The Terms and Conditions ("Terms") form a legal agreement between Fortune Mine Oyun Yazılım A.Ş. ("Fortune Mine", "Fortune Mine Corp.", "we" or "us") and you ("you" or "User") and applies to your use of any of Fortune Mine’s software, products, services, websites, mobile apps, games or other applications, on all electronic devices (mobile, tablet and any other device) ("Services" or "Games").
Fortune Mine, a company under laws of Turkey, with registered address Caddebostan Mah. Operator Cemil Topuzlu Cad. A Blok Fazilet Sumer Sitesi No:44 Ic Kapi No:4 Kadikoy / Istanbul TR 34728, is a developer and publisher of games and mobile game applications that are made available via app stores including the Apple Application Store and Google Play Store.
Please review the Terms carefully. As a precondition for you using the Services, you must agree to these Terms. BY ACCESSING THE GAMES OR CREATING AN ACCOUNT WITH US, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT INSTALL, CONNECT TO, ACCESS OR USE (OR CONTINUE TO USE) ANY OF THE GAMES. EACH TIME YOU DOWNLOAD ONE OF OUR GAMES TO YOUR DEVICE A NEW TERMS IS CONCLUDED AND ITS TERMS APPLY TO YOUR USE OF THE RESPECTIVE GAME. APPLICATION STORES AND PLATFORMS MAY PROVIDE THEIR OWN TERMS THAT APPLY TO YOUR RELATIONSHIP WITH THESE APPLICATION STORES AND PLATFORMS, PLEASE READ THOSE CAREFULLY, AS WELL.
THE SERVICES ARE STRICTLY FOR AMUSEMENT PURPOSES ONLY. THE SERVICES DO NOT OFFER REAL MONEY GAMBLING OR AN OPPORTUNITY TO WIN REAL MONEY OR PRIZES. NO ACTUAL MONEY OR ANYTHING OF VALUE CAN BE WON AS A RESULT OF PLAYING THE GAMES, THE REWARDS OF THE GAMES CANNOT BE CASHED OUT AND TRADEABLE AND NO ACTUAL MONEY IS REQUIRED TO PLAY OR DOWNLOAD THE GAMES HOWEVER THE GAMES MAY CONTAIN FEATURES WHICH MAY ALLOW YOU TO MAKE PURCHASES WITHIN THE GAMES.
The Games are available only to individuals who are the greater of eighteen (18) years of age or the age of legal majority in your jurisdiction. By using the Services, you represent and warrant that you possess the legal authority to enter into these Terms and to form a binding agreement under any applicable law, to use the Services in accordance with these Terms, and to fully perform your obligations hereunder.
We reserve the right to request proof of age at any stage. We may block Users whom we suspect are under the applicable age.
You also may not open an Account or use the Services if you previously have been removed by Fortune Mine or otherwise prohibited by us from using the Services.
2. Your Account
In order to access or use some of the features of the Services, you may be required to register by opening an account ("Account") or by signing in via a third-party tool (such as Facebook) ("Third Party Tool"). If you open an Account, you may be required to provide details and select a password or to otherwise allow us to access your account information through a Third Party Tool ("Login Information"). You must safeguard and not disclose your Login Information and you must supervise the use of such Account. You will be responsible for all uses of your Login Information, including purchases, whether or not authorized by you. In the event you become aware of or reasonably suspect any breach of security, including any loss, theft or unauthorized disclosure of your Login Information or unauthorized access to your Account, you must immediately notify us in writing and modify your Login Information. Note that should you choose to create your Account using any Third Party Tool, certain User data that you either provide us or that is accessed through such Third Party Tool (subject to the terms and conditions applicable to such third party), including your user name and photo, may be published on your User profile and may be made available to other Users.
You must provide accurate and complete information when creating an Account, and to update your information (including any contact information) promptly upon any change. You also agree not to misrepresent your identity or to open an Account on behalf of someone other than yourself. Fortune Mine has the right to suspend and/or terminate your Account, should Fortune Mine realize or have suspect that any of your information is not updated or correct or you breach any of the terms of these Terms.
You undertake to monitor your Account and to restrict use by anyone who is not an eligible User. You accept full responsibility for any use of the Services using your Login Information, including any use of your credit card or other payment instrument.
