1) Purpose, Parties and Definitions
Parties and Definitions:
“Data Birikim, Teknoloji ve Yatırım A.Ş.” has designed, developed, and published “Kimboo”. Kimboo is a “gamified social discovery application” which asks its players continuous “would you rather” type social questions and prompts players 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 players by showing the affinity scores to everyone within the game. By comparing these affinity scroes calculated by Kimboo, players can become friends in Kimboo’s virtual environment, if they wish so. Various additional features are available within endorsing it gamigication. Once two players become Kimboo friends instant messaging(IM) feature is unlocked.
This “gamified social discovery environment” and the “system” behind it are Kimboo’s “Services”. Kimboo reserves the right to expand and/or narrow its services and other rights related to “digital platform ownership”; such as changing the rules of use, add or delete features, advance and update its technology, geographical expansion, licensing, sell/merge the company etc. In such cases, this Agreement will also be updated. This is why we recommend users to check this page periodically.
2) Rules of Utilization of the Application and User Responsibilities:
- To be able to create an account in Kimboo and make use of the “gamified social discovery environment” offered on our platform – the User must be at least 18 years old.
- Kimboo, is available on mobile applications designed for iOS and Android operating systems, as well as mobile and desktop devices web (HTML) browsers.
- Players who login using Fast Login must create their Kimboo profile by filling out Kimboo’s Profile Creation Form, available within the application. Players are held liable of the accuracy of the information provided via the Profile Creation Form. If a player signs up and logs in by using a Facebook account, his/her game profile is created automatically by Kimboo. This automatic profile creation takes place only after Facebook shares the required profile information with Kimboo, upon your consent.
- When you sign up for the first time, the profile image (avatar) used in your Kimboo account is either retrieved from your Facebook public profile or retrieved from the photograph 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 be in compliance with existing legislation, general ethic rules and understanding. If otherwise Kimboo can remove such content, delete your account and/or block you from accessing the game.
- After you sign up and login, you are allowed to upload additional photos to be visible as part of your profile information to other players. You can change and/or delete these photos any time. However, these uploaded images to must be in compliance with existing legislation, general ethic rules and understanding. If otherwise Kimboo can remove such content, delete your account and/or block you from accessing the game.
- 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 retrieved from from the Profile Creation Form you filled out. 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.
- When Users become friends and/or send text, voice, image messages to their Kimboo friends or uploads new questions or uploads profile pictures, Kimboo holds the right to terminate a player’s Kimboo account, if those behaviours or content are identified as racist, sexist, fanatic, political, discriminatory, insulting, pornographic, hate speech, unwanted and commercial advertising, spammy content, or violates other users’ personal rights and privacy, unlawful attitude and behaviour or are against the law, goodwill and fairness.
- User can buy Karma (“Karma” See FAQ) to activate various features of Kimboo. Karma can be bought via 3rd party payment systems (App Store, Play Store, and credit card payment services). Users should be aware of this and they will be disclosing sensitive information at their own risk.
- In order to enhance security and trust among Kimboo friends, players must verify their mobile (GSM) number via Fast Verify service in order to start instant messaging (IM, chatting) within the application. The profile information of the players who verify their account during during Fast Login or Fast Verify are automatically upgraded to “Mobile Number Verified” status. The verified the mobile (GSM) number is not shown to anyone within the game.
- 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.
- 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 therein. (See: Privacy Statement)
3) Exceptions to Liability:
- 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, force majeure, cyber-attacks and similar unexpected reasons.
- In regard to its Service, Kimboo reserves the rights of; changing or broadening of the scope, add/delete game language, add/delete features, expand to other operating systems and device types to include broader digital platforms, develop and change the scope of real-time communication between Users’ phones and servers, render premium services or discontinue the Service. In relation to such cases, this Agreement will be updated.
- 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).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.
- 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 accessing the social discovery Service offered by Kimboo. This does not mean that our application and the intellectual property rights on the content, technological infrastructure and software of our application and website are not under legal protection. All kinds of technological and software related intellectual property, including “Kimboo” trademark, logo and domain name, i.e. original designs, images, sounds, texts, database belong to Data Birikim, Teknoloji ve Yatırım A.Ş. These 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:
6) Protection of Your Personal Information and 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 to 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.
Içerenköy Mahallesi Umut Sokak No: 10-12 Kat:16 AND Plaza Ataşehir – 34752
Istanbul / Turkey