User Agreement

1. SUBJECT OF THE AGREEMENT

1.1. The subject of this Agreement is:

to define and regulate the conditions of use that apply to every kind of game and digital content or data that is published on, hosted by or accessed through the FlameKO website (hereinafter "the Site") using FlameKO user account details, together with every kind of product and/or service offered or sold on the Site (hereinafter "the Content"), and the contractual terms of use governing the use of the Site, or any direct or indirect benefit derived from the Content on it, as between the User and the publisher of the Site, FlameKO Private Server (hereinafter "FlameKO").

The FlameKO Site may be used for entertainment purposes only. It may not be used commercially, for the purpose of generating income, or for any similar objective. The User accepts that they may use FlameKO services and content only for non-commercial, personal use.

1.2. FlameKO has the right and authority to update or amend the terms contained in this Agreement in whole or in part, for reasons such as changes to the content of the Site, updates to the products or services offered, the introduction of new products or services, or similar reasons. In such cases the Agreement will be presented to the User on the Site in its current form, with notice given.

1.3. The User may not claim, demand or declare that they were not informed of such changes or updates made by FlameKO, or that those changes cannot or will not apply to them, where FlameKO has notified them directly, or where the User has accessed the Site or benefited directly or indirectly from any content on it after the date on which the changes or updates took effect.

2. PARTIES TO THE AGREEMENT

2.1. The parties to this User Agreement are FlameKO and the "User". 2.2. In this Agreement the User and FlameKO are referred to individually as the "User" and "FlameKO" respectively, and together as the "Parties".

2.3. "User" means any natural or legal person who, whether registered as a member or not, accesses the FlameKO Site and obtains or benefits from any product and/or service offered on it, in whole or in part, temporarily or on a continuing basis, in their own name and on their own account or in the name and/or on the account of another person or organisation, in any manner whatsoever. The status, rights and obligations of the User are assessed subject to the conditions set out above, unauthorised access excepted.

2.4. The User has no right to allow a third party to use the access details or other privileges of their User account on the FlameKO Site, whether temporarily or permanently, in any manner whatsoever. Where such use occurs, the person or persons who were allowed to use the User account may be identified by FlameKO, and in that case the account concerned may be suspended permanently or indefinitely and its use terminated.

2.5. The account holder is solely responsible for the consequences of allowing persons other than the User to use the account. In such a case, persons who use another person's User account in any manner whatsoever, in whole or in part, temporarily or continuously, may not assert any right or claim against FlameKO on that basis.

2.6. Unauthorised access and use may be subject to legal sanctions before the competent official authorities to the extent that they are unlawful.

2.7. The User accepts and undertakes that they are aware of the risk of the legal sanctions referred to in the preceding paragraph and that they assume the consequences, jointly with or separately from the persons to whom they allowed use of their account. Persons who use User accounts without authorisation are liable to FlameKO jointly with or separately from the account holders under this Agreement, but they may not claim or demand to be a party to this Agreement.

2.8. Unauthorised access and the unauthorised use of an account belonging to another person do not confer on the person carrying out such use the rights or the status granted to a "User" under this Agreement. On the contrary, persons who carry out such acts are deemed to have accepted and undertaken, together with the User, that they will be subject to the obligations that this Agreement imposes on the User towards FlameKO.

2.9. This Agreement may not in any way be characterised as a relationship of cooperation, a partnership, or any legal transaction, under whatever name, that results in the transfer of any right from FlameKO to the User.

3. FORMATION AND ENTRY INTO FORCE OF THE AGREEMENT

3.1. This Agreement is formed in a manner legally binding on the Parties from the moment the User accesses, whether as a registered member or not and whether or not account details have been created, any content published by FlameKO on or through the Site, irrespective of the duration of the transaction, visit or membership; from that moment it is deemed to have been read, understood and approved by the User and comes into force.

3.2. Once formed in the manner and at the moment described in clause 3.1, this Agreement remains in force in a legally binding manner for as long as the User benefits from the content of the Site in any way, irrespective of the intervals and periods during which the User accesses the Site.

3.3. If the User wishes to terminate this Agreement, they may request this by stating the date, by closing their User account if they have one, by notifying FlameKO in writing, and on condition that they do not access the Site in any manner from that moment on. Where FlameKO establishes any act or transaction by the User that breaches any of the terms of this Agreement in whole or in part, FlameKO may suspend the User's account or accounts temporarily or permanently and may also terminate the Agreement immediately and without notice, without incurring any payment obligation.

