1. Several important warnings—arbitration, refunds, and damages

PLEASE CAREFULLY REVIEW THE FOLLOWING 22 “DISPUTE RESOLUTION” SECTIONS FOR DETAILS REGARDING ARBITRATION. IMPORTANT NOTICE REGARDING ARBITRATION FOR PLAYERS IN THE UNITED STATES: BY ACCEPTING THIS EULA, YOU AGREE TO RESOLVE ANY DISPUTE BETWEEN US THROUGH BINDING, INDIVIDUAL ARBITRATION (WITH LIMITED EXCEPTIONS) RATHER THAN A COURT. THIS EULA ALSO INCLUDES A LIMITATION ON THE CLAIM FOR DAMAGES YOU MAY BE ABLE TO ARISE FROM YOUR USE OF THE SERVICES AND THAT YOU MAY BE ABLE TO RECOVER FROM US. BY USING THE SERVICES, YOU AGREE TO THESE TERMS.

YOU MAY NOT DOWNLOAD, COPY, OR USE OUR SERVICES IF YOU DO NOT AGREE TO THE TERMS OF THIS END-USER LICENSE AGREEMENT. WE DO NOT NORMALLY PROVIDE REFUNDS UNLESS EXPRESSLY AUTHORIZED BY US (SEE SECTION 10 FOR EXCEPTIONS) OR WHERE A REFUND IS REQUIRED UNDER LOCAL LAW.

OUR END-USER LICENSE AGREEMENT MAY ALSO CONTAIN COUNTRY-SPECIFIC ADDITIONS APPLICABLE TO YOU, DEPENDING ON YOUR JURISDICTION OF RESIDENCE.

2. What is this document? When can I play it?

This is the agreement between you and us regarding our services that you download or access, whether it's a game, something supporting a game, or anything else. You may only use these things if you agree to these terms.

You are now reading our End User License Agreement (“EULA”), which is a legal agreement relating to the Services you use from us (berkeculturechess). “Services” collectively and sometimes individually means: (a) each of our Games and (b) the websites, software or other services we provide with or to support the Game, whether or not it is installed on or used on a computer, console or mobile device. “Game” means our game and its accompanying documentation, software, updates, Virtual Items and Content (each defined below) that you install and access, regardless of where you install and/or access it, and which are subject to this End User License Agreement.

3. Defined Terms

You will notice some terms in this EULA that begin with a capital letter. These are called “defined terms,” and we use them this way to avoid having to reuse the same language repeatedly and to ensure that these terms are used consistently throughout the EULA. We have included defined terms throughout because we want to make it easier for you to read them in their context.

4. Eligibility and Registration

There are certain age restrictions on the Services we offer. Some may require an external account. You must ensure that it is up-to-date when you provide us with information. Also, do not share your account with others without our permission.

(a) Age. To create a Gaming Account (defined below) and access some of our Services, you must be at least the minimum age to consent to the collection of personal data according to the law in your jurisdiction. If you are between the minimum age for the collection of personal data and the age of majority in your jurisdiction, your parent or guardian must review this EULA and make a decision on your behalf. Parents and guardians are responsible for the actions of their children under the age of 18 when using our Services.

(b) Account Creation. To access certain parts of a Game, you may need to create an in-game account (“Game Account”). Your Game Account is separate from any account you may have on the App Store (“App Store Account”). You may need to access certain personal information provided by that third party to help you create your Game Account.

(c) Keeping Your Information Up-to-Date. It is important that you provide us with accurate, complete, and up-to-date information for your Game Account, and you agree to update this information to keep it that way. Failure to do so may result in the suspension or termination of your Game Account. You agree not to disclose your Game Account password to anyone and to immediately report any unauthorized use of your Game Account to us. You are responsible for all activity that occurs under your Game Account, whether you are aware of it or not.

(d) Account Sharing Prohibition. You may not sell, buy, rent, allow others to use, share, or grant access to your Game Account. Technological barriers, IP mapping, and in severe cases, direct action are in place to prevent unauthorized use of our Services.

We reserve all available legal rights and remedies, including but not limited to contacting your Internet Service Provider (ISP) regarding unauthorized use. (e) Prohibition of Fake Accounts. You may not create a Game Account for anyone or create a Game Account under a name different from your own.

5. License and Use of Services

We grant you permission to access and use our Services as long as you accept this EULA (and unless the EULA is terminated—see Section 21). If you violate the rules or cannot accept them, we cannot permit you to play the game. Please ensure that your system and device meet the minimum requirements for the Game. Also, if you have an epileptic condition, please speak with a doctor before playing the Game.

(a) Granting of License. Subject to your compliance with this EULA and any App Store Agreements, we grant you the following license: (i) to download and install the Game on any device permitted by the App Store Agreements (if any) and (ii) to access and use the Services, including any Content, solely for your personal entertainment purposes by utilizing the functions of the Game and the Services; a personal, non-exclusive, non-transferable, non-sublicensable limited right and license. We and our licensors reserve all rights not granted to you in this EULA. “Content” means all artwork, titles, themes, objects, characters, names, dialogues, slogans, stories, animations, concepts, sounds, audiovisual effects, gameplay, musical compositions, Virtual Items (as defined in Section 9), and other content within the Services. Content also includes anything created, developed, or otherwise enhanced within the Services by any user (including you) as a result of interacting with the functions of the Services. We also grant you a limited license to create gameplay videos for certain Games, as specified in the Services, but this gameplay video activity is entirely contingent upon your acceptance of and compliance with our Broadcasting Policy in Appendix C-1. We may, at our sole discretion, remove, edit, or disable any Content for any reason.

