1. Preamble

These Terms of Use (the “Terms”) set forth legally binding terms and conditions that govern your access to and use of https://playfundle.com (the “Website”), and the services, the games and materials offered thereon, and any other content, media, social media accounts linked to or otherwise associated therewith, including any portions thereof available only to our registered users (collectively, the “Services”).

The Services are owned, operated, and distributed by Mixer Oyun Yazılım ve Pazarlama Anonim Şirketi, a company validly incorporated and legally existing in Turkey with a registered address of İçerenköy Mah., Değirmen Yolu Cad., No:35, Door No:1, Ataşehir, İstanbul (hereinafter referred to as “Mixer”, “Company” “we” and by similar words such as “us”, “our”, etc.).

​By accessing or using the Website, you acknowledge that you have read, understood, and agreed to be bound and abide by the provisions set forth in these Terms. In case of not accepting these Terms (or any part thereof) or the Privacy Policy (Section 19), you shall cease your access and/or use of the Website immediately.

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2. Future Amendments to the Terms

We reserve the right to withdraw or amend the Website, and any material or content we provide on the Website, at our sole discretion without any notice.

We reserve the right to update and modify these Terms by providing Users with notice of updates and modifications. In this regard, we will notify you by pop-ups on the Services or any other communication channels at least 30 (thirty) days before the date on which the updates, modifications, or amendments on the Terms will enter into force. If you do not agree with the change(s) of these Terms, you may terminate these Terms immediately by discontinuing your access or use of the Services. If you continue to access or use the Services after the update, we will consider you as accepted in the amended Terms. These Terms shall also apply, including without limitation to any new functions, features, or tools added to the Services.

The up-to-date version of these Terms can be accessed here at any time. It is in your best interest to regularly check the Terms for any updates, modifications, or amendments that might affect you.

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3. Definitions

User

A natural person who accesses or uses the Services offered by Mixer.

 

Force Majeure Event(s)

Floods, earthquakes, or other comparable elements of nature or acts of God, wars, civil disorders, or revolutions in any country affecting the operations of Mixer, or any other event beyond the reasonable control of the non-performing Party including without limitation failures of the internet or any public telecommunication network, denial of service attacks, viruses, or other malicious software attacks, given that the default or delay could not have been avoided or prevented.

 

Intellectual Property Rights

Any and all tangible and intangible (a) rights associated with works of authorship, including but not limited to copyrights (including without limitation the sole and exclusive right to prepare “derivative works” of the copyrighted work and to copy, manufacture, reproduce, distribute copies of, modify, publicly perform and publicly display the copyrighted work and all derivative works thereof), moral rights, and mask-works, (b) rights in and relating to the protection of trademarks, service marks, trade names, goodwill, rights in packaging, rights of publicity, advertising rights and similar rights, (c) rights in and relating to the protection of trade secrets and confidential information, (d) patents, designs, algorithms and other industrial property rights and rights associated therewith, (e) other intellectual and industrial property and proprietary rights relating to intangible property that are analogous to any of the foregoing rights (including, without limitation, logos, character rights, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license or otherwise, and (f) rights in and relating to the sole and exclusive possession, ownership and use of any of the foregoing throughout the universe, including without limitation, the right to license and sublicense, franchise, assign, pledge, mortgage, sell, transfer, convey, grant, gift over, divide, partition and use (or not use) in any way any of the foregoing now or hereafter.

 

Services Content

Any type of creative or technical content created within the Services by Mixer including but not limited to source code algorithms, technical features, designs, trade dress and drawings.

 

Fundle

Fundle is a dynamic mobile game hub where you can dive into a diverse world of games, all while using a single profile. It's a digital social space where you can interact with friends, compete with others, and even express your unique identity by creating a personalized avatar that looks just like you.

 

Fundle App

A mobile application that will be developed, owned and operated by Mixer which can be downloaded from online application stores like App Store, Google Play, to enjoy the products and services that are offered by Mixer.

 

Fundy

An in-game currency issued by Mixer, to be used for entrance fees to in-game features like tournaments, challenges, and customization purchases.

 

Game(s)

All games with all its designs, source codes, software and all other contents, compatible for each platform such as iOS and Android to be developed and designed by the Developer to be published on Fundle including all content (digital or otherwise), any and files, all text, information, data, graphics, Game items, elements, its software applications, images and sounds and all related Intellectual Property Rights, its updates and corrections, as requested by Mixer.

