Last Updated: October 12, 2023
Momend Ltd. Sti. ("we," "our," "us," "Momend") is deeply committed to safeguarding and respecting your privacy. This Privacy Policy (referred to as the "Policy") outlines the categories of personal data we gather and utilize when you engage with any of our apps or games (each referred to as a "Property" and collectively as the "Properties"), as well as how we may employ that information.
This Policy has been crafted to provide you with insights into how we collect, store, utilize, and oversee the data you furnish in association with any Momend website (collectively known as the "Site") or any Momend game or application (referred to collectively as the "Service"). By using the Services, you agree to the terms of this Privacy Policy. You shouldn't use the Services if you don't agree with this Privacy Policy or any other agreement that governs your use of the Services.
We collect data concerning you through multiple channels: directly from you, from third parties, and automatically when you utilize our Service. We may consolidate the data we gather from these various sources.
We collect any data or categories you provide through your use of our Service from the sources identified below. The types of personal data we collect may vary depending on your activity.
Personal data may include identifiers such as:
If you contact us for support or to report a problem or concern (regardless of whether you have created an account), we collect and store your contact information, messages, and other data about you like your name, email address, operating system, IP address, and any other data you provide or that we collect through automated means (which we cover below). We use this data to respond to you and research your question or concern in accordance with this Privacy Policy.
Additionally, we may acquire data from you through your access and participation in message boards on the Service. This information may include posts, comments, photos or screenshots, videos, ratings, and in-game messages. If you post content to our Service, such information may be available to other users of our Service (e.g., in-game messages will be available to the recipient of your message, and if you upload a profile picture, your image may be available to all other users of our Service). If you post your content on our Service, your posting may become public, and Momend cannot prevent such information from being used in a manner that may violate this Policy, our Terms of Use, the law, or your personal privacy.
When you utilize our Services, especially after installing them, we might gather and document information that you've willingly shared with us via social networking websites. This data collection is always in line with the policies and terms of those websites.
Additionally, in collaboration with our advertising partners like Google, Google Adwords, Apple's Search Ads, Unity, TikTok (Bytedance), Facebook, and Google Ads, we might receive additional data about you. This can include demographic details, browsing habits, purchase history, or any other data these partners gather based on their tracking mechanisms and data sources.
Such information assists us in enhancing the personalization of our Services and in delivering more relevant advertisements. It's essential to understand that any data obtained from third-party sources is governed not only by our privacy policy but also by the privacy policies of these third-party platforms and advertising partners.
When you use the Service, we record various details related to your activity, including your internet or other electronic network interactions. We may gather additional information visible on your social network page (Apple Game Center or Google Game Center) in accordance with the respective terms of use associated with that page. The Service may also capture gameplay data such as high scores, game statistics, and session duration.
When you access our Service via your mobile devices, such as smartphones, iPads, tablets, or any other similar device, we collect specific mobile device identifiers, which may include your Media Access Control (MAC) address and, in some instances, your IP address. In certain games, we may establish and allocate an identifier akin to an account number to your device.
Additionally, we may gather the name associated with your device, the type of device you're using, your phone number, country, and any other information you choose to furnish, such as a username, character name, general location (determined by your Internet Protocol or "IP" address), or email address. This data proves invaluable for troubleshooting purposes and aids us in comprehending user behavior patterns.
In addition, we create a unique user ID to track your use of our Service. This unique user ID is stored with your account information to track the Momend games you are playing. With the exception of scenarios outlined in this Policy, we will not disclose this information to any third parties.
If you wish to discontinue allowing us to track or utilize this data, you have the option to disable it at the device level. It is important to note, however, that the application may experience functionality issues if we are unable to ascertain your geographical location (specific to your country).
We may receive info about you from our partners, for instance, where our ads are published on a partner's websites and platforms (in which case they may pass along details on a campaign's success).
All our paid service is through iOS or Android platforms. We only receive a receipt of your transaction provided by these platforms. We may receive or collect Personal data related to the Transaction (such as your name, billing address, e-mail address, Transaction date, time and amount, and transaction I.D.) to fulfill your purchase. For purposes described in this Privacy Policy, Payment Service Providers may also share data related to your purchases for purposes described in this Privacy Policy. we may also retain this data to enable you to purchase additional items through our Service.