We reserve the right to remove or reclaim any username at any time and for any reason, including in case of claims by a third party that a username violates any third party’s rights or otherwise violate these Terms.
If for any reason you wish to modify your Login Information or other personal information associated with your Account, you may do so by contacting us at [email protected]. If you wish to terminate or close your Account, your Account will be terminated and removed within a reasonable timeframe following our receipt of your written request, and from the date of termination you will no longer be able to access your Account, including any Virtual Items or other Games Content (both terms as defined below) associated therewith.
3. Platform Provider Rules
If you have downloaded the Service from the Apple, Inc. ("Apple"), App Store or if you are using the Services on an iOS device, you acknowledge that you have read, understood and agree to the following notice regarding Apple. These Terms are between you and Fortune Mine only, not with Apple, and Apple is not responsible for the Services and the content thereof. Apple has no obligation whatever to furnish any maintenance and support services with respect to the Services. In the event of any failure of the Services to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatever with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession or use of the Services, including: (1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the Services infringe that third party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the Services. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary of this Agreement. You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
4. Virtual Items and Game Play
In the course of using the Services you may win, earn or alternatively purchase, with real-world money, certain game credits or prizes, virtual play money coins, tokens, points and virtual in-game items ("Virtual Items").
You are not obligated, at any time, to purchase any Virtual Items. Your purchase of Virtual Items is final and is not refundable, transferable or exchangeable, except in Fortune Mine’s sole discretion. You understand that you have no right or title in the Virtual Items appearing or originating in any Game, whether "earned" in a game or "purchased" from us, or any other attributes associated with an Account or stored on the Services. Virtual Items are licensed to you by us for your personal use through the Services. You may not transfer, purchase, sell or exchange Virtual Items outside the Services, or attempt to sell, give or trade in the "real world" anything that appears or originates in the Services. Any such attempted transfer shall be null and void and may result in termination of your Account and legal action taken against you. Other than a limited, personal, revocable, non-exclusive, non-transferable, non-sublicenseable license to use the Virtual Items with the Services, you have no right or title in or to any such Virtual Items. We retain the right to manage, regulate, control, modify and delete Virtual Items at our sole discretion, and we shall have no liability to you or anyone for the exercise of such rights. We may selectively remove or revoke your license to use or associate Virtual Items with your Account without notice at our sole discretion. Prices and availability of Virtual Items are subject to change without notice.
Virtual Items may only be held by legal residents of jurisdictions where access to and use of the Games and holding a Virtual Item are permitted. Virtual Items may only be purchased or acquired from us and through means we provide on the applicable website or otherwise expressly authorize or through the applicable store (such as Google Play Store or Apple App Store). We reserve the right to refuse your request to purchase or acquire Virtual Items for any reason. When you purchase Virtual Items, they will reside in your Account until discharged through use of the Services, unless removed or revoked by us.
Depending on your platform, any Virtual Item purchased from your Platform will be subject to its terms and conditions and user agreement of such Platform. Usage rights for each purchase may differ from item to item. If you are unsure about usage rights you should check with your Platform before making a purchase.
When purchasing Virtual Items, you agree to pay us the applicable charges for your purchase, including applicable taxes, through the applicable store. If your transaction with our payment processing partners is not successful, then your purchase will not be fulfilled. Upon the completion of a successful payment transaction then your purchase will be fulfilled to you as soon as possible – we will endeavor to fulfill your order immediately at the point of purchase.
If your Account is charged for Virtual Items that were not purchased by you or anyone using your Login Information, or you did not receive the Virtual Items you purchased, or you were charged an incorrect amount, you may request a refund or correction (only in Virtual Items) in accordance with the payment provider’s policy. Any refund request must be sent directly to the applicable store in accordance with the applicable store’s policy. You agree to notify us in writing about any billing problems or discrepancies within 30 days from the date of your purchase. If you do not bring them to our attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. You are responsible for and agree to reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and any other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted or that were authorized or accepted using your Login Information (even if not authorized by you). You understand that we may suspend or terminate your Account if for any reason a charge that you authorized or that was authorized using your Login Information cannot be processed or is returned or unpaid, and if such event occurs, you shall immediately remit to us payment for such charge through any payment method. In the event your Login Information has been compromised, please notify us immediately in writing and we will use commercially reasonable efforts to reverse any unauthorized charges. If the compromise results from our negligence or breach of these Terms, then we will reimburse you for any resulting loss, provided that you have timely notified us (as required by this paragraph) of the charge.
