Last Updated: August 27, 2020
Please note that Viyatek is not responsible for the actions of Third Parties, the content of their sites, the use of information you provide to them or any services they may offer.
3. Types of Personal Information We Collect and How We Use It
The types of Personal Information we may collect (directly from you or from Third-party sources) and our privacy practices depend on the nature of the relationship you have with Viyatek and the requirements of applicable law. Some of the ways that Viyatek may collect Personal Information include:
Primary goals in collecting information are to provide and improve our Services, to administer your use of the Services and to enable you to enjoy and easily navigate our Services. We endeavor to collect only that information that is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
3.1. Types of Personal Information We Collect
Viyatek collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, and guests (collectively “Individuals”).
3.1.1. Information Collected from Third-parties when Installing and Using the Applications
If you use any of the applications or the Services on connected Third-party applications or connect the Services to any Third-party applications, like Apple, Google, Amazon and/or from Social Networking Sites (“SNS”) such as Facebook, Viyatek may receive certain information about you from the provider of the Third-party application. The information received depends the Third-party application, your privacy settings and, if applicable, your friends' privacy settings on that Third-party application.
When you connect with the Services through an SNS, the information that Viyatek collects may include your first and last name, your SNS user identification number and/or user name, your profile picture or its URL, location, sex, the login e-mail you provided to that Third-party application when you registered with the SNS, age-range (e.g. min 21), locale, language of your application, time zone and the SNS user identification numbers for your friends who are also connected to the Services.
When you use any of the Services or applications on a mobile platform, Viyatek may collect and record certain information such as your unique device ID (persistent/non-persistent), your device operating system, version, model, CPU, amount of RAM and disk space, hardware type, Identifier For Advertising (IDFA), Advertising ID, the version of your operating system ("OS"), your device name, and your location based on your Internet Protocol ("IP") address. This information is useful to Viyatek for troubleshooting and helps Viyatek understand usage trends.
As part of the payment processing through Third Parties, Viyatek does not collect, store and use personally identifiable information, such as your name, address, credit card number, phone number, and your e-mail address. Viyatek does not have access to your credit card or bank account data. However, Third Party payment processors may share non-financial information with us related to your purchases, like the items purchased to fulfill your order.
You can manage the information Viyatek receives about you from a Third-party application on which you use our applications, like Facebook, and you will need to follow the instructions for the Third-party application for changing your privacy settings. You also can manage some aspects of information collection and use by visiting the settings page of your mobile device and reviewing the permissions of each application (app).
3.1.2. Information Collected Directly from You
When you use the services or engage in certain activities, such as Registering for an Account with our applications, responding to surveys, requesting services or information, or contacting us directly, we may ask you to provide some or all of the following types of information.
Registering for an Account. When you create an account in our Services, we may ask you to submit Personal Information such as your name, email address, user name, password and profile information (such as profile photo).
Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, request to receive customer or technical support, or otherwise communicate with us.
User Reviews. From time to time, you may share your comments about our applications and provide certain information that may include Personal Information. All information collected from your participation in such reviews is provided by you voluntarily. We may use such information to improve our products, Sites and/or Services and in any manner consistent with the policies provided herein.
Fan Pages, Forums, and Posting on the Site. Viyatek may offer publicly accessible fan pages, blogs, private messages or community forums. You should be aware that when you disclose information about yourself on Viyatek’ fan pages, blogs, private messages, and community forums, the Site will collect the information you provide in such submissions, including any Personal Information. If you choose to submit content to any public area of the Site, such content will be considered public and will not be subject to the privacy protections set forth herein.
Registration for Contests. Occasionally, Viyatek may run contests. We ask those who enter the contests to provide contact information (e.g., an e-mail address). If you participate in a contest, your contact information may be used to reach you about the contest and for other promotional, marketing and business purposes. All contest entry forms will provide a way for participants to opt out of any communications that are not related to awarding prizes.
3.1.3. Automated Data Collection
We or the Service Providers acting on our behalf, such as Google Analytics, may store log files and use tracking technologies such as Cookies, web beacons and/or tracking pixels.