We need the above personal data for the purposes described in this Policy, and not providing specific data may impact our ability to provide you with the Service. Momend's primary objective in collecting user data is to provide and enhance the Service and to enable users to navigate and enjoy the Service easily.
In addition, we may use user data for the following purposes:
To facilitate payments and communications between users; to provide and maintain the Service; to improve the Service; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; to validate our users and ensure their qualifications to use the Service; and for other customer service and support purposes.
To communicate with you, including via email or push notification, about your account and use of the Service, including sending Service and product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, and promotions; keep you and others informed of your in-game activity, and other information we think may interest you; and for other informational, marketing, or promotional purposes. For more information about opting out of certain communications, please see the "Your Rights and Choices in Relation to Your Personal Data" section below.
To analyze how you interact with the Service, to monitor and analyze usage and activity trends, and for other analytical and statistical research purposes.
We use third-party SDKs for various reasons, and below is a list of each third-party SDK we use to give better results by receiving better analytics. The information we give and receive is non-user-specific. We use this data to improve the Services, better understand how the Services perform on different devices, and provide information that may interest you. All the information we send is anonymized and cannot be tracked back to specific users. In other words, drawing conclusions about a specific person is impossible.
To protect the safety, rights, property, or security of Momend, the Service, any third party, or the general public; to detect, prevent, or otherwise address fraud, security, or technical issues; to prevent or stop the activity which Momend, in its sole discretion, may consider to be, or to pose a risk of being an illegal, unethical, or legally actionable activity; to use as evidence in litigation; and to enforce this Policy and our Terms of Service.
To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
You share information with other users when you voluntarily disclose information on the service (including your public profile). Please be careful with your information and make sure that the content you share is the stuff you're comfortable with being publically viewable since neither you nor we can control what others do with your information once you share it.
We use third parties to help us operate and improve our Services. These third parties assist us with various tasks, including data hosting and maintenance, analytics, customer care, marketing, advertising, payment processing, and security operations. These service providers may access your personal data and are required to use it solely as we direct to provide our requested service.
We may also share information with partners who distribute and assist us in advertising our Services. For instance, we may share limited information on you in hashed, non-human readable form to advertising partners.
We strictly vet before engaging any service provider or working with any partner. All of our service providers and partners must agree to strict confidentiality obligations.
While we use third-party advertising services, including Google's Admob, Unity Ads, TikTok Pangle to deliver targeted ads to our users within our Services, the ads might be informed by the data detailed in Section 1.2 "Data From Others" and other data these third-party providers gather from their own sources. These ads could be a reflection of your current or past activity, both within our Services and across other platforms, tailored to your preferences and interests.
Consequently, you might also come across our personalized online ads even when using other services. Depending on the types of advertising services we use, cookies or other tracking technologies may be placed on your computer, phone, or other device to collect data about your use of our Services, and those tracking technologies may be accessed to serve these personalized advertisements to you.
To help deliver personalized advertising, we may provide these service providers with a hashed, anonymized version of your personal data in a non-human-readable form and content you share publicly on the Services. Only irreversibly anonymized data is used during all advertising processes, including personalized advertising thus, this does not allow any conclusions to be drawn about the identity of the person concerned.
If you access or use our Services through a third-party platform or service or click on any third-party links, the collection, use, and sharing of your data will also be subject to that third party's privacy policies and other agreements. All 3rd Party tools are GDPR compliant.
We may disclose your information if reasonably necessary: (i) to comply with a legal process, such as a court order, subpoena or search warrant, government/law enforcement investigation, or other legal requirements; (ii) to assist in the prevention or detection of crime (subject in each case to applicable law); or (iii) to protect the safety of any person.
We may also share information: (i) if disclosure would mitigate our liability in an actual or threatened lawsuit; (ii) as necessary to protect our legal rights and the legal rights of our users, business partners, or other interested parties; (iii) to enforce our agreements with you; and (iv) to investigate, prevent, or take other action regarding illegal activity, suspected fraud, or other wrongdoing.
We employ moderators to oversee activity on the site/apps, validate content, and liaise with fraud prevention and anti-spam providers to safeguard the Service from illegal activities.