(b) Content Created Outside the Services. “User Content” means any Content that you (or other Game Account holders) create or obtain outside the Services and that you or another user makes available for use within the Services. For clarification, Content created within the Services is not User Content; only Content created or obtained outside the Services and made available by the user within the Services is User Content. By making any User Content available through the Services, you grant us the following license: a non-exclusive, transferable, worldwide, royalty-free license, including the right to use, copy, modify, create derivative works based on, distribute, publicly display, and publicly perform your User Content in connection with operating the Services and providing the Content to you and other users of the Services. You waive any “moral rights” or “droit moral” or similar rights in any country with respect to the User Content, unless prohibited by law. We may, in our sole discretion, remove, edit, or disable User Content at any time and for any reason, including if we determine that the User Content violates this EULA. We assume no responsibility or liability for User Content, for removing it, or for not removing it or any other Content. We do not pre-screen or review User Content and we do not endorse or support any User Content offered on the Services or our other services.

(c) Service Limitations Based on Your Location. We may restrict, modify, or limit your access to or use of certain Content, Virtual Items, an entire Game, or any or all of the Services based on your location. Without limiting the foregoing, Content, Virtual Items, the entire Game, or the Services may not be available (in whole or in part) in your location, or may only be available in a modified form, if they do not comply with the laws of your country. 

(d) Retail Purchases. We may offer codes or product keys that can be activated in a Game or used to activate a Game in the App Store. Subject to the exchange rate regulations in your jurisdiction, such codes or keys must have been purchased (or otherwise lawfully obtained) through us or one of our authorized resellers to be valid. If you purchase such a code or key from a third party, that third party is responsible for handling any issues you may have with those codes or keys. Subject to applicable law, we will have no liability for such codes or keys purchased from third parties, or if the purchase was made in violation of applicable exchange control regulations.

(e) Minimum Requirements. The Game may have minimum requirements for the devices and systems you wish to play the Game on. We may publish these minimum requirements on the relevant website and/or otherwise notify you in writing. For the best experience, please ensure your devices and systems meet these requirements before playing the Game. 

(f) Seizure Warning. The Game may contain flashing lights, images, and other light stimulations that may trigger epileptic seizures in some individuals. If you or anyone in your household has an epileptic condition, please consult your doctor before playing any Game. If you experience dizziness, blurred vision, eye or muscle twitching, loss of consciousness, disorientation, involuntary movements, or convulsions while playing the Game, please stop playing the Game immediately and consult your doctor. 

6. Player Behavior

We strive to ensure that all of our players and users feel safe and well while using our Services and playing our Games, and we want everyone to play by the same rules. Therefore, you are probably fine if you use our Services as intended, without cheating, using abusive language, being disruptive or disrespectful, or acting unfairly, but to be sure, read all the terms of this EULA.

With respect to the Services, as we have defined them, you agree not to do any of the following:

(a) use them commercially, for promotional purposes, or for the benefit of any third party, or in any way not permitted in this EULA; 

(b) use or provide unauthorized third-party programs that monitor, mimic, or redirect communication between us and the Services, or that collect information about the Game;

(c) Using or providing to anyone any ancillary offerings not provided by us (or by the function of the App Store) in the Services, such as hosting, “leveling” services, mirroring our servers, matchmaking, emulating, redirecting communications, mods, hacks, cheats, bots (or other automated controls), trainers and automation programs that interact with the Services in any way, tunneling, third-party program add-ons and anything that interferes with online or networked gameplay;

(d) accessing or using them from more than one device at a time;

(e) copying, reproducing, distributing, displaying, mirroring, framing or using them (or our other materials, intellectual property or proprietary information) in any way not expressly authorized in this EULA;

(f) To sell, rent, lend, license, distribute, or otherwise transfer the Services, the Game, or any Content, including but not limited to Virtual Items or Game Currency; to participate in or operate so-called “secondary markets” for Virtual Items, Game Currency, or Content;

(g) To attempt to reverse engineer (except as permitted by applicable local law), obtain source code from, modify, adapt, translate, data mine, decompile, or disassemble the Services or any Content, or to produce derivative works from them; 

(h) To remove, disable, circumvent, or alter any technological safeguards we implement to protect them or any related intellectual property;

(i) To create, develop, distribute, or use unauthorized software programs to gain an advantage in online or other game modes, or otherwise Cheat (as defined below); 

(j) To attempt to scrutinize, scan, or test the sensitivity of, or breach any security or authentication measures; 

(k) Accessing, tampering with, or using areas of the Services that are not publicly accessible; 

(l) Entering or attempting to gain access to property or a place where you are not permitted to be, or engaging in any activity that may result in injury, death, property damage, disturbance, or other liability;