We may collect certain information automatically by using such technologies through our Services or other methods of web analysis, such as your Internet protocol (IP) address, cookie identifiers, mobile advertising identifiers, your mobile device’s identifiers like your Identifier For Advertising (IDFA), Advertising ID, the type of computer or mobile device you are using, your device's operating system, version, model, hardware type and other device identifiers that are automatically assigned to your computer or device when you access the Internet, browser type and language, hardware type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, the amount of time you spend on each page, information about the links you click and pages you view within the Services and other actions taken through use of the Services such as preferences.
In some cases, we will connect this information with your social network ID, Device ID, or Advertising ID. For more information on the tracking technologies, please refer to Section 3.3.
3.1.4. Information Submitted Via Services
You agree that Viyatek is free to use the content of any communications you submit via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing and/or marketing the Services.
Viyatek will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
3.1.5. Ad Networks
Viyatek may feature advertising within the Services. The advertisers may collect and use information about you such as:
Ad Networks may use this information to provide interest-based or targeted advertisements to you.
3.1.6. Social Media Widgets
The Services includes Social Media Features, such as the Facebook and Twitter button, and Widgets, such as the “Share” button or interactive mini-programs that run on the Services. These features may collect your IP address and which page you are visiting on the Services and may set a cookie to enable the feature to function properly.
3.2. How We Use Your Information
Our primary goals of using the information that we collect and store are to provide a better user experience, provide the Services to you, improve the Services, contact you, conduct marketing and research activities and create reports for internal use. We store information on servers located in the United States via Amazon Web Services and may store information on servers, cloud technologies and equipment in other countries.
We collect, store, use and process Personal Information for a variety of business purposes, including:
3.2.1. Provide Services or Information Requested
Viyatek may use information about you to fulfill requests for Services, including:
3.2.2. Inform You about Our Applications, Products and Services
Viyatek may use Personal Information to provide you with materials about offers, products and Services that may be of interest, including new apps, content or Services. Viyatek may provide you with these materials by in-app offers, push notification, Facebook notification, online or offline marketing or email, as permitted by applicable law, including:
You can opt out at any time from receiving the such materials by clicking on the opt out link provided in all marketing mailings, by turning off notifications from mobile device or SNS settings or by sending an e-mail to email@example.com without incurring any costs.
3.2.3. Send Push Notifications
Viyatek may occasionally use push notifications through Viyatek’ mobile applications to send you updates, and other Services-related notifications that may be important to you. You may at any time opt out from receiving these types of communications by turning them off at the device level through your settings.
3.2.4. Use Anonymous and Aggregated Information
We may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access our Services or other analyses we create.
Anonymized and aggregated information is used for several functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and we may use such information in a number of ways, including research, internal analysis, Analytics and any other legally permissible purposes. We may share this information within Viyatek and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
3.2.5. Provide Services via Mobile Devices
From time to time, we may provide Services that are specifically designed to be compatible and used on mobile devices. We will collect certain information that your mobile device sends when you use such Services, like a device identifier, user settings, location information, mobile carrier and the operating system of your device. Mobile versions of our Applications may require that users log in with an account. In such cases, information about use of mobile versions of our Applications may be associated with accounts.
3.3. Cookies, Pixel Tags, Web Beacons, Analytics Information and Interest-based or Targeted Advertising
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete Cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may also use Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services and to develop website content. This Analytics data are not tied to any Personal Information. The Information generated by Google Analytics about the use, including the current but truncated user's IP address, is transmitted to a Google server in the United States and stored there. Since we have activated IP anonymization, your IP address will be truncated by Google within an European Union member state or a member state of the European Economic Area before transmission in the United States. For more information about Google Analytics, please visit Google Privacy & Terms. You can opt out of Google’s collection and processing of data generated by your use of the Services by going to Google Analytics Opt-out Browser Add-on.