If you do not connect the Games on a device to your Account (directly or through your social network account), then we will not be able to restore any Virtual Items (whether purchased by, or otherwise credited or awarded to you) or other data associated with your Game play to a different device (including if you lose that device or it is damaged). We will not be liable for any loss or deletion of Virtual Items, whether purchased by you or granted by us without making a purchase, or of any data associated with your play of the Games, from a device not connected to an Account.
5. Restrictions on Use of the Service
You shall not, and shall not permit or cause any other party, to:
- Create an Account with or access the Service if you are not an eligible User;
- Use the Service in an illegal manner or encourage or promote any illegal activity;
- Fail to pay any amounts (to the extent applicable);
- Interfere with or violate Users’ rights to privacy and other rights, or harvest, post, solicit or collect personally identifiable information about Users without their express consent, whether manually or through the use of any robot, spider, crawler, any search or retrieval application, or other manual or automatic device, process or method to access the Services and retrieve, index or data-mine any information;
- Interfere with or disrupt the operation of the Games or the servers or networks that host the Games, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers or networks;
- Advertise, solicit or transmit any commercial advertisements or SPAM;
- Violate the intellectual property or other rights of any party, including Fortune Mine;
- Create false personas, multiple identities or multiple Accounts; set up an Account on behalf of someone other than yourself; use bots or other automated software programs to defraud or which otherwise violate these Terms or the terms and conditions of any third-party applications or social networks through which the Services is accessed;
- Upload or transmit (or attempt to upload or to transmit), without our express permission, any material that acts as a passive or active information collection or transmission mechanism, including clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware", "passive collection mechanisms" or "pcms");
- Exploit, distribute, develop or publicly inform other Users or the public of any Game error, miscue or bug which provides an unintended advantage, or of "auto" software programs, "macro" software programs or other "cheat utility" software programs or applications;
- Engage in any fraudulent activity with respect to payment methods or advertiser tracking mechanisms;
- Attempt to use the Services on or through any service that is not authorized by Fortune Mine. Any such use is at your own risk and may subject you to additional or different terms. Fortune Mine takes no responsibility for your use of the Services through any service that is not authorized by it;
- Deal with Virtual Items in a manner that violates these Terms, including by selling or transferring Virtual Items to other Users or third parties except as expressly authorized within and by the rules of a Game, or fraudulently obtaining or acquiring Virtual Items;
- Rent, lease, sell, trade, gift, bequeath or otherwise transfer, assign your Account to anyone without our written permission;
- Attempt to interfere with, hack into or decipher any transmissions to or from the servers for the Services; or interfere with the ability of others to enjoy using the Services, including by disrupting, overburdening or aiding the disruption or overburdening of the Services servers, or by taking actions that interfere with or materially increase the cost to us of providing the Services for the enjoyment of all its users;
- Engage in any act that Fortune Mine deems to be in conflict with the spirit or intent of the Services, including circumventing or manipulating these Terms, our game mechanics or policies;
- Without our express written consent, modify or cause to be modified any files, codes or any other component which is part of the Services;
- Institute, assist or become involved in any type of attack, including distribution of a virus, a denial of service attack upon the Services, or other attempts to disrupt the Services or any other person’s use or enjoyment of the Services;
- Attempt to gain unauthorized access to the Services, Accounts registered to others or to the computers, servers or networks connected to the Services by any means other than the user interface provided by Fortune Mine, including by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device or software that is part of the Services;
- Use any unauthorized third party software that accesses, intercepts, "mines" or otherwise collects information from or through the Services or that is in transit from or to the Services, including any software that reads areas of RAM or streams of network traffic used by the Services to store information about Fortune Mine game characters, elements, or environment. Fortune Mine may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
- Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or the Services, whether through the use of a network analyzer, packet sniffer or other device;
- Use, facilitate, create or maintain any unauthorized connection to the Services, including (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of the Services, or (ii) any connection using programs, tools, or software not expressly approved by Fortune Mine;
- Reverse engineer, decompile, disassemble, decipher, modify or otherwise attempt to derive the object code or source code for any underlying software or other intellectual property used to provide the Services, or to obtain any information from the Services using any method not expressly permitted by Fortune Mine;
- Copy, distribute, modify, alter, adapt, make available, translate, port, reverse-engineer, decompile or disassemble any portion of any Games Content, or publicly display, reproduce, create derivative works from, perform, distribute or otherwise use any Games Content, other than to play the Games as permitted under these Terms and applicable Game rules;
- Sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Fortune Mine’s proprietary rights;
- Sell, license or exploit for any commercial purposes any use of or access to the Services;
- Frame or mirror any part of the Services without our prior express written authorization;
- Create a database by systematically downloading and storing all or any of the Games Content;
- Improperly use support channels to make false reports to Fortune Mine or using profane or abusive language in your communications with our support personnel;
- Perform in-Game services in exchange for payment outside the Games (e.g. power-leveling and item collection services); or
- Infringe or violate any of these Terms or the terms of any third-party applications or social networks through which the Services is accessed or any applicable laws.