(m) (i) Infringing, misusing, or violating a third party's patent, copyright, trademark, trade secret, contractual, moral, or other intellectual property rights, publicity or privacy rights, or other rights of third parties; (ii) Violating any applicable law or regulation, or encouraging any conduct that may violate such laws or regulations or that may give rise to legal liability; (iii) False, inaccurate, misleading, or deceptive; (iv) Grossly harmful, racially or ethnically unacceptable, defamatory, disrespectful of sacred matters, libelous, derogatory, obscene, pornographic, pedophilic, vulgar, or offensive; (v) Promoting discrimination, bigotry, racism, hatred, harassment, or harm to an individual or group; (vi) engaging in violent, bullying or threatening activities or promotions violence, money laundering or gambling, terrorism or any threatening or disrespectful acts against any person or entity; (viii) Uploading, publishing, posting or transmitting any User content that promotes illegal or harmful activities or substances, creating such a username or account name, or otherwise engaging in such conduct;

(n) (i) encouraging any conduct that violates or will violate applicable laws or regulations or give rise to any liability; (ii) being false, inaccurate, misleading or deceptive, including “trolling”; (iii) being defamatory, obscene, pornographic, vulgar or offensive; (iv) promoting discrimination, bigotry, racism, hatred, harassment or harm to an individual or group; (v) engaging in any conduct that is disruptive to the Game, the Application, its users or user community, violent, bullying or that promotes violence, terrorism or threatening or disrespectful acts against any person or entity; 

(o) interfering with or attempting to interfere with any user, host or network’s access to the Services or any of its users, including, without limitation, by sending viruses, overloading, raiding, spamming or mailbombing; 

(p) collecting or storing from the Services any information that can be used to identify a person, whether on its own or in combination with other information, from other users of the Services without their express consent; 

(q) acting, solely at our discretion, in a manner that is contrary to other users' enjoyment of the Services as we intended, including, without limitation, harassment, the use of abusive and offensive language, abandoning the game, sabotaging the game, spamming, behaving disruptively, engaging in social engineering or fraud, or acting contrary to the moral values ​​of the public or public policy; 

(r) impersonating any person or entity or misrepresenting your affiliation with them, or transmitting information that is misleading or misleading to the recipient about the source of such messages, or that is of a severely offensive and threatening nature; 

(s) using an IP proxy or other methods to conceal your place of residence, whether to circumvent geographical restrictions on the Services or for any other purpose; 

(t) playing games through another person's Game Account to "increase" the status, level, or rank of their Game Account; 

(u) using the Services in a manner that will negatively affect us or will negatively impact us or the Services, or will discourage any person from using all or part of the Services; 

(v) encouraging, supporting, participating in, or enabling any person to do any of the above, or

(w) violating any applicable law or regulation. If you encounter another user violating these rules, please report this activity to us using the “Report Abuse” function, if available, in the relevant Game or Service section, or contact us at berkeculturechessservice@gmail.com

7. Ownership of Services

Our Services, including our Content and Games, are owned by us or our licensors. Our Services may allow you to upload, publish, and store your own photos and other content. You retain ownership of this content, and we obtain a license to it.

We, our affiliates, and our licensors own all title, title, and intellectual property rights relating to the Services. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices included in or accompanying the Services. You understand and agree that you have no ownership rights in the Services, Games, or Content therein. The Services (and in particular our Games) may have internal mechanisms designed to prevent one user from being given an unfair advantage over others (such actions are called “Cheating” and the software is called “Cheat Detection Software”). We may periodically add to or update our Cheat Detection Software at our sole discretion as we deem necessary. The Services and/or Cheat Detection Software may collect and transmit details about your Game Account, your gameplay, and unauthorized programs or processes in connection with Cheating, subject to our Privacy Policy and applicable law. You acknowledge that we may exercise all of our rights under this EULA, including termination of this EULA and your access to the Services, if we determine in our sole discretion that you have cheated. Additionally, we may terminate your license to use all of our Games and Services if you have cheated in a Game or Service.

While we are not obligated to monitor access to or use of the Services, review or edit Content, we operate and publish the Services to ensure compliance with this EULA, to protect the health or safety of any person we believe may be at risk, and to protect our legal rights and We have the right to do this to protect our remedies, to report an offence or misconduct, or to comply with applicable law. We may remove or disable access to any Content at any time without notice (but we are not obligated to do so). We may investigate violations of this EULA or conduct affecting the Services (but we are not obligated to do so).

8. Virtual Items and Game Currency

In our games, we may offer certain cool features for a fee. We will require your special permission before charging your payment method. These features are ours.

