TERMS OF USE FOR THE GAMES
Effective Date: Jul 15, 2022
1. Acceptance of these Terms of Use
These terms of use, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”) are entered into by and between you and TENEKE KAFALAR STUDIOS OYUN VE YAZILIM TEKNOLOJILERI ANONIM SIRKETI, a Turkey joint-stock company ( “Teneke Kafalar Studios,” “we,” “our,” and their derivatives). These Terms of Use govern your use of the video games we publish and distribute, including FEIGN, and HOBS (collectively, the “Games”, and each, a “Game”).
THESE TERMS OF USE CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY. BY USING ANY OF THE GAMES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN OUR PRIVACY POLICY (AVAILABLE AThttps://www.feigngame.com/privacy-policy ) (THE “PRIVACY POLICY”) THAT IS INCORPORATED BY REFERENCE INTO THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE OR DO NOT CONSENT TO OUR PRIVACY PRACTICES AS DESCRIBED IN THE PRIVACY POLICY, DO NOT USE ANY OF THE GAMES.
In order to agree to these Terms of Use, you need to (a) be 18 years or older, or have your parent or guardian’s consent to agree to these Terms of Use, and (b) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws.
2. Privacy Policy
All personal information we collect through the Games is subject to our Privacy Policy. Please let us know if you have any questions about our practices concerning how we collect, use, protect, store, disclose, and otherwise process your personal information.
3. Accounts for the Games
You must provide current and accurate information that may be required as part of the registration process and/or continued use of the Games. You are responsible for maintaining the confidentiality of your account information for the Games.
You must promptly notify us of any breach of security related to the Games, including, without limitation, the unauthorized use of your account. To help ensure the security of your account, please sign out from your account at the end of each session.
4. In-Game Purchases
If you make any In-Game purchases, then you agree the terms and conditions and/or EULA of the app store (e.g., Google Play Store, iOS App Store, or Steam Store) on which you installed the Game govern, and you will direct all communications relating to such in-Game purchases to that app store, including any requests for refunds.
5. Intellectual Property Rights
All aspects of the Games, including, without limitation, any works of authorship (e.g., any trailers, images, sounds, etc.), trademarks, features, or functionality, and other intellectual property contained in, comprising, and/or underlying the Games (collectively, “Teneke Kafalar IP”), are owned by Teneke Kafalar Studios, its licensors, or other providers of such material and are protected by Turkey and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Teneke Kafalar, FEIGN™, and HOBS™, and all related names, logos, product and service names, designs, and slogans are trademarks of Teneke Kafalar Studios or its affiliates or licensors. You must not use such marks without the prior written permission of Teneke Kafalar Studios, and Teneke Kafalar Studios reserves all rights. All other names, logos, product and service names, designs, and slogans on the Games are the trademarks of their respective owners.
6. Feedback
You may elect to informally provide us with feedback from time to time. You agree that Teneke Kafalar Studios will own, and you hereby assign to Teneke Kafalar Studios your intellectual property rights in and to any and all feedback and that Teneke Kafalar Studios will be free to use, disclose, reproduce, license, distribute, and exploit the feedback provided to it, royalty-free, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. “Feedback” means any feedback, ideas, or suggested improvements you provide to Teneke Kafalar Studios regarding the Games.
7. Limited License to Use the Games
These Terms of Use permit you to use the Games and view and use the content contained in the Games for your personal, non-commercial use only. Additionally, your use of such Games may be subject to an end-user license agreement or other written terms (“EULA”). In the event of any conflict or inconsistency between the terms of any such EULA and these Terms of Use, such EULA will control. As to each Game, the license contemplated by this paragraph gives you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use one copy of the Game for your personal, non-commercial use for gameplay. For clarity, the foregoing license with respect to each Game is only granted to those persons that have purchased from or otherwise been given access to the particular Game by us or one of our third-party distributors, subject to any applicable EULA and other applicable obligations. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material included in the Games. You must not access or use for any commercial purposes any part of the Games or materials available through them. No right, title, or interest in or to the Games or any content thereof is transferred to you, and all rights not expressly granted are reserved by Teneke Kafalar Studios. Any use of the Games not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
8. Limited License to Broadcast Gameplay
Teneke Kafalar Studios believes that the Games are best served by an active and excited community of users. To encourage community growth and development, we hereby grant each user (“Broadcasting User”) a limited, revocable, royalty-free license to broadcast (i.e., upload and livestream) such Broadcasting User’s unique play within the Game (“Broadcasted Content”).
