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 and web application, Kimboo. We recommend that you read this Terms of Use before you login 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/or logins to Kimboo mobile or web application; “User” (“You”) and the other is “Data Birikim, Teknoloji ve Yatırım A.Ş.” (“Kimboo”, “We”) which is the owner of Kimboo application, brand and logo, “gokimboo.com” domain name and web site.

“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 reserved 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 it is recommended to check this page periodically. 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:

  • 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.
  • In order to login to Kimboo the User must either have a Facebook account and use their Facebook account; or must have a mobile (GSM) number and use Turkcell Fast Login (Fast Login) service. Anyone who registers and/or logins to Kimboo via Facebook or Fast Login is deemed to have read and accepted the rules of this Terms of Use and Privacy Statement, which is a part of this Agreement.
  • 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 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.
  • 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 Turkcell Fast Login service because of a behaviour that does not comply with Facebook’s or Fast Login’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.
  • 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 the 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.
  • When the User buys Karma (“Karma” See FAQ) via in-app-purchase, 3rd party payment systems are used and he/she should be aware of this at his/her own risk.
  • When a User is sent “Karma” by another User, an in-app notification is immediately released. Additionally, once a week an email is sent informing the total amount of Karma he/she has received during the previous week. This email address is retrieved from Facebook or Profile Creation Form 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.
  • In order to enhance security and trust among Kimboo friends, players must verify their mobile (GSM) number via Turkcell 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.
  • According to the Law No. 5846 “Intellectual and Artistic Works” in force in the Republic of Turkey, if Users upload content to Kimboo which bears the creator’s character – the nature of the owner – are legally identified as  intellectual property and all his/her rights are reserved. When it comes to “Questions” that Users choose to upload to be published within Kimboo; and other types 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.
  • 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 relatiion 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: 
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 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.

İçerenköy Mahallesi Umut Sokak No: 10-12 Kat:16 AND Plaza Ataşehir – 34752

Istanbul / Turkey

[email protected]

User Agreement / Terms of Use – Version 1.4 – July 1st, 2017