Terms of Services
These Terms of Service (“Terms”) govern your use of and access to (i) Tile Busters, Blitz Busters, and any future games made available by Spyke Games, unless explicitly stated otherwise by Spyke in writing (collectively referred to as the “Games”), (ii) websites, web pages, and social media platforms managed by Spyke in relation to the Games (the “Sites”), (iii) software provided by Spyke for use with the Games (the “Apps”), and (iv) any online programs, services, or offers linked to the Games, Sites, and Apps (collectively referred to as the “Services”). References to “Spyke,” “we,” “our,” or “us” in these Terms mean Spyke Yazilim A.S.. and its subsidiaries.
BY ACCEPTING THESE TERMS, BOTH YOU AND SPYKE AGREE TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS ONLY, WITHOUT USING CLASS ARBITRATION, CLASS ACTION LAWSUITS, OTHER REPRESENTATIVE PROCEEDINGS, OR JURY TRIALS. IF YOU PREFER NOT TO PARTICIPATE IN ARBITRATION, YOU MAY OPT OUT BY FOLLOWING THE GUIDELINES PROVIDED IN SECTION 17(d), OR ONE OF THE EXCEPTIONS IN SECTION 17(g) MAY APPLY.
Although every part of these Terms is important and should be reviewed carefully, as they include key provisions that may significantly affect YOUR LEGAL RIGHTS AND OBLIGATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE RETAIN THE RIGHT TO ENFORCE THESE TERMS OR ANY OF THEIR PROVISIONS, RIGHTS, OR REMEDIES AT OUR SOLE DISCRETION. DECIDING NOT TO ENFORCE CERTAIN PROVISIONS IN SPECIFIC CASES DOES NOT MEAN WE WAIVE OUR RIGHT TO ENFORCE THEM LATER OR IN OTHER SITUATIONS.
SOME PARTS OF THESE TERMS MAY ONLY APPLY TO YOU BASED ON YOUR COUNTRY OF RESIDENCE. FOR THESE TERMS, “COUNTRY OF RESIDENCE” REFERS TO THE COUNTRY WHERE YOU HOLD LEGAL PERMANENT RESIDENCE, AS WELL AS ANY COUNTRY FROM WHICH YOU REGULARLY ACCESS OR USE OUR SERVICES. IF YOU QUALIFY FOR RESIDENCE IN MULTIPLE COUNTRIES, YOUR LEGAL PERMANENT RESIDENCE WILL TAKE PRECEDENCE, AND IF YOU HAVE MULTIPLE PERMANENT RESIDENCES, IT WILL BE THE COUNTRY WITH WHICH YOU ARE MOST CLOSELY ASSOCIATED THROUGH FREQUENT OR LONG-TERM RESIDENCE.
THE SERVICES DO NOT INCLUDE REAL MONEY GAMBLING OR OPPORTUNITIES TO WIN REAL CASH OR PRIZES. NO ACTUAL MONEY OR ITEMS OF MONETARY VALUE CAN BE WON BY PLAYING THE GAMES THROUGH THE SERVICES. WHILE VIRTUAL ITEMS MAY BE AVAILABLE FOR PURCHASE, REAL MONEY IS NOT REQUIRED TO PARTICIPATE.
If you do not accept these Terms, you should not use our Services.
Article - 1
PARTIES
The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between the person (“User”) website (“WebSite”) and mobile game/application and services (collectively the “Services”) of Spyke Yazılım Anonim Şirketi, (“Spyke or Company”). These terms also apply to any other services that Spyke may provide in relation to the Services, such as customer support, social media, community channels and other websites that we may operate. These Terms of Services constitute legal agreement and contain important information about the rights and obligations of the User.
Spyke and the User hereinafter shall be each referred to as Party and jointly as
Article - 2
SCOPE
Spyke continuously updates, changes, and develops Services at its own discretion. User can therefore only participate or use Services in its respective form provided at any given time by Spyke. Spyke retains the right to cease the Services at any time without providing any ground for it.
User is liable for ensuring that their own software and hardware is suitable and up to date.
In addition to these Terms of Services, any existing rules of the Services shall also apply.
In a case that User does not agree to these Terms of Services or any future updated version of them then User is obliged to cease to access and/or use any of Services. If any future update to these terms requires any action from User in order to comply with updates, the access to the Services shall be suspended until such action is done.
