TERMS OF USE
These Terms of Use (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of the website with the domain of name of www.pyrmdofficial.com (“Website”). The Website is owned, operated, and distributed by Tiplay Studio Oyun ve Teknoloji Anonim Şirketi, registered with Denizli Trade Registry Office under the number of 42515 and having its registered address at Kınıklı Mahallesi 2600 Sokak No: 9/1 Pamukkale/Denizli (hereinafter referred to as “Tiplay”, the "Company", “we”, and through similar words such as “us”, “our”, etc.).
Through the Website, Tiplay provides an informative and insightful platform that gives information to the potential players (each, a “Visitor”, “Potential Player” “you” or “your”) of the game named “PYMD” (“Game”) and subscription to the Game newsletter which is developed and owned by Tiplay and published on Steam.
These Terms are entered into by and between you and Tiplay, and together with the Privacy Policy and any other documents expressly incorporated by reference, in order to govern your access to and use of the Website, as a Visitor, as well as any subdomains and content on the Website.
By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy, you shall cease your access and/or use of the Website immediately.
Tiplay is fully committed to protecting our Visitors’ and others’ privacy and security and addressing their concerns. You may read our Privacy Policy to learn about how we are handling your personal data, in greater detail.
We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion and without any notice.
We reserve the right to update and modify these Terms by providing Visitors with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Website or any other communication channels at least 30 (thirty) days before the date on which the updates, modifications, or amendments on the Terms will enter into force. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Website. If you continue to access or use the Website after the update, we will consider you as accepted the amended Terms.
These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Website.
It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.
Within the context of herein Terms, following terms shall bear the meanings ascribed to them below:
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Visitor |
A natural person who accesses or uses the Website |
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Force Majeure Event |
Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Tiplay, or any other event beyond the reasonable control of the non-performing Party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented |
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Intellectual Property Rights |
All registered or unregistered, registerable, or un-registrable intellectual property rights in whole or in part, anywhere in the world, and including without limitation copyrights,design rights, trade secrets, know-how, business names, trademarks, service marks, patents and utility models |
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Steam |
It is a video game digital distribution service and storefront which can be accessed via the link https://store.steampowered.com |
The Website is an informative, insightful and supportive platform that enables Visitor to get familiar with and understand the background, features, and operation of the Game and provides an subscription form to enroll in Tiplay’s the email list mainly in order to inform the subscribed Visitors about the news and updates regarding Tiplay and Game and for other purposes that are envisaged in the Privacy Notice For the Subscription Form.
In addition, the Visitors can access the Game’s Discord channel, Twitter account and Instagram account through Website.
Also Visitors can access the social media accounts of the Tiplay on the Website like the accounts on the Facebook, LinkedIn, Twitter and Instagram.
The Website is intended solely for personal and non-commercial use by you. Any use of the Website other than for personal and non-commercial purposes is strictly prohibited. In case such uses are detected by Tiplay, You accept and undertake to be held liable of any damages caused by the unauthorized use of the Website.
Children under the age of 18 may not use the Website.
By using the Website, you affirmatively consent to pop-up notifications on the Website regarding important announcements and other administrative communications related to your use of the Website, as well as certain marketing and other advertising activities of Tiplay and third-party advertising partners, as more fully set forth in our Privacy Policy. You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain administrative notifications related to the Website, your only way to opt out of such messages is to cease using the Website.
Tiplay reserves the right to contact you by e-mail which you reached Tiplay via the channels set forth under Article 19, for e-mail marketing (i.e., informing you of problems with or new features of the Website) upon Visitors’ consent and other related content pursuant to the Data Protection and Privacy section of these Terms and the Privacy Policy. Our any communication in this regard shall be deemed to be received by you on the transmission date of such notification.
Tiplay disclaims all liability for any communication directed to you from any third party directly or indirectly in connection with the Website (the “Third-Party Communications”) that you may receive and any actions you may take or refrain from taking as a result of any Third-Party Communications. You are solely responsible for assessing and verifying the identity and trustworthiness of the source and content of any Third-Party Communications. Tiplay assumes no responsibility for verifying and makes no representations or warranties regarding the identity or trustworthiness of the source or content of any Third-Party Communications.
By using the Website, you expressly relieve and hold Tiplay harmless from any and all liability arising from Third-Party Communications, including any loss or damage incurred as a result of any dealing between you and any third parties. It is your responsibility to evaluate the content and usefulness of the information obtained from third parties.