3.3.1. Our uses of such Technologies fall into the following general categories.
Advertising or Targeting-related. We may use first-party or Third-party Cookies and web beacons to deliver content, including ads relevant to your interests, on our sites or on Third Party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that have been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt out of the Technologies we employ on our sites, services, applications or tools, you can do so by blocking, deleting or disabling them as your browser or device permits.
3.3.2. Opting Out of Cookie Tracking
You can set your web browser to warn you about attempts to place Cookies on your computer or limit the type of Cookies you allow. Flash Cookies operate differently than browser Cookies, and cookie management tools available in a web browser may not remove flash Cookies.
Please be advised that if you disable Cookies, you may lose some of the features and functionality of our Services because the Cookies are necessary to track and enhance your user activities.
3.4. Third-party Websites, Social Media Platforms and Software Development Kits
The Site may contain links to other websites, and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and we do not endorse, screen or approve and are not responsible for the privacy practices or content of such other websites or applications. We encourage our users to read the privacy policies of each and every website and application with which they interact. You visit these other websites or applications at your own risk.
Viyatek’ Services may include publicly accessible blogs, community forums or private messaging features. The Site and our other Services may also contain links and interactive features with various social media platforms (e.g., widgets). If you already use these platforms, their Cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information that you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online or that you share in an open forum may be viewed and used by others without any restrictions.
We are unable to control such uses of your information when you interact with a social media platform, and by using such services, you assume the risk that the Personal Information you provided may be viewed and used by Third Parties for any number of purposes.
3.5. Third-party Payment Processing
We may sell Virtual Items or Merchandise through our Services. When you make purchases through the Services, we process your payments through a Third-party application, including the Apple App Store, Google Play App Store, Amazon App Store (together with any similar applications, “App Stores”) and Social Networking Sites (“SNS”) such as Facebook. The Third-party application may collect certain financial information from you to process a payment on behalf of Viyatek, including your name, email address, address and other billing information. App Stores do not share this information they collect from you with us.
4. How We May Disclose Your Information
4.1. Third-party Websites, Social Media Platforms, and Software Development Kits
Service Providers. We may share any information we receive with Service Providers. The types of Service Providers (processors) to whom we entrust Personal Information include Service Providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Services. Viyatek has executed appropriate contracts with the Service Providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. Viyatek may share Personal Information with our Business Partners and affiliates for our and our affiliates’ internal business purposes or to provide you with the Services that you have requested. Viyatek may also provide Personal Information to Business Partners with whom we may jointly offer products or Services. In such cases, our business partner’s name will appear, along with Viyatek. Viyatek requires our affiliates and Business Partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Viyatek provided them.
Displaying to Friends and Other Users. Our Services support you to interact with other users. If you use our applications through a social network or register through a social network (for example, Facebook Connect), your social network friends will see your name, profile photo and descriptions of your application activity. Similarly, other users, regardless of whether they are your social network friends or not, will be able to see descriptions of your application activity, communicate with you within our Services if you use the chat feature of our applications and view your user profile, which may include your name or a “user name” and your profile photo. In certain cases, your profile photo can reveal your social network ID or user ID, and access to a social network ID or user ID may allow others to view the public information associated with your related social network profile or the user account. Also, the content you post may be displayed in the chat feature of the Applications. We are not responsible for privacy practices of the other users who will view and use the posted information.
Marketing - Interest-based or Targeted Advertising and Third-party Marketing. Through our Services, Viyatek may allow Third-party advertising partners to set tracking tools (e.g., Cookies) to collect the following information within our Services:
These advertising partners may use this information (and similar information collected from other websites) to measure how effective ads are for delivering targeted advertisements to you about our applications within their networks. This practice is commonly referred to as “interest-based or targeted advertising.” We may allow access to other data collected by the Services to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you.