The Services and/or Games contain various forums, chat functions, and other interactive features that allow you to post, submit, publish, display, or transmit to Fortune Mine and other users, content or materials on or through the Services, including (without limitation) your ability to post or submit teams’ names or titles (collectively "User Contributions").
By submitting or posting User Contributions (including, without limitation, submitting or posting a team’s title or name), you agree to comply with the following:
- You shall not, and shall not permit or cause any other party, to post, upload or submit to the Services and/or Games any User Contributions, including any content or materials submitted via any interactive features available from within the Services (including, without limitation, submitting or posting a team’s title or name), that violates these Terms or that contains or links to Objectionable Content. "Objectionable Content" means content that promotes or links to content that is (i) offensive, harassing, threatening, abusive, inflammatory or racist, (ii) sexually explicit or obscene; (iii) illegal, fraudulent, deceptive, contrary to public policy or that could facilitate the violation of any applicable law, regulation or government policy, (iv) libelous or defamatory, (v) violates the intellectual property, privacy, publicity, moral or any other right of any third party (such as by way of misrepresenting your identity or impersonating a third party), or otherwise injurious to third parties or objectionable, and (vi) software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam".
- You represent and warrant that you own or otherwise control all of the rights to the User Contributions that you post or upload at the time of posting, that the User Contributions are accurate and not fraudulent or deceptive, and that the User Contributions do not violate these Terms or the rights of any third party, and will not cause injury to any person or entity.
- Any User Contribution that you upload or post will be considered non-confidential and non-proprietary, and you grant Fortune Mine a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contribution throughout the world in any media.
- You understand that your User Contributions may be copied by other of the Games’ users and discussed on and outside of the Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Fortune Mine takes no responsibility and assumes no liability for any content posted by you or any third party to the Services and/or Games any User Contributions. Fortune Mine has the right (but not the obligation) to monitor and edit or remove any User Contributions, and has the right to terminate your access to all or part of the Services and terminate your Account for any or no reason, including without limitation, any violation of these Terms.
Breach of any of these rules or of any other prohibitions contained in these Terms may subject you to suspension or termination of your Account and right to use the Services, in whole or in part, including by limiting or revoking your rights to use certain features within the Services, in Fortune Mine’s sole discretion, and may subject you to civil or criminal penalties.
6. Intellectual Property and Licenses
Fortune Mine retains any and all rights in the Services (including applications, software, computer codes, themes, objects, characters, character names, animations, stories, concepts, designs, graphics, content, materials, texts, information, pictures, logos, video, recording, games, titles, sound, music, audio-visual effects, methods of operations, moral rights, documentations, character profile information and other files, and their selection and arrangement) (collectively, "Games Content"), and all intellectual property rights or other proprietary rights in connection therein and the foregoing together with any and all upgrades, updates, enhancements, improvements, modifications and derivative works are owned, controlled and licensed by Fortune Mine. The Services and all Games Content are protected by applicable copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights.
