Stormwind Games

Stormwind End User License Agreement

Terms of Services

Stormwind Games is the name of the game development studio within Stormwind Bilişim Yazılım ve Danışmanlık Ticaret Limited Şirketi, so we will refer to ourselves throughout this Agreement as "Stormwind Games".

This License Agreement (“Agreement”), governs the relationship between the user and Stormwind Bilişim Yazılım ve Danışmanlık Ticaret Limited Şirketi(“Stormwind Games”) and sets forth the terms and conditions under which you are licensed to install and use the related services (“Services”) and platforms(“Platforms”) provided by Stormwind Games.

As used herein, the term “Platform” refers collectively, and at times individually, to

• The Stormwind Games App software,
• The Stormwind Games gaming services,
• Each of the Games,

· Each of the account services provided by Stormwind Games(including but not limited to forums, wikis, blogs, social media accounts, customer and technical support and any other services we provide to you)

· Authorized Mobile Apps relating to the Games and the Stormwind Games service,

· All features and components of each of them, whether installed or used on a computer or mobile device.

IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY, OR USE THE STORMWIND GAMES PLATFORM.

By using Services in any way, you represent that you are older than 13 or your parent or guardian has reviewed and accepted this Agreement. You acknowledge that the Platform is not intended for minors under age 13 and services will not be provided to those under age 13.

Stormwind Games shall also have the right to obtain non personal data from your connection to the Platform. Stormwind Games’ retention and/or use of your personal information is subject to Stormwind Games’ Privacy Policy, located in “ https://stormwindgames.com/privacy-policy.html ”

Our services are only for personal use. Commercial use of Services is unlawful and prohibited. Therefore, you acknowledge and accept that you use the Services for entertainment purposes within personal use.

To use the Platform, you must register, or have previously registered, a Stormwind account (an “Account”).

You may not transfer your rights and obligations to use the Platform.

1-Creation of Accounts is subject to the following terms and conditions:

You may establish an Account only if:

· You are a “natural person” in your country of residence (Corporations, Limited Liability Companies, partnerships and other legal or business entities may not establish an Account)

· You are not an individual specifically prohibited by Stormwind Games from using the Platform.

· You provide Stormwind Games with accurate and up to date information that is personal to you, including your name, address, phone number, and email address. You may not provide any inaccurate information regarding an Account ID or select an Account ID that represents you are another person.

· You have to select a unique username and password (“Login Information”). You cannot share the Account or the Login Information with anyone, unless the terms of this Agreement allow it.

· You must maintain the confidentiality of the Login Information, as you are responsible for all uses of the Login Information and the Account, including purchases, whether or not authorized by you. If you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify Stormwind Games at (contact) “ https://stormwindgames.com/privacy-policy.html# ”

MINOR CHILDREN

Subject to the laws of your country of residence, minor children may utilize an Account established by their parent or legal guardian. In the event that you permit your minor child or legal ward to use an Account on the Platform, You are responsible for all the provisions they have agreed on your behalf, and you understand and agree that you will be responsible for all uses of the Account whether or not such uses were authorized by you. You acknowledge, and further agree that you are legally responsible for all actions of that minor, including but not limited to any payments, damages and/or liabilities related to the actions of that minor. Accordingly, it is acknowledged and further agreed that the definition of “You” under this agreement includes both the adult at least 18 years of age and otherwise legally competent to read, understand and accept the provisions of this agreement on behalf of themselves, as well as the minor age 13-17 for whom the adult is legally permitted to allow access to the Platform. The foregoing adult hereby guarantees and agrees to pay for any and all liabilities of any nature whatsoever incurred under this agreement and to defend, indemnify and hold harmless Stormwind Games with respect. The foregoing adult acknowledges and understands that this guarantee is a continuing, unconditional, and irrevocable guarantee to pay for and to defend, indemnify and hold harmless Stormwind Games with respect to any claim related to such liabilities. All rights, remedies, and recourses afforded Stormwind Games by reason of this guarantee or otherwise are separate, cumulative, and non-exclusive. Such rights, remedies, and recourses may be pursued separately, successively, or concurrently, and any action taken by Stormwind Games with respect to such rights, remedies, and recourses shall in no way limit or prejudice any other legal or equitable right, remedy, or recourse which Stormwind Games may have.