Disclosures to Protect Us or Others (e.g., as Required by Law and Similar Disclosures). We may access, preserve, and disclose your Personal Information, other account information and content if we believe doing so is required or appropriate: (i) to comply with law enforcement or national security requests and legal process, such as a court order or subpoena; (ii) to respond to your requests; (iii) to protect yours, ours or others’ rights, property or safety; (iv) to enforce Viyatek' policies or contracts; (v) to collect amounts owed to Viyatek; (vi) when we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation or prosecution of suspected or actual illegal activity; or (vii) if we, in good faith, believe that disclosure is otherwise necessary or advisable.
In addition, from time to time, server logs may be reviewed for security purposes—e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies, so they may identify users in connection with their investigation of the unauthorized activities.
5. International Transfer
All Personal Information collected via or by Viyatek may be stored anywhere in the world, including, but not limited to, in Turkey, the United States, the European Union, in the cloud, on our servers and on the servers of our affiliates or the servers of our Service Providers.
When we transfer your Personal Information internationally, we will take reasonable steps to ensure that it is treated securely, lawfully and in the manner, we describe here. Please note that laws vary from jurisdiction to jurisdiction, so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in may be different from the privacy laws applicable to the place where you are resident.
By providing information to Viyatek, you consent to the storage of your Personal Information in these locations.
If you are using our Services from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to Turkey and the United States and to Processing of your data globally.
6. Opt Out (Right to Restrict Processing)
You have the right to opt out of certain uses and disclosures of your Personal Information. When you have consented to Viyatek’ processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out to further Processing by opening an in-app support ticket or, alternatively, by contacting firstname.lastname@example.org. Even if you opt out, we may still collect and use anonymized, non-Personal Information regarding your activities on our Services.
Please also note that certain records, for example, those relating to payments or customer service matters, will be held for legal and accounting purposes. If you have sent content through or posted content on the Service, we may not be able to delete it.
If you receive an unwanted email from us, you can use the unsubscribe link at the bottom of the email to opt out of receiving future emails. We will process your request within a reasonable time after receipt. Note that you will continue to receive transaction-related emails regarding products or Services you have requested.
Viyatek may occasionally send you push notifications through our mobile applications with updates, notices that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile device. Viyatek may also collect location-based information if you use our mobile applications. You can opt out of this collection by changing the settings on your mobile device.
Cookies and Interest-based or Targeted Advertising
As noted, you may stop or restrict the placement of Cookies on your computer or remove them from your browser by adjusting your web browser preferences. To learn more about and manage flash Cookies, visit the Adobe Website and make changes at the Global Privacy Settings Panel.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our other advertising partners that participate in self-regulatory programs. You can access these and also learn more about targeted advertising and consumer choice and privacy at Network Advertising Initiative Consumer Opt-Out Page or Your Online Choices and Digital Advertising Alliance Opt-Out Page for U.S.-based advertising. You can also choose not to be included in Google Analytics here.
Please note that these opt out tools are provided by Third Parties, and Viyatek does not operate or control these tools or the choices that advertisers and others provide through these tools.
On mobile devices, you can reset the Advertising Identifier (like an IDFA) from your mobile device’s settings page, which will prevent continued use of existing behavioral data tied to the previous Advertising Identifier. Furthermore, depending on the platform provider (such as Apple or Google), you may be able to download apps, such as the Digital Advertising Alliance’s “AppChoices” app, that provide you with control regarding the collection and use of cross-app data for tailored advertising. Like the opt out tools mentioned for web, these opt out tools are provided by Third Parties, and Viyatek does not operate or control these tools or the choices that advertisers and others provide through these tools.
To be clear, whether you are using our opt out or an online industry opt out, these cookie-based opt outs must be performed on each device and browser that you wish to have opted out. For example, if you have opted out on your computer browser, that opt out will not be effective on your mobile device.
7. Rights of Access, Rectification, Erasure, and Restriction
You have the right to request access to and rectification or erasure of Personal Information or restriction of processing, the right to object and the right to data portability.
When otherwise permitted by applicable law, you can open a support ticket within the Applications or, alternatively, send an e-mail to email@example.com to request access to, receive (port), seek rectification or request erasure of Personal Information held about you by Viyatek. Please include your full name, user identifier, the email address associated with your account and a detailed description of your data request. Such requests will be processed in line with applicable laws.