3.4. FlameKO alone holds the right and authority to make partial or complete changes, amendments, additions and updates to this Agreement, without any restriction as to time or section and without any obligation of periodicity, as a result of needs that may arise from matters such as the technologies used on the FlameKO Site, innovations and improvements to be offered, new products and content to be offered, obligations required by changes in legislation, updates, and partial or complete changes to existing products, services and content.

4. OWNERSHIP

4.1. FlameKO and every kind of service and content offered on this Site belong solely and exclusively to FlameKO Private Server.

4.2. No content obtained by the User from the FlameKO Site in accordance with the principles and rules laid down by FlameKO gives the User any right of ownership over it. Every kind of content that the User accesses, obtains or uses through the Site is the exclusive property of FlameKO. The right and authority to decide on the periods of use, the validity periods and the termination of the use of any content covered by this clause belong exclusively to FlameKO.

4.3. The User knows, accepts and undertakes that every kind of content, product or service obtained through FlameKO grants them, provided it was obtained by proper means, only the right and authority to use the item concerned.

4.4. All products, services or content obtained by the User from the FlameKO Site must be used in accordance with the characteristics of the item concerned, the terms of use to which it is subject, the principles laid down by FlameKO and applicable legislation. FlameKO may detect and terminate use that breaches these requirements, and proceedings may be brought against those responsible to the extent and in the manner required by law.

4.5. The right to use every kind of content obtained by the User from the FlameKO Site belongs exclusively to the User who obtained it, subject to the terms of use of that content. Where the User makes such content the subject of trade, uses it for the purpose of generating income, or allows third parties to use it, the User may not raise any claim against FlameKO in respect of that content.

4.6. The User benefits from every kind of content obtained from the FlameKO Site only for the purpose for which it was offered and obtained. Processing, altering, decompiling, reproducing, copying or otherwise subjecting such content to operations aimed at a benefit outside the purpose for which it was obtained is regarded as a breach of this Agreement. The User knows and accepts that if they carry out such acts, those acts will be regarded as unlawful and that legal examination, prosecution, investigation and other proceedings may be applied to those concerned.

5. OWNERSHIP OF OTHER CONTENT MADE ACCESSIBLE

5.1. It may be possible to access, through the FlameKO Site, every kind of digital medium, website, product or content belonging to third persons or organisations, including advertisements. The User accepts and undertakes that they will not carry out any act or transaction intended to make content belonging to themselves or to third parties accessible externally or internally through the Site, or to have such content published through the Site or through User accounts.

5.2. FlameKO alone holds the right and authority to determine what kind of third-party content may be accessed through the FlameKO Site, without limitation as to duration or subject matter.

5.3. All methods and procedures by which third-party content accessed through the FlameKO Site, including advertisements, is made accessible from inside or outside the Site, by redirection or otherwise, fall within the scope of this clause, and the authority to act in respect of all such matters belongs to FlameKO alone. However, liability arising from every kind of third-party content, including advertisements, the terms of use to which such content is subject, and every kind of consequence caused by its use or access, are the responsibility of its owners alone.

5.4. Obligations arising from the use of content and other items subject to intellectual or other property rights belonging to third persons or organisations that are made accessible through the FlameKO Site, including by way of advertisements, belong to their owners.

5.5. Whether or not to access or use third-party content made accessible through the FlameKO Site, including advertisements, is at the User's discretion. The terms of use to which such third-party content is subject are determined by its owners. FlameKO has no power of disposal over the terms of use to which third-party content accessed through its Site, including advertisements, is subject, and no claim or dispute relating to or arising from those terms may be raised against FlameKO.

6. LIABILITY OF THIRD PARTIES

6.1. No claim or action may be brought and no liability may be attributed to FlameKO by the User, directly or indirectly, alone or together with the rights holders, in respect of the content and publications belonging to third persons or organisations, including advertisements, accessed by the User in any manner whatsoever through the FlameKO Site. The User accepts and undertakes that they are aware that FlameKO bears no legal liability arising from content and publications belonging to third persons or organisations accessed in any manner whatsoever through the FlameKO portal, including but not limited to advertisements.

6.2. Where Users benefit in any manner from the services, games, content and other services offered on the FlameKO Site that are protected by intellectual property, trade mark, design and other legislation and whose copyright generally belongs to FlameKO, they shall be deemed to have accepted this User Agreement, to have been informed of the obligations set out in it, and to have undertaken to comply with them.

6.3. A User who does not wish to accept the provisions of this Agreement or the Site or the terms of use of the Site content must leave the FlameKO Site, must not benefit from the services or products offered on it, and must not make any attempt or request to do so. Otherwise, the User shall be deemed and treated as having communicated to FlameKO their acceptance of the provisions of this Agreement.