NOTICE: TERMINATING AN ACCOUNT

You may notify Stormwind Games that you wish to terminate an Account by notifying the Notice Contact support@stormwindgames.com of your desire to do so(include your name, address, contact information, and a reason for the request). Any such request must be made to the Notice Contact and include your name, address, contact information, and a reason for the request. Termination of an Account under this provision also terminates any license granted by Stormwind Games under this agreement but does not affect any other provisions of this agreement.

2- Ownership: Stormwind Games owns all rights or license them from third parties, title and interest, including without limitations any games, titles, computer code, themes, objects, characters, designs, items, character names, stories, in-game dialogues, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, method of operation, documentation, character profile information, accounts, virtual currency and virtual items, and material produced by Stormwind Games and/or received or made available while using the Platform or developed during the course of the Platforms, and all related intellectual property rights in relation to the Services. You may not use or exploit any part of Stormwind Games Platforms as their intellectual property rights are protected by copyright, trademark and other intellectual property laws worldwide. For more information, see our “TRADEMARKS AND COPYRIGHT NOTICES“

Copyright, trademarks, and all other proprietary rights displayed in the Services (including, but not limited to, software, graphics, and logos) are belong to Stormwind Games. The users are not allowed to copy, use, republish, modify, download, distribute, license or reverse engineer.

All data and communications generated by, or occurring through, the Platform

ALFA and BETA ACCESS NOTICE:

Certain pre-release versions of our Games and Apps will available to you through the Platform for testing.

Beta and Alfa versions of our Platform are versions before their full commercial release. Please do not forget Alfa and Beta means access to something new and incomplete.

Therefore your access to the Alfa and Beta(“The Tests”) will usually be time-limited with additional contract terms;

· You can participate in a feedback process in which you can offer information about how the Alfa and Beta works,

· The Alfa and Beta software will be provided 'as is' without any additional promises from us or any liability on us if the software isn't complete or doesn't work fully or causes issues,

· The specific game or service (the Platform chosen for Alfa or Beta) may have specific legal rules of its own for its Test. Users will be notified beforehand,

· The Tests may contain bugs which may cause loss of data and/or damage to your computer system,

· You Acknowledge that you will back-up your hard drive prior to installation, you have the resources necessary operating system and restore any and all data that may be lost that Stormwind is not liable in any way for the loss of data or damage to the System, interruptions of service, software or hardware failures, or loss of data or disruption of service,

· Stormwind may monitor and record any and all communications, electronic or otherwise, pertaining to the Beta,

· Stormwind may delete or modify the information stored by the Platform being Tested for any reason at any time during the duration of the Tests,

· Stormwind may transfer software program files to the Test System, including a program that will collect and send us CPU, RAM, operating system, video card, and sound card information from the Test System,

· You may not sell, transfer or commercially exploit access to The Tests, including the distribution of Alfa and/or Beta keys without Stormwind’s express authorization.

If you purchase a license to use a Virtual Goods or Service through the Platform during an Alfa or/and Beta Test, all purchases will be subjected to the App the game or/and service has been released. Stormwind does not process or accept any payment by itself. Payments are processed via platform you are playing such as Google Play, Apple Store etc. Therefore Stormwind will not provide you with a refund for your purchase of a Virtual Good or Service during Alfa and/or Beta Test. These items or/and services may not transition to commercial release version of a Game and/or Service. In those cases, Stormwind will provide you with information that explains what, if any, credit you would receive for your purchase of digital goods or services for real money during the Tests once the Tests has concluded.

You agree and acknowledge that termination of the Tests shall not be grounds for any refunds of any kind, for any of Stormwind’s Virtual Goods.