Although Viyatek makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Viyatek is unable to provide access, including but not limited to when the information contains legal privilege, would compromise others’ privacy or other legitimate rights, when the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or when it is commercially proprietary. If Viyatek determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Viyatek will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
8. Data Retention
9. Security of Your Information
The Personal Information that you provide to Viyatek is stored on servers that are located in secured facilities and protected by protocols and procedures designed to ensure industry-standard security of such information, such as firewalls and data encryption. However, no server, computer or communications network or system or data transmission over the Internet can be guaranteed to be 100% secure. As a result, while Viyatek strives to protect your information, Viyatek cannot ensure or warrant the security of any information you transmit to Viyatek or through the Services.
By using the Services or providing Personal Information to us, you agree that we may communicate with you electronically regarding security privacy, and administrative issues related to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an e-mail to you or via push notification.
10. Children’s Privacy
The Services are not directed to children under 13, and Viyatek does not knowingly collect Personally Identifiable Information from children under 13. If you are a parent or legal guardian of a child under the age of 13 (or under 16 in certain jurisdictions in the European Union) who uses our applications, please contact us at firstname.lastname@example.org. We will delete your child’s Personal Information if we are able to identify your child unless you provide us with your verifiable consent for your child to continue to use our applications.
11. Redress/Compliance and Accountability
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. When consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Viyatek will endeavor to comply with the law or contract.
13. California Privacy Rights
California law permits users who are California residents to request and obtain from us, once a year and free of charge, a list of the Third Parties to whom we have disclosed their Personal Information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of Personal Information disclosed to those parties. Viyatek does not share Personal Information with Third Parties for their own marketing purposes.
14. Contact Info of Data Controller
Viyatek Terms of Services
Last Updated: August 27, 2020
The terms of this agreement (“Terms of Services” or “Agreement”) govern the relationship between you and Viyatek, its subsidiaries, parent companies, joint ventures and other corporate entities under common ownership and/or any of their agents, consultants, employees, officers and directors (collectively, “Viyatek”) and applies to your access to and use of www.viyatek.io website and any other mobile applications, websites and/or any services that are made available by Viyatek on the Apple App Store, Google Play App Store, Amazon App Store or on Facebook (collectively, the “Services”).
When you access the Services, you may be required to register an account (“Account”). By registering for an account or by using the Services in any capacity, you represent that you are at least 18 years old and you understand and agree to these Terms of Services. If you are under the age of 18 and at least 13 years old, then you represent that your parents or your legal guardian has reviewed and agreed to these Terms of Services. No one under the age of 13 may use the Services under any circumstances. If you access the Services through a Third-party platform like Apple, Google, Amazon and/or from a Social Networking Site (“SNS”) such as Facebook or Google, you are obligated to comply with the Third Parties’ terms and conditions as well as these Terms of Services.
2. Changes to Terms or Services
3.1. Grant of a Limited License to Use the Services
The Services are available for use only by authorized end users in accordance with the terms and conditions set forth in this Agreement. Viyatek grants limitations provided herein to access and use the Service using a personal computer for the Service or a mobile device for the Apps solely for your individual, non-commercial entertainment purposes. Except as may be expressly permitted by Viyatek, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Service.
3.2. Conditions of License
You acknowledge and agree that you shall not, under any circumstances:
Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Services shall be construed as conferring any license to intellectual property rights.
Viyatek reserves the right to determine whether one's conduct violates this Agreement, including the intent or spirit of the Terms of Services or the Services, at its sole discretion. Viyatek also reserves the right to take any action it deems appropriate as a result, which may include forbidding you access to the Services, terminating your account and/or limiting your access to the Services.
3.3. Login Information and Your Account
To access to the Services, you may need to create a user Account, and you will be required to select a password (“Login Information”). You are responsible for all transactions in your Account, including, but not limited, to the use of your credit card and other payment systems. Thus, Viyatek strongly encourages you to keep your password safe and never to give your Account information to anyone else. If another user you share your Account with makes purchases on your Account with your purchase information, then you will be responsible for that purchase.