In the event that our Services or any of its affiliates undergoes a business transition or change of ownership, such as a merger, acquisition by another company, reorganization, or sale of all or a portion of its assets, or in the event of insolvency or administration, we may be required to disclose your personal data.
You have various rights concerning the use and control of your personal data. We've listed these rights below, along with tools and methods to exercise them:
To exercise any of the rights listed above or for further information, please visit our Feedback Page or email us at mechwars@momend.com. For your protection and the protection of all our users, we might ask for a proof of identity before we can act on your request. Although we aim to address and accommodate your requests promptly, there might be legal or other legitimate reasons why we might need to retain certain data, which we will inform you if applicable.
To provide the Services, we must transfer your data to our servers and process it there. You consent to storing your data on servers by visiting or using our Services. If you are using the Services, you consent to transferring, storing, and processing your data.
Specifically, personal data collected in Switzerland and the European Economic Area ("EEA") is transferred and stored outside those areas. That data is also processed outside of Switzerland and the EEA by our group companies or service providers, including processing transactions, facilitating payments, and providing support services.
We have entered into data processing agreements with our service providers that restrict and regulate their processing of your data on our behalf. By submitting your data or using our Services, you consent to this transfer, storage, and processing by us and its processors.
We operate a global network of servers in The USA and Turkey. Data collected by advertising partners may also be held outside the European Economic Area. We ensure that the data is adequately protected by ensuring that valid, legal mechanisms are in place. If you want more information about the nature of the safeguards we have in place, please email mechwars@momend.com.
We exert every effort to shield you from unauthorized access, alteration, disclosure, or destruction of your personal data. As is the nature with technology, while we implement security measures, absolute security is not guaranteed.
Your password is pivotal for our security infrastructure, and it's your responsibility to keep it confidential. Avoid sharing your password and if you suspect any compromise, change it instantly and notify us at mechwars@momend.com.
We may suspend your use of all or part of the Services without notice if we suspect or detect any security breach. Please notify us immediately if you believe your account or information is no longer secure.
In the unfortunate event of a security breach, and where appropriate, we will notify relevant EU representatives, our Data Protection Officer (DPO), and potentially affected users within 72 hours of becoming aware of the breach. Notification will be through email; hence, ensure you provide a frequently checked email address to stay updated on such crucial matters.
We will keep your information for as reasonably necessary for the purposes set out above in accordance with applicable law, generally no longer than 10 years from the date you stopped using our services.
To determine the appropriate retention period, we will consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process the personal information and whether we can achieve such purposes through other means, as well as applicable legal and regulatory requirements.
While our Services are primarily designed for a general audience, we do not intentionally gather or market personal data from children under the age of 13 (or the respective age as mandated by local laws). We may occasionally seek age verification or parental/guardian consent.
If we become cognizant of any child below the age of 16 using our Services, we will restrict such use. If it comes to our notice that we inadvertently collected personal data from a child, we will take necessary measures to promptly delete such information. If you become aware of any such data collection, please alert us immediately.
We strongly encourage parents, guardians, and responsible adults to guide children on safe internet practices, ensuring they never disclose personal details online without consent.
This policy may change over time because we're always looking for new and innovative ways to help you build meaningful connections. We will notify you before any material changes take effect so you have time to review the changes.
If you have any questions regarding this privacy statement or the processing of your personal data, you can contact us directly. We are also available to you in the case of requests for information, requests, or complaints:
Address:
ODTÜ Teknopark, Üniversiteler Mah. İhsan Doğramacı Bul. No:29 iç kapı No:113
Çankaya/Ankara/Turkiye
E-MAIL: mechwars@momend.com
Last Updated: October 16, 2023
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE PLAYING ANY OF OUR GAMES. THESE TERMS AND SERVICE (THE "TERMS") ARE A LEGAL CONTRACT BETWEEN "YOU" AND MOMEND LTD. STI. and/or any of its subsidiaries and affiliates (collectively "MOMEND" "WE", "OUR", "US").