Confidentiality: Stormwind may choose to make some of the Alfa and Beta releases as confidential. During a confidential Alfa and Beta Test, the existence of the Beta Test and all elements thereof is to be kept confidential. Therefore user agrees to keep everything related to the Tests secret from everyone who is not participating in the Test until Stormwind informs them that the Test is no longer confidential.

3- LIMITED LICENSE – SERVICE: ANY SERVICE, CONTENT OR GAME SUPPLIED BY STORMWIND GAMES IS LICENSED, NOT SOLD, BY STORMWIND GAMES.

Without prejudice to other provisions of this Agreement, Stormwind Games grants users a non-exclusive, non-transferable, non-sublicensable, revocable limited right subject to the limitations below to access and use the Service and Platform. As part of right of use, users may only access to or use Services for their personal and non-commercial entertainment purpose.

The rights granted to users in this Agreement are subject to the following restrictions:

· Sell, sub-license, rent, represent, lease, grant a security interest in, borrow, lend, loan, commercially exploit the Service, network or engage in any activity that could in any way transfer or provide others access to any Service, Content, Game, or parts thereof,

· Users shall not access to the Services in order to build a similar or competitive service or application;

• No part of Service may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means
• Reverse engineer, translate, adapt, disassemble, decompile, or reduce to any human-perceivable form, any Game or parts thereof;
• Modify, or create a derivative work of or based on, any Service, Content, Game, or parts.

The users undertake that they shall not conduct any of the following actions under this Agreement:

• Access to and use of Stormwind Games’ information systems,
• Initiate or attempt an attack to Stormwind Games’ information systems or spread attack supporting viruses,
• Disable or change software that Stormwind Games uses regarding cyber security,
• Send invitation, advertisement or e-mail on Stormwind Games’ behalf by using Stormwind Games trademarks and logos,
• Make any sexually explicit, obscene, racist posts or posts about children on behalf of Stormwind Games or mention the name or logo of Stormwind Games on such content.

4- You acknowledge and agree that when you use the platform, you have no expectation that your communications will be private. Stormwind games shall have the right, but no obligation, to monitor and/or record operation of any service, content or game at any time and in any matter, including but not limited to your communications, when you use in-game communications and other ways of communications provided by the platform as well as third-party Message Boards and the like; and that Stormwind Games has no obligation to explain any decision to take any action. Stormwind Games may take any action, or no action whatsoever, based on any information, feedback or communication related to the Platform.

Stormwind Games shall have the right to disclose your communications for any reason, including:

· To satisfy any applicable law, regulation, legal process or governmental request

· To enforce the terms of this Agreement or any other Stomwind Games’ policy

· To protect Stormwind Games’ legal rights and remedies

· To protect the health or safety of anyone that Stormwind Games believes may be threatened (monitoring for the purposes of detecting the game under sections 3 or 5; including but not limited to monitoring communications and communications interfaces, storage devices, random access memory, or cpu processes related to hardware you use with the game)

· To report a crime or other offensive behavior.

NOTICE: PRIVACY AND DATA PROTECTION

It is your responsibility to read, understand and accept the Privacy Policy in effect in connection with your use of the Platform. You acknowledge that Stormwind Games may make changes to the Privacy Policy at any time.

Additionally, communications made using a product or service should not be considered private. By using the speech to text feature in voice chat, you understand that your communications may be used for transcription of speech to text, including for accessibility purposes. We do not retain the chat transcription after you end the session and close the chat window. By using voice or text chat, you understand that your communications may be monitored and/or recorded;

· for accessibility,

· toxicity analysis (toxic player behavior),

· to prevent cheating and fraud,

· for enforcement of Stormwind’s End User License Agreement (EULA) and/or terms of use.

You acknowledge and agree that you have no expectation of privacy concerning the transmission of any user generated content or communications, chat texts, voice communications, or speech to text for transcription purposes.

You hereby provide your irrevocable, express consent to such monitoring and recording. Because voice chat and other communications may be viewed and/or heard by other users, users should avoid revealing any personally identifiable information in those communications.