3.4. License Term
The term of the licenses granted to you under this Terms of Services shall commence on the date you accept this Terms of Services and install or otherwise use the Services and ends on the earlier date of either your disposal of the license or termination of this Terms of Services by Viyatek.
3.5. Suspension and Termination of Services
Without limitation to any other remedies, Viyatek may delete, suspend, terminate, limit or modify accounts or access to the services or any portions thereof if Viyatek suspects or if you have failed to comply with any of the Terms of Services, for any suspected or actual illegal activity, improper use of the Services, with or without any notice to you. Such actions may result in the loss of your account, information, persona, benefits and in-app purchases. Viyatek is not and will not be held responsible for any information, persona, rankings, benefits and losses incurred, and is under no obligation to compensate you for any of this.
Viyatek may also stop offering and/or supporting the Services, including, but not limited to, any particular application or part of the Services at any time, at which point your license to use the Services or a part thereof will be automatically terminated. In such event, Viyatek shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued or terminated Services. Such actions may also result in termination of your Account, disabling of your access to the Services or any part thereof, including any content that may have or was in the process of being submitted.
4. Ownership and User Content
4.1. Applications and Services
All rights, title and interest in and to the Services (including, without limitation, any applications, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, documentation, in-app chat transcripts, methods of operation, moral rights, character profile information, virtual items, recordings of apps and server software) are owned solely by Viyatek. Viyatek reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights in connection with its applications and the Services.
Notwithstanding any provision to the contrary herein, you also acknowledge and agree that you have no right or title in or to any content that appears in the Services, including without limitation the virtual items appearing or originating in any applications, whether earned in an application or purchased from Viyatek, or any other attributes associated with an Account or stored on the Services.
4.2. User Accounts
Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in the account, and you further acknowledge and agree that all rights in and to the account are and will forever be owned by and inure to the benefit of Viyatek.
4.3. User Content
“User Content” means any communications, images and sounds and all the material, data and information that you upload or transmit through the Services, or that other users upload or transmit, including, without limitation, any forum postings and/or chat text. You hereby grant to Viyatek and its licensors, including, without limitation, its respective successors and assigns, a non-exclusive, perpetual, irrevocable, sub-licensable, transferable, worldwide, paid-up right to reproduce, fix, adapt, modify, translate, reformat, create derivative works from, manufacture, introduce into circulation, publish, distribute, sell, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform or provide access to electronically broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory and use and practice such User Content as well as all modified and derivative works thereof, without compensation to you.
Viyatek will not have any liability or responsibility for any user behavior or for monitoring User Content or inappropriate conduct in the Services. Viyatek does not screen or monitor User Content submitted on the Services. The users of the Services bear all risk associated with its use, including, but not limited to, exposure to offensive and indecent content.
Though it is not obligated to, Viyatek reserves the right in its sole discretion to monitor, prohibit, review, edit, delete and/or disable access to or make unavailable any User Content without notice for any reason or for no reason at any time for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. By accepting the Terms of Services, you hereby provide your irrevocable consent to such monitoring and recording. You acknowledge and agree that you have no expectation of privacy concerning the transmission of any User Content, including, without limitation, chat text or voice communications.
4.4. Public Forums
Viyatek provides fun pages, forums, blogs and chat features in the Services, in which users can post information. Users may post topics of interest, general information, comments and sometimes even personal information in these mediums. You understand that Viyatek is not responsible for any information posted in the Services or whether others will view your information, comments and topics in the same light. Please do not submit, upload, write or transmit any information in the Services you deem to be confidential. Viyatek does not and will not bear any responsibility or liability of the use of any such information. Furthermore, no compensation will be provided for any ideas, schemes or uses of any information provided in these medium.
