. Accounts
It's imperative to recognize and consent that no form of ownership or property interest in the
Account is attributed to users. Every right associated with the Account unequivocally belongs to
Blay Games, both currently and indefinitely in the future. The exclusive ownership of the
Account by Blay Games implies that users do not have any ownership or property rights over
their Account or its contents.
2.3. Virtual Content
Blay Games maintains ownership, licenses, or the necessary rights to utilize all content visible
within the Service or Blay Games games. Despite any contradictory clauses in this agreement, it
is unanimously agreed that users hold no rights or entitlements to any content within the
Service. Users acknowledge that they hold no rights to the content within the Service, including
virtual items, features, and currency obtained through gameplay or purchases.
3. User Content
3.1. Submission of User Content
"User Content" encompasses any data, communications, images, sounds, or material
transmitted through a Blay Games game client or the Service, including chat text. By sharing
User Content, you affirm that it is (a) accurate, non-confidential, and not misleading; (b)
compliant with laws, contracts, and third-party rights, with necessary permissions; (c) free from
malicious code; and (d) subject to Blay Games processing your personal information in line with
its Privacy Policy. The term "User Content" refers to various forms of information, such as
messages, images, and data, transmitted through Blay Games' platforms. Users must ensure
the accuracy and legality of shared content and acknowledge Blay Games' processing of
personal information as outlined in its Privacy Policy.
3.1.1. Content Screening
Blay Games does not assume responsibility for user conduct or actively monitor the Service for
inappropriate content. Users are exposed to potential offensive content, and interactions may be
monitored or recorded at Blay Games' discretion. Users have no expectation of privacy
regarding User Content transmission, including chat text or voice communications. Blay Games
retains the right to monitor user interactions within the Service and assumes no obligation to
modify or remove inappropriate User Content. Users' acknowledgment of potential monitoring
implies no expectation of privacy regarding User Content transmission.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may feature forums and chat functionalities for User Content posting. Blay Games
cannot guarantee the confidentiality of shared information. Users are advised not to post
confidential information if they wish to prevent its use by others, as Blay Games holds no
responsibility for evaluating or compensating for shared ideas or information. Blay Games bears
no responsibility for assessing or compensating users for ideas or information shared on the
Service. Users are advised against sharing confidential information to prevent potential use by
other Service members.
3.2.2. Responsible For Your Own Content
Users bear sole responsibility for the information they post within the Service. Blay Games may
reject or remove User Content that violates the Terms of Service without explanation. Users are
solely responsible for the content they post, and Blay Games reserves the right to remove any
content that violates its terms without providing a reason.
3.2.3. Your License to Blay Games
By using the Service, users grant Blay Games an irrevocable, perpetual license to utilize and
modify their User Content for Service provision and promotional activities. Users waive certain
rights to their User Content, allowing Blay Games to use their material without obligation or
restriction. Users grant Blay Games the right to use their User Content for Service provision and
marketing purposes without being entitled to attribution or moral rights.
3.3. User Interactions
Users are accountable for their interactions within the Service and Blay Games' games. Blay
Games may intervene in disputes but isn't obligated to do so. Users agree to cooperate with
Blay Games in investigating any suspected unlawful activity and release Blay Games from
claims arising from disputes with other users. Users must cooperate in investigating suspicious
activities and release Blay Games from claims related to disputes with other users.
4. Fees and Purchase Terms
4.1. Purchases
Within the Service, you may acquire a limited, non-transferable right to use Virtual Items,
including virtual currency, in-game content, or services, with real-world currency. Your purchase
commences the performance of the agreement, and you explicitly consent to the delivery of
purchased content before the statutory withdrawal period ends, waiving your withdrawal rights.
Users acknowledge the commencement of purchase performance before the withdrawal
period's end, thereby relinquishing the statutory right of withdrawal. Blay Games retains the
authority to regulate, modify, or eliminate Virtual Items without liability. Transferring Virtual Items
is prohibited unless expressly authorized within the Service. All purchases and redemptions of
Virtual Items through the Service are final and non-refundable, except where mandated by
applicable law. Users agree that all purchases and redemptions of Virtual Items are final and
non-refundable, except where legally required.