These Terms of Service set out how you are permitted to use our Services, including accessing games developed, operated or published by Momend ("Games"), content, materials, or to any other of our webpages, sites or applications that are connected and operated by Momend, or any other social network and online functionalities that are connected to Momend's Services, as well as the proper use of materials, content and software developed and created by Momend.
For convenience, each of Momend's online services shall be referred to as the "Service" or "Services".
By accessing, downloading or using any of our Services in any way, including accessing the Services through any third-party Platforms (including mobile or web platforms, social networking sites or otherwise); or by clicking on the "I ACCEPT" button, or by completing the registration process for an Account, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND, IN JURISDICTIONS WHERE CONSENT IS REQUIRED FOR MOMEND TO PROCESS YOUR PERSONAL INFORMATION, YOU CONSENT TO THE COLLECTION, USE, AND STORAGE OF YOUR INFORMATION AS OUTLINED IN MOMEND'S PRIVACY POLICY. (All of the above, collectively "YOUR ACCEPTANCE").
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, OR IF AT ANY TIME THE TERMS ARE NO LONGER ACCEPTABLE TO YOU, YOU MAY NOT USE OR CONTINUE TO USE OF THE SERVICE.
THESE TERMS REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA, THESE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS.
The Service is licensed, not sold, to you. Momend grants you a limited, revocable, non-transferable right to access and use the Services. Momend reserves the right to refuse any user access to the Service without notice if the user violates these Terms and, where permitted by law, for any other reason.
To the fullest extent permitted by law, you agree that Momend may suspend or discontinue the Service (or any feature or application thereof) or change the content of the Service at any time, for any reason, with or without notice, and without liability.
The Services are only available to Users in certain jurisdictions who should only use the Services as permitted under applicable law. The Services may not be authorized for use in certain other jurisdictions that are subject to embargoes or any economic sanctions, as applicable.
YOU MAY NOT USE THE SERVICES IF YOU DO NOT HAVE THE LEGAL CAPACITY UNDER APPLICABLE LAW TO AGREE TO THE TERMS.
WE MAY REQUIRE PROOF OF AGE (FOR EXAMPLE, WE MAY REQUEST YOUR MONTH AND/OR YEAR OF BIRTH) OR WE MAY REQUIRE PARENTAL OR LEGAL GUARDIAN CONSENT AT ANY TIME. WE ALSO RESERVE THE RIGHT TO BLOCK USERS IF WE SUSPECT THEY ARE UNDER THE APPLICABLE AGE.
Momend can change, update, or add or remove provisions of these Terms at any time by posting the updated Terms on the Service and by notifying you through a banner on the Service or, depending on your account status, via email at Momend's sole discretion.
By using the Service after Momend has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Service.
Also, please know that these Terms may be superseded by expressly designated legal notices or terms located on particular features of the Service, which will be made available to you when you use these features. These expressly designated legal notices or terms are incorporated into these Terms and supersede the provision(s) of these Terms that are designated as being superseded.
In order to ensure the proper operation of its Services, Momend may publish from time to time in-games rules that shall apply to one or several specific Games (the "In-game Rules"). Such In-game Rules will be published within the Service; if you do not agree with any of the updated Terms and In-game Rules, you must stop using the Service.
You understand and agree that the Service (and any applications) are evolving. To the fullest extent permitted by law, Momend may require that you download and install updates to the Service, at any time, without notice or liability to you.
You also understand and agree that any such changes or updates to the Mobile Applications might change the system specifications necessary to use the Mobile Application. In such a case and to the fullest extent permitted by law, you, and not Momend, are responsible for purchasing any necessary additional software and/or hardware in order to access and use the Mobile Application.
You acknowledge that when an upgrade is available, previous versions of the Mobile Application may cease to be available or no longer be supported by Momend.
Our Service may have certain minimum technical requirements for access, which will be provided and detailed for each specific Service. By using and accessing the Service, you acknowledge and understand these minimum technical requirements necessary to access and use the Service.
i. Registered User Accounts: While registration is not required to access some features, to access certain features and games, you may need to become a "Registered User." A "Registered User" is a user who has either registered an account with us ("Account") or has a valid account on Google Play or Apple Game Services (each such account, a "Third-Party Account").
