Kimboo Terms of Use

1) Purpose, Parties and Definitions

Purpose: The purpose of this document, which is a legal electronic contract, is to determine the rules for the use of the service we offer you through our mobile application, Kimboo. We recommend that you read this Terms of Use before you log-in to Kimboo. Because your first log-in, sign up and initial use of this application means that you accept the rules and you agree to be a party to this Agreement.

Parties and Definitions: One party to this Terms of Use (User Agreement) is the user who downloads and logs in to Kimboo mobile application; “User”; (“You”) and the other is “Data Birikim, Teknoloji ve Yatırım A.Ş.” which is the owner of Kimboo mobile application, brand and logo, “gokimboo.com” domain name and web site; (“Kimboo”, “We”).

“Data Birikim, Teknoloji ve Yatırım A.Ş.” has designed, developed, and published “Kimboo”. It is a “gamified social discovery mobile application” which asks its players continuous “would you rather” type social questions and prompts them to answer intuitively. By playing Kimboo, players have the chance to compare their own choices with other players. At the same time, Kimboo calculates affinity scores among all players and matches them by showing the results to everyone in the game. By comparing affinity ratios calculated by Kimboo, players may become friends in the virtual environment if they wish so. Various additional features are unlocked once two players become Kimboo friends.

This “gamified social discovery environment” and the “system” behind it are Kimboo’s “Services”. Kimboo is free to expand and/or narrow the services rendered and platforms offered and other rights related to “digital game ownership” are reserved; such as changing the rules of use, licensing, taking new technological measures, taking over the company etc. In such cases, this Agreement will also be updated. This is why it is recommended to check this page periodically.

2) Rules of Utilization of the Application and User Responsibilities:

a) To be able to create an account in Kimboo and make use of the “gamified social discovery environment” offered on our mobile platform – currently limited to iOS and Android mobile phones – the User must be at least 18 years old.

b) The User must either have a Facebook account and login to Kimboo using their Facebook account or use their mobile number to login with Turkcell Mobile Connect (Mobile Connect). Anyone who registers and/or logins with Kimboo via Facebook or Mobile Connect is deemed to have read and accepted the rules of this Terms of Use and our Privacy Statement, which is a part of this Agreement.

c) Players who login using Mobile Connect must create their Kimboo profile by filling out Kimboo’s Profile Creation Form, within the application. Players are held liable of the accuracy of the information provided via the Profile Creation Form. If a player signs up ad logs in using a Facebook account, his/her profile is created automatically by Kimboo, after Facebook shares the required profile information, upon your consent.

d) If you are under the age of 18 or have registered with false information on Facebook or Kimboo Profile Creation Form; or if your account has been interfered with by Facebook or Mobile Connect because of a behavior that does not comply with Facebook’s or Mobile Connect’s Terms of Use, then Kimboo is not liable for any material or moral damages. Also, in such case you may be left out of Kimboo and blocked from using the application.

e) When you login for the first time, the profile image (avatar) used in your Kimboo account is either retrieved from your Facebook public profile or is the one you uploaded via the Profile Creation Form. Users can change his/her profile picture after signing up. However, the new image to be installed must compliance with existing legislation, general ethic rules and etiquette. Otherwise Kimboo can remove such content.

f) When you sign up for the first time, the e-mail address required for an Kimboo account is either retrieved from your Facebook public profile or you enter an e-mail address via the Profile Creation Form. Users can change his/her e-mail addresses after signing up. However, the e-mail addresses must later be verified by clicking the link sent by Kimboo to the disclosed e-mail address. If users do not verify the validity of the e-mail address they may be left out of Kimboo and blocked from using the application.

g) When the Users become friends and/or send messages to friends or uploads new questions, Kimboo holds the right to terminate a player’s Kimboo account; if those behaviors or contents are identified as: Racist, sexist, fanatic, political, discriminatory, insulting, pornographic, hate speech, unwanted and commercial advertising, spammy content, or violating other users’ personal rights and privacy or unlawful attitudes and behavior, against the law, goodwill and fairness.

h) When the User buys Karma (“Karma” See FAQ) via in-app-purchase, 3rd party payment systems have to be used -which are limited to iOS and Android mobile phones for the time being – he/she should be aware of those actions at his/her own risk.

i) An in-app notification and email is sent to the User who has been sent “Karma” by another User. This email is retrieved from Facebook during initial login. The email sent is a part of the game. Thus, once you accept this Terms of Use and Privacy Statement, it means that you have given clear consent to us for sending both the in-app notification and email, informing you of the Karma sent.

j) In order to enhance security and trust among Kimboo friends, players must first verify their mobile number via Mobile Connect in order start direct messaging within the app. Players who verify their account are automatically upgraded to “Mobile Number Verified” status within the game.