4.5. User Interactions
You are solely responsible for your interactions with other users of the Services and any other parties with whom you interact through the Services or the applications. Viyatek reserves the right, but has no obligation, to become involved in any way with these disputes. You will fully cooperate with Viyatek to investigate any suspected unlawful, fraudulent or improper activity, including, without limitation, granting Viyatek access to any password-protected portions of your Account.
If you have a dispute with one or more users, you release us (and Viyatek’ officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
5. Fees and Purchase Terms
5.1. Virtual Items
You may purchase with “real world” money a limited, non-transferable, non-sub-licensable, revocable license to use (a) “virtual currency,” including but not limited to virtual cash, in-app coins and all other kinds of in-app monies, all for use in the apps; (b) virtual in-app items (virtual currency and virtual in-app items referred to collectively as “Virtual Items”); and (c) other goods or services (“Merchandise”) within the Services for your personal and non-commercial entertainment. You are only allowed to purchase Virtual Items from Viyatek or its authorized partners through the Services, not in any other way.
You understand that Viyatek has the absolute right to manage, regulate, control, modify or eliminate Virtual Items and may revoke your access to them at any time and for any reason, with or without notice. Viyatek shall have no liability to you or any Third Party in the event that Viyatek exercises any such rights. You have no claim, right, title, proprietary or ownership interest in any of the Virtual Items regardless of any consideration paid for those virtual items.
Except when explicitly authorized by Viyatek, (i) transfers of Virtual Items to other user accounts are strictly prohibited; (ii) outside of the Services, you may not buy or sell any Virtual Items for “real world” money or otherwise exchange items for value; and (iii) Viyatek does not recognize any such purported transfers of Virtual Items or the purported sale, gift or trade in the “real world” of anything that appears in the Services. Any attempt to do any of the foregoing is in violation of these Terms of Services and will result in an automatic termination of your rights to use the Virtual Items and may result in termination of your Account. All Virtual Items are forfeited if your Account is terminated or suspended for any reason, or if Viyatek discontinues providing the Services.
You agree that you will not assert or bring any claim against Viyatek, its affiliates, directors, officers, employees, agents or licensors relating to (i) a claim that you own any Virtual Items; or (ii) a claim for an alleged monetary value of Virtual Items lost upon deletion or suspension of your account or modification, termination or expiration of these terms.
5.2. Fees, Refunds and Return Policy
All sales through the Service are final. You acknowledge and agree that any applicable fees and other charges (including, without limitation, virtual items) are not refundable in whole or in part. You are fully liable for all charges to your account, including any unauthorized charges. Viyatek does not issue any refunds or offer any exchanges of any products purchased on or through the Services.
IN ADDITION TO THE FOREGOING, YOU ACKNOWLEDGE THAT, EXCEPT AS OTHERWISE SET FORTH UNDER APPLICABLE LAW, YOU WILL NOT BE REFUNDED, RECEIVE MONEY, OR BE OTHERWISE COMPENSATED FOR UNUSED VIRTUAL ITEMS OR OTHER APPLICATION ASSETS WHEN THE SERVICES ARE TERMINATED FOR ANY REASON AND WITHOUT NOTICE OR AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Viyatek may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of the applications or any products sold through the Services. The inclusion of any products through the Services at a particular time does not imply or warrant that these products will be available at any other time. All such changes will be effective immediately upon posting of such new product prices to the Services.
6. Updates to the Services
You acknowledge and agree that Viyatek may update the Services and the applications you have installed on your computer or mobile device with or without notifying you.
7. Third-party Services
The Services or/and the applications may include links to Third-party services and/or the Third-party services may be made available to you via the Services or the applications. The Third-party services may include, but are not limited to, app-usage statistics and sharing, social medial connectivity and the like.
You acknowledge and agree that Third-party services are subject to respective Third-party terms and conditions. Please read these Third-party terms and conditions because they constitute an agreement between you and the applicable Third-party service provider.