When registering an Account, you may be required to provide certain information to create an Account identification number. Please note that users do not set passwords for their accounts; instead, the Service generates a unique username for each user.
We reserve the right to reject or terminate any Account if necessary to protect our Service, Users, or Momend itself, in accordance with these Terms.
ii. Access through Third-Party Platforms: If you access the Service through a social networking service or other third-party service ("Third-Party Platform"), you may link your Account with Third-Party Accounts, subject to the terms and conditions of each Third-Party Account.
By doing so, you allow Momend to access your Third-Party Account information for the purposes described herein. Depending on your privacy settings on such Third-Party Accounts, personally identifiable information you post may be available on your Service Account.
Please note that we do not control Third-Party Platforms or their content, and your relationship with Third-Party Service Providers is governed solely by your agreements with them. Momend disclaims liability for personally identifiable information provided to it by Third-Party Service Providers in violation of your privacy settings on those accounts.
When registering for the Service, you agree to provide accurate, current, and complete information on the registration form ("Registration Data"). You also agree to promptly update the Registration Data to keep it accurate and complete. You are responsible for all activities under your Account.
Do not share your Account or password with others. Notify Momend immediately of any unauthorized use of your password or any security breaches. If you provide untrue, inaccurate, outdated, or incomplete information, Momend may suspend or terminate your Account and deny current or future use of the Service.
Momend reserves the right to remove or reclaim usernames for any reason, including third-party claims of rights violation.
Username Generation: Momend generates unique usernames for Users who do not register accounts. If you forget your username or other account information, we can send you a recovery code to assist in accessing your account.
Data Retention: If you do not sign up through Apple or Google Game Services, please note that all your data can be erased when you leave the game. This includes data associated with randomly generated usernames.
When you access the Service through a mobile network, your network or roaming provider's messaging, data, and other rates and fees will apply. Downloading, installing, or using certain services may be prohibited or restricted by your network provider, and not all features of the Service may work with your network provider or device.
By using Momend's Service you agree NOT to (or solicit another user to):
You further represent and warrant that (a) you are not located in a country that is subject to any governmental embargos (including and without limitation, under embargos issued by the US, EU, UK and Australia), or that has been designated by the any governmental authority as a "terrorist-supporting" country; and (b) you are not listed on any list of prohibited or restricted parties.
Any use of the Service in violation of these limitations is strictly prohibited, can result in the immediate revocation of your license, and may subject you to liability for violations of law.
To the fullest extent permitted by law, Momend reserves the right to determine what conduct it considers to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Use or the Service itself.
In the event of a breach of any of the above, Momend will decide at its sole discretion what actions, if any, it will take, including terminating your Account, prohibiting you from using the Service, and/or informing the appropriate authorities.
The Services may include the option to purchase, with "real world" money, a license to use (i) virtual, in-game currency ("Virtual Currency") as well as (ii) virtual, in-game goods ("Virtual Goods") by using legal tender. This can only be done if you are considered a legal adult in your country of residence.
Virtual Currency and/or Virtual Goods may be purchased only via the Services (including through the Momend Store) and only in the manner stipulated in the Game through the Third-Party Account policies or the Momend Store.
Any Virtual Currency and/or Virtual Goods obtained by Users other than through the Service, may be deemed void or voidable by Momend, at its sole discretion.
ALL VIRTUAL CURRENCY AND VIRTUAL GOODS ARE DEEMED TO BE FINAL AND NON-REFUNDABLE, unless stated otherwise at our discretion.
You will have no right or title to any Virtual Goods and/or Virtual Currency you acquire. Virtual Currency may only be redeemed toward the purchase of Virtual Goods or items. Virtual Currency and Virtual Goods are not legal tender and cannot be reloaded, resold, transferred for value, redeemed for cash, bought in any other means other than via the Service, bought not in the manner stipulated in the Game or by Momend Store, or applied to any other Account, except to the extent described herein, or as required by applicable law.
Virtual Currency does not expire. Notwithstanding the foregoing, Momend has absolute control over all Virtual Currency and Virtual Goods and, to the fullest extent permitted by law, at any time has the right to change the value, modify, and/or eliminate any Virtual Currency and Virtual Goods as it sees fit and without any liability.