Article - 3
GRANT OF LICENSE
The Services are available for use only by authorized users in accordance with the terms and conditions set forth in this Agreement. Spyke grants limitations provided herein to access and use the Services using a personal computer for the Service or a mobile device if applicable. Services offered by Spyke are intended solely for the purpose of entertainment. The use of the Services for business or commercial purposes is strictly prohibited. User shall not sell, copy, exchange, transfer, publish, assign, make available to public, copy or otherwise distribute anything that User obtains or derives from the Service.
Article - 4
ACCESS AND USE OF SERVICES
User must comply with the laws to be applied in the location where the Services are accessed. If any laws applicable to User restrict or prohibit User from using the Services, User must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.
User undertakes that all the information provided to Spyke while accessing and/or using the Services shall remain true, accurate and complete at all times.
User is responsible for the internet connection and/or mobile charges that it may incur for accessing and/or using the Services.
There may be times when Services or any part of them are not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
User agrees and acknowledges that under no circumstance it will not:
- use the Services contrary to this Agreement or as in violation of any applicable law;
- use Services to harm anyone or to cause offence or to harass any person;
engage in any act that Spyke deems to be in conflict with the spirit or intent of the Services;
- disguise, anonymise or hide IP address or the source of any Content that User may upload;
- use the Services for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from the Services;
interfere with or disrupt the Services or servers or networks;
attempt to decompile, reverse engineer, disassemble or hack any of the Services, or to disable or defeat any of the codification and security measures
- ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information
- deliver, sell, abuse, or enable any third party to use Virtual Items or any other items related to Account
Article - 5
AGE OF USERS
Our Services are not intended for children under the age of 13. If you are between the ages of 13 and 17, you are considered a "teenaged minor" and must have your parent or legal guardian review and agree to these Terms on your behalf, as you are not allowed to access our Services without their permission. If you are the parent or legal guardian of a teenaged minor who wishes to use our Services and you give your consent, you agree to: (i) familiarize yourself with any parental controls available within our Services and use them as you deem appropriate; (ii) monitor the teenaged minor's use of our Services; (iii) help ensure that the teenaged minor uses our Services responsibly, such as by setting time limits on their usage; (iv) make sure that your child follows these Terms while using our Services; and (v) accept full legal responsibility for any actions or omissions, whether by you or your child, related to the use of our Services.
Article - 6
ACCOUNTS
In order to use the Services User is obliged to create an account (“Account”). The log in detail such as password and usernames shall be under the control of User.
User agrees that it shall not give log in details to anyone else or allow anyone else to use log in details or account and that it shall not provide access to any other third party to use its Account.
Spyke assumes that anyone logging into the Account using log in detail is User. If User fails to keep the login details secretly, or if it shares login details or account with someone else (whether intentionally or unintentionally), User accepts full responsibility for the consequences of this (including any unauthorized purchases) and agrees to fully compensate Spyke for any losses or harm that may result.
In case of an unauthorized access to the log in detail or the Account or any suspicion related thereto the User shall promptly notify Spyke. In this case or in the event that Spyke has concrete evidence of data misuse, Spyke has the right to temporarily block access to the Account.
Spyke will not be liable to User for any loss that User suffers as a result of an unauthorized person accessing the Account whether fraudulently or otherwise.
User acknowledges and agrees that no ownership or other property interest in any Account that it creates using any of the Services are granted to User.
User shall not create an Account or access the Services if User is under the age of 16. Spyke does not accept any responsibility for any unauthorized use of the Services by minors and any use of the credit card or other payment instrument by minors.
Spyke is entitled to suspend, terminate, modify, or delete any of these Accounts upon its sole discretion.
User account is personal. User is not entitled to transfer its Account to any other person.
User shall not;
- use another person or entity’s email address in order to sign up to use Services (including, without limitation, by using Services to impersonate any person or entity, or otherwise misrepresent an affiliation with a person, entity or Services);
- sell, rent or give away the Account, create an Account using a false identity or information, or on behalf of someone other than oneself;
create more than one Account per each of the Services.
Article - 7
OWNERSHIP AND CONTENT
All rights, title and interest in and to the Services (including, without limitation, any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-game chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of games) are owned solely by Spyke and are protected by local and international intellectual property rights. Spyke reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its Services.