In order to enhance our Games’ environment and our Users’ experience, our Games may contain non-human game characters and/or agents that are controlled by a computer. Subject to your agreement and compliance with these Terms, Fortune Mine grants you a personal, non-exclusive, non-transferable, non-sublicensable, non-assignable, revocable, limited scope license to use the Services and Games Content solely as part of the Games, through a supported web browser or mobile device, only for your own, private, non-commercial entertainment purposes and for no other purpose whatever and only pursuant to these Terms, any other rules or terms published by Fortune Mine from time to time on its website or mobile application and applicable laws. If you violate or if, at any point, you do not agree with any of these Terms, your license to use the Services will be immediately revoked, and you will immediately stop using the Services. If the Services or any part thereof is determined to be illegal under the laws of the country in which you reside, this license shall be treated as null and void, and you must refrain from using the Services.
These Terms convey only a limited revocable right to use the Services in accordance with these Terms. You shall not, nor shall you cause any other party to, modify, decompile, disassemble, reverse engineer, copy, transfer, create derivative works from, rent, sub-license, distribute, reproduce framed, republish, scrape, download, display, transmit, post, lease or sell in any form or by any means, in whole or in part, use for any purpose other than for using the Services pursuant to these Terms or otherwise exploit any of the Games Content without Fortune Mine’s explicit, prior written permission.
7. User Feedback and Your License to Us
It is understood that you may, at your sole discretion, provide Fortune Mine with suggestions, comments or feedback with respect to the Services (collectively, "Feedback"). You represent that you are free to do so and that you shall not provide Fortune Mine with Feedback that infringes upon third parties’ intellectual property rights. You further acknowledge that notwithstanding anything herein to the contrary, any and all rights, including intellectual property rights in such Feedback, shall belong exclusively to us. It is further understood that use of Feedback, if any, may be made by Fortune Mine at its sole discretion, and that Fortune Mine in no way shall be obliged to make use of any kind of the Feedback or part thereof. Furthermore, you warrant that your Feedback is not subject to any license terms that would purport to require Fortune Mine to comply with any additional obligations with respect to any Fortune Mine current or future products, technologies or services that incorporate any Feedback.
8. Suspension and Termination of Use
IN THE EVENT THAT WE SUSPECT THAT YOU HAVE VIOLATED OR MAY VIOLATE ANY OF THESE TERMS, ANY PLATFORM TERMS, ANY OTHER TERMS FORTUNE MINE PUBLISHES WITHIN THE SERVICES OR ANY APPLICABLE LAW, OR THAT YOUR ACCOUNT HAS BEEN USED OR MAY BE USED IN SUCH A WAY, OR AS OTHERWISE DETERMINED BY US IN OUR SOLE DISCRETION, THEN WITHOUT DEROGATING FROM ANY REMEDY WHICH WE OR ANY OTHER PARTY (SUCH AS THE PLATFORM) MAY HAVE IN CONNECTION WITH THE FOREGOING, WE MAY, IN OUR SOLE DISCRETION, IMMEDIATELY (WITHOUT NOTICE) TERMINATE, LIMIT, SUSPEND OR DELETE YOUR ACCOUNT AND YOUR ACCESS TO THE SERVICES, IN WHOLE OR IN PART (INCLUDING BY LIMITING OR REVOKING YOUR RIGHTS OR ACCESS TO CERTAIN, GAMES, GAMES CONTENT OR ANY FEATURE OR FUNCTIONALITY THEREIN). IN SUCH EVENT, YOU WILL FORFEIT ANY CONTINUING RIGHT OR LICENSE TO USE ANY GAMES CONTENT, INCLUDING ANY VIRTUAL ITEM, AND WE ARE UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY LOSS OR DAMAGE OF ANY KIND THAT YOU OR ANY OTHER PARTY MAY ALLEGE IN CONNECTION WITH SUCH ACTION. If you have more than one Account, Fortune Mine may terminate all of your Accounts.
We reserve the right to terminate an Account that has been inactive for at least 365 consecutive days. You will not receive money or other compensation for Games Content (including Virtual Items) associated with your Account when it is closed, deleted or otherwise terminated, regardless of whether such action was voluntary or involuntary.
Fortune Mine further reserves the right, at its sole discretion, to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Services (or any part thereof including any feature or functionality available in the Service), at any time and without providing any prior notice.