(a) Purchasing or Acquiring Virtual Items and Game Currency. Subject to applicable currency control regulations in your jurisdiction, we may offer in-game currency (“Game Currency”), character outfits, mounts and vehicles, digital cards, experience boosters, equipment and other customizations for your in-game characters, and other upgrades and options, including but not limited to upgrades and options, which you can purchase with real-world currency, where permitted by applicable law. Game Currency and Virtual Items cannot be transferred from one game to another unless otherwise notified to you within the functionality of the game. You may also acquire certain Virtual Items and Game Currency without purchasing them, for example, as in-game rewards. When you purchase Game Currency, Virtual Items, or a Game itself (each a “Transaction”), your purchase will be made through the App Store or other platforms we make available to you. Before making a Transaction, you must ensure that you fully understand the agreement governing the Transaction, whether that agreement is an App Store Agreement or another payment platform agreement. There may be limits on the amount and number of Virtual Items, Game Currency you can purchase, or other aspects of your Transaction. For example, there may be a maximum amount of Game Currency you can hold (within the Game), a maximum purchase amount at a given time, or a maximum number of Transactions you can make per day; these additional restrictions may be communicated to you through the functions of the Services. From time to time, we may change, amend, or add to our applicable fees, billing methods, and terms for Game Currency, Virtual Items, or purchases, and we will publish such changes in this EULA, in separate terms and conditions, or in separate terms or agreements published on the relevant website or as part of the Game, or in any other way provided to you by us. Unless prohibited by law in your jurisdiction, these changes, amendments, additions, or terms will take effect immediately upon publication and will be incorporated into this EULA by reference. You may terminate your use of your Game Account at any time if any terms are unacceptable to you.

(b) Your License to Virtual Items and Game Currency. Virtual Items and Game Currency are digital items, and your use of them is subject to this EULA and the App Store Agreements. VIRTUAL ITEMS AND GAME CURRENCY HAVE NO MONETARY VALUE AND CANNOT BE EXCHANGES FOR CASH. VIRTUAL ITEMS AND GAME CURRENCY ARE NON-TRADABLE AND NON-TRADABLE, AND ARE NOT PROVIDED FOR INVESTMENT PURPOSES. Virtual Items and Game Currency are not for sale, they are licensed. Subject to your compliance with the terms of this EULA and the App Store Agreements, we grant you the following license: a personal, non-exclusive, non-transferable, non-sublicensable, limited right and license to use Virtual Items or Game Currency, whether purchased or otherwise acquired, solely in connection with your use in the Game and within the Game (unless we have not informed you that you may use them in multiple Games), but not for any other purpose. You may not buy or sell such Virtual Items or Game Currency with others unless expressly permitted by us in a particular Game. We may cancel, reclaim, or otherwise prevent the use of Virtual Items or Game Currency if we suspect unauthorized or fraudulent activity and/or to correct any misuse of Virtual Items or Game Currency in your Account. 

(c) Modifications to Game Currency and Virtual Items. Except when otherwise prohibited by applicable law, when we need to temporarily suspend the game for updates, when there is an emergency requiring us to disable our Services, or when we need to shut down the game entirely for economic or other reasons due to a limited number of users continuing to use online services over time, we may, at our sole discretion and without notice to you or liability to you, modify, replace, alter, suspend, cancel or remove any Game Currency or Virtual Items and your access to or ability to use Game Currency or Virtual Items.

WE, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR LICENSORS (“COMPANY PARTIES”) SHALL NOT FILE ANY CLAIM AGAINST (A) ANY CLAIM OF OWNERSHIP IN ANY GAME CURRENCY OR VIRTUAL ITEMS OR (B) A CLAIM FOR ALLEGED MONETARY VALUE OF GAME CURRENCY OR VIRTUAL ITEMS THAT HAS BEEN LOST, (I) THE DELETION OR SUSPENSION OF YOUR ACCOUNT, (II) ADJUSTMENTS RESULTING IN CHANGES IN THE VALUE OF VIRTUAL ITEMS OR GAME CURRENCY IN THE GAME, OR (III) ANY VIOLATION OF THIS EULA. YOU AGREE THAT YOU WILL NOT MAKE ANY CLAIM OR FILE A LAWSUIT REGARDING LOSSES ARISING FROM MODIFICATION, TERMINATION, OR EXPIRY.

9. Refunds

Subject to applicable law (as described in the country-specific annexes below) or App Store policy, (i) all Games, Virtual Items and Game Currency remain our property, have no monetary value and cannot be resold unless defective, unusable or not functioning according to the terms we provide, there is no refund and they are not eligible for any alternative compensation in the form of any “real world” money or anything of monetary value; (ii) we may terminate your license to these Games, Virtual Items and/or Game Currency at any time in accordance with this EULA without notice to you or at our liability to you, and (iii) by purchasing and using the Games, Virtual Items and/or Game Currency, except where the law in your jurisdiction provides for a non-waivable right of withdrawal, you waive your right of withdrawal from the contract by which you agree to purchase the related Game, Virtual Item and/or Game Currency, and you therefore agree that you will not be entitled to a refund (or alternative compensation) in connection with said Game, Virtual Item and/or Game Currency. In addition, you agree that any right of withdrawal shall terminate immediately upon purchase and delivery of your Game, Virtual Item and/or Game Currency, unless the law in your jurisdiction requires otherwise. This section does not affect your legal rights.