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4. Coverage and Usage of Services

 

Access

Users can access the Games offered by Fundle by downloading the Fundle App from the Apple Store and Google Play Store platforms.

 

Registration

Upon the entrance to Fundle, Users can register for a new account, log in to their existing accounts, and access the Terms of Use and Privacy Policy. Users can sign in to Fundle using one of the social media login options offered by Mixer. During the registration process, Users may choose a username, age, gender, and avatar at their discretion since these selections are optional. Users may obtain an automatic username.

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Avatar

To create an avatar, Users benefit from a third-party application, Ready Player Me, without leaving the Game. Mixer does not control the data processes in the avatar creation process and does not store any related data in that process. Mixer only uses avatar-related data obtained from Ready Player Me. Users accept that they will not hold Mixer responsible for any problems arising from their use of Ready Player Me. It is not mandatory to create an avatar by sending a picture to Ready Player Me to make use of Fundle.

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Games

Users can access Games generated by various developers on the homepage of Fundle. Before playing the Game, the Users can access the features and related information regarding the Game including the name of the developer, preview of the Game, like counts, share counts and add the Game to the account. Users can add the Games to the “My Bundle” section and access them more easily. Users can play the Games alone or with their friends. The Games available on Fundle are offered by Mixer or by developers contracted with Mixer.

 

Friends and Chat

Users can send friend invitations to other Users using their usernames. In order to become friends, the invitation recipient User must accept the invitation. Through the Fundle App, Users may view their friends' profiles and send a request to play Games against each other. Game requests can be used to attract new players or to re-engage existing Users. Requests are always private and can only be seen by the recipient. Users can send, view messages and delete them from the chat section of Fundle.

 

Shop

Users can purchase Fundy and load it to their balance by using the payment structure of Apple Store or Google Play Store on the Shop section of Fundle. Users can use Fundy to cover entrance fees to in-game features like tournaments, challenges, and customization purchases.

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Rewarded Advertisements (Rewarded Ads)

Users may be offered rewarded ads in exchange of an in-app reward by Fundle. It is at User's discretion to view these advertisements. Rewarded ads are opt-in, which means it is at the Users' discretion to choose whether or not they want to watch the ad.

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5. Communications

By using the Services, you affirmatively consent to pop-up notifications on the Services regarding important announcements and other administrative communications related to your use of the Services, as well as certain marketing and other advertising activities of Mixer and third-party advertising partners, as more fully set forth in our Privacy Policy(Section 19). You will be able to opt out of receipt of certain notifications by following the instructions described in our Privacy Policy; however, if you do not wish to receive certain administrative notifications related to the Services, your only way to opt out of such messages is to cease using the Services.

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6. Rights and Obligations of the Users

Users agree to be liable for all activities that they carry out through Services and agree to always keep the safety and privacy of wallet credentials. Mixer cannot be held responsible for any loss or damage occured from an unauthorized entrance by persons who have gained access to your account (including, without limitation, minors or unauthorized third parties). As a User, if you become conscious of or reasonably suspect any violation of safety, including without limitation any loss, theft, you must promptly notify us.

If you provide any information that is untrue or inaccurate, not current, or incomplete, or if the Company suspects that your information is untrue or inaccurate, not current, or incomplete, the Company may, in its sole discretion, reject, suspend, and refuse your current or future access to any Service. Any personal information supplied hereunder will be subject to the terms of our >Privacy Policy(Section 19)

Mixer may from time to time add registration data requirements and information fields required to become a User, and you agree to promptly complete any such additional or modified information fields when and as requested by Mixer. Users are required to end the access to the Services if they do not agree to fulfill those requirements and fill the fields.

If you are signing up for the Service on behalf of any other person, then you represent and warrant that you have the right, authority, and capacity to enter these Terms on behalf of the entity that you represent.

You also agree to ensure that you exit from your account at the end of each session. You acknowledge and accept that you will take any necessary measures when accessing your account from a public or shared computer so that others are not able to view or record your password or any other personal information. We have the right to disable any password, or other identifiers, whether chosen by you or provided by us, at any time, including if, in our opinion, you have violated any provision of these Terms.

By accepting these Terms, the Users agree the fulfill the Anti-Money Laundering (AML) and Know Your Customer (KYC) requirements of Mixer, which may be applied to the Users or may be requested by Mixer at any time.