Notwithstanding any provision to the contrary herein, User also acknowledges and agrees that User has no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any games, whether earned in a game or purchased from Spyke, or any other attributes associated with an Account or stored on the Services.
The Services and WebSite may include contents which may be subject to proprietary rights of other parties. User shall not edit, copy, distribute, publicly reproduce, reverse-engineer, republish, modify, download, distribute, license, sublicense, reverse engineer, or create derivatives, use for advertising purposes, or use beyond the contractually agreed purposes any of Spyke Websites, Services, or the content or any portion thereof.
User is obliged to abstain from any an act causing the proper functioning of the WebSite, any individual Service and/or offers. User is also required to abstain from any measure which may allow unauthorized access to data.
User disclaims all proprietary interests in its intellectual property rights other than its own. References to third-party services and software are given by Spyke “AS IS,” without warranty of any kind, either expressed or implied.
“User Content” means any communications, images and sounds and all the material, data and information that User uploads or transmits through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. User hereby grants to Spyke and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to User.
User agrees not to upload, communicate, transmit or otherwise make available any User Content:
- that is or could reasonably be deemed as unlawful, harmful, harassing, defamatory, libellous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as infringing of another’s privacy and publicity;
that could be deemed against fundamental human rights;
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorized advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation; or
- which results in harming functionality of any computer software or hardware or telecommunications equipment in any manner.
- By accepting the Terms of Services, User hereby provides its irrevocable consent to monitoring and recording by Spyke. User shall not refrain from such audit by claiming the privacy.
Article - 8
USE OF COMMUNICATION FACILITIES
The Services may procure communication facilities such as forums, information groups, chats, blogs, fun pages, or other types of online discussion areas (collectively known as “Forums“) Services which User may post information. The information to be posted is not subject to the prior control of Spyke.
User takes full responsibility for the content and entries that it posts. User agrees to release Spyke from any legitimate claims from third parties arising from a culpable violation of the User’s obligations. However, User shall grant Spyke the permanent, irrevocable, non-exclusive right to use the content and contributions posted by itself.
User undertakes not to:
- place online or reveal via the Services any information concerning a real person;
- place online or reveal information which is not generally related to the designated topic or theme of the public Forum in question;
place online or reveal information which is inappropriate or disrespectful of the usual or targeted users of the Forum;
- harass or disparage other users on the Forum by way of private or public messages;
- violates an applicable law;
- violate any kind of rights of third parties;
submit obscene, racist, violent, pornographic, of adult content, or otherwise threatening to the development of children and adolescents, or of a detrimental nature;
provide content of an abusive, harassing, or defamatory nature;
- include personal data of third parties without their explicit consent.
Spyke also has the right to exclude the User violating these Terms of Services from all and any kind of Services that Spyke is providing or will be providing.
Article - 9
USER CONTENT
Our Services may enable you and other users to create, post, store, or share content, such as reviews, messages, text, images, photos, videos, and other materials or data (collectively referred to as "User Content"). Depending on your account settings, your User Content and associated details (such as your user ID, name, and profile picture) may be visible to others. If you decide to make any of your information public through our Services, you do so at your own risk.
(a) License You Grant to Spyke
Except for the license granted below, you retain all rights to your User Content, excluding any parts of the Services included within your User Content. By using our Services, you grant Spyke and its affiliates a perpetual, irrevocable, non-exclusive, royalty-free, worldwide, fully paid-up, sublicensable (through multiple levels), and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works, distribute, publicly perform and display, process, and exploit your User Content and any associated name, username, or likeness in all media formats and channels, whether known or developed in the future, without any obligation to provide compensation to you or any third party, to the fullest extent permitted by law. We are not required to credit, approve, or compensate you for any permitted use of your User Content. Additionally, you irrevocably waive any "moral rights" or other rights related to authorship or the integrity of materials associated with your User Content that may exist under any applicable law or legal theory.
(b) Feedback
You may choose to submit, or otherwise share with us, any feedback, questions, comments, suggestions, ideas, or creative materials regarding Spyke or our Services (collectively, "Feedback"). You acknowledge and agree that we may use this Feedback at our discretion for any purpose, including commercial purposes, without providing you with acknowledgment or compensation, including for the improvement or development of products or services. All works or improvements based on your Feedback will be exclusively owned by Spyke. You understand that we may treat Feedback as non-confidential.