10. Beta Tests

From time to time, we may offer a beta version of one of our Services (a “Beta”). As the name implies, Betas are not commercially released versions, their proper functioning is not guaranteed, and they may cause other parts of your system to malfunction. In addition to the other terms of this EULA, you agree and consent to the following terms with respect to the license granted in Section 6 above to release the Beta (i.e., with respect to the permission you have to use the Beta):

(a) We may automatically delete or modify any information stored on your computer relating to the Beta at any time during the Beta test for any reason;

(b) We may terminate the Beta test at any time, in which case you may not be able to play the Beta or the Beta may not function properly. When we terminate a Beta, you must delete your local copy of the Beta on your computer and all documents and materials you received from us in connection with the Beta;

(c) Use of the Beta is subject to the privacy practices of that Beta and all its elements. “Confidential Information” means any information disclosed to you by us or accessed or provided by you in connection with the Beta (including feedback provided and the Game itself). You agree that: (i) you will not use the Confidential Information except as necessary to use the Beta according to this EULA; (ii) you will keep the Confidential Information in absolute security and will in any event express reasonable care to protect it, including but not less than the same degree of care you exercise to protect your own information; (iii) you will not disclose the Confidential Information to any person or entity except with our permission; and (iv) you will not make any public announcements relating to the Beta or the Service, including publishing or disclosing any information relating to the Beta (e.g., screenshots and features), without our prior written consent; we may give or withhold consent at our sole discretion. (d) Our termination of a Beta does not constitute grounds for any kind of refund, and your participation in the Beta does not entitle you to any Content and Game Currency or any free Services.

If we release a full (non-Beta) version of a particular Game, we may allow you to continue using the Game in its full version upon release. If we do so, your continued use of the Game will no longer be subject to this Section 11 but will continue to be subject to the rest of this EULA.

11. App Store; Console Games

Additional terms may apply if a Game is provided to you through the App Store or if you are playing the Game on a console.

Where a Game is provided to you through the App Store (whether on your mobile device or console), you agree to and accept the terms of Appendix B-1 relating to that Game.

12. Feedback

Good or bad, we love to hear your feedback. It helps us to get better! But when you provide feedback, we need to feel free to use it as we see fit without paying you.

We welcome your feedback, comments, and suggestions for improvements to our Services (“Feedback”). You can send Feedback to us via email at berkeculturechessservice@gmail.com or through the functions in the Services (if any). If you provide Feedback, you grant us the following license: a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully paid, royalty-free license to use, copy, modify, create derivative works based on, distribute copies of, perform publicly, display publicly, or otherwise benefit from the Feedback for any purpose in any country, including sublicensing under any intellectual property rights you own or control. This license shall not terminate or expire even if we do not exercise our rights under this license within one year. If, under applicable law, you have rights in your Feedback that you cannot license to us (such as moral rights and other personal rights), you hereby waive and agree not to assert such rights. You understand and agree that you provide your Feedback freely, that we are not obligated to use it, and that you will not receive any compensation for your Feedback in any way. You represent and warrant that you have sufficient rights to grant us and other affected parties, without limitation, the rights described above, including intellectual property rights or publicity or privacy rights, in your Feedback.

By submitting Feedback, you warrant that your feedback complies with this EULA and that you will not use obscene or offensive language or submit any material that is defamatory, abusive, or hateful, infringes on someone's privacy, is harmful to other users, or is, or potentially is, a violation of applicable laws.

13. DMC/Copyright Policy

We comply with copyright law and expect our users to do the same. It is our policy to terminate the Game Accounts of users who consistently infringe or are believed to consistently infringe the rights of copyright holders under appropriate conditions.

14. Third-Party Websites and Resources

External links are for your convenience but we cannot guarantee them.

The Services may contain links to third-party websites or resources. We provide these links solely for convenience and are not responsible for the content, products, or services on those websites or resources, or for the links provided on those websites. You assume sole responsibility for your use of third-party websites or resources and assume all risks arising therefrom.

15. Data Charges and Mobile Devices

Reminder that you are responsible for any data-related charges you may incur while using our Services.

You are responsible for all data-related charges you may incur for the use of our Services, including, without limitation, mobile, messaging, and data charges. Before using the services, you should understand what the fees might be or ask your service provider.

16. Service and EULA Changes

When we update this EULA, you must accept the updated version to continue using our Services. We also need the liberty to update any part of the Services as we see fit; therefore, we are notifying you that we may do so at any time.

We may update this EULA at any time we deem it necessary (but we are not obligated to do so). Subject to applicable law, if we do so, you will be required to accept the updated EULA the next time you access the Services or when the updated EULA is otherwise communicated to you. You must accept these updates to continue using the Services.

We may provide patches, updates, or upgrades to the Services that are necessary for you to continue using the Services. We may update the Services remotely without notifying you, and by this document you consent to us applying these patches, updates, and upgrades. If your device may block automatic updates, you will not be able to access the Services until you manually update them on your device. We may modify, suspend, discontinue, replace, change, or restrict your access to any element of the Services at any time. Subject to applicable law, you understand that character data, game progress, game customization, or other data relating to your use of a particular Game, and other elements specific to the Services, may cease to be available to you at any time without notice from us, including, without limitation, after a patch, update, or upgrade is applied by us. You acknowledge that we have no obligation to maintain or support the Services.

Subject to applicable law, we may change the price of the Services, Games, Virtual Items, Game Currency, or Content for any reason, without notice to you or liability to you.