Momend's obligation to you regarding purchased Virtual items will be deemed performed upon transfer of the Virtual Goods and/or Virtual Currency to your Account.
NO REFUNDS WILL BE GIVEN BY MOMEND.
The Virtual Currency and Virtual Goods have no real currency value, CANNOT BE REDEEMED FOR REAL MONEY, AND CAN ONLY BE USED WITHIN THE GAMES OFFERED BY MOMEND.
Other than a limited, revocable, non-transferable license to use the Virtual Currency or Virtual Goods in the Games, you have no right in or title to such Virtual Currency and Virtual Goods.
In the event that your Account is terminated or suspended for any reason, to the fullest extent permitted by law and at Momend's sole and absolute discretion, or if Momend discontinues its Games, you forfeit any and all Virtual Currency and Goods.
Momend has the absolute right to manage, regulate, control, modify, and/or eliminate Virtual Currency and/or Virtual Goods as it sees fit at its sole discretion, and Momend shall have no liability to you or anyone for the exercise of such rights.
Purchase of items on Mobile Devices or Third Party Platforms. All Payments for Service/s conducted via your Mobile Devices or through Third Party Platforms (including social network platforms) will be conducted and processed through and by the respective Third-Party Platform.
The terms of use and payment of the Third-Party Platform shall apply in this regard, supplemented by these Terms of Use. Virtual Currency and Goods bought through the Third-Party Platform will be available on your User Account in any platform you are registered with your Account Registration ID.
Taxes and other charges applicable. You agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Momend may revise the pricing for the goods and services offered through the Service at any time.
Momend may also provide links to other websites or third-party services, some of which may charge separate fees, which are not included in any fees that you may pay to Momend. Any separate charges or obligations that you incur in your dealings with third parties are your responsibility.
Fees are non-refundable (please refer to Section 4).
IF YOU ARE LOCATED IN THE US, YOU MAY BE SUBJECT TO ADDITIONAL TAXES INCLUDING SALES TAXES. WE MAY CHARGE YOU FOR THOSE TAXES, IN ADDITION TO ANY OTHER APPLICABLE FEES INCURRED.
IF YOU ARE LOCATED IN THE EU OR UK, ALL FEES INCLUDE THE EU AND UK VAT TAX. THE VAT COLLECTED BY US OR BY THE THIRD-PARTY PLATFORM REFLECT THE VAT DUE ON THE VALUE OF ANY CONTENT OR SERVICES.
The Terms commence on the date when you Accept them (as described in the preamble above) and remain in full force and effect while you use the Service, unless terminated earlier in accordance with the Terms.
If you want to terminate the Terms, you may do so by closing your Account and ceasing to use the Service.
We reserve the right to terminate or suspend your Account or access to any or all of the Games or Services at any time and for any reason. Where required by law we will provide you with prior reasonable notice.
It is within our sole discretion and determination to terminate your Account for what we deem to be a violation or breach of these Terms or any Applicable Law.
We may also suspend the use of part of the Services in our sole discretion, including some of the interactive features within our Games (such as chats and instant messaging functionalities within the Games or other Online Services) in accordance with our policies and in the event of a breach of these Terms and the Rules of Conduct (section 4 above).
In the event that we terminate or suspend your Account, you will have no further access to your Account or any information or functionality associated with it. As stated above, you will not be entitled to a refund of any Virtual Currency or Virtual Goods acquired during your use of the Games or the Service.
Termination of any feature of the Service includes removal of access to such feature. Termination of the Service includes deletion of your password and all related information, files, and Content associated with or inside your Account (or any part thereof), including Your Content.
To the fullest extent permitted by law, Momend will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content.
All provisions of the Terms which by their nature should survive, shall survive termination of the Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
You are solely responsible for your interactions with other users of the Service. Momend may at any time intervene in disputes between you and other users, but is under no obligation to do so. Momend will not be liable for anything resulting from these disputes, including, but not limited to, claims and damages, of any kind.
If you have a dispute with one or more users, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE Momend (and our 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.
If you are a California resident, you waive California Civil Code §1542, which says: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED.
You agree that your access and use of the Service shall be at your sole risk. TO THE FULLEST EXTENT PERMITTED BY LAW, Momend, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, AND TIMELINESS.