Article - 10
FEES
Within certain Services, Spyke may offer the User the possibility of ordering certain subscriptions, in-game to be purchased with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use virtual currency or additional content such as in-game items, customization elements, maps, building accelerations, avatars which (“Virtual Items”), or other goods and services once added to User Account, to be used to maximize the experience within Services. User will need to have an Account to be able to purchase and use such subscriptions, in-game virtual currency or additional content. In such event, the Terms of Services or any additional term and services to be published by Spyke and will apply and shall be integrated to these Terms of Services.
User will receive specific information on the features available for purchase, particularly the function of the feature in question, how long the feature for purchase will be available (if applicable), the respective purchasing price, and the payment method available for such Services.
Except when explicitly authorized by Spyke, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) User shall not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services shall not be recognized. Any attempt to do any of the foregoing is deemed as a violation of these Terms of Services and will result in an automatic termination of rights the use the Virtual Items and may result in cancellation of User Account. All Virtual Items are forfeited if the Account is cancelled or suspended for any reason, or if Spyke discontinues providing the Services.
User agrees that it will not assert or bring any claim against Spyke, its affiliates, directors, officers, employees, agents or licensors relating to, (i) a claim regarding any Virtual Items that User owns; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of its Account or modification, termination or expiration of these terms.
User agrees that all sales performed by Spyke are final, Spyke is not under the obligation to refund any transaction any cost taxes expenses related thereto once it has been made. Additionally, User is not entitled to claim any right, compensation, damage, refund for the Virtual Items or additional items.
Article - 11
THIRD-PARTY SOFTWARE AND CONTENT
(a) Open-Source Software.
The Services may include software components provided under open-source licenses (“Open-Source Software”). Such software is used in accordance with the terms outlined in their respective licenses. When required, we will make the Open-Source Software available to you under those terms. These Terms do not alter or override your rights or obligations under any applicable Open-Source Software license. If specific terms or conditions apply to Open-Source Software, we may notify you through the Services, such as by updating our Accreditation Page.
(b) Third-Party Content.
Our Services may include links to or advertisements for third-party products, services, events, or activities, or allow third parties to make their content available through the Services (collectively referred to as “Third-Party Content”). These resources are provided for your convenience, and any interactions or transactions between you and third parties are solely your responsibility. We do not endorse or warrant the accuracy, quality, or reliability of Third-Party Content, products, or services. The inclusion of links or references to third parties within our Services does not imply any formal relationship, sponsorship, or endorsement, unless explicitly stated.
(c) Responsibility for Content.
We are not obligated to review or monitor Third-Party Content. However, we reserve the right to restrict or block access to any Third-Party Content (in whole or in part) available through our Services at any time. Access to and use of Third-Party Content may be subject to additional terms, conditions, and policies set by the content providers (e.g., terms of service or privacy policies). We disclaim all liability for any issues, claims, or damages arising from your use of or interaction with such Third-Party Content. Additionally, you are responsible for acquiring and maintaining the necessary hardware, software, network services, and any other resources required to access and use the Services.
Article - 12
CONSEQUENCES OF A BREACH LIABILITIES
Spyke is not liable for damages resulting from a User’s breach of its obligations and liabilities.
Regardless of any additional legal or contractual rights, it is at the reasonable discretion of Spyke to take the following actions against any User violating the applicable law, third party rights, these Terms of Services, or any respective additional regulations to be applied by Spyke;
- Remove content;
- Temporarily or permanently block User from Services and WebSite;
Disable the Account of such User from certain features or cancel the Account;
1. immediately terminate this Agreement.
2. If User has been blocked or excluded, then such User does not have right to log in again to a Service provided by Spyke without the prior consent of Spyke.
Article - 13
LIMITATION OF LIABILITY & INDEMNITY
Spyke shall not be liable for any direct, indirect, consequential, punitive, special, or incidental damages (including, but not limited to, those resulting from a loss of business, data, or revenue; reliance on the materials presented; delays; or business interruptions arising out of or in connection with the use or performance of Spyke’s information) regardless of whether Spyke has been advised of the possibility of such damages, whether in an action in contract or tort (including negligence), or any other legal theory, even if provider has been advised of the possibility of such damages. In no event will Spyke’s aggregate liability under this Agreement exceed the fees paid to Spyke by User. This limitation applies regardless of whether other provisions of this Agreement have been breached or have proven ineffective. The existence of more than one claim will not enlarge or extend these limits.