Without prejudice to the section titled “Data Protection and Privacy”, the foregoing clause herein is applicable to the extent permitted by the multinational compliance regulations including but not limited to United States Privacy Law, the General Data Protection Regulation (the “GDPR”) brought by the European Union, the California Consumer Privacy Act (the “CCPA”) for Visitors subject to such relevant legislation.
Any content, material, information, text, data, copyright, trademark, logo, design, insignia, image, photo, music, screenshot, video, post, identifying mark, page, software, and other original works of authorship and/or intellectual property uploaded to, or incorporated into the Website by Tiplay (collectively, the “Website Content”) are and will remain the sole and exclusive property of Tiplay.
We retain all right, title, and interest in and to the Website, including without limitation, (i) all copyrightable works, designs, trademarks, trade names, texts, graphics, typefaces, formatting, graphs, designs, editorial content, HTML, look and feel, software, and data, (ii) all business processes, procedures, methods, and techniques used in the Website (iii) all other material and content uploaded or incorporated into the Website such as the Website Content, and (iv) all associated trade secrets, know-how or other registered/unregistered intellectual property or any proprietary rights recognized anywhere in the world (collectively, the “Tiplay IP”). The Tiplay IP is protected in all forms, media, and technologies currently known or to be developed hereinafter. Tiplay owns all Tiplay IP, as well as the coordination, selection, arrangement, and enhancement of such Tiplay IP as a Collective Work under any applicable intellectual property legislation, and all rights on the Website and the Website Content. Tiplay IP is protected by the domestic and international laws regarding copyright, trademark, design rights, patents, utility models and other proprietary rights.
All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Website are the property of their respective owners. Reference to any product, service, process, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Tiplay.
Violation of this provision may result in infringement of Intellectual Property Rights of Tiplay, or other third parties, which is prohibited by law and could result in substantial civil and criminal penalties.
Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to Intellectual Property Rights, whether by estoppel, implication, or otherwise. You represent and warrant that your use of the Website and the Website Content will remain consistent with these Terms and will not infringe or violate the rights of any other party or breach any contract or legal duty against any other party or violate any applicable law. In order to request permission for using the Website Content, you may contact Tiplay via the channels set forth under Article 19.
Saving the exceptions herein, the Visitor shall have unlimited access to the Website pursuant to these Terms. Tiplay shall make commercially acceptable attempts to guarantee the accessibility of the Website during maintenance of or introduction of new services to the Website, except that Tiplay shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Tiplay’s realistic control including a Force Majeure Event or any violation of these Terms by the Visitor.
You are solely responsible for all your interactions with the Website or Tiplay on or through the Website.
While using the Website, you may not:
Any use of the Website Content by violating the principles listed above without the prior written permission of Tiplay is strictly prohibited and will terminate these Terms, and your access to the Website automatically. Any such unauthorized use may also violate applicable laws and Tiplay will take appropriate investigative and legal action for such illegal or unauthorized use.
Tiplay hereby represents and warrants compliance with all relevant legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Visitors relevant to access or use of the Website (jointly, the “Rules”).
Rules include without limitation (i) United States Federal and relevant State laws in regard to data collection and data privacy including California Customer Privacy Act (“CCPA”); and (ii) if applicable, the Data Protection Directive and the General Data Protection Regulation (“GDPR”) brought by the European Union, or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.
The Website is available only to persons who are eighteen (18) years or older (or any greater age required to reach the age of majority under the applicable law of the state or jurisdiction of such Visitor’s primary residence).
BY ACCESSING AND USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD (OR ANY GREATER AGE REQUIRED TO REACH THE AGE OF MAJORITY UNDER THE APPLICABLE LAW OF THE STATE OR JURISDICTION OF YOUR PRIMARY RESIDENCE), AND ARE FULLY ABLE AND HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO, AND TO BE BOUND BY THESE TERMS, AND THAT YOU WILL SO ABIDE.
Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a Party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both Parties.
Tiplay hereby represents and warrants to the Visitor that, (i) it will have all necessary rights, licenses, know-how, expertise, and experience needed to operate the Website hereunder; (ii) is the sole proprietor of the Website and the Intellectual Property Rights (to the extent permitted in these Terms) on the Website and has all legal rights, licenses, and authority to provide the Visitor with the Website as stipulated herein; (iii) the Website shall also comply with all relevant legislations and regulations when used by the Visitor in accordance with these Terms.
