Terms of Use
DY Games is the name under which independent developer Doğukan Yılmaz publishes mobile games. These Terms of Use ("Terms") are an agreement between you and Doğukan Yılmaz, doing business as DY Games ("we", "us", "our"), and govern your use of our mobile games and apps distributed through the Apple App Store (the "Games"). By downloading, installing or using a Game, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Games.
PLEASE NOTE: SECTION 13 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT HOW DISPUTES ARE RESOLVED.
1. Eligibility
You must be at least 13 years old to use the Games. If you are under the age of majority where you live, you may use the Games only with the involvement and consent of a parent or legal guardian, who agrees to these Terms on your behalf.
2. License
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download and use the Games on Apple-branded devices that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. All rights not expressly granted are reserved by us.
3. Restrictions
You agree not to:
- Copy, modify, distribute, sell, rent or create derivative works of the Games;
- Reverse engineer, decompile or disassemble the Games, except where applicable law expressly permits it;
- Use cheats, bots, hacks, exploits or any unauthorized third-party software to modify or interfere with the Games;
- Manipulate ads, ad clicks or rewards, or otherwise commit fraud;
- Use the Games for any unlawful purpose or in violation of these Terms.
4. Virtual items and in-app purchases
The Games may let you purchase or earn virtual currency, items, ad removal or other digital content ("Virtual Items"). Virtual Items are licensed, not sold, have no monetary value, and cannot be exchanged for real money or transferred to another person. All purchases are processed by Apple and are subject to Apple's terms. Except as required by law or by Apple's refund policies, all purchases are final and non-refundable. We may modify, rebalance or discontinue Virtual Items at any time, and Virtual Items may be lost if you delete a Game or change devices.
5. Advertising
The Games may display advertisements, including rewarded ads. We are not responsible for the content of third-party ads or for any products, services or websites they promote. Your dealings with advertisers are solely between you and the advertiser.
6. Intellectual property
The Games and all content in them, including software, graphics, characters, levels, sounds, music and trademarks, are owned by us or our licensors and are protected by intellectual property laws. These Terms do not transfer any ownership rights to you.
7. Feedback
If you send us ideas, suggestions or feedback, you grant us the right to use them for any purpose without compensation or obligation to you.
8. Changes and availability
We may update, change, suspend or discontinue any Game or feature at any time, with or without notice. We do not guarantee that the Games will always be available, error-free or compatible with your device.
9. Termination
These Terms remain in effect until terminated. Your rights under these Terms end automatically if you breach them. We may suspend or terminate your access to the Games at any time. Upon termination, you must stop using and delete the Games. Sections 4 and 6 through 15 survive termination.
10. Disclaimer of warranties
THE GAMES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROGRESS, VIRTUAL ITEMS, PROFITS OR GOODWILL, ARISING OUT OF OR RELATED TO THE GAMES OR THESE TERMS. OUR TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE GAMES IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) US $50.
12. Indemnification
You agree to indemnify and hold us harmless from any claims, losses, liabilities and expenses (including reasonable attorneys' fees) arising from your misuse of the Games or your violation of these Terms.
13. Dispute resolution; arbitration; class action waiver
Informal resolution. Before filing any claim, you agree to contact us at 2yilmaz.dogukan@gmail.com and try to resolve the dispute informally for at least 30 days.
Binding arbitration. If the dispute is not resolved informally, you and we agree that any dispute arising out of or relating to the Games or these Terms will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. Either party may instead bring an individual claim in small claims court if it qualifies.
Class action waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING.
Opt-out. You may opt out of this arbitration agreement by emailing us within 30 days after first accepting these Terms, stating that you opt out of arbitration.
14. Governing law
These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles, and by the Federal Arbitration Act. Subject to Section 13, any court proceeding will take place in the state or federal courts located in Delaware.
15. Apple App Store terms
The following applies to any Game obtained from the Apple App Store:
- These Terms are between you and us only, not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Games and their content.
- Your license is limited to use on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions.
- We are solely responsible for any maintenance and support of the Games. Apple has no obligation to provide maintenance or support.
- If a Game fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for that Game. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Games.
- We, not Apple, are responsible for addressing any claims by you or a third party relating to the Games, including product liability claims, claims that a Game fails to conform to legal or regulatory requirements, and claims under consumer protection, privacy or similar laws.
- If a third party claims that a Game or your use of it infringes that party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
- You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with any applicable third-party terms when using the Games.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
16. General
These Terms, together with the Privacy Policy, are the entire agreement between you and us regarding the Games. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms; we may assign them without restriction. We may update these Terms by posting a new version on this page; continued use of the Games after an update means you accept the revised Terms.
17. Contact
DY Games (Doğukan Yılmaz)
2yilmaz.dogukan@gmail.com