User will indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Spyke, which alleges that the use of the Services by User violates any applicable law, or violates, infringes upon or misappropriates any intellectual property right, publicity/privacy rights or that the any act of the User violates any law or other right of a third party.
Article - 14
DISCLAIMER OF WARRANTY
The Services and documentation are provided “as is” and “as available”. Spyke makes no warranties or representations relating to the Services, express or implied, statutory, or otherwise, and expressly excludes the warranty of non-infringement of third-party rights, fitness for a particular purpose or merchantability. Spyke does not warrant that the Services will satisfy User’s requirements and that the Services are without defect or error or that operation of the Services or WebSite will be uninterrupted.
Spyke makes no warranty, representation, or guaranty as to the content, sequence, accuracy, timeliness, or completeness of its information, software, or services. Spyke makes no warranty, representation, or guaranty that the information, products, or services will be uninterrupted or error free or that any defects will be corrected. User acknowledges that Spyke does not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. Spyke is not responsible for any delays, delivery failures, or other damage resulting from such problems.
Article - 15
MODIFICATIONS
Spyke retains the right to modify these Terms of Services (i) in the event of any amendments made due to legal changes, (ii) in the event of any amendments made due to decisions by the competent legal organs, (iii) because of technical necessity, (iv) in order to maintain company operations, (v) in the event of a change in market conditions. User will be informed of any amendments to this Terms of Services via Spyke’s website. Alternatively, Spyke upon its sole discretion may send User the amended Terms of Services via email. User will be deemed to have accepted such changes by continuing to use any of the Services. If at any point User does not agree to any portion of the current version of the Terms of Services, then such User is obliged to cease the use of Services.
Article - 16
RELEASE
To the maximum extent permitted by law, you release Spyke and its affiliates, officers, employees, agents, and other associated entities (“Spyke Parties”) from any liability, claims, demands, and damages of any kind—whether known or unknown, actual or consequential—that arise from or relate to disputes with other users or the actions or omissions of third parties.
If you are a California resident, you specifically waive your rights under California Civil Code § 1542, which states:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, would have materially affected their settlement with the debtor or released party."
Article - 17
DISPUTE RESOLUTION AND AGREEMENT TO ARBITRATE ON AN INDIVIDUAL BASIS
Please read this section carefully, as it requires you to resolve most disputes through arbitration on an individual basis, limits your ability to seek relief in court, and precludes class actions, unless exceptions apply.
(a) Purpose and Scope
This arbitration agreement is intended to minimize the financial burden and streamline the resolution of disputes. It applies to any past, present, or future claims, disputes, or controversies between you and Spyke or its licensors, distributors, suppliers, or agents (“Disputes”). These include, but are not limited to, claims related to the Terms, Services, or interactions between you and Spyke, regardless of when the Dispute arose.
However, this does not apply to disputes that may be pursued under certain exceptions outlined in subsection (h).
If you reside in the United Kingdom or European Economic Area, this agreement does not restrict your statutory consumer rights.
(b) Informal Resolution Process
Before pursuing arbitration or litigation, you and Spyke agree to attempt resolving Disputes informally within a 60-day resolution period (or longer if mutually agreed in writing). A written “Dispute Notice” must be provided by the complaining party and include:
- Your name, contact details, and account information.
- A detailed explanation of the dispute's basis.
- A proposed resolution, including any financial compensation sought.
Spyke will send notices to the contact information associated with your account, while you should email your Dispute Notice to
[email protected].
Neither party may initiate arbitration or litigation until the resolution period ends. A party failing to comply with this condition may face dismissal of their claims and reimbursement of costs to the other party.
(c) Agreement to Arbitrate
If informal resolution fails, you and Spyke agree to resolve disputes exclusively through binding arbitration, except as set forth in subsections (h) or required by law.
(d) Opt-Out Option
You may opt out of this arbitration agreement by submitting a written, signed notice to
[email protected] within 30 days of accepting the Terms. Opting out will not prevent you from accessing the Services, but other dispute resolution terms may still apply.
(e) Arbitration Procedures
- For U.S. residents: Disputes will be administered by JAMS under its Streamlined Arbitration Rules, with the process held in New York or remotely.