17. Disclaimer of Warranties

We make no warranties regarding the Services.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” WITHOUT ANY WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREMOST, THE COMPANIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FITNESS FOR CONVENIENCE, AND NON-INFRINGEMENT, AND WARRANTIES ARISING FROM THE COURSE OF BUSINESS OR TRADE CUSTOM. The Companies do not guarantee that the Services will meet your requirements or will be available without interruption, security, or errors. The Companies do not guarantee the quality, accuracy, timeliness, truthfulness, completeness, or reliability of the Services.

18. Limitation of Liability

This section limits what you can obtain from us in a dispute.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THIS EULA OR THE SERVICES OR FROM DELAYS, INABILITY TO USE THE SERVICES OR FAILURE TO FUNCTION IN THE SERVICES, IN FACT THAT

(a) LOSS OF PROFITS,

(b) LOSS OF REVENUE,

(c) LOSS OF SAVINGS,

(d) LOSS OF DATA, OR

(e) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES

WHETHER ARISING FROM THE FAULT OF ANY PARTY TO THE COMPANY, INCLUDING TORT, STRICT LIABILITY, DAMAGINGS, PRODUCT LIABILITY, BREACH OF CONTRACT, OR WARRANTY. EVEN IN THE EVENT OF A VIOLATION, THE COMPANY SHALL NOT BE LIABLE, EVEN IF IT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF THE COMPANY PARTIES ARISING FROM OR IN CONNECTION WITH THIS EULA OR THE SERVICES SHALL NOT EXCEED: (A) THE TOTAL AMOUNTS PAID BY YOU (IF ANY) OR TO BE PAID FOR THE SPECIFIC GAME OR SERVICE IN QUESTION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENTS GIVING RISE TO SUCH LIABILITY; OR (B) IF (A) IS NOT APPLICABLE, FIFTY DOLLARS ($50 USD). These limitations and exclusions regarding damages apply even when a remedy does not provide adequate redress and are essential elements of the basis of our negotiation.

Notwithstanding the foregoing, some countries, states, provinces, or other jurisdictions do not allow the exclusion of certain warranties or limitations of liability as described above, so the above terms may not apply to you. Instead, in those jurisdictions, the above exclusions and limitations will apply to the maximum extent permitted by the laws of that jurisdiction. Furthermore, you may have additional legal rights within your jurisdiction, and nothing in this EULA shall prejudice such rights you may have as a consumer of the Services.

19. Indemnification

You agree to defend us or pay our costs in any lawsuit brought against us based on your breach of this EULA or your access to/use of the Services.

You agree to indemnify (in other words, to hold harmless) the Company Parties and their employees, officers, directors, agents, contractors and other representatives from (i.e., to indemnify) their costs, to pay their defense and indemnify them from all claims, demands, lawsuits, losses, liabilities, costs and expenses (including, without limitation, attorneys' fees, costs and expert fees) arising out of or in any way connected with any claim that constitutes (a) your access to or use of the Services or (b) a breach of this EULA by you, if true. You agree to reimburse us for any payments we make or damages we suffer in respect of any matter covered by this Section 20, whether in a court judgment or a settlement.

20. Termination

We reserve the right to terminate this EULA as we deem appropriate under applicable law. Reasons for terminating this EULA include, without limitation, if we reduce our game offerings in your region, if you violate this EULA, or if the App Store terminates your App Store Account.

To the fullest extent consistent with applicable law, we may suspend, modify, or terminate your access to and use of the Services, including any Game, Virtual Item, or Content, without notice to you and without liability to you, if: (a) we cease to provide the Game to players in a similar location in general; (b) you violate the terms of this EULA (including the App Store Agreements and our other policies set forth in this EULA); or (c) the relevant App Store owner terminates your App Store Account; or (d) we, in our sole discretion, deem it necessary to suspend or modify your access to and use of the Services or to terminate this EULA. You may terminate this EULA by deleting and uninstalling the Game from all your devices or by deleting your App Store Account. Suspension or modification of your access to and use of the Services will result in your inability to access or use some or all of the features of the Services, in a manner we will determine solely at our discretion. Upon termination of this EULA, any rights granted to you will automatically cease, and you may no longer exercise any of these rights or this EULA. Subject to applicable law, we may, at our sole discretion, provide continued access and use of the Services after such termination.

Where required by applicable law, termination of this EULA does not require a court order or prior notice by a public official to be valid.

Except where required by applicable law, all payments and fees are non-refundable under any circumstances, whether or not this EULA is terminated.

The following sections will remain in effect after the termination of this EULA: 8 (first two sentences only), 13, 19, 20, 22 to 25, and this sentence in Section 21.

21. Dispute Resolution and Applicable Law

You agree to be governed by the laws of Singapore. We agree that if a dispute arises between us, we will resolve it through arbitration, with each party bearing their own costs.

(a) Applicable Law. You agree that any dispute, disagreement, difference or claim arising out of or relating to a Game, Services or their existence, validity, interpretation, performance, breach or termination, or any disputes relating to non-contractual obligations arising out of or relating to a Game or Services (collectively, “Disputes”) shall be resolved in accordance with the laws of Singapore, without regard to choice of law rules and without including the United Nations Convention on Contracts for the International Sale of Goods of 1980. No law or regulation providing that the language of a contract shall be interpreted against the person who wrote it shall apply to this EULA. 