Momend makes no warranties or representations about the accuracy or completeness of the content of the Service or the content of any sites linked to the Service and, to the fullest extent permitted by applicable law, assumes no liability or responsibility for any:
MOMEND'S AGGREGATE CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS AND THE SERVICE, FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID MOMEND IN THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE CLAIM GIVING RISE TO THE LIABILITY.
UNDER NO CIRCUMSTANCES WILL MOMEND BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICE OR OTHER MATERIALS ON, ACCESSED THROUGH, OR DOWNLOADED FROM OUR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, ANY OTHER LEGAL THEORY, OR WHETHER OR NOT Momend HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.
If you are a user residing in the EU or UK, this does not limit Momend's liability in the event of death or personal injury resulting from an act or omission by Momend.
The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Momend shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
THE ABOVE DISCLAIMERS AND LIMITATIONS ON LIABILITY DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
To the fullest extent permitted by law, you agree to indemnify and hold Momend, its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (collectively, the "Momend Parties") harmless from any losses, costs, liabilities, and expenses (including reasonable attorneys' fees) relating to or arising out of:
Momend reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Momend in asserting any available defenses.
You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the Service.
You acknowledge and agree that all intellectual property rights in our Service and its underlying technology, and all information and content available on or through the Service (excluding User Content (as defined below) but including the characters, graphics, storylines, sounds, Virtual Currency, and Virtual Goods in the Games) are owned by us and/or our suppliers (including other users).
You further acknowledge and agree that you shall have no ownership or other property interest in the Account, and that all rights in and to the Account are owned by us.
The Service is protected by copyright laws throughout the world. Subject to your compliance with these Terms, and any other relevant Momend policies, Momend grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license (subject to the limitations set forth herein) to download, install, access, view, and/or use a copy of the Mobile Application on a single mobile device or computer that you own or control, solely for your personal non-commercial entertainment purposes.
No other use of the Mobile Application is authorized.
You may not otherwise use, download, upload, print, display, perform, reproduce, publish, license, post, transmit, modify, create derivative works of, reverse engineer, disassemble, decompile, adapt, distribute, transfer, sell, buy, or exploit the Service or its features or components in whole or in part without our prior written authorization.
Furthermore, with respect to any Mobile Application accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system), and (ii) as permitted by the "Usage Rules" set forth in the Apple Media Services Terms and Conditions.
You may not sell, copy, exchange, transfer, assign, or otherwise distribute anything you copy or buy from the Mobile Application, unless you are expressly permitted by Momend.
We and our suppliers (including other users) reserve all rights not granted in these Terms. There are no implied licenses.
All trademarks, logos, and service marks displayed on the Service ("Marks") are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third parties which may own the Marks.
You agree that you are willingly publishing content on the Service using technology and tools provided by Momend. Any data, text, information, files, graphics, photographs, and their selection and arrangement (hereinafter "User Content"), uploaded, posted to, emailed, transmitted, or otherwise made available ("Make Available") through the Service are subject, whether in whole or in part, to unlimited commercial, non-commercial, and/or promotional use by Momend.
When User Content is Made Available by you, it becomes "Your Content". You are solely responsible for Your Content. Thus, users are responsible, and Momend is not responsible, for any User Content users Make Available.
Momend may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content Made Available via the Service. By using the Service, you acknowledge and accept that you may be exposed to material you find offensive or objectionable.
To the fullest extent permitted by law, you agree that Momend will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
Momend does not have the obligation to and will not monitor any User Content but has the right, in its discretion, to remove any User Content in case of a complaint. Where required by law, Momend will inform you before or after removing the User Content you published or uploaded.
The Service may include various forums, blogs, and chat features ("Forums") where you can post User Content, including, but not limited to, your observations and comments on designated topics.
Therefore, in addition to all other provisions of these Terms, it is specifically clarified that Momend cannot guarantee that other Users will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or do not want others to use, do not Make it Available on the Service.
Momend shall have no responsibility to evaluate, use, or compensate you for any ideas or information you may choose to submit. When you disclose information or rely on any information in the Forums, you do so at your own risk.