- For non-U.S. residents: The Center of Arbitration and Dispute Resolution (CADR) will administer arbitration under Turkish arbitration law, with proceedings in Istanbul or remotely.
Arbitration will proceed in English, with a single arbitrator, and all arbitration fees will follow the relevant rules of JAMS or CADR.
(f) Class Action Waiver
You agree to arbitrate disputes on an individual basis. Class actions, group arbitrations, or representative actions are expressly waived to the maximum extent permitted by law.
(g) Exceptions to Arbitration
You or Spyke may:
- Seek temporary injunctive relief in court.
- File small claims cases where applicable.
- Pursue claims through the Online Dispute Resolution platform in the European Economic Area.
(h) Additional Provisions
- Any arbitration decision is binding and confidential.
- If any part of this arbitration agreement is invalidated, the remaining provisions will remain enforceable, except as otherwise provided.
Article - 18
GOVERNING LAW AND JURISDICTION FOR DISPUTES
If you reside in the United Kingdom or the European Economic Area, no part of this Section 19 will limit or exclude any statutory rights you may have as a consumer under the laws of your country of residence. This includes the right to claim if your User Content or Account is terminated or suspended in violation of these Terms.
(a) Governing Law
- If you reside in the United States, these Terms, your use of our Services, and any related disputes will be governed by the laws of Turkey, excluding conflict-of-law principles. The agreement to arbitrate under Section 17 and its enforcement will be governed by the United States Federal Arbitration Act, without regard to conflict-of-law principles. Both you and Spyke acknowledge that these Terms involve interstate commerce.
- If you reside outside of the United States, and unless required otherwise by applicable law, these Terms, your use of the Services, and any related disputes, including the arbitration agreement in Section 17, will be governed by the laws of Turkey, excluding conflict-of-law principles.
(b) Judicial Forum for Disputes
Except where applicable law dictates otherwise, you and Spyke agree that any disputes not subject to arbitration under Section 17, and not eligible for filing in relevant courts under the Section, may only be resolved in a court of competent jurisdiction in Istanbul, Turkey. Both parties consent to venue and personal jurisdiction in that location. However, either party may move to compel arbitration or enforce an arbitral award in any court of competent jurisdiction.
Article - 19
MODIFYING OR TERMINATING SERVICES
(a) If your Country of Residence is outside the United Kingdom, European Economic Area, or Australia:
- We reserve the right to modify, suspend, or terminate the Services, change fees, or offer new opportunities to users at any time. Changes may be made to improve gameplay, fix bugs, or update technical aspects. You may need to accept updates, including to Apps installed on your devices. Updates may be carried out remotely, with or without notification.
- We may notify you in advance about significant changes or suspension of our Services, such as via email or within the Services. Modifications to Services will be governed by these Terms unless otherwise stated. You can discontinue use of our Services at any time by closing your account and uninstalling any Apps.
(b) If your Country of Residence is the United Kingdom, European Economic Area, or Australia:
- We may modify, suspend, remove, or add new features to our Services as needed, such as for technical improvements, security updates, or compliance with applicable laws. Such actions will be taken at our discretion.
- If a modification significantly impacts your use of the Services, we will provide reasonable notice. If you disagree with any changes, you have the right to terminate these Terms within 30 days of notice and stop using our Services.
- We may terminate these Terms or suspend your account if you breach significant provisions or for other reasons, providing reasonable notice when possible.
(c) Survival of Rights and Obligations
Certain rights and obligations, will survive the termination or expiration of these Terms.
Article - 20
SEVERABILITY
If any part of these Terms is found to be unenforceable or unlawful:
- The unenforceable provision will be removed from these Terms.
- The remaining provisions will remain in full effect.
- The unenforceable provision may be revised to ensure enforceability while preserving the original intent of these Terms.
Article - 21
GENERAL TERMS
(a) Export Controls
You must comply with all applicable export and sanction laws, including those of the United States, Turkey, the European Union, and the United Kingdom, as well as any relevant local laws. These laws prohibit the use of the Services by individuals or entities in sanctioned countries, including Cuba, Iran, Syria, North Korea, and others, as well as sanctioned persons.
You represent and warrant that you are not located in a sanctioned country or entity, and you will not use the Services in violation of these laws.
(b) Responsible Gaming
While we want you to have an enjoyable experience, it is your responsibility to manage your playtime and spending on our Services.