5-Virtual Goods : Stormwind Games Platforms contains in game currencies and in game items (referred as “Virtual Goods ”). The users may purchase a limited license to acquire and use the Virtual Goods . This Limited License for Virtual Goods does not accrue interest, is not insured, revocable, non-transferable, non-sublicensable (you will not be able to assign or sub-license the right to use or modify the product without the developer's permission) and is not redeemable or refundable for any sum of money or monetary value from Stormwind Games at any time. Virtual Goods do not constitute or confer upon you any personal property right. Stormwind Games’ Virtual Goods and platform is not a bank account.

Stormwind Games reserves the right to reduce, liquidate, deactivate, suspend or terminate your Purchased Virtual Goods , or other Platform features if Stormwind Games determines, in its sole discretion, after investigation, that you have violated this Agreement, including the license limitations, misused Virtual Goods , or have otherwise used these Virtual Goods to conduct any fraudulent or illegal activity.

Users are responsible for all uses of their in-game purchases. If you suspect that your purchase has been compromised, you should contact your service provider’s Customer Service so that the matter can be investigated. If necessary, Stormwind Games will take actions to freeze your Account until Stormwind Games has returned control of your Account to you. You acknowledge and agree that regardless of your service provider’s investigation, if violation of our content, products, intellectual rights and related terms, service-specific additional terms, or any related services is suspected, Stormwind Games has sole and absolute discretion in determining whether to freeze your account and/or restrict you from reaching your account permanently.

Stormwind Games uses Platform providers and payment service providers (whose security technology is outside of our control) to conduct all payment transactions in relation to the Virtual Goods . By purchasing in-game Virtual Goods , the users agree to the terms of services of platform providers and payment service providers. For more information we encourage you to read Google play privacy policy, ( https://policies.google.com/terms?hl=en ) and terms of service ( https://policies.google.com/terms?hl=en ), Apple Store privacy policy https://www.apple.com/legal/privacy/en-ww/ and terms of service https://www.apple.com/legal/internet-services/terms/site.html and also sales and refund policy https://www.apple.com/shop/browse/open/salespolicies .

NOTICE: DISCLAIMER

Stormwind games provides the Services to the users “as is” basis without any warranties of any kind. Stormwind games does not warrant that the users will be able to access or use of the Services at the times and locations of users’ choosing; that Services will be uninterrupted or error-free; that defects will be corrected; or that the Services will be free of viruses or other harmful components.

Stormwind Games is not liable to the users or any third party for any indirect, incidental, consequential, special or punitive damages, including but not limited to, loss of revenues, lost profits or business interruption, arising from or in relation to the Agreement.

You hereby agree to defend and indemnify Stormwind Games, its parent, subsidiaries, Licensors and affiliates against and from any third party claims, liabilities, losses, injuries, damages, costs or expenses incurred by Stormwind Games arising out of or from your use of the Platform or Account(s), or any specific services or features associated therewith, including but not limited to User Content, Custom Games, Game Editors, Virtual Currencies, and this Agreement.

Stormwind Games may revise the pricing for the goods and services offered through the Platforms (such as Google Play or Apple Store) or limit the amount that may be obtained by per account at any time.

YOU ALSO ACKNOWLEDGE THAT STORMWIND GAMES HAS NO OBLIGATION TO REFUND ANY PAYMENTS, IN WHOLE OR IN PART, RELATED TO AN ACCOUNT WHETHER OR NOT SUCH PAYMENTS WERE MADE OR AUTHORIZED BY YOU, FOR ANY REASON WHATSOEVER, INCLUDING BUT NOT LIMITED TO INTERRUPTION OR UNAVAILABILITY OF SERVICE.

ACCESS AND USE OF SERVICES ARE AT THE USERS OWN DISCRETION AND RISK. YOU ACKNOWLEDGE THAT SERVER ACCESS ISSUES OCCUR OR/AND SERVICE MAY BE INTERRUPTED FOR REASONS WITHIN OR BEYOND THE CONTROL OF STORMWIND GAMES, THAT STORMWIND GAMES CANNOT AND DOES NOT GUARANTEE YOU WILL BE ABLE TO USE THE PLATFORM WHENEVER YOU WISH TO DO SO. STORMWIND GAMES’S LIABILITY WILL BE LIMITED TO FIXING ACCESS RELATED PROBLEMS.