In furtherance of your exercise of the foregoing limited license, you may assume that other users who participate in gameplay with you have given you nonexclusive performance rights for their parts in your Broadcasted Content, unless or until you have notice that the relevant user opts out in accordance with the provisions outlined below. To the extent a user opts out, our license with respect to Broadcasted Content including of that user is revoked.
Any user may revoke such user’s permission to a Broadcasting User to be included in Broadcasted Content by providing written notice to the Broadcasting User of their decision to opt out (“Opt-Out Notice”). Without any obligation to do so, Teneke Kafalar Studios may also provide Opt-Out Notices on a case-by-case basis on behalf of users. Upon receipt of an Opt-Out Notice, the Broadcasting User must promptly remove the Broadcasted Content or otherwise modify the Broadcasted Content to remove the other user(s). Teneke Kafalar Studios does not assume any responsibility for ensuring compliance with the foregoing.
The above limited license is subject to the following additional conditions:
(a) a Broadcasting User may create Broadcasted Content and distribute such Broadcasted Content on their website, or other websites, where anyone can view the Broadcasted Content for free;
(b) Some acceptable forms of Broadcasted Content include, without limitation, let’s play videos, walkthroughs, speedruns, tutorials, reviews, reactions, instructionals, and other videos which include your commentary;
(c) the Broadcasted Content must strictly comply with these Terms of Use, any applicable EULA, and the Privacy Policy;
(d) a Broadcasting User cannot disclose any unofficially released, unauthorized, or leaked video or content of any kind related to the Games;
(e) a Broadcasting User cannot use the Broadcasted Content to make money or gain any other financial benefit, except a Broadcasting User may monetize the Broadcasted Content through partner programs and/or advertising, provided such Broadcasted Content is available to the public for free;
(f) Broadcasting Users assume all liability for ensuring their Broadcasted Content, and any monetization of Broadcasted Content, fully complies with all applicable laws, terms of use, policies, rules, and guidelines; and
(g) Teneke Kafalar Studios may revoke a Broadcasting User’s license to broadcast the Broadcasted Content for any or no reason and without notice.
9. Prohibited Uses
You may use the Games only for lawful purposes and in accordance with these Terms of Use. In addition to the above obligations, you agree not to:
(a) use the Games in any way that violates applicable laws, exploit or harm anyone, send advertising or promotional material, or impersonate or attempt to impersonate Teneke Kafalar Studios or anyone else;
(b) use the Games to submit or link to any content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws;
(c) use the Games to violate the legal rights of others, including, without limitation, their privacy, publicity, and intellectual property rights such as by collecting or storing any personal information from the Games about anyone without their express permission;
(d) remove any copyright, trademark, or other proprietary rights notices contained in or on the Games;
(e) disable, overburden, damage, or impair (or attempt to disable, overburden, damage, or impair) the Games or interfere with anyone else’s use of the Games;
(f) engage in any other conduct that affects anyone else’s use or enjoyment of the Games or that, as determined by us, may harm Teneke Kafalar Studios;
(g) cheat, including, without limitation, by accessing the Games in an unauthorized manner, playing with multiple accounts for the same Game, sharing accounts, using any techniques to alter or falsify a device’s location (for example, through GPS spoofing), changing your age in any Game, and selling or trading accounts;
(h) use any robot, spider, or other automatic or manual device, process, or means to access the Games for any purpose, including monitoring or copying any of the material on the Games;
(i) use any device, software, or routine that interferes with the proper working of the Games;
(j) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(k) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Games, including any server on which the Games are stored, or any server, computer, or database connected to the Games;
(l) attack the Games via a denial-of-service attack or a distributed denial-of-service attack;
(m) otherwise, attempt to interfere with the proper working of the Games; and
(n) encourage or enable any other person to do any of the foregoing.