k) Any breach of rights by the Users such as: copying, converting, modifying, reverse engineering, decoding game code, “hacking” and attempting to write cheat programs in any form, on the intellectual property and products owned or operated by Kimboo or by third persons or parties, creates their legal and criminal responsibility as well as unfair competition.

l) In case of Users uploading content on Kimboo bearing the creator’s character – the nature of the owner – according to the Law No. 5846 “Intellectual and Artistic Works” in force in the Republic of Turkey, the intellectual property of work created belongs to them. When it comes to “Questions” that Users choose to upload for publication within Kimboo; and similar content that can be developed in the future for the continuation and diversification of the game are entirely at the disposal of Kimboo, and no intellectual property rights can be claimed. The legal status of your content on Facebook is entirely out of this matter, and it is recommended that you carefully monitor Facebook’s own “Terms of Use” and the permissions you gave it.

m) Although security measures are taken with advanced technologies in order to keep the Kimboo application away from malicious attacks, the User is also responsible for security and updating of his/her devices and software, Facebook password and private information there. (See: Privacy Statementy)

3) Exceptions to Liability:

a) Kimboo can not be held responsible in case it fails to perform the service provided by the application, due to unforeseen circumstances such as breakdowns, maintenance and interruptions that may occur in Turkey and/or world-wide technological infrastructural services, corporate unions or transfers, judicial and administrative interventions, cyber-attacks and similar unexpected reasons.

b) In regard to its Service, Kimboo reserves the rights of; changing or broadening of the scope, language, quality and features, expanding other operating systems and device types to include broader digital platforms such as the Internet, developing and changing the scope of real-time communication between Users’ phones and servers, rendering premium service or stopping. In such cases, this Agreement will be updated.

c) Kimboo is not responsible for any damages that Users may experience on third party platforms, such as iTunes and the Google Play Store, for which they have downloaded games and purchased points (Karma) when they wish. There may be some links to downloadable software or downloadable files on the Kimboo’s gokimboo.com website or other interfaces that users may encounter while using the application. Kimboo is not responsible for any loss or damage arising from third-party and third-party applications, websites or content for which access is granted.

d) Kimboo is not responsible for any damages that Users may experience on third party platforms, such as iTunes and the Google Play Store, for which they have downloaded games and purchased points (Karma) when they wish. There may be some links to downloadable software or downloadable files on the Kimboo’s gokimboo.com website or other interfaces that users may encounter while using the application. Kimboo is not responsible for any loss or damage arising from third-party and third-party applications, websites or content for which access is granted.

e) Kimboo is not the party to or the party of any criminal and civil lawsuit arising from the use of the application. No liability shall be implied, directly or indirectly, to any loss, damage, expense or any other claim that may arise from the actions of the users or third parties.

4) Intellectual Property Rights:

Users are not charged for access to the social discovery platform offered through Kimboo. This does not mean that our application and the intellectual property rights on the content, technological infrastructure and software of our website are not under legal protection. Including “Kimboo” trademark, logo and domain name, all kinds of technological and software related intellectual property, i.e. original designs, images, sounds, texts, database belong to Data Birikim, Teknoloji ve Yatırım A.Ş. They are under protection by the laws of the Republic of Turkey and global legal protection through related legislation, national and international regulations.

5) Applicable Law and Authorized Courts:

The laws of the Republic of Turkey shall apply exclusively to the interpretation, or dispute arising out of or in connection with the application, interpretation or confidentiality of this User Agreement (Terms of Use) and the Privacy Statement which it is an integral part, except for the conflict of laws or rules.

In resolving disputes between Kimboo and the User arising out of the application of this User Agreement and/or Privacy Statement, the Parties shall endeavor to resolve the dispute primarily through mutual agreement; in case a conclusion can not be reached, the Istanbul Courts shall be authorized to settle the dispute.

6) Protection of Your Personal Information and our Privacy Statement:

During your use of the Kimboo application, which provides the players with an absolute privacy environment, we collect your personal data as retrieved from Facebook on your consent or as you provided via Kimboo’s Profile Creation Form. In addition the these, other personal information which you may choose to disclose, such as your education and occupation, are also part of the information we collect. For further information on this subject, please read our Privacy Statement which forms an integral part of this agreement. If you have any other problems with the services provided and the rules of use, please contact us.

 

Data Birikim, Teknoloji ve Yatırım A.Ş.
Evliya Çelebi Mahallesi
Meşrutiyet Caddesi No:92 Daire:1
Beyoglu / 34430
Istanbul / Turkey
info@gokimboo.com

User Agreement / Terms of Use – Version 1.3 – December 1st, 2017