4.2. Payment of Fees
Users are responsible for all fees and applicable taxes incurred by them or by individuals using
their registered Account. Blay Games reserves the right to revise pricing for Virtual Items offered
through the Service at any time. Users are accountable for all fees and taxes associated with
their Account, and Blay Games may alter Virtual Item pricing without notice.
5. Updates to the Service
The Service is subject to continuous evolution, and Blay Games may necessitate your
acceptance of updates to the Service and installed Blay Games' games. Blay Games holds the
right to update the Service and games without prior notification. Users may need to update
third-party software periodically to access the Service and play Blay Games' games. Users
understand that the Service evolves over time, requiring acceptance of updates for continued
access to the Service and Blay Games' games.
6. Disclaimer of Warranties
The Service is provided "as is" and "as available," without warranties of any kind, express or
implied. Blay Games disclaims warranties related to uninterrupted use, error-free operation, or
absence of harmful components. Users acknowledge that the Service is provided without
warranties regarding uninterrupted access, error-free operation, or absence of harmful
components.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the maximum extent allowed by law, Blay Games shall not be liable for indirect, incidental,
consequential, or similar damages arising from these Terms of Service or the Service itself.
Users acknowledge the limitation of Blay Games' liability and agree that ceasing Service use is
the sole remedy for disputes with Blay Games.
Statutory consumer rights remain unaffected by these terms, and liability for gross negligence,
willful misconduct, death, or personal injury is not excluded. You agree to indemnify Blay Games
against third-party claims arising from your Service use or breach of these Terms of Service,
excluding claims not attributable to your intentional or negligent behavior.
8. Dispute Resolution
Processes for dispute resolution specified in this agreement apply to disputes related to these
Terms of Service, the Privacy Policy, or the Service, even post-Account deletion. Dispute
resolution processes are applicable to disputes, regardless of Account status or when disputes
originated.
8.1. Informal Dispute Resolution
You must attempt informal resolution with Blay Games for at least thirty days before initiating
arbitration by providing written notice to info@blaygames.com.
8.2. Arbitration
Disputes shall be exclusively resolved via arbitration, conducted by a neutral arbitrator. Both
parties waive the right to a trial by judge or jury. Users forgo trials in favor of arbitration, which
operates under different rules than formal lawsuits.
8.3. Arbitration Process
Istanbul Courts or American Arbitration Association (AAA) rules will apply for arbitration,
following AAA's Consumer Arbitration Rules. Each party covers their arbitration fees, unless
specified otherwise by the arbitrator. Istanbul Rules’ and AAA's rules and procedures apply, and
each party bears its arbitration costs, unless otherwise directed by the arbitrator.
8.4 Exceptions to Agreement to Arbitrate
Certain disputes—e.g., claims concerning intellectual property, piracy, small claims court—are
exempt from arbitration and are resolved in a court of competent jurisdiction. Specific disputes,
such as intellectual property claims or those not subject to arbitration, are resolved in a court
setting.
8.5 No Class Actions
Claims must be brought on an individual basis; class actions are prohibited. Users are
precluded from pursuing class actions against Blay Games.
8.6 Opt-Out of Arbitration Agreement
Users may opt out of the arbitration agreement within 30 days of initial Service use by notifying
info@blaygames.com. Users can opt out of arbitration within 30 days, with Blay Games also
released from these provisions if the user opts out.
8.7 Alternative and Online Dispute Resolution
For EU/EEA consumers, alternative dispute resolution methods like the Online Dispute
Resolution platform provided by the European Commission may be utilized.
9. Applicable Law
If you are a resident of the United States or Canada, the United States Federal Arbitration Act
governs the arbitration agreement and no class actions provisions under Section 8. Disputes
related to these Terms of Service, Privacy Policy, or the Service shall be governed by the laws
of the State of California, USA. Residents in the US or Canada are bound by the Federal
Arbitration Act concerning arbitration provisions and are subject to California state laws for
disputes.
If you reside outside the United States and Canada, you agree that disputes arising from these
Terms of Service, Privacy Policy, or the Service shall be governed by Türkiye laws, irrespective
of conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
For US and Canadian residents, unresolved claims not subject to arbitration under Section 8
must be exclusively resolved in federal or state courts in San Francisco, California. Unresolved
claims for US and Canadian residents not subject to arbitration are to be addressed in San
Francisco, California courts.