Additionally, to ensure that the Games are a safe and welcoming space for all users, you agree to report to us any users that you believe are violating any of the foregoing prohibitions by emailing us at studio@tenekekafalar.com.
Although Teneke Kafalar Studios is not obligated to monitor access to or use of the Games, we have the right to do so for the purpose of operating and updating the Games, to ensure compliance with these Terms of Use, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove, disable, or suspend your or any user’s access to any of the Games, at any time and without notice, including, without limitation, if we, at our sole discretion, consider any activity when using the Games to be objectionable or in violation of these Terms of Use. We have the right to investigate violations of these Terms of Use or conduct that affects the Games, including consulting and cooperating with law enforcement authorities to prosecute users who violate the law.
10. Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of any information made available through the Games. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other user of the Games, or by anyone who may be informed of any of the contents of the Games.
11. Links to and from the Games
You may link to our Games, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
If the Games contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. Updates and Changes to the Games and Unavailability of the Games
We reserve the right to withdraw or modify the Games at our sole discretion without notice. We will not be liable if for any reason all or any part of the Games is unavailable at any time or for any period, and we are under no obligation to support the previous version(s) of the Games upon the availability of an update, upgrade, or implementation of additional features.
13. Termination
We may terminate your access to and use of the Games, at our sole discretion, at any time and without notice to you. Upon termination of the Games, Sections 5, 6, 12, 13, 16, 17, 18, 22, 23, and 24 will survive such termination.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT YOUR USE OF THE GAMES IS AT YOUR SOLE RISK. THE GAMES AND ALL SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE GAMES ARE PROVIDED BY TENEKE KAFALAR STUDIOS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TENEKE KAFALAR STUDIOS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER TENEKE KAFALAR STUDIOS NOR ANYONE ASSOCIATED WITH TENEKE KAFALAR STUDIOS REPRESENTS OR WARRANTS THAT THE GAMES, THE SOFTWARE, INFORMATION, CONTENT, MATERIALS, AND PRODUCTS OF THE GAMES, OR ELECTRONIC COMMUNICATIONS SENT FROM TENEKE KAFALAR STUDIOS REGARDING THE GAMES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE GAMES OR THE SERVER THAT MAKES THEM AVAILABLE TO YOU ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE GAMES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENEKE KAFALAR STUDIOS, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CAN NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TENEKE KAFALAR STUDIOS’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH (A) THESE TERMS OF USE OR (B) THE USE OF OR INABILITY TO USE THE GAMES OR THEIR CONTENT EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN TENEKE KAFALAR STUDIOS AND YOU.
16. Indemnification
You agree to defend, indemnify, and hold harmless Teneke Kafalar Studios, its affiliates, licensors, and service providers, and its and their respective members, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Games.
17. Governing Law and Jurisdiction
All matters relating to the Games and these Terms of Use and any related dispute or claim will be governed by and construed in accordance with the internal laws of the Republic of Turkey, without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Games must be instituted exclusively in the courts of Turkey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. Waiver and Severability
No waiver by Teneke Kafalar Studios of any term or condition set out in these Terms of Use will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Teneke Kafalar Studios to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms of Use will continue in full force and effect.
19. Entire Agreement
These Terms of Use, our Privacy Policy, and our EULA for the applicable Game, if any, are the sole and entire agreement between you and Teneke Kafalar Studios regarding the Games and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding their subject matter.
20. Changes to these Terms of Use
We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them. If you continue to use our Games, following the posting of revised Terms of Use, you are signifying that you accept and agree to the changes. You are expected to check this page from time to time, so you are aware of any changes.
21. Your Comments and Concerns
If you have any questions about the Games or these Terms of Use, please contact us at studio@tenekekafalar.com.