(b) Resolution of Disputes. Disputes shall be referred to arbitration and shall be definitively resolved by arbitration in accordance with the ISTAC Rules of Arbitration in force on the date of notification of arbitration by the Istanbul Arbitration Centre (“ISTAC”); those rules are annexed to this clause by reference. 

(c) Arbitration Rules. Arbitration shall be conducted in accordance with the laws of the Republic of Turkey, the place of arbitration shall be Istanbul, and the language of the proceedings shall be English. The panel shall consist of three (3) arbitrators, one arbitrator nominated by each party within thirty (30) days of the notification of arbitration. The appointment of said arbitrators shall be certified by ISTAC, and both arbitrators shall be tasked with appointing the third arbitrator within ten (10) days of their certification by ISTAC and shall agree on the third arbitrator. If either party fails to appoint an arbitrator, or if the two arbitrators fail to agree on the third arbitrator within ten (10) days, the arbitrator(s) shall be appointed by the Secretary-General of ISTAC. The arbitrators shall award only the damages for which they are permitted to award under this EULA. 

(d) Costs. The parties shall pay their own costs and expenses of this arbitration (including, without limitation, attorneys' fees), but the parties shall share the fees and expenses of the arbitrators equally. 

(e) Provisional Measures. Notwithstanding anything to the contrary in this EULA, either party may at any time apply to a court with jurisdiction for an injunction or other statutory or justifiable measure.

22. Prohibition of Assignment

You may not assign or transfer this EULA to anyone.

You may not assign or transfer this EULA by virtue of law or otherwise without our prior written consent. Any attempt to assign or transfer this EULA without such consent shall be null and void. Notwithstanding the title of this Section, we may freely assign or transfer this EULA without restriction. Subject to the foregoing, this EULA is binding on and in the interest of the parties, their successors and permitted assignees.

23. Miscellaneous Provisions

This EULA is our entire agreement (no other promises are made). The official version is in Turkish. Where some parts of this EULA are not valid, the remainder will continue to be valid as far as possible. Our enforcement of some parts of this EULA does not mean that we will not enforce them in the future or exercise our other rights. Furthermore, no one other than you and us, except for App Stores, can enforce this EULA.

25. Privacy And Data Collection

The application uses third-party advertising services (including Google AdMob). These services may collect data such as device identifiers and advertising ID in order to provide you with personalized content. You may manage your advertising preferences through your device settings.

The application uses Google Firebase Analytics to improve app performance and user experience. This service may collect anonymous analytical data such as app usage statistics, session durations, and user interactions. Data collected is subject to Google's privacy policy.

The application may share data collected from users with third parties. Collected data may include: device information, app interaction data, and advertising ID. Users may exercise their rights regarding the processing of their personal data within the framework of applicable privacy legislation.

(a) Entire Agreement. This EULA and any other document or information referenced in this EULA constitute the entire and exclusive understanding between you and us regarding the Services and supersede all prior oral or written agreements or contracts between you and us regarding the Services. (b) Language. The original language of this EULA is English; translations are provided for reference purposes only. To the maximum extent permitted by applicable law, you waive any rights you may have to have this EULA written or interpreted in another language. (c) Severability. This EULA describes certain legal rights. You may have other rights under the laws of your jurisdiction. This EULA does not alter your rights under the laws of your jurisdiction, unless the laws of your jurisdiction permit such action. As stated above, the limitations and exclusions of the warranties and remedies in this EULA may not apply to you because your jurisdiction may not permit them in your particular situation. If a court or a body with jurisdiction determines that certain provisions of this EULA are unenforceable, those provisions shall be enforced only to the fullest extent possible under applicable law, and the remaining terms of this EULA shall remain in full force and effect. (d) No Waiver. You and your actions or inactions shall not create any rights under this EULA other than those expressly set forth in this EULA. Our failure to enforce any right or provision of this EULA shall not be deemed a waiver of such right or provision. A waiver of such right or provision shall be valid only if it is in writing and signed by one of our duly authorized representatives. Except as expressly set forth in this EULA, the exercise of legal remedies under this EULA by any of the parties shall not prejudice any other legal remedies under this EULA. (e) Your Status. You are not, or acting on behalf of, one of the following: a. Subject to sanctions or export restrictions held by the United Nations, the People's Republic of China, the United States (e.g., the Specially Designated Nationals and Blocked Persons List ("SDN List") or the Entities List), the United Nations Security Council, the United Kingdom (including the Consolidated List of Financial Sanction Targets), the European Union and any Member State of it (including the Consolidated List of Persons, Groups and Entities Subject to Financial Sanctions), or any other list of restricted persons held by any competent authority having jurisdiction over you (any person so listed is a "Prohibited Person"); b. Operating from, located in, or residing in a country or territory that is the target of comprehensive sanctions ("Embargoed Territories"). (f) General Trade Harmonization. In connection with your use of the Services, you will comply with all applicable export and economic sanctions laws and regulations of the United Nations, the People's Republic of China, the United States, the European Union, the United Kingdom, and other relevant governmental authorities (collectively, "Trade Laws"). You agree not to engage in any activity in connection with your use of the Services that would violate the Trade Laws or put us at risk of violating any Trade Laws. If we have reasons to believe that you are a Prohibited Person, that you are located in or reside in an Embargoed Territory, or that you are otherwise engaged in activities that violate the Trade Laws or put us at risk of violating the Trade Laws, we may, in our sole discretion, take any appropriate measures, such as requiring you to cease the conduct that violates the Trade Laws, deactivating or suspending the Services, terminating the Services with immediate effect, or other compensatory actions. (g) Third Party Rights. Except as set out in Section 12, a person who is not a party to this EULA shall not have the right to enforce any terms of this EULA.