For residents outside the United States and Canada, claims or disputes against Blay Games
must be exclusively resolved in Türkiye courts. Residents outside the US and Canada must
resolve claims against Blay Games solely in Türkiye courts.
11. Severability
Should any portion of these Terms of Service or the Blay Games Privacy Policy be deemed
illegal or unenforceable by a competent court, the provision is ineffective only within that
jurisdiction. The rest of the terms remain in full force, unaffected by such determinations of
invalidity or unenforceability.
12. General Provisions
12.1. Assignment
Blay Games may assign or delegate these Terms of Service and/or the Blay Games Privacy
Policy, in whole or in part, to any person or entity at any time with or without your consent. You
may not assign or delegate any rights or obligations under the Terms of Service or Privacy
Policy without Blay Games’ prior written consent, and any unauthorized assignment and
delegation by you is ineffective. In the event of assignment or delegation of these terms by Blay
Games to a third party, your rights under these terms shall remain in force, subject to the terms
herein.
12.2. Supplemental Policies
Blay Games may publish additional policies related to specific services such as forums,
contests, loyalty programs or referral programs. Your right to use such services is subject to
those specific policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated
by reference herein (including the Blay Games Privacy Policy), contain the entire understanding
of you and Blay Games.
12.4. No Waiver
Blay Games' failure to require or enforce your strict compliance with any provision of these
Terms of Service or the Blay Games Privacy Policy or to exercise any rights thereunder will not
constitute or constitute a waiver of Blay Games' rights under the contract.
12.5. Notices
Users may be informed via e-mail or other communication tools about changes and adjustments
made or to be made in Blay Games games. Except for such notices, all legal notices that may
be given or permitted by the user under the Terms of Service or the Blay Games Privacy Policy
must be in writing and sent to the following address: Barbaros Mahallesi Kardelen Sokak, No: 2,
Kat:10, PK: 34746, Istanbul Turkey. Any notices required or given under these terms may be
delivered electronically via the Service.
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to
Blay Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm
Blay Games and which cannot be replaced by monetary damages alone so that Blay Games
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
agree that Blay Games has the right to seek immediate injunctive relief if your actions or
breaches cause or may cause irreparable harm to the Service.
12.7. Force Majeure
Blay Games shall not be liable for any delay or failure to perform resulting from causes outside
the reasonable control of Blay Games, including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause beyond Blay Games’ 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.
Effective Date: June 4, 2024
These Terms of Service govern the relationship between you and BLAYGAMES OYUN VE
YAZILIM HİZMETLERİ A.Ş, a Turkish company (VAT ID 1781372720) with its registered office at
Barbaros mahallesi Kardelen Sokak, No: 2, Kat:10, PK: 34746 (referred to as "Blay Games,"
"Us," or "We") concerning your usage of Blay Games' games, store, sites, and associated
services (the "Service"). The use of the Service also adheres to Blay Games' Privacy Policy and
other pertinent policies, which are included herein by reference.
Prior to accessing or utilizing the Service, whether by browsing Blay Games' websites or
engaging in a game, you must agree to these Terms of Service and the Privacy Policy.
Registering an account on the Service (collectively "Account"), such as game Accounts and
Blay Games ID, may be required. By using or registering for an Account or otherwise engaging
with the Service, you confirm that you are of legal age as defined by your country of residence.
If not, your legal guardian must review and consent to these Terms of Service.
Blay Games may introduce additional services or features within the Service, subject to their
own terms and conditions. Your utilization of such services or features implies acceptance of
their respective terms.
By INSTALLING, USING, or OTHERWISE ACCESSING the Service, YOU AGREE TO THESE
TERMS OF SERVICE. If these Terms of Service are not agreeable to you, please refrain from
INSTALLING, USING, or OTHERWISE ACCESSING the Service. The use of the Service is not
permitted in areas where prohibited by law.
You acknowledge and agree that accessing the Service, including any updates or modifications,
may necessitate internet access, for which you are responsible for any associated fees.
Blay Games reserves the right, at its discretion, to suspend, terminate, or restrict your access to
the Service without prior notice in case of violation of these Terms of Service or other policies.
IMPORTANT NOTICE: For U.S. and Canadian residents, you consent to resolving disputes with
Blay Games on an individual basis through final and binding arbitration, as detailed in Section 8
(“Dispute Resolution”).