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7. Access to Website and Availability of Services

Saving the exceptions defined under Section 8 of the Terms, the User shall have unlimited access to the Services pursuant to these Terms. Mixer shall make commercially acceptable attempts to guarantee the accessibility of the Services during maintenance of or introduction of new integrations to the Services, except that Mixer shall not be liable for, (i) planned downtime, or (ii) any unavailability precipitated directly or indirectly by conditions beyond Mixer’s reasonable control including a Force Majeure Event or any violation of these Terms by the User.

Subject to the fulfillment of the Users’ obligations under these Terms, the Company will grant the User access to all the Services provided by Mixer under this Term and the Services.

Mixer reserves the right to change, modify, or otherwise alter the functions of the Services hereunder after the notification of the User or lack thereof.

8. Limitations on Use of the Services

You are solely responsible for all of your interactions with the Company or the Services on or through the Services. Our goal is to ensure a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other Users or to us.

While using the Services, you may not:

• defame, abuse, harass, stalk, threaten, or otherwise violate legal rights (e.g., rights of privacy and publicity) of the Company, or use information learned from the Services to defame, abuse, harass, stalk, threaten, intimidate, or mislead, or otherwise violate legal rights of the Company or any other person;

• breach any international, federal, or local legislation, regulation, rule, or ordinance;

• contact the Company to share an information that is defamatory, profane, infringing, obscene, unlawful, offensive, and/or harmful, or that advocates, endorses, condones, or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;

• use the Services other than for their intended purpose and/or for any purpose in violation of applicable local, state, federal, or international law;

• advertise to, or solicit, any user to buy or sell any products or services, or use any information obtained from the Services to contact, advertise to, solicit, or sell to any user without their prior explicit consent;

• submit any content linking to multilevel marketing schemes, pyramid schemes, or off-topic content;

• post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or any other personally identifiable or private information from any User;

• spam, phish, pharm, pretext, bot, crawl, or scrape the Services for any scandalous, obscene or immoral purpose;

• interfere with or circumvent the safety measures of the Services;

• attempt to reverse engineer, de-compile, hack, disable, interfere with, disassemble, copy, or disrupt the integrity or the performance of the Services;

• restrict or inhibit any other User from accessing and using the Services;

• use a robot, spider, manual, and/or automatic process, or device to data-mine, data-crawl, scrape, or index the Services in any manner;

• hack or interfere with the Services, its servers, or any connected networks;

• adapt, alter, license, sublicense, or translate the Services for your own personal or commercial use;

• modify or otherwise make derivative works of the Services, or reproduce, distribute, or display the Services except as expressly permitted under these Terms;

• use the Services to collect registration information of other Users by electronic or other manipulative means as well as use the Services to harvest, collect, scrape, gather, or assemble information or data regarding other Users, including email addresses, without their consent;

• remove or modify, visually or otherwise, any copyright, trademarks, or other proprietary marks and rights owned by the Company;

• use the Services in a manner which is false or misleading (directly or by omission or failure to update information) or for the purpose of accessing or otherwise obtaining the Company’s trade secrets for public disclosure or other purposes;

• use, transfer, distribute, or dispose of the Services in any manner that could compete with the business of the Company; or

• advocate, encourage, or assist any third party to engage in the foregoing restricted activities.

Any use of the Services by violating the principles listed above without the prior written permission of the Company is strictly prohibited and will terminate these Terms and your access to the Services automatically. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and the Mixer will take appropriate investigative and legal action for such illegal or unauthorized use.

You are required to inform the Company immediately in case anyone makes or threatens to make a legal claim against you relating to your use of the Services. If we request, you shall confirm such claim in writing and cease to access or use the Services. In such case, we reserve the right to forward details to the appropriate regulatory authorities, as well as the courts, if we are asked to do so.

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9. Data Protection and Privacy

Mixer hereby represents and warrants compliance with relevant and applicable legislations, rules, regulations, directives, and guidelines on the compilation, use, and disclosure of information and data gathered from or about the Users relevant to access or use of the Services (jointly, the “Rules”).

The Rules include without limitation (i) Turkish Law on Protection of Personal Data (“KVKK”), (ii) United Kingdom General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018 (“DPA”), (iii) Data Protection Directive and the General Data Protection Regulation (“GDPR”), and (iv) if applicable, United States federal and relevant state laws with regards to data collection and data privacy including California Customer Privacy Act (“CCPA”); or any other Rules of another jurisdiction or rules, laws or any other part of the legislation issued by the relevant data protection authorities, and any amendments and changes thereof or laws as may be repealed or succeeded.