In the event that Fortune Mine terminates your Account, you may not use or access the Services again without Fortune Mine’s express permission. Fortune Mine reserves the right to refuse Accounts for, and to provide access to the Services or other services to, any individual without being obliged to express any reason. You may not allow individuals whose Accounts have been terminated by us to use your Account. If you believe that any action has been taken against your Account in error, please contact us at: [email protected].
9. Disclaimers of Warranties
YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE TO ENSURE THAT YOUR USE OF THE SERVICES IN THE JURISDICTION WHERE YOU RESIDE IS PERMITTED PURSUANT TO ALL LOCAL LAWS AND REGULATIONS. FORTUNE MINE SHALL NOT BE LIABLE FOR ANY LOSSES TO BE INCURRED DUE TO THE USE OF THE SERVICES BY A USER OR ANY THIRD PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GAMES ARE PROVIDED "AS IS". FORTUNE MINE, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND THE USE THEREOF, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, USEFULNESS, AUTHORITY, ACCURACY, COMPLETENESS, AND TIMELINESS. FORTUNE MINE (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT ANY GAME: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
Fortune Mine makes no warranties or representations about the accuracy or completeness of the content of the Services, of the content of any sites linked to the Services and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatever, resulting from your access to and use of the Services; (iii) any unauthorized access to or use of Fortune Mine’s secure servers or any and all personal information or financial information stored therein (to the maximum extent permitted by applicable law); (iv) any interruption or cessation of transmission to or from the Services; (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Services by any third party; (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services; or (vii) any errors, failures or delays in computer transmissions or network connections on account of your access to or use of the Services.
In case of a malfunction or disruption of the Services that prevents you from completing a Game in which you have begun to participate, we may allow users to participate again in a Game until the participation is complete. We reserve the right to determine, in our sole discretion, whether to offer any such remedy in the event of malfunction or disruption. We also reserve the right to limit your Game, play or terminate your participation in the Services should we determine, in our sole discretion, that you have intentionally caused such a malfunction or disruption. We are not liable for any lost opportunity or other alleged losses from any unfinished Game. The Games do not replicate the odds of winning or the payouts of similar Games found in casinos.
10. California (USA) Release
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WHATEVER WILL WE OR OUR AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY OTHER ENTITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY LEGAL THEORY, WHETHER CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS AND LOST BUSINESS OPPORTUNITIES, BUSINESS INTERRUPTION, LOST REVENUE, INCOME, GOODWILL, USE OF DATA OR OTHER INTANGIBLE LOSSES, IN EACH CASE THAT RESULT FROM OR RELATE IN ANY MANNER TO YOUR USE OF THE SERVICES OR ANY OTHER ACT OR OMISSION BY US.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL FORTUNE MINE, ITS AFFILIATES, SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS, SUBCONTRACTORS AND SUPPLIERS, BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO FORTUNE MINE IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID FORTUNE MINE ANY AMOUNTS IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH FORTUNE MINE IS TO STOP USING THE SERVICES AND TO CANCEL YOUR ACCOUNT.
YOU RECOGNIZE AND AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE MATERIAL AND BARGAINED-FOR BASES OF THESE TERMS AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN THE DECISION BY YOU TO ENTER INTO THESE TERMS.
Depending on where you reside and use the Services, some of the limitations contained in this Section may not be permissible. In such case, they will not apply to you, solely to the extent so prohibited.
You agree to indemnify and hold Fortune Mine, and each of its affiliates, subsidiaries, partners, officers, directors, employees, shareholders, agents, licensors, subcontractors and suppliers, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of or in connection with:
(i) Your use or misuse of and access to the Services;
(ii) Your violation of any term of these Terms;
(iii) Your breach of the representations, warranties and covenants made herein;
(iv) Your violation of any third-party right, including any copyright, property, or privacy right; and
(v) Any claim that an action by you in connection with the Services has caused damage to a third party.
14. Governing Law and Dispute Resolution
These Terms will be interpreted in accordance with the laws of the Turkish Republic without regard to conflict- or choice-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded. By agreeing to these Terms, you and Fortune Mine agree that any and all past, present and future disputes, claims or causes of action between you and Fortune Mine arising out of or relating to these Terms, the Services, the formation of these Terms or any other dispute between you and Fortune Mine whether arising prior to or after your agreement to this Section will be finally settled by İstanbul Central (Çağlayan) courts of Turkey. Both you and Fortune Mine consent to venue and personal jurisdiction there.