NOTICE: THIRD-PARTY APPS

You acknowledge that Stormwind Games has no responsibility with respect to any payments or “donations” related to the Platform that you make to any third-party (for information, services, or an Item offered or provided by any third-party)

6-In Game Behavior & Violation of Terms and Conditions:

Stormwind Games in its reasonable discretion, provide you with a warning, penalties, and in certain cases terminate your Account, suspend or revoke your license to use the Platform, or parts, components and/or single features, thereof, if you violate, help others violate this agreement, the license limitations. Stormwind Games has the right, but no obligation, to provide you with notice before such termination.

Stormwind Games has a right to terminate your account if it determines that you are not in compliance with all provisions of this agreement or your violations regarding this agreement lacks merit.

You agree that you will not, in whole or in part or under any circumstances, do the following:

• Derivative Works: Copy or reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on or related to the Platform.

· Create, use, offer, promote, advertise, make available and/or distribute or assist including the following but not limited to;

o Cheats; i.e. methods not expressly authorized by Stormwind Games, influencing and/or facilitating the gameplay, including exploits of any in-game bugs, and thereby granting you and/or any other user an advantage over other players not using such methods

o Bots; i.e. any code and/or software, not expressly authorized by Stormwind Games, that allows the automated control of a Game, or any other feature of the Platform, e.g. the automated control of a character in a Game

o Hacks; i.e. accessing or modifying the software of the Platform in any manner not expressly authorized by Stormwind Games; and/or any code and/or software, not expressly authorized by Stormwind Games, that can be used in connection with the Platform and/or any component or feature thereof which changes and/or facilitates the gameplay or other functionality

• Virus or/and Harmful Behavior: Knowingly affect the Service, the Game/Platform, or Content via any bloatware, malware, computer virus, worm, trojan horse, spyware, adware, crimeware, scareware, rootkit or any other program installed in a way that executable code of any program is scheduled to utilize or utilizes processor cycles during periods of time when such program is not directly or indirectly being used.
• Prohibited Commercial Uses: Exploit, in its entirety or individual components, the Platform for any purpose not expressly authorized by Stormwind Games, including the following but not limited to:

o Playing the Game(s) at commercial establishments

o Using Any service that interacts with the Game, gathering in-game currency, items, or resources for sale outside of the Platform or the Game(s)

o Any service that that would change characteristics related to an Account, without limitation, account boosting or power-leveling, in exchange for payment;

o Communicating or facilitating (by text, live audio communications, or otherwise) any commercial advertisement, solicitation or offer through or within the Platform; or organizing, promoting, facilitating, or participating in any event involving wagering on the outcome, or any other aspect of, Stormwind Games’ Games, whether or not such conduct constitutes gambling under the laws of any applicable jurisdiction, without authorization.

• Cloud Computing: Use the Platform, including a Game, in connection with any unauthorized third-party “cloud computing” services, “cloud gaming” services, or any software or service designed to enable the unauthorized streaming or transmission of Game content from a third-party server to any device.
• Data Mining: Do not intercept, mine or otherwise collect personal or confidential data or information from Stormwind Games Platforms.
• Duplicated Items: Create, utilize or transact in any in-game item created or copied by exploiting a design flaw, undocumented problem, or program bug in the Platform.
• Unauthorized Connections: Facilitate, create or maintain any unauthorized connection to the Platform or/and circumventing any technological measure intended to effectively control access to the Platform, the Game, Content, or any other Platform IP right, circumventing any protection measure to any Platform IP right, or engaging in any trafficking related to the foregoing;

Including without limitation:

o Any connection to any unauthorized server that emulates, or attempts to emulate, the Platform

o Any connection using third-party programs or tools not expressly authorized by Stormwind Games.