Any personal information that you provide to us is subject to our Privacy Policy. Please review the Privacy Policy(Section 19) for more information about how we collect and use personal information.

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10. Representations and Warranties

Each Party hereby represents and warrants to the other Party that, (i) such Party has the necessary power and authority to be bound by these Terms; (ii) compliance with these Terms and fulfillment of the obligations hereunder do not and will not, to the best of each Party’s knowledge, violate any other agreement to which it is a party; (iii) no other restriction, limitation or contractual or statutory obligation exists preventing a Party from fulfilling its obligations hereunder; and (iv) these Terms constitute a legal, valid and binding obligation when agreed upon by both Parties.

Mixer hereby represents and warrants to the User that, (i) it will have all necessary rights, licenses, permissions, know-how, expertise, and experience needed to operate the Services hereunder; (ii) is the sole proprietor of the Services and the Intellectual Property Rights (to the extent permitted in these Terms) on the Services and has all legal rights, licenses, and authority to provide the User with the Services as stipulated herein; (iii) the Services shall also comply with all relevant legislations and regulations when used by the User in accordance with these Terms.

The User represents and warrants that (i) all information User shares with Mixer (if any) is true, accurate, current, and complete, (ii) User is the sole owner of all rights, titles, and interests in, or have obtained all necessary rights and licenses from the applicable owner of, any information User shares with Mixer (if any), and (iii) such information, when used for the purposes in which it is submitted onto Mixer, does not infringe the rights of any third party, including without limitation, Intellectual Property Rights, proprietary rights and rights of publicity/privacy. The User also acknowledges and agrees that s/he will be solely responsible for all information that s/he share with Mixer (if any) and will use the Website solely for the permitted purposes as defined by these Terms and shall not interfere with the integrity or performance of the Services as articulated by the section of Limitations on Use of the Services.

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11. Disclaimer and Warranties

The Services is intended solely for personal and non-commercial use by you. Any use of the Services other than for personal and non-commercial purposes is strictly prohibited.

The Users under the age of 18 may not access certain Games of the Services. The Games that cannot be attained by those under the age of 18 will be clearly stated by Mixer to the Users. Users must be age verified to enter such Games. If the age verifying User is over 18, they can access such Games, otherwise that Games will not be listed in their library again until the user turn 18. Mixer has the right to deny all Services and access to the Users under the age of 18 regarding these parts unconditionally. Any claims by the Users under the age of 18 in these Terms will be considered null and void.

The Users acknowledge and declare that their funds come from legitimate sources and do not generate from illegal activities.

Nothing on the Website constitutes a promise, offer, commitment, recommendation, financial advice, guidance on investment, or anything like these, the User shall be aware of the fact that Mixer does not promise, commits, or is obliged to anything, and the expressions on the Website cannot be interpreted in a way that they are an offer, advice, guidance on investment or anything like these. The Users should not invest in any tokens, projects, or opportunities based solely on this information.

It is Users’ responsibility to abide by local laws in relation to the legal usage of the Services of Mixer in their local jurisdiction as well as other laws and regulations applicable to Users.

Except as expressly set forth herein, Mixer does not warrant, or make any representation regarding (i) the results obtained from benefiting the content of the Website will be wholly accurate, entirely reliable, complete or truthful, or (ii) the quality of any Service, information, or other material acquired or obtained by the User through the Website will meet his/her expectations, and (iii) the Website will be provided on an uninterrupted, secure or error-free basis. The Services, including without limitation any content, data, and any information related thereto, are provided strictly on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express, implied, or statutory. The Company makes no representation concerning the benefits or outcomes obtained from the Services by the User or any third party. The Company disclaims all warranties of any kind, either express or implied, including without limitation, implied warranties of merchantability and fitness for a particular purpose.

The Services may become inaccessible, or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from content, operation, use of or inability to use the Services. Although Mixer endeavors to provide accurate information, it does not warrant or make any representations regarding the accuracy or reliability of information on this Website.

The laws of certain jurisdictions may not allow exclusion and limitation of certain implied warranties. The above exclusions may not apply to Users, falling within the scope of such jurisdiction’s competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable laws.

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12. Limitation of Liability

If the Company’s performance of its obligations under these Terms is prevented or delayed by any act or omission of User or any third party, the Company shall not be deemed in breach of its obligations under these Terms.