You hereby grant to Momend an irrevocable, transferable, non-exclusive, royalty-free, worldwide license (including the right to sublicense and assign to third parties) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, 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, in any way, Your Content as well as all modified and derivative works of Your Content in connection with our provision of the Service, including marketing and promotions of the Service.
This license is for the term of the protection of the rights licensed or, where permitted by law, perpetual. Except as prohibited by law, you waive any rights of attribution and/or any moral rights you may have in Your Content, regardless of whether Your Content is altered or changed in any manner.
YOU WARRANT AND REPRESENT THAT YOU HAVE THE RIGHT TO UPLOAD ANY CONTENT THAT YOU MAKE AVAILABLE THROUGH THE SERVICE.
Momend does not claim any ownership rights in User Content and nothing in these Terms is intended to restrict any rights that you may have to use and exploit Your Content. Momend has no obligation to monitor or enforce your intellectual property rights in or to Your Content.
Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the Service, including, but not limited to, the Virtual Goods or Currency appearing or originating in any Momend Game, whether earned in a Game or purchased from Momend, or any other attributes associated with an Account or stored on or in the Service.
You acknowledge and agree that the availability of the Application and the Service is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play ("App Store"). You acknowledge that the Terms are between you and Momend and not with the App Store.
Momend, not the App Store, is solely responsible for the Service, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement).
In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Service, including the Application.
You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store's terms and policies) when using the Service, including the Application.
You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
You acknowledge and agree that (i) the Terms are concluded between you and Momend only, and not Apple, and (ii) Momend, not Apple, is solely responsible for the App Store Sourced Application and content thereof.
Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application.
As between Momend and Apple, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Momend.
To the fullest extent permitted by law, you and Momend acknowledge that, as between Momend and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
You and Momend acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringe that third party's intellectual property rights, as between Momend and Apple, Momend, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by the Terms.
You and Momend acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Without limiting any other provisions of the Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
The following additional terms and service apply with respect to any Mobile Application that Momend provides to you designed for use on an Android-powered mobile device (an "Android App"):
You acknowledge that these Terms are between you and Momend only, and not with Google, Inc. ("Google").
Your use of Momend's Android App must comply with Google's then-current Google Play Terms of Services.
Google is only a provider of the Google Play store where you obtained the Android App. Momend, and not Google, are solely responsible for Momend's Android App and the Services and Content available thereon.
Google has no obligation or liability to you with respect to Momend's Android App or these Terms.
You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to Momend's Android App.
These Terms and any action related to these Terms will be governed by and interpreted under the laws of Israel. Notwithstanding the foregoing, if You are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to invoke the protection which is afforded to you by provisions of the law of the country you reside in that cannot be derogated from by agreement.
You hereby agree to the binding Arbitration Agreement. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Ankara, Turkey, for such purpose and you hereby waive all defenses of lack of personal jurisdiction and forum non-conveniens with respect to venue and jurisdiction in the courts of Ankara, Turkey.
Notwithstanding the foregoing, if you are a resident of the European Union or the Russian Federation, please note that under certain circumstances you may be able to bring a dispute before the appropriate authorities or courts in the Russian Federation or in the European Union country in which you reside.
These Terms and our Privacy Policy constitute the entire agreement between you and Momend regarding your use of our Service (Site, Service, Mobile Applications, Games, and all related content) and supersede and replace any prior written or oral agreements regarding the foregoing.
Our failure to exercise or enforce any right or provision in these Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Neither the rights nor obligations arising under these Terms are assignable by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.
You may not use, export, import, or transfer the Service except as authorized by the laws of the United States of America, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws.
You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons.
You acknowledge and agree that products, services, or technology provided by Momend are subject to the export control laws and regulations of the United States of America. You shall comply with these laws and regulations and shall not, without prior U.S. Government authorization, export, re-export, or transfer the Momend products, services, or technology, either directly or indirectly, to any country in violation of such laws and regulations.
If you have any questions about these Terms, please contact mechwars@momend.com. We will make every effort to resolve your concerns.
Address:
ODTÜ Teknopark, Üniversiteler Mah. İhsan Doğramacı Bul. No:29 iç kapı No:113
Çankaya/Ankara/Turkiye