(c) Artificial Intelligence
Spyke may use AI or generative AI for various purposes, such as customer support, service customization, and generating in-game assets. The license you grant in Section 9(a) allows us to use your content for training AI models. Some AI systems may be provided by third parties, subject to their terms.
(d) Content Recommendations
We may use your gameplay and purchase data to optimize and personalize the Services, such as tailoring in-game promotions and gifts based on your preferences and engagement.
(e) Language
To the fullest extent allowed by law, the official language for these Terms is English. Any translations are provided for convenience.
(f) Miscellaneous
Failure to enforce any part of these Terms does not constitute a waiver of that part. These Terms represent the entire agreement and supersede previous agreements. The section headings are for convenience and have no legal effect. Communications between you and Spyke may be electronic, and we may assign these Terms at our discretion. You may not assign your rights under these Terms.
California consumers are entitled to specific rights under California Civil Code Section 1789.3, and may contact the Complaint Assistance Unit at the California Department of Consumer Affairs for assistance.
Article - 22
MISCELLANEOUS
- Assignment User shall not have the right to transfer or otherwise dispose of, whether in whole or in part, the Agreement or the rights and obligations resulting from this Agreement without approval of Spyke.
- Links to third Party Providers Spyke may link to third party websites or services from the Services. User understands that Spyke makes no commitments regarding any content, goods or services provided by such third parties and Spyke endorses the same. Spyke is also not responsible to User in relation to any losses or harm caused by such third parties. Any charges that User incurs in relation to those third parties are User’s responsibility. User understands that when it provides data to such third parties, such transfer is held with their privacy policy (if any) and Spyke’s own privacy policy does not apply in relation to such data.
- Waiver No waiver by any Party of any condition contained in this Agreement, and no waiver by any Party of any breach of any term, covenant, provision, or agreement contained in this Agreement, in any one or more instances, shall constitute or be deemed to be either (i) a waiver by such Party of any other condition contained in this Agreement or a waiver by such Party of any other breach of any term, covenant, provision or agreement contained in this Agreement, or (ii) a continuous waiver by such Party of such condition of such breach.
- Entire Agreement This Agreement supersedes all prior agreements, negotiations, undertakings, representations, warranties and promises between the Parties with regard to the subject matter hereof and contains, the sole and entire Agreement between the Parties in respect of the matters covered hereby.
- Severability If any of the provisions of this Agreement is or becomes invalid, illegal, or unenforceable for any reason, the validity, legality, or enforceability of the remaining provisions shall not in any way be affected or impaired. The Parties shall nevertheless negotiate in good faith in order to agree the terms of mutually satisfactory provisions, achieving as closely as possible the same commercial effect, to be substituted for the provisions so found to be void or unenforceable.
- Partnership Nothing in this Agreement is intended to be construed so as to constitute User and Spyke as partners or joint ventures, or either party hereto as the employee, franchisee or legal representative of the other party.
- Notices Spyke may notify User via postings within the games, in the games, via e-mail or any other communication means using contact information provided to Spyke. All notices given by User or required from User under these Terms of Services or the Privacy Policy will be made to [email protected] and will include the full name and a detailed description of reasons for contacting Spyke.
- Governing Law All disputes between User and Spyke shall be governed by the laws of Turkey by courts and enforcement located in Istanbul Merkez without regard to conflict of law provisions, and User agrees to submit to the jurisdiction of such court.
- Costs All costs, expenses, transfer fees, taxes, duties, or charges (including stamp taxes) directly linked to the execution of this Agreement shall be borne equally by Spyke and User.
- Trademark Spyke has U.S. and common law trademark rights pending, and is represented by the law firm LegalForce RAPC Worldwide (www.legalforcelaw.com). Any questions with respect to licensing, use, and/or legal matters with respect to ROYAL RICHES, TILE BUSTERS or BLITZ BUSTERS brand should be directed to Austin Matheny at [email protected], [email protected] AND legal@spykegames.com.
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NOTICE BY MAIL
To reach us regarding these Terms, please send written notices or correspondence via first-class mail (postage prepaid) or through a courier service that ensures delivery, to the following address:
Spyke Yazılım Anonim Şirketi
Büyükdere Cad. Astoria Alışveriş Merkezi No: 127 K: 1 Bağımsız Bölüm No: 59
34394 Esentepe Şişli İstanbul