Blay Games reserves the discretion to modify, amend, add, or remove portions of these Terms
of Service, its Privacy Policy, and other relevant Blay Games policies at any time by posting
revised terms on the Service. Continued usage of the Service will indicate acceptance of such
changes.
Blay Games may, at its discretion, inform users of significant alterations to the Terms of Service
via email or within the Service interface.
Should you disagree with any section of the current version of our Terms of Service, the Blay
Games Privacy Policy, or any other Blay Games policy, regulations, or codes of conduct related
to Service usage, your right to utilize the Service will immediately cease, and you must
discontinue its use.
1. Using the Service
1.1. Your Right to Use the Service
Upon your acceptance and continuous adherence to these Terms of Service and any relevant
Blay Games policies, you are granted a non-exclusive, non-transferable, non-sublicensable,
revocable, and limited right to access and utilize the Service solely for your personal,
non-commercial entertainment purposes. The Service must not be used for any other purpose.
The following restrictions apply to Service usage:
You take full responsibility for any unauthorized Service use by minors. Furthermore, any use of
your credit card or payment instrument by minors is your responsibility.
You must not (or attempt to) sell, buy, rent, or transfer your Account, create an Account using
false details, or on behalf of another individual. Additionally, you must refrain from using the
Service if previously removed or banned by Blay Games from any game.
Using the Service for advertising, solicitation, or transmission of commercial content like chain
letters, spam, or misleading messages is prohibited.
Login Information and Your Account
You may need to set a password for your Account or utilize other credentials ("Login
Information") to access it. Sharing the Account or Login Information, or any action jeopardizing
Account security, is strictly prohibited. Should any breach of security, such as loss, theft, or
unauthorized disclosure of Login Information occur, you must promptly inform Blay Games and
update your Login Information. You are solely responsible for maintaining Login Information
confidentiality and any Account use, including unauthorized purchases.
Blay Games reserves the right to reclaim or remove usernames for various reasons, including
claims by third parties of username violations.
If not using Blay Games ID, the Service supports only one Account per game on a compatible
device.
Blay Games ID
Blay Games ID allows securing your game account and seamless gameplay across your mobile
devices and PC. Once you sign up for Blay Games ID, it cannot be disconnected to ensure
account security and privacy. For inquiries regarding Blay Games ID, contact us through the
support features within Blay Games games.
Use Limitations
Any Service use violating these Use Limitations is strictly forbidden, leading to the immediate
revocation of your limited rights and potential legal liability.
You agree not to, under any circumstances:
- Engage in activities conflicting with the Service's spirit or intent, or misuse Blay Games’
support services.
- Use cheats, exploits, bots, or unauthorized third-party software modifying or interfering
with the Service or any Blay Games game.
- Alter Service files without Blay Games’ explicit written consent.
- Disrupt or adversely affect the Service’s normal operation or other users' experience,
including manipulation of rankings and exploiting Service errors.
- Disrupt or overload any computer or server supporting the Service.
- Initiate or participate in attacks disrupting the Service or others' usage.
- Attempt unauthorized access to the Service or others' Accounts or the connected
computers, servers, or networks.
- Post abusive, threatening, obscene, or offensive content, including links to such content.
- Harass, abuse, or advocate harm towards others or their personal information.
- Violate intellectual property rights or collect others' private information.
- Reverse engineer Service software or derive its source code or obtain information not
permitted by Blay Games.
- Solicit or attempt to obtain others' Login Information or personal details.
- Use any Blay Games game for gambling or similar activities.
- Blay Games reserves the right to determine violations, taking action, including Account
termination, for behavior inconsistent with these Terms or the Service's spirit.
1.2. Suspension and Termination of Account and Service
BLAY GAMES MAY, WITH OR WITHOUT NOTICE, LIMIT, SUSPEND, TERMINATE, MODIFY,
OR DELETE ACCOUNTS OR SERVICE ACCESS (i) FOR NON-COMPLIANCE WITH THESE
TERMS OF SERVICE OR (ii) DUE TO ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER
SERVICE USE. ACCOUNT TERMINATION OR LIMITATION CAN RESULT IN LOSSES
WITHOUT COMPENSATION.