In no event will the Company, it’s developers, affiliates or their licensors, service providers, employees, agents, officers or directors be liable for defects or damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use the Services, and any content on the Services (including the Service Content) or such other Services including any direct, indirect, special, incidental, consequential or punitive damages, and also including but not limited to, personal injury, pain and suffering, emotional distress, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

This section, Limitation of Liability, shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or whatsoever, even if the Company has been advised of the possibility of such damage.

Some jurisdictions do not allow exclusion or limitation of incidental or consequential damages; therefore, above limitations or exclusions may not apply to User falling within the scope of such jurisdictions’ competence. These Terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the Terms shall not apply to the extent prohibited by applicable law.

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13. Indemnification

The User shall defend, indemnify, and hold harmless the Company and its affiliates, co-branders, partners, shareholders, employees, agents, representatives, and/or independent contractors from and against all costs, damages, and losses, including legal expenses resulting from any claim by third parties that (i) User’s use of the Services, the Service Content or other material infringement of any rights of the third parties, including without limitation, breach or violation of the Intellectual Property Rights or privacy rights of such third parties; (ii) the information shared with the Company or submitted via the Services by User through the Services or via other the channels dedicated for such use is obscene, defamatory, illegal, unethical, or promotes illegal conduct; (iii) the User has not obtained and/or failed to obtain any necessary permit, license or consent in accordance with these Terms; and (iv) the User breaches (de facto or presumably) any of its representations, warranties, and/or responsibilities under these Terms.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for damages. Accordingly, some of the above indemnities, limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any warranty or limit our liability, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.

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14. Unlawful Activity and Termination of Access to the Services

Mixer reserves the right to investigate complaints or reported violations of these Terms and to take any action it deems appropriate, including without limitation, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to Users’ email address (if shared by the User previously), usage history, IP addresses, and traffic information.

Mixer may terminate these Terms immediately in its sole discretion and without any prior notice or liability against you, or suspend or terminate your use of, or access to the Website at any time for any reason and under any conditions, including without limitation if it is reasonably believed in good faith that you have violated or acted inconsistently with these Terms or any applicable law or that you have engaged in conduct that we determine to be inappropriate or unacceptable.

You accept, declare, and undertake that you cannot claim any rights or receivables against Mixer due to any termination pursuant to this provision.

In case you violate any provision of these Terms, you accept, declare, and undertake that the Company may terminate or suspend your account and/or access to the Services at its sole discretion. In such case, you hereby disclaim and hold the Company harmless from and against any and all liability resulting from such termination or suspension and accept not to hold the Company responsible for any claims for compensation, damage, or reimbursement in this regard.

You may terminate these Terms at any time by ceasing to access or use the Services. However, sections of these Terms which by their nature should survive the expiration or termination will remain in full force and effect subsequent to and notwithstanding the expiration or termination of these Terms, as stipulated in the section of “Post Termination”.

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15. Post Termination

Upon expiry or termination of these Terms for any reason, all rights of the User and any Services shall be terminated instantly.

The following clauses shall survive expiry or termination of these Terms “Definitions”, “Disclaimer and Warranties”, “Limitation of Liability”, “Indemnification”, “Unlawful Activity and Termination of Access to the Services”, “Post Termination”, “Applicable Law and Dispute Resolution”, “Severability” and “Miscellaneous Provisions”, and all commitments of both Parties under these Terms shall cease to be fulfilled.

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16. Applicable Law and Dispute Resolution

The validity, interpretation, and performance of this Agreement shall be governed in all respects by the laws of Türkiye without giving effect to conflicts of law principles that would result in the application of the substantive laws of another jurisdiction.

You agree that resolution of any dispute or claim arising out of or related to these Terms shall be subject to the exclusive jurisdiction and venue in the courts at İstanbul (Çağlayan) Courts. In any proceedings, the prevailing Party shall be allowed to recover from the other Party reasonable fees for its attorneys or any other compensation with similar nature.

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17. Severability

If any part of these Terms is found to be unlawful, void, or otherwise unenforceable, such unlawfulness, invalidity or unenforceability shall extend to such clause only. The unlawfulness, invalidity, or unenforceability of such a clause shall in no way influence or render any other part of these Terms, unlawful, void, or otherwise unenforceable, and generally, shall be reformed, construed, and implemented in such a way that reflects intent of the Parties as conveyed in these Terms with its nearest lawful effect.

In any jurisdiction, the fact that any provision of these Terms is held to be unlawful, void, or otherwise unenforceable, shall have no effect on the legality, validity, or enforceability of such provision in other jurisdictions.