Informal Dispute Resolution. Fortune Mine wants to address your concerns without the need for a formal legal dispute. Before filing a claim against Fortune Mine, you agree to try to resolve the Dispute informally by contacting [email protected] first. Similarly, if you have provided an e-mail address to us as part of your Account registration, Fortune Mine agrees to do the same. If a dispute is not resolved within 30 days after the e-mail noting the Dispute is sent, you or Fortune Mine may initiate a proceeding as described above.
15. Third Party Sites and Advertising
We may offer, from time to time, limited-time promotions, contests, sweepstakes and special offers or promote any features and programs (including offers, excursions and special gifts (both digital and tactile)) to all or to certain eligible Users, as we deem fit ("Offers"), and such Offers shall be governed by our promotion rules located at:, www.fortunemine.com/promotion-rules unless different official rules are provided and published by us for any specific Offer, in addition to these Terms.
We are not required to give, and Users are not required to accept, any Offer. Offers are not transferable, redeemable or exchangeable for other things of value, except at our sole discretion. If you accept any Offer, you may have to sign a declaration of eligibility and liability release, or sign other paperwork in order to get the Offer. Some Offers will be subject to taxes and other charges, travel or activities outside of the virtual world, all of which will be disclosed before you accept the offer. If you accept an Offer, you also assume all liability associated with the Offer. Sometimes, we may request your feedback on certain features through a promotion or otherwise. Any feedback you provide at our request through a promotion or program is subject to the rules of the specific promotion or program.
You hereby agree and acknowledge that the acceptance of any Offer or participation in any promotion constitutes your consent that we use your name, likeness, photograph, voice, opinions, hometown, state or province for our purposes, in our sole discretion in any media, worldwide, without further payment or consideration.
17. Revisions to these Terms
We reserve the right, at our sole discretion, to revise or modify these Terms at any time, and you agree to be bound by such revisions or modifications. Users are responsible for viewing these Terms periodically. We will note the date last revised at the top of the Terms. Your continued use of the Services after a change or modification of these Terms has been made will constitute your acceptance of the revised Terms.
(a) Parties’ Intent. If any provision hereof is adjudged by any arbitrator or court of competent jurisdiction to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect while most nearly adhering to the intent expressed herein.
(b) Rules of Construction. These Terms shall be construed as follows: (i) "includes", "including" and cognates thereof shall be understood to mean "includes without limitation" or "including without limitation"; (ii) unless the context demands otherwise, the word "or" shall have the inclusive meaning identified with the phrase "and/or"; (iii) Section and other headings contained in these Terms are for reference purposes only and shall not affect in any way the meaning or interpretation of these Terms; and (iv) any reference made in these Terms to a statute or statutory provision shall include any amendments or successors thereto as in effect at the time the particular provision of the Terms is to be given effect, along with any then-applicable rules or regulations promulgated thereunder.
(c) Waiver. Any failure to enforce any rights granted hereunder or to take action in the event of any breach of these Terms shall not be deemed a waiver by the non-breaching party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. All waivers must be in writing, and any waiver or failure to enforce any provision of these Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
(d) Entire Agreement; Assignment; Novation. These Terms are the entire agreement between you and Fortune Mine regarding the subject matter herein. You agree that Fortune Mine may assign or novate these Terms, in whole or in part, in its sole discretion and that you are not entitled to assign or otherwise transfer these Terms, or any of your rights or obligations thereunder, to any third party without the prior written consent of Fortune Mine. Any unauthorized assignment will be void and of no force or effect.
(e) Survival. You agree that the provisions of the following Sections shall survive termination of these Terms or termination of your Account, for any reason whatever: Intellectual Property and Licenses; User Feedback and Your License to Us; Disclaimers of Warranties; Limitation of Liability; Indemnity; Governing Law and Dispute resolution; and General.
(f) Governing language. The original and controlling version of these Terms shall be the English language version. All translations of these Terms into other languages shall be solely for convenience and shall not control the meaning or application of these Terms.
(g) Information, Support or Questions. For information, support or questions, please contact us at: [email protected].