Besides, WE MAY LIMIT, SUSPEND, OR TERMINATE THE SERVICE, ACCOUNTS, OR
ACCESS IF USERS POSE RISK OR LEGAL LIABILITIES, INFRINGE THIRD-PARTY RIGHTS,
OR VIOLATE OUR TERMS OR POLICIES. IN APPROPRIATE CIRCUMSTANCES, WE MAY
SUSPEND OR TERMINATE REPEAT INFRINGERS' ACCOUNTS.
BLAY GAMES MAY TERMINATE INACTIVE ACCOUNTS AFTER 180 DAYS.
Blay Games may discontinue specific games or the entire Service at any time, terminating your
Service access. In such cases, no refunds or compensation will be provided. Account
termination may include disabling access to Service content.
You can terminate your Account anytime by following our support page instructions at
https://support.blaygames.com or notifying Blay Games by sending an email to
info@blaygames.com.
2. Ownership
2.1. Games and Service
The Service, comprising a broad spectrum of elements such as games, code, characters,
narratives, artworks, and more, stands as the exclusive property of Blay Games. This
encompasses every vital aspect essential for the Service's functionality, covering intellectual
property rights, proprietary rights, moral rights, and the comprehensive suite of elements that
shape the games and the Service itself. Ownership of the Service includes various components
crucial for its operation, such as games, code, characters, narratives, and artwork. These
aspects are solely owned by Blay Games.
2.2. Accounts
It's imperative to recognize and consent that no form of ownership or property interest in the
Account is attributed to users. Every right associated with the Account unequivocally belongs to
Blay Games, both currently and indefinitely in the future. The exclusive ownership of the
Account by Blay Games implies that users do not have any ownership or property rights over
their Account or its contents.
2.3. Virtual Content
Blay Games maintains ownership, licenses, or the necessary rights to utilize all content visible
within the Service or Blay Games games. Despite any contradictory clauses in this agreement, it
is unanimously agreed that users hold no rights or entitlements to any content within the
Service. Users acknowledge that they hold no rights to the content within the Service, including
virtual items, features, and currency obtained through gameplay or purchases.
3. User Content
3.1. Submission of User Content
"User Content" encompasses any data, communications, images, sounds, or material
transmitted through a Blay Games game client or the Service, including chat text. By sharing
User Content, you affirm that it is (a) accurate, non-confidential, and not misleading; (b)
compliant with laws, contracts, and third-party rights, with necessary permissions; (c) free from
malicious code; and (d) subject to Blay Games processing your personal information in line with
its Privacy Policy. The term "User Content" refers to various forms of information, such as
messages, images, and data, transmitted through Blay Games' platforms. Users must ensure
the accuracy and legality of shared content and acknowledge Blay Games' processing of
personal information as outlined in its Privacy Policy.
3.1.1. Content Screening
Blay Games does not assume responsibility for user conduct or actively monitor the Service for
inappropriate content. Users are exposed to potential offensive content, and interactions may be
monitored or recorded at Blay Games' discretion. Users have no expectation of privacy
regarding User Content transmission, including chat text or voice communications. Blay Games
retains the right to monitor user interactions within the Service and assumes no obligation to
modify or remove inappropriate User Content. Users' acknowledgment of potential monitoring
implies no expectation of privacy regarding User Content transmission.
3.2. Information Use by Other Members of the Service
3.2.1. Public Discourse
The Service may feature forums and chat functionalities for User Content posting. Blay Games
cannot guarantee the confidentiality of shared information. Users are advised not to post
confidential information if they wish to prevent its use by others, as Blay Games holds no
responsibility for evaluating or compensating for shared ideas or information. Blay Games bears
no responsibility for assessing or compensating users for ideas or information shared on the
Service. Users are advised against sharing confidential information to prevent potential use by
other Service members.
3.2.2. Responsible For Your Own Content
Users bear sole responsibility for the information they post within the Service. Blay Games may
reject or remove User Content that violates the Terms of Service without explanation. Users are
solely responsible for the content they post, and Blay Games reserves the right to remove any
content that violates its terms without providing a reason.
3.2.3. Your License to Blay Games
By using the Service, users grant Blay Games an irrevocable, perpetual license to utilize and
modify their User Content for Service provision and promotional activities. Users waive certain
rights to their User Content, allowing Blay Games to use their material without obligation or
restriction. Users grant Blay Games the right to use their User Content for Service provision and
marketing purposes without being entitled to attribution or moral rights.