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18. Miscellaneous

Headings

The headings used in these Terms are for reference reasons only and do not influence understanding and interpretation of these Terms.

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Waiver

The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such or other right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

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Service Interruption

In order to ensure the utmost possible service level, the Company reserves the right to interrupt the Website for maintenance, system update or any other change, through informing the Users appropriately.

We will not be liable for any reason if all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict or suspend access to some or all parts of the Services to the Users.

Additionally, the Services might not be available due to reasons outside the Company’s reasonable control, such as “Force Majeure”.

 

Remedies Not Exclusive

Except as expressly stated herein, no remedy is designed to be excluded from any other remedy that is not available under these Terms or in law or in equity.

 

Non-Exclusivity

These Terms are not exclusive.

 

No Strict Construction

Where an ambiguity or issue occurs with regards to any clause of these Terms, the Terms shall be construed as if collectively approved by the Parties and no presumption or burden of proof shall occur to favor or disadvantage either Party by virtue of the authorship on these Terms.

 

Assignment

Without prior written approval of the Company, these Terms or any rights or obligations conferred thereunder may not be transferred and delegated by the Users. Any attempt to grant, without such approval, any rights or responsibilities arising from these Terms shall be null and void ab initio.

The Company reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, by taking the Users’ legitimate interests into account. Provisions regarding change of these Terms shall apply accordingly.

 

Entire Agreement

These Terms constitute the entire agreement between the Parties (excluding Distribution Agreement) on the subject matter of the Terms and supersede any and all prior written or oral agreements and/or communications relating to the subject matter thereunder.

 

Force Majeure

None of the Parties shall be responsible for any error or delay in fulfilling any of their corresponding obligations arising from these Terms if a Force Majeure Event prevents them from doing so.

 

Third-Party Services

The Services may include embedded third-party content or links (such as hyperlinks) to third party websites, resources, contents or services (including external websites that are framed by the Website as well as any advertisement displayed in connection therewith, and affiliate marketing links through which we may earn a commission if/when you click on or make purchases via affiliate links) that are not owned or controlled by Mixer (collectively, “Third-Party Services”).

When you access Third-Party Services, you do so at your own risk. Third-Party Services are not under our control, and you acknowledge that Mixer is not responsible or liable for the content, function, accuracy, legality, appropriateness, or any other aspect of Third-Party Services. If you believe any Third-Party Services violate applicable law or may be inappropriate, please notify Mixer. The inclusion of any Third-Party Services does not imply any association between Mixer and their operators.

By using the Services, you expressly relieve and hold Mixer harmless from any and all liability arising from your use of any Third-Party Services, including any loss or damage incurred as a result of any dealing between you and any third parties, or as a result of the presence of such Third-Party Services on the Website or failure of such Third-Party Services to function as intended. It is your responsibility to evaluate content and usefulness of the information obtained from third parties.

When you are connected to or otherwise accessing to a Third-Party Service, you agree that you are responsible for the following: (i) taking necessary measures to protect you and your computer systems from viruses, worms, trojans, malicious code, and other harmful effects; (ii) downloading, using or purchasing any material that is sexually explicit, immoral, offensive or otherwise objectionable or unlawful, or that contains technical inaccuracies, typographical errors, or other errors; (iii) downloading, using or purchasing any material that violates confidentiality or proprietary rights of third parties and other proprietary rights, or that is subject to additional terms and conditions specified or unspecified; (iv) any financial costs or other liabilities against third parties arising from your actions or other activities; (v) reading and understanding terms of use and privacy policies applicable to Third-Party Services.

 

Interpretation

Unless the context requires otherwise, (i) the singular includes the plural and vice versa; (ii) if any act which shall be performed in accordance with these Terms is to be done on a day that is not a business day then the act must be performed on or before the next business day; (iii) a reference to any legislation or law includes all amendments, consolidations or other provisions thereof, (iv) a reference to a natural person shall mean including without limitation a partnership, joint venture, association, government or legal body or legal entity and vice versa shall be interpreted herein.

 

Independent Legal Advice

User recognizes and accepts that it has had the chance to read these Terms, agrees with its provisions, and has been given a chance to seek independent legal advice on the Terms’ provisions before acknowledging them.

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19. Contact Information

You may contact us and share your questions, complaints and/or concerns about the Services through support@playfundle.com, Mixer’s Discord account or any other channel dedicated for such use.