24. Contact Information

If you have any questions about this EULA or the Game, please contact us at our Support Email Address: berkeculturechessservice@gmail.com

Appendix B-1: App Store Terms

If you download a Game from the App Store, you acknowledge and agree, notwithstanding anything to the contrary in this EULA, that:

We are solely responsible for the Game, not the App Store. The App Store has no obligation to provide any maintenance or support for the Game. If the Game does not meet its warranties (if any), you must notify the App Store, and the App Store will refund you the purchase price of the Game (if any), and to the maximum extent permitted by applicable law, the App Store will have no other liability with respect to the Game. Any other claims, losses, liabilities, damages, costs, or expenses attributable to non-compliance with any warranty will be solely our responsibility. The App Store shall not be liable for, without limitation, any claims, losses, liabilities, damages, costs, or expenses related to the Game or your possession and use of the Game, including: (i) product liability claims; (ii) We will not be responsible for handling claims of yours or any third party, including claims that the Game does not comply with any applicable legal or regulatory requirements, and (iii) claims arising under consumer protection or similar legislation. If a third party claims that the Game or your possession and use of the Game infringes that party's intellectual property rights, we are solely responsible for investigating, defending, resolving, and dismissing such infringement claims to the extent required by this EULA. The App Store and its affiliates are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, the App Store, as a third-party beneficiary, shall have the right to enforce this EULA against you. You represent and warrant that: (i) you are not located in a country subject to a Turkish Government embargo or designated by the Turkish Government as a state sponsor of terrorism; and (ii) you are not on any Turkish Government prohibited or restricted parties list.

You must also comply with all applicable third-party terms of service or similar agreements when using the game.

Appendix C-1: Publication Policy

Introduction. We hope you enjoy our games and we support your interest in creating gameplay videos (“Videos”) in which you share your gaming experiences with others, whether live or recorded, using visuals, sound effects, in-game music, or other assets from our games (“Content”). However, please note that in most cases, using our Content without our permission is illegal and constitutes an infringement of our rights. This policy informs you about the limited rights we grant you to share your experience with our Content publicly in your Videos.

Your use of our Content in Videos must be limited to non-commercial purposes, except as expressly stated in this Publication Policy: You may use our Content in Videos only for non-commercial purposes, unless expressly stated otherwise under this Publication Policy. In that case, you may not license your Video using our Content to any company or person for a fee or other consideration, or otherwise subject it to other commercial use without first obtaining our written authorization to do so. We reserve the right to use our Videos for commercial purposes. Furthermore, your videos that utilize our content must, at our sole discretion, contain commentary, gameplay, or sufficient originality to make it educational or promotional. Examples of videos that do NOT meet this policy include clips of scenes cut from games or recordings of music from a particular game (without any commentary on the cut scene or music).

However, provided you comply with other sections of this Publishing Policy, we may allow you to receive payment through the following two methods: Monetizing your video through advertisements displayed on a platform such as YouTube or Twitch that hosts your video utilizing our content (“the Platform”). Receiving donations through a donation link published in your profile or video description on the Platform.

How you can distribute your video: Subject to the terms of the applicable EULA and this Publishing Policy, you may create Videos using our Content and freely distribute such Videos on websites where viewers are permitted to view them without any charge. We understand that some websites offer paid services. If the website hosting these Videos provides a free method for viewers to watch them, you may also distribute the Videos on those websites.

What you may not include in your Video using our Content: You may not include (or link to) any content that is prohibited as User Content under the EULA, including: Anything that implies that the Video was produced by us or that we endorse you or your Video (unless you have an endorsement relationship with us under a separate written or other contract); Cheats, hacks, abuses, software bugs, or third-party programs, or links to any of these, or Uses of our Content that violate applicable law or defame us or that, in our discretion, may harm the value, goodwill, or reputation of us, our affiliates, our products, our Content, or our brands. Any conduct or behavior that is contrary to public morals and ethics.

Ratings – Keep your videos compliant as follows: Your video must comply with the rating guidelines of the game to which it relates and in no event contain content that violates the Entertainment Software Rating Board (“ESRB”) “T” rating or the Pan European Gaming Information (“PEGI”) “16” rating.

Disclosure – You must attribute us as the copyright owner of our Content and refuse to endorse:

Some important additional information: We may terminate your right to host, distribute, or otherwise make available a Video that utilizes our Content for business or other purposes without notice to you or liability to you, as determined solely by us. In such cases, we may (but are not obligated to) contact you or the relevant websites or platforms regarding the termination of the rights to this Video.