6.4. Where a User creates and publishes content in the relevant parts and sections of the FlameKO Site - forum, profile, blog, news or similar content entries - the person or persons who created and published that content are solely and fully responsible for it, and no liability may be attributed to FlameKO in respect of such content.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The trade marks and other signs used by FlameKO in presenting the Site content to Users are the exclusive property of FlameKO, whether registered before the competent regional or international official authorities, used by virtue of their distinctive character, or having acquired distinctiveness through use.

7.2. This Agreement does not grant the User and/or any third party any partial or complete ownership of the items and signs referred to in clause 7.1 that are the exclusive property of FlameKO; it grants only a limited right of use over those rights in connection with the relevant content.

7.3. The User accepts, having been informed that every kind of game, content, material, document, information, graphic, design, product, in-game account, in-game item, e-mail service, software, update and other similar service offered on the FlameKO Site is protected by intellectual and industrial property law, trade mark law, patent law and other applicable legislation, and that all tangible and intangible items, assets and/or subject matter listed in this clause are, save for the exceptions set out in this Agreement, the sole and exclusive property of FlameKO, that they will not carry out any act or transaction in breach of this.

7.4. FlameKO holds every kind of unilateral right of disposal over all the assets listed in clauses 7.1, 7.2 and 7.3.

7.5. FlameKO has the right to suspend, change or discontinue all services offered as part of its game services, in whole or in part, temporarily or permanently. The User accepts that they have no right or authority to make any claim against FlameKO where FlameKO temporarily or permanently suspends or terminates the provision of Site content and services in the manner described in this clause.

7.6. FlameKO does not undertake that the services or content offered on this Site will be stable or uninterrupted. This may not be regarded as a matter that removes, in whole or in part, the rights of FlameKO over the signs or trade marks relating to that content or those services.

7.7. Where temporary or permanent changes are made to part or all of any game, publication, content or other item on or accessed through the FlameKO Site, Users shall have no claim of any kind against FlameKO and no right to compensation under any name whatsoever.

7.8. The User knows and accepts that all the assets listed in this article, and the full right and capacity to dispose of them, belong solely to FlameKO.

7.9. Those who use, benefit from or attempt to access the games offered by FlameKO and/or any other services directly or indirectly connected with them shall be deemed, by virtue of this notice, to be aware of their personal undertakings and responsibilities.

7.10. The User declares that, in addition to this Agreement, they also accept the FlameKO Privacy Principles, which form an integral part of this Agreement. The User accordingly undertakes to comply with applicable law while benefiting from FlameKO content or services; undertakes that they alone will be responsible for all acts and transactions contrary to law; and accepts that they will in no way have any right of recourse against, or standing to bring proceedings against, FlameKO on those grounds.

7.11. The User accepts that they will not violate FlameKO services and content, exploit loopholes, reverse engineer, decompile, disassemble or otherwise tamper with them, and that they will not encourage or assist anyone else in doing so.

8. ACCESS AND ITS RESTRICTION

8.1. Where the services or content of the FlameKO Site are used by the User in breach of the terms of this Agreement, FlameKO has the right to terminate the User's access to the Site's services and content, temporarily or permanently, through the website.

8.2. Where FlameKO acts as described in clause 8.1, the User has no right of objection to that action. In such a case, the User is obliged to destroy every kind of material, including licences, that came into the User's possession during the provision of any service through FlameKO.

8.3. Users may not transfer to others the passwords, user names or any other right given to them for the purpose of benefiting from FlameKO services; may not allow others to use them; may not make them the subject of trade, whether for consideration or not; and may not make any claim against FlameKO in relation to the consequences of acts and/or transactions to the contrary. Where the contrary is established, FlameKO may act as described in clause 8.1.

8.4. Users know and accept that the account details they use to access the content offered on the FlameKO Site, and the virtual items created within those accounts, the account balance, the account character and other account features, have no commercial or monetary value. All the assets listed in this clause are provided to the User for the entertainment purpose that is the object of the Site. They involve no commercial purpose. They may not be used for betting, gambling or other unlawful purposes.

8.5. The User knows and accepts that the outcome of the content offered on the FlameKO Site, and in particular of the games and every kind of service connected with them, is not a matter of luck or chance.

8.6. The User undertakes to obtain each of the services and content offered on the FlameKO Site in accordance with the terms and conditions of use to which it is subject. The User accepts that they will not use any third-party tool, program, software or item contrary to this; that they will not use, in relation to the Site Content, "hacks", "cheats", "bots", "cheat files", "mods" or automation programs, including but not limited to unauthorised third-party programs that interact in any way with any part or all of the Content or its software components, or that block, imitate or redirect any communication between the software and FlameKO, or that gather information about the Content by reading the memory areas used by the Content to record information about it; and that they are aware that, otherwise, they may be subject to the sanctions in clause 8.1 by FlameKO and that legal proceedings may be commenced against them because such acts are unlawful.