• Transfers: Attempt to sell, sublicense, rent, lease, grant a security interest in or otherwise transfer any copy of the Platform or component thereof, or your rights to the Platform to any other party in any way not expressly authorized herein.
• Disruption / Harassment: Engage in any conduct intended to disrupt or diminish the game experience for other players, or disrupt operation of Stormwind Games’ Platform in any way, including:

· Disrupting or assisting in the disruption of any computer used to support the Platform or any Game environment. ANY ATTEMPT BY YOU TO DISRUPT THE PLATFORM OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

· Harassment, “grieving” abusive behavior or chat, conduct intended to unreasonably undermine or disrupt the Game experiences of others, deliberate inactivity or disconnecting, and/or any other activity which violates Stormwind Games’ In-Game Policies.

· Violation of Laws: use the Platform to violate any applicable law or regulation.

About user information collected for purposes mentioned above, please see our Privacy Policy “ 2, 2.1, 2.2 and 2.3 ” and “PRIVACY NOTICE” we mentioned above.

7- Any esports or group competition sponsored, promoted or facilitated by any commercial or non-profit entity has to obtain authorization from Stormwind Games or obtaining Stormwind Games’ prior written consent for the use of Stormwind Games’ platforms.

8- Stomwind Games may create updated versions of this Agreement as its business and the law evolves. We encourage you to visit our website for the latest version of our Terms and Service, Privacy Policy and other legal documents.

The users are assumed to have accepted this Agreement by activating/downloading/using the Services. This Agreement and its provisions is effective upon users download our Platform unless modified or amended by Stormwind Games. If neither of the foregoing events occur, this Agreement and its provisions are effective as long as you continue using the Platform.

Users are entitled to terminate this Agreement at any time by notifying Stormwind Games by email at support@stormwindgames.com

Stormwind Games reserves the right to terminate this Agreement at any time for any reason, or for no reason, with or without notice to you. For purposes of explanation and not limitation, most Account suspensions and terminations are the result of violations of this Agreement. In the event of a termination of this Agreement you will not be able to use the Platform and you agree and acknowledge that you are not entitled to any refund for any amounts prior to any termination of this Agreement.

9- You agree that Stormwind Games would be irreparably damaged if the terms of this Agreement were not specifically followed and enforced. In such an event, you agree that Stormwind Games shall be entitled, without bond or other security, or proof of damages, to appropriate equitable relief in the event you breach this Agreement; and that the awarding of equitable relief to Stormwind Games will not limit its ability to receive remedies that are otherwise available to Stormwind Games under applicable laws.

Stormwind Games may change, modify, suspend, or discontinue any aspect of the Platform or Accounts at any time. Stormwind Games may also impose limits on certain features or restrict your access to parts or all of the Platform or Accounts without notice or liability.

10- Force Majeure : Stormwind Games shall not be liable for any delay or shall be excused from any failure to perform any obligation under this agreement to the extent such failure is caused by, such as natural disasters, unforeseen intrusions into our cyberspace, war, terrorism, riots, embargoes, acts of civil or military authorities, acts of God, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

11- Severability: If any part of this Agreement is determined to be invalid or unenforceable, that provision shall be deemed to be modified to the extent necessary to allow it to be enforced to the extent permitted by law or that portion shall be severed, and the remainder of this Agreement shall be given full force and effect.

12- Users may not assign this Agreement without Stormwind Games’ prior written consent.

13- Users who access the Platform from outside of Turkey are responsible for compliance with all applicable local laws.

14- Governing Law and Venue: Any legal questions/complaints/claims regarding this Agreement are under Turkish law and jurisdiction for users all around the world. Turkish law will govern all disputes, including but not limited to, arising out of or relating to violation of our content, products, intellectual rights and related terms, service-specific additional terms, or any related services, regardless of conflict of laws rules and choice of law principles. These disputes will be resolved exclusively in the courts of Ankara, TURKEY, and you consent to personal jurisdiction in those courts.

NOTICE: