Terms of Service

Effective Date:  21.02.2024

The terms of this agreement (the “Terms of Service”) are between you and D-TECH BİLGİ TEKNOLOJİLERİ YAZILIM ANONİM ŞİRKET (hereinafter referred to as “D-TECH“ or “D-TECH” or “Service Terms”), a Turkish company with its registered office at Cumhuriyet Mah. 38. No 2 Apartment 12, 55200 Samsun, Turkey (trade ID 6222199168) D-TECH BİLGİ TEKNOLOJİLERİ YAZILIM ANONİM ŞİRKET (hereinafter referred to as “D-TECH” or “We”), a Turkish company with its registered office at Cumhuriyet Mah. 38. Sk. 38. Sk. 12, 55200 Samsun, Turkey, governs the relationship between you and D-TECH regarding your use of D-TECH‘s games, store, sites and related services (the “Service”). Use of the Service is also governed by D-TECH‘s Privacy Policy and other related policies, which are incorporated by reference into this document.

Before accessing or using the Service, including browsing any D-TECH web page or accessing a game, you must agree to the Terms of Service and Privacy Policy. For use of the Service, a guest account may be created on your behalf or you may be required to register with an account within the Service (both referred to as an “Account”). These Accounts include, for example, gaming Accounts and MOOXER ID. By using or creating an Account, by using the Service in any way, you confirm that you are of the legal age of majority in your country of residence. If you are a minor, your legal guardian must review and agree to these Terms of Service.

BY UPLOADING, USING OR ACCESSING THE SERVICE IN ANY WAY, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT UPLOAD, USE OR ACCESS THE SERVICE IN ANY WAY. USE OF THE SERVICE IS NULL AND VOID WHERE PROHIBITED.

IMPORTANT NOTICE: For U.S. and Canadian residents, you further agree that any disputes with D-TECH must be resolved individually through the final and binding arbitration set forth in Section 8 (“Dispute Resolution”).

D-TECH may modify, slightly change, or add or delete portions of these Terms of Service, the Privacy Policy, and other applicable D-TECH policies at any time in its sole discretion by posting such modified terms on the Service. Your continued use of the Service constitutes your acceptance of these changes. If at any time you do not agree with any part of the then-current version of our Terms of Service, D-TECH Privacy Policy, or any other D-TECH policy, rule or guideline relating to your use of the Service, your right to use the Service immediately terminates and you must immediately cease using the Service.

1.Use of Service

1.1 Your Right to Use the Service

You have a non-exclusive, non-transferable, non-sublicensable, non-sublicensable, revocable and limited right to access and use the Service for your own non-commercial entertainment purposes, provided that you accept and continue to comply with these Terms of Service and all other applicable D-TECH policies. You agree not to use the Service for any other purpose.

The following restrictions apply to the use of the service:

  • You accept full responsibility for any unauthorized use of the Service by minors. You are responsible for any use of your credit card or other payment instruments (such as Paypal) by minors.
  • You will not buy, sell, rent, or donate your Account, create an Account (or attempt to do so) using false identification or information or on behalf of anyone other than yourself; use the Service if you have previously been removed from D-TECH or banned from playing any D-TECH game.
  • You will not use the Service to advertise or solicit commercial advertising or to transmit any form of commercial advertising, such as chain letters, junk or spam e-mail, or repetitive or misleading messages.
Login Information and Your Account

You may be asked to choose a password for your Account or you may use other credentials to access the Account (“Login Information”). You will not share Account and Login Information with anyone else, nor will you allow anyone else to access your Account or do anything that could compromise the security of your Account. If you become aware of or reasonably suspect a breach of security, including, without limitation, loss, theft or unauthorized disclosure of Login Information, you must notify D-TECH immediately and change your Login Information. You are solely responsible for maintaining the confidentiality of your Login Information and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for everything that happens through your Account.

D-TECH reserves the right to remove or reclaim usernames for any reason and at any time, including, but not limited to, third party claims that such username violates the rights of that third party.

The Service supports only one Account per game on a supported device unless you use your MOOXER  ID.

MOOXER ID

MOOXER ID is a service that allows you to protect your game account and easily use your D-TECH game accounts on all your mobile devices. It is not possible to disconnect your game account from MOOXER ID after registering with MOOXER  ID, as we need to protect the security and privacy of your account. If you have any questions about MOOXER  ID, you can contact us through the support options available in all D-TECH games.

Use Limitations

Any use of the Service in violation of these Limitations of Use is strictly prohibited, may result in the immediate revocation of your limited right, and may subject you to liability for breaking the law.

You agree not to do the following under any circumstances:

To engage in any activity that D-TECH deems inconsistent with the spirit or intent of the Service, or to use D-TECH‘s support services inappropriately.

  • Using or engaging (directly or indirectly) in the use of cheats, maneuvers, automation software, emulator software, bots (software that modifies), hacks (software that manipulates the system), mods (software that modifies the video game) or any third party software designed to modify or interfere with the Service, any D-TECH Game or the D-TECH gaming experience.
  • modify or have modified any file that forms part of the Service or any D-TECH game without the express written consent of D-TECH.
  • Disrupt, overload, or assist in disrupting or overloading any computer or server used to provide or support the Service or any D-TECH gaming environment. Disrupt, interfere with, or otherwise adversely affect the normal flow of the Service or otherwise conduct yourself in a manner that may adversely affect the experience of other users when using the Service or playing D-TECH games.
  • Disrupt, overload, or assist in disrupting or overloading any computer or server used to deliver or support the Service or any D-TECH gaming environment.
  • Organizing, assisting or participating in any type of attack, including, but not limited to, spreading viruses, a denial of service attack (DoS attack), or any other attempt to disrupt the Service or any other person’s use or enjoyment of the Service.
  • attempting to gain unauthorized access to the Service, Accounts registered to and used by others, or computers, Servers, or networks connected to the Service by any means other than through the user interface provided by D-TECH, including, but not limited to, disabling or modifying or attempting to disable or modify any security, technology, device, or software that is part of the Service, or encouraging or assisting another person to do so.
  • Perpetually engaging in ongoing disruptive behavior, such as posting abusive, threatening, obscene, defamatory, libelous, or racially, sexist, sexist, religiously, or otherwise inappropriate or derogatory information, or repeatedly posting unsolicited information.
  • Posting information that contains nudity, extreme violence and degrading content or links to such content.
  • Harassing, mistreating, or harming, or attempting to harass, mistreat, or harm another person or group, including D-TECH employees, including D-TECH‘s customer service representatives, or advocating or inciting or attempting to advocate the harassment, mistreatment, or harm of another person or group.
  • Providing through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or any other right of any person or entity, or impersonating any other person, including but not limited to an employee of D-TECH.
  • reverse engineer, reverse engineer, decompile, disassemble, disassemble, decipher, or attempt to obtain the source code of any underlying software or other intellectual property used to provide the Service or any D-TECH game, or obtain any information from the Service or any D-TECH game in a manner not expressly authorized by D-TECH.
  • Soliciting or attempting to obtain account information, password, other login credentials or personal information from other users of the Service or any D-TECH game.
  • Collect or post on the Service any person’s private information, including personally identifiable information (whether in the form of text, images or video), identification documents or financial information.
  • Using any D-TECH game for any form of gambling, wagering, or similar activity in which a prize or return may be won, including betting on the outcome of competitions in which you participate as a player, whether paid or prize-winning.
  • Using the Service in violation of any export control, anti-money laundering rule, economic sanction, or similar law or regulation, including but not limited to those imposed by the United States and/or the European Union.

D-TECH reserves the right to determine what conduct violates the rules of use or would otherwise be considered outside the spirit or intent of these Terms of Service or the Service itself. D-TECH reserves the right to take action as a result, which may include termination of your Account and a total or partial ban from using the Service.

1.2. Suspension and Termination of Account and Service

(i) IF YOU DO NOT COMPLY WITH THESE TERMS OF SERVICE OR (ii) IF D-TECH BECOMES SUSPECTED THAT YOU ARE NOT COMPLYING OR IF THERE IS ANY ACTUAL ILLEGAL OR IMPROPER USE OF THE SERVICE OR SUSPICION THEREOF, D-TECH, WITHOUT LIMITING OTHER REMEDIES AND WITH OR WITHOUT NOTICE TO YOU, LIMIT, SUSPEND, TERMINATE, MODIFY OR CANCEL ACCOUNTS OR ACCESS TO THE SERVICES OR PORTIONS THEREOF. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION, YOU MAY LOSE YOUR USERNAME AND IDENTITY ON THE SERVICE, AS WELL AS ALL OF YOUR BENEFITS, PRIVILEGES, AND INTERESTS RELATED TO YOUR USE OF THE SERVICE, YOU MAY LOSE VIRTUAL GOODS EARNED AND PURCHASED, AND D-TECH SHALL HAVE NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSS OR CONSEQUENCES.

WE MAY LIMIT THE SERVICE AND ACCOUNTS OR PORTIONS THEREOF, WITHOUT LIMITING ANY OTHER REMEDIES AVAILABLE TO US, IF WE BELIEVE THAT THEY CREATE RISKS OR POTENTIAL LEGAL LIABILITY BY INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES OR OTHERWISE ACTING INCONSISTENTLY WITH THE LETTER AND SPIRIT OF OUR TERMS OR POLICIES, SUSPEND, TERMINATE, PROHIBIT ACCESS TO OUR GAMES AND SITES AND THEIR CONTENT, SERVICES AND TOOLS, WE MAY DELAY OR REMOVE HOSTED CONTENT AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE. WE MAY ALSO, UNDER APPROPRIATE CIRCUMSTANCES AND IN OUR OWN DISCRETION, SUSPEND OR TERMINATE THE ACCOUNTS OF USERS WHO MAY BE VIOLATING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES MORE THAN ONCE.

D-TECH RESERVES THE RIGHT TO TERMINATE ANY ACCOUNT THAT IS NOT PROCESSED FOR 180 DAYS.

D-TECH reserves the right to discontinue offering and/or supporting the Service or a particular game or part of the Service at any time, and your right to use the Service or part of it will automatically terminate at that point. In such event, D-TECH will not be required to provide refunds, benefits or other compensation to users in connection with the discontinuation of the Services. Account termination may also include disabling your access to the Service or any part thereof, including any content you have submitted or others have submitted.

You may terminate your Account at any time and for any reason by notifying D-TECH that you wish to terminate your Account by following the process described on the page at Data Protection.

2. Property

2.1. Games and Service

All rights, title and interest in and to the Services (including, but not limited to, all games, names, computer code, themes, objects, characters, character names, stories, dialog, slogans, concepts, illustrations, animations, sounds, compositions, audiovisual effects, methods of operation, moral rights, documentation, recordings of conversations during gameplay, character profile information, recordings of games played using the D-TECH game client, and D-TECH game client and server software) belong to D-TECH. D-TECH reserves all rights, including, without limitation, all intellectual property rights and other proprietary rights, in and to its games and the Service.

2.2. Accounts

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU WILL HAVE NO OWNERSHIP RIGHTS IN THE ACCOUNT AND NO OTHER PROPRIETARY INTEREST IN THE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE THAT ALL RIGHTS IN THE ACCOUNT ARE AND WILL FOREVER BE OWNED BY D-TECH AND WILL INURE TO THE BENEFIT OF D-TECH.

2.3. Virtual Content

D-TECH owns and has licensed all ownership and other usage rights in and to all content appearing on the Service and in D-TECH games. You agree that, notwithstanding anything to the contrary contained herein, you have no right or title to any content appearing on the Service, including, without limitation, virtual goods, content, features, properties, goods, services or money earned in the game or purchased from D-TECH, appearing in or resulting from any D-TECH game, or any other attributes associated with an account or stored on the Service.

3. User Content

3.1. Submitting User Content

“User Content” means communications, images, sounds and all materials, data and information, including, without limitation, chat text, that you upload or transmit, or that others upload or transmit, through a D-TECH game client or the Service. By transmitting or submitting any User Content while using the Service, you represent that the transmission or submission (a) is accurate and not confidential or misleading; (b) does not violate any laws, contractual restrictions, or other rights of third parties; and that you have the permission of all third parties whose personal information or intellectual property is disclosed in the User Content; (c) is free of viruses, ad-supported software, spyware, worms or other malicious code; and (d) you acknowledge and agree that all of your personal information in such content will be processed by D-TECH in accordance with its Privacy Policy at all times.

3.1.1. Content Scan

D-TECH assumes no responsibility for the conduct of any user submitting User Content and for monitoring the Service to identify inappropriate content and conduct. We do not and cannot pre-screen, scan or monitor all User Content. You use the Service at your own risk. By using the Service, you may be exposed to User Content that is offensive, indecent or in any way not in accordance with your expectations. You bear all risks associated with the use of any User Content submitted in connection with the Service. Our agents or technology may, at our discretion, monitor and/or record your interaction or communication with the Service (including, without limitation, chat text) while you are using the Service.

By entering into these Terms of Service, you irrevocably consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy with respect to the transmission of User Content, including, without limitation, written and audio communications.

D-TECH reserves the right, in its sole discretion, to review, monitor, prohibit, ban, edit, edit, delete, block access to, or otherwise make unavailable any User Content at any time for any or no reason. If D-TECH, at any time and in its sole discretion, chooses to monitor the Service, it nevertheless assumes no responsibility for User Content and no obligation to modify or remove any inappropriate User Content. We have the right, but not the obligation, to edit, post or remove any User Content in our sole discretion.

3.2. Use of Information by Other Members of the Service
3.2.1. Public Discussion

The Service includes various forums, blogs (weblogs) and chat features where you can post User Content, including your observations and comments on certain topics. D-TECH cannot guarantee that the ideas and information you post will not be used by other members. Therefore, if you have an idea or information that you wish to keep confidential and/or do not want others to use, do not post it on the Service. D-TECH will have no responsibility to evaluate, use or pay you for any ideas or information you may choose to submit.

3.2.2. Being Responsible for Your Own Content

You are solely responsible for the information you post and provide to others on, through or in connection with the Service. D-TECH may reject, refuse to post, or delete any User Content, including, without limitation, any User Content that D-TECH believes, in its sole judgment, violates the Terms of Service.

3.2.3. Your License to D-TECH

Hereby grants D-TECH the right to copy, reproduce, adapt, manufacture, commercialize, print, distribute, sell, license, transfer, publicly display, publicly perform, publicly perform, publish, transmit to the public by telecommunication, exhibit, reproduce, adapt, manufacture, commercialize, print, distribute, sell, license, transfer, publicly display, publicly perform, publicly broadcast, telecommunicate to the public, exhibit your User Content, as well as any modified form and derivative works related to the provision of the Service, including the marketing and promotion of the Service, You hereby grant to D-TECH an irrevocable, perpetual, transferable, fully paid, royalty-free, worldwide license (including the right to sublicense and assign to a third party) and right to perform, store in computer memory and use and perform in any manner, create derivative works thereof, sublicense and display the same, and provide electronic access thereto. You also hereby grant D-TECH the right to authorize third parties to exercise the rights granted to it by these Terms of Service, whichever is applicable. You also hereby grant D-TECH the unconditional, irrevocable right to use and exploit your name, likeness, and all other information and materials contained in and related to any User Content without any liability to you. Unless prohibited by law, you waive any and all rights of attribution and/or moral rights you may have in such User Content, regardless of whether your User Content has been altered or modified in any way. D-TECH does not claim any ownership rights in your User Content, and nothing in these Terms of Service is intended to restrict any of your rights to use or enjoy your User Content. D-TECH has no obligation to monitor and enforce your intellectual property rights in Your User Content.

3.3.User Interactions

You are solely responsible for your interactions with other users of the Service and any other parties with whom you interact through the Service and/or D-TECH games. D-TECH reserves the right, but has no obligation, to become involved in these disputes in any way. You will fully cooperate with D-TECH in the investigation of any suspected illegal, fraudulent or improper activity, including, without limitation, granting access to all password-protected portions of your Account.

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

4. Fees and Purchase Terms

4.1.Acquisitions

With “real” money, you may receive a limited, personal, non-transferable, non-assignable, non-sublicensable, D-TECH revocable right to use (a) “virtual currency”, including, without limitation, virtual cash or diamonds, all for use in D-TECH games; (b) virtual in-game products, content or features; and (c) other goods or services (items a – c together, “Virtual Goods”). You may only purchase Virtual Goods through the Service, from us or our authorized partners; you are prohibited from purchasing them through any other means.

You expressly agree that we will commence performance of the purchase agreement for the Virtual Products or any other digital content prior to the expiration of the statutory withdrawal period established by applicable law. You expressly agree in advance that the purchased content will be delivered to you before the expiration of the withdrawal period and that you therefore lose your statutory right of withdrawal.

D-TECH may manage, edit, control, modify or remove Virtual Products with or without notice. To the extent permitted by applicable law, D-TECH shall have no liability to you or any third party if D-TECH exercises any of these rights.

The transfer of Virtual Products is prohibited unless expressly authorized in the Service. Except as expressly authorized in the Service, you shall not sell, purchase from a third party, trade, exchange, or in any way transfer Virtual Products to D-TECH, another user, or any third party, or attempt to do any of the foregoing, including, without limitation, to sell, purchase, exchange, or in any way transfer Virtual Products to D-TECH, another user, or any third party, except as expressly authorized in the Service.

All VIRTUAL PRODUCT PURCHASE AND USE TRANSACTIONS MADE THROUGH THE SERVICE ARE FINAL AND CANNOT BE REFUNDED UNLESS REQUIRED BY APPLICABLE LAW. For more information about purchases made by minors, please see our Parents Guide.

The provision of Virtual Goods for use in D-TECH games is a service provided by D-TECH immediately upon acceptance of your purchase by D-TECH.

4.2. Payment of Wages

You agree to pay all fees and applicable taxes imposed on you or any person using an Account registered to you. D-TECH may change the price of Virtual Goods offered through the Service at any time. YOU AGREE THAT D-TECH IS NOT REQUIRED TO MAKE REFUNDS FOR ANY REASON FOR VIRTUAL PRODUCTS THAT HAVE NOT YET BEEN USED WHEN AN ACCOUNT IS CLOSED, WILLINGLY OR UNWILLINGLY, AND YOU WILL NOT RECEIVE ANY COMPENSATION FOR THEM.

5. Service Updates

You understand that the Service is a slowly evolving thing. D-TECH may require you to accept updates to the Service and any D-TECH games that you install on your device or computer. You acknowledge and agree that D-TECH may update the Service and D-TECH games with or without notice to you. You may be required to update third party software from time to time in order to receive the Service and play D-TECH games.

6. Denial of Warranty Liability

THE SERVICE SHALL BE PROVIDED FOR YOUR USE IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE TERMS AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND OWNERSHIP, WITHOUT LIMITING D-TECH‘S LIABILITY UNDER CLAUSE 7 BELOW, PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE ABSENCE OF INFRINGEMENT AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MATTERS TO BE DETERMINED BY INTERPRETATION BASED ON PAST PRACTICE BETWEEN THE PARTIES OR CUSTOMARY COMMERCIAL PRACTICE. D-TECH DISCLAIMS THAT YOU WILL BE ABLE TO ACCESS AND USE THE SERVICE AT THE TIMES AND PLACES OF YOUR CHOICE; THAT THE SERVICE WILL BE FAULT-FREE AND ERROR-FREE; THAT ERRORS WILL BE CORRECTED; OR THAT THE GAME OR SERVICE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above disclaimers may not apply to you.

7. Limitation of Liability; Sole and Exclusive Remedy; Compensation

D-TECH SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE TERMS OF SERVICE OR THE SERVICE ITSELF, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT D-TECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, D-TECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES OR COMPENSATION, INCLUDING, WITHOUT LIMITATION, LOST REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE DAMAGES (PROVIDED, HOWEVER, THAT SUCH DAMAGES ARE SUBJECT TO APPROPRIATE CONDITIONS). D-TECH WILL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT OF ANY PAYMENT YOU MAKE TO D-TECH PURSUANT TO THESE TERMS OF SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE YOU FIRST MAKE A CLAIM. IF YOU HAVE NOT MADE ANY PAYMENT TO D-TECH DURING THIS PERIOD, YOU AGREE AND AGREE THAT YOUR ONLY RESORT (AND D-TECH‘S EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH D-TECH IS TO TERMINATE USE OF THE SERVICE AND CANCEL YOUR ACCOUNT.

ESPECIALLY, NOTHING IN THESE TERMS OF SERVICE SHALL IMPACT ANY CONSUMER’S LEGAL RIGHTS OR RELEASE OR LIMIT ANY LIABILITY FOR DEATH OR INJURY ARISING FROM ANY NEGLIGENCE OR ERROR OF D-TECH.

You agree to indemnify, defend and hold harmless D-TECH (and our officers, directors, agents, subsidiaries, joint ventures and employees) from and against any and all claims, demands, damages and other losses, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Service or based on or resulting from your breach of any of these Terms of Service. However, this condition does not apply if the breach is not attributable to your willful or negligent conduct.

8. Dispute Resolution

You and D-TECH agree that the dispute resolution processes described in this agreement will apply to any dispute or claim in connection with these Terms of Service, the Privacy Policy or the Service. Disputes include any claim, including, but not limited to, legal, equitable or statutory claims. Dispute resolution processes will apply even if you discontinue using your Account, delete your Account, or stop using the Service. This also applies to disputes that arose before the agreement was made.

If you are a resident of the United States or Canada, sections 8.1 to 8.6 apply to you. These provisions do not apply to you if you are resident in any other country.

8.1. Informal Dispute Resolution

You must attempt to resolve any dispute directly and informally with D-TECH at least thirty (30) days prior to commencing arbitration. The informal dispute resolution process begins with your written notice of dispute to D-TECH via support@nakeonline.io

8.2. Arbitration Agreement

You and D-TECH agree to resolve any dispute exclusively by final and binding arbitration as follows:

Unless the claim falls within the exceptions described below, you or D-TECH may elect to submit any dispute to final and binding arbitration only. If you or D-TECH brings a claim in court that is arbitrable under this section, either party may ask the court to order the parties to submit the claim to arbitration. The arbitrator has the sole discretion to decide whether any part of this Section 8 (“Dispute Resolution”) is valid or enforceable or applicable to the claim.

All arbitration proceedings will be conducted before a neutral arbitrator. This means that you and D-TECH agree to waive your right to resolve the dispute in court before a judge or jury. Arbitration has different rules than formal litigation. For example, the ability to compel the other side to share information may be more limited than the process called discovery in formal litigation. Once the arbitrator decides the outcome, the decision is final. You or D-TECH can ask the arbitrator to give the decision or award and the reasons for it in writing. Either party may ask the court to confirm or enter the arbitrator’s final decision or award, so that it is the same as a court decision. You and D-TECH generally cannot change the arbitrator’s award through the court, except in very limited circumstances.

8.3. Arbitration Process

The American Arbitration Association (“AAA” American Arbitration Association) will administer the arbitration process. The AAA’s rules and procedures, including the Consumer Arbitration Rules, will be used in the arbitration. However, in the event of a conflict between the Terms of Service and the AAA’s rules and procedures, these Terms of Service will govern. You may go to the AAA website to view the AAA’s Rules or to begin arbitration. If either party decides to commence arbitration, it agrees to serve the other party with a written Request for Arbitration as set forth in the AAA Rules.

Arbitration fees are set by AAA’s Consumer Arbitration Rules. If the arbitrator determines that these fees are excessive, D-TECH will pay them. Each party shall pay its own attorneys’ fees and costs unless the claim processed allows the prevailing party to recover attorneys’ fees and costs, in which case the arbitrator may award such fees and costs in accordance with applicable law. If either party challenges the validity of the award or award in a subsequent proceeding and such challenge is rejected, the rejected party shall pay the opposing party’s costs and attorneys’ fees in connection with the challenge.

The arbitration will take place in San Francisco, California, USA, or in your country or territory of residence.

8.4 Exceptions to Arbitration Agreements

You and D-TECH agree that the arbitration agreement set forth in Section 8.2 does not apply to the following disputes:

  • D-TECH‘s intellectual property claims, such as claims relating to the enforcement, protection or validity of D-TECH‘s copyrights, trademarks, trade dress, domain names, patents, trade secrets or other intellectual property rights.
  • Claims for piracy or tortious interference.
  • Claims that are not statutorily subject to arbitration and to which federal law that would permit arbitration is inapplicable.
  • Claims in the court of first instance.

All disputes not subject to arbitration under these exceptions shall be settled by a court of competent jurisdiction as described in Section 10 (“Settlement of Non-Arbitrable Disputes”).

8.5 Class Action Waiver

You and D-TECH agree that you may only bring individual claims against each other.

This means:

  • You may not sue D-TECH as a class action member and plaintiff in a collective, consolidated or representative action.
  • The arbitrator may not consolidate the claims of any other person with yours in a single action or preside over any class, consolidated or representative arbitration proceedings.
  • The arbitral decision or award in your case will not apply to anyone else and cannot be used to decide other people’s disputes.

If this section (Section 8.5 “Class Action Waiver”) is found to be unenforceable or invalid, then all of Section 8, including Sections 8.1 through 8.6, shall be void.

8.6 Exiting the Arbitration Agreement and Class Action Waiver Provisions

Subject line “OPTING OUT OF ARBITRATION AND CLASS ACTION WAIVER. “You may elect to opt out of the above Arbitration Agreement and No Class Action provisions (Sections 8.1 through 8.5) and not be bound by them by sending a notice of your decision to support@snakeonline.io You must send us this notice within thirty (30) days of your first use of the Service or the availability of this opt-out option, whichever is later. If you do not provide notice within that time, you will be bound to arbitrate any disputes on the terms set forth in these paragraphs. D-TECH will not be subject to these provisions if you opt out of these arbitration awards.

8.7 Alternative and Online Dispute Resolution

If you are a customer residing in the European Union or the European Economic Area, you may use the Online Dispute Resolution Platform offered by the European Commission as an out-of-court alternative to resolve disputes. You can also apply to the consumer disputes board in your place of residence or other relevant out-of-court body as an alternative dispute resolution method.

9. Valid Laws

If you are a resident of the United States or Canada: (1) the United States Federal Arbitration Act (including its procedural provisions) governs the interpretation and enforcement of the arbitration agreement and class action waiver provisions in Section 8; and (2) any dispute arising out of or relating to these Terms of Service, the Privacy Policy or the Service shall be governed in all respects by the laws of the State of California, USA, without regard to its conflict of law provisions.

If you are not a resident of the United States or Canada, you agree that any claim or dispute arising out of or relating to these Terms of Service, the Privacy Policy or the Service shall be governed by the laws of Turkey, without regard to its conflict of law provisions.