Viyatek welcomes feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at email@example.com or by posting your Feedback on “Customer Review” within the applications or on the app-store pages. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to Viyatek, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
9. Warranty Disclaimers
WITHOUT LIMITING Viyatek’ LIABILITY UNDER SECTION LIMITATION OF LIABILITY BELOW, THE SERVICEs are PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VIYATEK DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APPLICATION OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
10. Limitation of Liability
To the maximum extent permitted by law, VIYATEK SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OF SERVICES OR THE SERVICES ITSELF, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VIYATEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VIYATEK SHALL NOT BE LIABLE TO YOU FOR MORE THAN THE AMOUNT YOU HAVE PAID TO VIYATEK IN ACCORDANCE WITH THESE TERMS OF SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT A CLAIM. YOU ACKNOWLEDGE AND AGREE THAT IF YOU HAVE NOT PAID ANYTHING TO VIYATEK DURING SUCH TIME PERIOD, YOUR SOLE REMEDY (AND VIYATEK’ EXCLUSIVE LIABILITY) FOR ANY DISPUTE WITH VIYATEK IS TO STOP USING THE SERVICES AND CANCEL YOUR ACCOUNT.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of these disclaimers and limitations may not apply to you. To the extent that Viyatek may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Viyatek’ liability shall be the minimum permitted under such applicable law. In particular, nothing in these Terms of Services shall affect the statutory rights of any consumer or exclude or restrict any liability for death or personal injury arising from any negligence or fraud of Viyatek.
You agree to indemnify, defend and hold Viyatek harmless from any claim, demand, damages or other losses, including reasonable attorneys’ fees, asserted by any Third Party resulting from or arising out of any breach by you of this Terms of Services. Viyatek reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Viyatek, and you agree to cooperate with Viyatek’ defense of these claims. Viyatek will make reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
You agree that the provisions in this paragraph will survive any termination of your Account(s) or of the Services.
12. Dispute Resolution and Applicable Law
If a dispute arises between you and Viyatek, Viyatek strongly encourages you to first contact Viyatek directly to seek a resolution by opening a help ticket directly in-app via the help section or contact Viyatek at firstname.lastname@example.org
You agree that all disputes between you and Viyatek shall be governed by the laws of Turkey by a court located in Istanbul without regard to conflict of law provisions, and you agree to submit to the jurisdiction of such court.
13. No Class Actions
You and Viyatek can only bring a claim against each other on an individual basis. BY AGREEING TO THESE TERMS OF SERVICES, YOU UNDERSTAND AND AGREE THAT YOU WAIVE THE RIGHT TO A CLASS ACTION AND CAN ONLY BRING CLAIMS AGAINST VIYATEK IN YOUR INDIVIDUAL CAPACITY.
16. Supplemental Policies
Viyatek may publish additional policies related to specific services such as forums, contests or loyalty programs. Your right to use such services is subject to those specific policies and these Terms of Services.
17. Entire Agreement
18. No Waiver
Except as expressly and specifically set forth in these Terms of Services, no representations, statements, consents, waivers or other acts or omissions by Viyatek shall be deemed a modification of these Terms of Services nor legally binding, unless documented in physical writing, hand signed by you and a duly appointed officer of Viyatek.
19. Equitable Remedies
You acknowledge that the rights granted and obligations made under these Terms of Services to Viyatek are of a unique and irreplaceable nature, the loss of which shall irreparably harm Viyatek and that cannot be replaced by monetary damages alone, so that Viyatek shall be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety or proof of damages) in the event of any breach or anticipatory breach by you.
You irrevocably waive all rights to seek injunctive or other equitable relief or to enjoin or restrain the operation of the Services or the applications, exploitation of any advertising or other materials issued in connection therewith or exploitation of the Services or any content or other material used or displayed through the Services and agree to limit your claims to claims for monetary damages (if any), limited by Sections 5.2 and 11.
20. Force Majeure
Viyatek shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, without limitation, any failure to perform hereunder due to unforeseen circumstances or causes beyond Viyatek’ control such as natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
You agree that your use of the Services does not constitute any joint venture, partnership, employment or agency relationship between you and Viyatek as a result of this Agreement.