3.3. User Interactions
Users are accountable for their interactions within the Service and Blay Games' games. Blay
Games may intervene in disputes but isn't obligated to do so. Users agree to cooperate with
Blay Games in investigating any suspected unlawful activity and release Blay Games from
claims arising from disputes with other users. Users must cooperate in investigating suspicious
activities and release Blay Games from claims related to disputes with other users.
4. Fees and Purchase Terms
4.1. Purchases
Within the Service, you may acquire a limited, non-transferable right to use Virtual Items,
including virtual currency, in-game content, or services, with real-world currency. Your purchase
commences the performance of the agreement, and you explicitly consent to the delivery of
purchased content before the statutory withdrawal period ends, waiving your withdrawal rights.
Users acknowledge the commencement of purchase performance before the withdrawal
period's end, thereby relinquishing the statutory right of withdrawal. Blay Games retains the
authority to regulate, modify, or eliminate Virtual Items without liability. Transferring Virtual Items
is prohibited unless expressly authorized within the Service. All purchases and redemptions of
Virtual Items through the Service are final and non-refundable, except where mandated by
applicable law. Users agree that all purchases and redemptions of Virtual Items are final and
non-refundable, except where legally required.
4.2. Payment of Fees
Users are responsible for all fees and applicable taxes incurred by them or by individuals using
their registered Account. Blay Games reserves the right to revise pricing for Virtual Items offered
through the Service at any time. Users are accountable for all fees and taxes associated with
their Account, and Blay Games may alter Virtual Item pricing without notice.
5. Updates to the Service
The Service is subject to continuous evolution, and Blay Games may necessitate your
acceptance of updates to the Service and installed Blay Games' games. Blay Games holds the
right to update the Service and games without prior notification. Users may need to update
third-party software periodically to access the Service and play Blay Games' games. Users
understand that the Service evolves over time, requiring acceptance of updates for continued
access to the Service and Blay Games' games.
6. Disclaimer of Warranties
The Service is provided "as is" and "as available," without warranties of any kind, express or
implied. Blay Games disclaims warranties related to uninterrupted use, error-free operation, or
absence of harmful components. Users acknowledge that the Service is provided without
warranties regarding uninterrupted access, error-free operation, or absence of harmful
components.
7. Limitation of Liability; Sole and Exclusive Remedy; Indemnification
To the maximum extent allowed by law, Blay Games shall not be liable for indirect, incidental,
consequential, or similar damages arising from these Terms of Service or the Service itself.
Users acknowledge the limitation of Blay Games' liability and agree that ceasing Service use is
the sole remedy for disputes with Blay Games.
Statutory consumer rights remain unaffected by these terms, and liability for gross negligence,
willful misconduct, death, or personal injury is not excluded. You agree to indemnify Blay Games
against third-party claims arising from your Service use or breach of these Terms of Service,
excluding claims not attributable to your intentional or negligent behavior.
8. Dispute Resolution
Processes for dispute resolution specified in this agreement apply to disputes related to these
Terms of Service, the Privacy Policy, or the Service, even post-Account deletion. Dispute
resolution processes are applicable to disputes, regardless of Account status or when disputes
originated.
8.1. Informal Dispute Resolution
You must attempt informal resolution with Blay Games for at least thirty days before initiating
arbitration by providing written notice to info@blaygames.com.
8.2. Arbitration
Disputes shall be exclusively resolved via arbitration, conducted by a neutral arbitrator. Both
parties waive the right to a trial by judge or jury. Users forgo trials in favor of arbitration, which
operates under different rules than formal lawsuits.
8.3. Arbitration Process
Istanbul Courts or American Arbitration Association (AAA) rules will apply for arbitration,
following AAA's Consumer Arbitration Rules. Each party covers their arbitration fees, unless
specified otherwise by the arbitrator. Istanbul Rules’ and AAA's rules and procedures apply, and
each party bears its arbitration costs, unless otherwise directed by the arbitrator.
8.4 Exceptions to Agreement to Arbitrate
Certain disputes—e.g., claims concerning intellectual property, piracy, small claims court—are
exempt from arbitration and are resolved in a court of competent jurisdiction. Specific disputes,
such as intellectual property claims or those not subject to arbitration, are resolved in a court
setting.