The Visitor represents and warrants that (i) all information Visitor shares with Tiplay (if any) is true, accurate, current, and complete, (ii) Visitor is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information Visitor shares with Tiplay (if any), and (iii) such information, when used for the purposes in which it is submitted onto Tiplay, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, propriatery rights and rights of publicity/privacy. The Visitor also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Tiplay (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Website as articulated by the section of Limitations on Use of the Website.
Except as expressly set forth herein, Tiplay does not warrant, or make any representation regarding (i) the results obtained from benefiting the Website Content will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any service, information, or other material acquired or obtained by the Visitor through the Website will meet his/her expectations, and (iii) the Website will be provided on an uninterrupted, secure or error-free basis. The Website (and any part thereof), including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. Tiplay makes no representation concerning the benefits or outcomes obtained from the Website by the Visitor or any third party.
The Website may become inaccessible, or it may not function properly with Visitors’ web browser, mobile device, and/or operating system. Tiplay cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Website.
Some jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Visitors, falling within the scope of such jurisdiction’s competence. These Terms grant Visitors specific legal rights, and Visitors may have other rights which vary from state to state. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law.
If Tiplay’s performance of its obligations under these Terms is prevented or delayed by any act or omission of Visitor or any third party, Tiplay shall not be deemed in breach of its obligations under these Terms.
In no event will Tiplay, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory or applicable jurisdiction, arising out of or in connection with your use, or inability to use the Website, any other websites linked to it and any content on the Website (including the Website Content) or such other websites, including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, 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.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if Tiplay has been advised of the possibility of such damage.
Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore above limitations or exclusions may not apply to Visitor falling within the scope of such jurisdictions’ competence. These Terms give Visitor specific legal rights, and Visitor may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.
The Visitor shall defend, indemnify, and hold harmless Tiplay and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) Visitor’s use of the Website, the Website Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with Tiplay by Visitor via the channels set forth under Article 19 is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the Visitor has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the Visitor breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.
Tiplay reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Visitors’ e-mail address (if shared by the Visitor previously), usage history, IP addresses, and traffic information.
Tiplay may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website at any time for any reason and under any conditions, including without limitation, if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.
You accept, declare, and undertake that you cannot claim any rights or receivables against Tiplay due to any termination pursuant to this provision.
The Visitor may terminate these Terms at any time by ceasing to access or use the Website. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Following Termination”.
Upon expiry or termination of these Terms for any reason, all rights of the Visitor shall be terminated instantly.
The following clauses shall survive expiry or termination of these Terms “Definitions”, “Ownership of Intellectual Property and Contents on the Website”, “Disclaimer of Warranty”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Website”, “Following Termination”, “Governing Law”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.
These Terms and all materials resulting directly or indirectly therefrom shall be governed and construed in compliance with the legislation of the Republic of Turkey regardless of conflict of laws rules.
Each Party permanently submits to the exclusive jurisdiction of the Turkish (İstanbul Çağlayan) courts for all such issues and waives any opposition to such judiciary from an authority, location, or inconvenient forum. In any proceedings, the prevailing Party shall be allowed to recover from the other Party reasonable fees for its attorneys or any other compensation with similar nature.
If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.
In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.
Headings
The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.
Waiver
Tiplay’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
Service Interruption
In order to ensure the utmost possible service level, Tiplay reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Visitors appropriately.
We will not be liable for any reason if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Website to the Visitors.
Additionally, the Website might not be available due to reasons outside Tiplay’s reasonable control, such as “Force Majeure”.
Remedies Not Exclusive
Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.
No Strict Construction
Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage of either Party by virtue of the authorship on these Terms.
Assignment
Without prior written approval of Tiplay, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Visitors. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.
Tiplay reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Visitors’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.
Entire Agreement
These Terms constitute the entire agreement between the Parties on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.
Force Majeure
None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms, if a Force Majeure Event prevents them from doing so.
Third-Party Services
The Website may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, contents or services (including external websites that are framed by the Website as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Tiplay (collectively, “Third-Party Services”).
When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Tiplay is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify Tiplay. The inclusion of any Third-Party Services does not imply any association between Tiplay and their operators.
By using the Website, you expressly relieve and hold Tiplay harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties.
When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.
Interpretation
Unless the context requires, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.
Independent Legal Advice
Visitor recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.
If you have any questions or complaints about these Terms, please contact us through info@tiplaystudio.com.