10.Place of Settlement of Disputes Not Subject to Arbitration

If you are a resident of the United States or Canada, you agree that any claim or dispute against D-TECH that is not subject to arbitration under Section 8 must be resolved exclusively by a federal or state court located in San Francisco, California. You and D-TECH consent to court and personal jurisdiction in San Francisco, California for all such claims or disputes.

If you are not a resident of the United States or Canada, you agree that any claim or dispute you may have against D-TECH must be resolved exclusively by a court in Samsun, Turkey.

11. Separability

You and D-TECH agree that if any part of these Terms of Service and D-TECH Privacy Policy is held unlawful or unenforceable, in whole or in part, by any court of competent jurisdiction, you agree that such provision will be invalidated in such jurisdiction only to the extent of such invalidity or unenforceability. The validity or enforceability of such portions shall not be affected in any other way or from any other jurisdiction and shall remain unaffected by the other portions of the terms, which shall continue in full force and effect.

12. General Provisions

12.1. Assignment

D-TECH may assign and transfer these Terms of Service and the D-TECH Privacy Policy, in whole or in part, to any person or entity at any time, with or without your consent. You may not assign or transfer any of your rights or obligations under the Terms of Service and Privacy Policy without D-TECH‘s prior written consent, and any assignment or transfer without authorization will be void.

12.2. Additional Policies

D-TECH may publish additional policies regarding certain services, such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Service.

12.3. Complete and Final Form of the Agreement

These Terms of Service and any supplemental policies and any documents expressly incorporated by reference into this document (including the D-TECH Privacy Policy) contain the entire understanding between you and D-TECH and supersede all prior understandings between the parties hereto, whether electronic, oral or written, or based on custom, practice, policy or precedent, between you and us with respect to the Service.

12.4. Non-Waiver

The failure of D-TECH to require or enforce your strict performance of any provision of these Terms of Service or the D-TECH Privacy Policy, or to exercise any right under them, shall not be construed as a waiver or relinquishment by D-TECH of any right to assert or rely on such provision or to exercise any right or remedy under such provision at any other time.

D-TECH‘s waiver of any term, condition or requirement of these Terms of Service or the D-TECH Privacy Policy shall not constitute a waiver of any obligation to comply with such term, condition or requirement in the future.

Except as expressly and specifically provided in these Terms of Service, no representation, approval, waiver, or other act or omission of D-TECH shall be deemed to be a modification of these Terms of Service and shall not be legally binding unless it is documented in writing and manually signed by you and a duly appointed officer of D-TECH.

12.5. Notifications

We may notify you by email or other means of communication at the location in the contact information you provide to us. All notices made or required to be made by you under these Terms of Service or D-TECH Privacy Policy shall be in writing and sent to: D-TECH, :Cumhuriyet Mahallesı 38. Sokak No 2 Daire 12, ilgi: support@snakeonline.io

12.6. Equitable Remedies

You acknowledge that the rights granted to D-TECH and the obligations imposed on D-TECH under these Terms of Service are inherent and irreplaceable, that their loss would cause irreparable harm to D-TECH, and that D-TECH shall be entitled to injunctive or other equitable relief (without the obligation to post any bond or other security or to prove damages) in the event of any breach or anticipated breach by you that cannot be compensated by monetary damages alone.

You irrevocably waive any and all rights to seek injunctive or other equitable relief or to block or restrict the operation of the Service or any D-TECH game, the use of any advertising or other material displayed in connection therewith, or the Service or any content or other material used or displayed through the Service, and you agree to limit your claims to those for monetary damages (if any) limited by Section 7.

12.7. Force Majeure

D-TECH shall not be liable for late performance or non-performance based on causes beyond D-TECH‘s reasonable control, including, but not limited to, acts of God, unforeseen circumstances, and non-performance of obligations hereunder due to causes beyond D-TECH‘s control, such as war, terrorism, social unrest, embargo, acts of civil and military authorities, fire, flood, accident, strike, and shortage of transportation facilities, fuel, energy, labor and materials.

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