8.5 No Class Actions
Claims must be brought on an individual basis; class actions are prohibited. Users are
precluded from pursuing class actions against Blay Games.
8.6 Opt-Out of Arbitration Agreement
Users may opt out of the arbitration agreement within 30 days of initial Service use by notifying
info@blaygames.com. Users can opt out of arbitration within 30 days, with Blay Games also
released from these provisions if the user opts out.
8.7 Alternative and Online Dispute Resolution
For EU/EEA consumers, alternative dispute resolution methods like the Online Dispute
Resolution platform provided by the European Commission may be utilized.
9. Applicable Law
If you are a resident of the United States or Canada, the United States Federal Arbitration Act
governs the arbitration agreement and no class actions provisions under Section 8. Disputes
related to these Terms of Service, Privacy Policy, or the Service shall be governed by the laws
of the State of California, USA. Residents in the US or Canada are bound by the Federal
Arbitration Act concerning arbitration provisions and are subject to California state laws for
disputes.
If you reside outside the United States and Canada, you agree that disputes arising from these
Terms of Service, Privacy Policy, or the Service shall be governed by Türkiye laws, irrespective
of conflict of law provisions.
10. Venue for Disputes Not Subject to Arbitration
For US and Canadian residents, unresolved claims not subject to arbitration under Section 8
must be exclusively resolved in federal or state courts in San Francisco, California. Unresolved
claims for US and Canadian residents not subject to arbitration are to be addressed in San
Francisco, California courts.
For residents outside the United States and Canada, claims or disputes against Blay Games
must be exclusively resolved in Türkiye courts. Residents outside the US and Canada must
resolve claims against Blay Games solely in Türkiye courts.
11. Severability
Should any portion of these Terms of Service or the Blay Games Privacy Policy be deemed
illegal or unenforceable by a competent court, the provision is ineffective only within that
jurisdiction. The rest of the terms remain in full force, unaffected by such determinations of
invalidity or unenforceability.
12. General Provisions
12.1. Assignment
Blay Games may assign or delegate these Terms of Service and/or the Blay Games Privacy
Policy, in whole or in part, to any person or entity at any time with or without your consent. You
may not assign or delegate any rights or obligations under the Terms of Service or Privacy
Policy without Blay Games’ prior written consent, and any unauthorized assignment and
delegation by you is ineffective. In the event of assignment or delegation of these terms by Blay
Games to a third party, your rights under these terms shall remain in force, subject to the terms
herein.
12.2. Supplemental Policies
Blay Games may publish additional policies related to specific services such as forums,
contests, loyalty programs or referral programs. Your right to use such services is subject to
those specific policies and these Terms of Service.
12.3. Entire Agreement
These Terms of Service, any supplemental policies and any documents expressly incorporated
by reference herein (including the Blay Games Privacy Policy), contain the entire understanding
of you and Blay Games.
12.4. No Waiver
Blay Games' failure to require or enforce your strict compliance with any provision of these
Terms of Service or the Blay Games Privacy Policy or to exercise any rights thereunder will not
constitute or constitute a waiver of Blay Games' rights under the contract.
12.5. Notices
Users may be informed via e-mail or other communication tools about changes and adjustments
made or to be made in Blay Games games. Except for such notices, all legal notices that may
be given or permitted by the user under the Terms of Service or the Blay Games Privacy Policy
must be in writing and sent to the following address: Barbaros Mahallesi Kardelen Sokak, No: 2,
Kat:10, PK: 34746, Istanbul Turkey. Any notices required or given under these terms may be
delivered electronically via the Service.
12.6. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Service to
Blay Games are of a unique and irreplaceable nature, the loss of which shall irreparably harm
Blay Games and which cannot be replaced by monetary damages alone so that Blay Games
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
agree that Blay Games has the right to seek immediate injunctive relief if your actions or
breaches cause or may cause irreparable harm to the Service.
12.7. Force Majeure
Blay Games shall not be liable for any delay or failure to perform resulting from causes outside
the reasonable control of Blay Games, including without limitation any failure to perform
hereunder due to unforeseen circumstances or cause beyond Blay Games’ 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.