8.7. Every kind of application, content, code or other item or data played or downloaded through the FlameKO Site shall be used within the scope of intellectual and industrial property law, applicable legislation and international conventions, and subject to the terms of use set out here. The User knows and accepts that any use to the contrary may be made the subject of criminal and civil proceedings within the scope of those provisions.

9. USER CONNECTION AND HARDWARE

9.1. In order to benefit from the content or services offered by the FlameKO Site, the User and members must have the necessary connection infrastructure and other hardware.

9.2. Having the hardware and connection infrastructure necessary for access and connection, and providing for the related requirements, is the User's obligation.

FlameKO bears no responsibility in this respect.

9.3. Every kind of disruption relating to the internet connection that originates from service providers, from the infrastructure or from the User is the sole responsibility of the User.

9.4. Where the services offered by FlameKO are used, the time and frequency of that use will be determined by FlameKO according to the current number of Users, duration and other data.

9.5. FlameKO will use the highest technological measures available to secure the accounts that the User uses when benefiting from FlameKO services and content.

9.6. The User accepts and undertakes that they are primarily and directly responsible for securing their accounts, and that they will have no claim against FlameKO in respect of account security problems arising otherwise.

9.7. The use of FlameKO content and services may require compatible devices, internet access and certain software that may be chargeable, and may require these to be updated at intervals and/or may affect their performance when updated. Such reasons and circumstances may not be relied on as a basis for any claim against FlameKO.

10. EXCLUSION OF LIABILITY

10.1. FlameKO may not be held liable where, as a result of technical causes that may arise during the provision of FlameKO games and connected services, game accounts and/or any item in those accounts are temporarily or permanently lost or become unusable.

10.2. While benefiting from the content or services offered by FlameKO, communications containing advertising, unfair competition, terrorism, or concerning the republic, the state, religion, racism, narcotics, politicians or other legal persons, pornographic content, the use of profanity, behaviour aimed at harassing other players, or use constituting an insult to the memory of Atatürk, are prohibited and contrary to the rules of this Agreement. The User accepts and undertakes not to use FlameKO services and content for the purpose of, or in a manner involving, the transmission, uploading, posting, e-mailing, communication, storage or other making available of content that is unlawful, disturbing, threatening, harmful, tortious, insulting, defamatory, abusive, violent, obscene, vulgar, invasive of the privacy of others, hateful, racially or ethnically demeaning, or otherwise objectionable.

10.3. Where the User uses the services in breach of clause 10.2, the User may be deprived by FlameKO of access to the relevant services or content temporarily or permanently, and any such content created by the User may be shared by FlameKO with official authorities on request.

10.4. FlameKO is responsible for removing such unlawful content from the accounts or Site content concerned only to the extent that its technical means allow, and bears no liability towards the account holder concerned in respect of such measures. For the same reasons, User information may be shared with prosecutors' offices and law-enforcement units in response to properly made requests.

10.5. FlameKO may not be held responsible for the consequences of the User being prohibited, at whatever point in time, from benefiting from these services and content under the laws in force in the User's country or region.

10.6. Some content and games made accessible to users through the FlameKO site are, where this is separately indicated, content whose publishing and licensing rights do not belong to FlameKO and which is published solely by making access available through the site; account ownership, access rights and requests for information from official authorities in respect of such content are therefore the responsibility of the publisher of the game or content alone, and no information or data relating to those matters is held by FlameKO. Users have no right of claim against FlameKO, and no connection giving rise to one, in respect of the games and content covered by this clause, and requests for information from official authorities concerning such content and games may not be addressed to, or answered by, FlameKO.

11. CONFIDENTIALITY IN ACCOUNT USE

11.1. The User accepts that they are solely responsible for the obligation not to share with any third person or organisation, and to keep confidential, the information that gives access to the account they hold for the purpose of benefiting from FlameKO services and content; and undertakes to notify FlameKO immediately of any security breach.

11.2. FlameKO is not liable for loss arising from unauthorised use of a User account. The User accepts that they will use and protect their account access details with care.

11.3. The User accepts that they will give accurate and complete information when opening an account on the FlameKO Site, when registering in any way and when using the content and services, and that they will keep their registration details up to date so that they remain accurate and complete.

11.4. The User accepts that FlameKO may store and use the User's registration details in order to operate User accounts. The User accepts that they may not create an account for a person other than themselves without that person's permission, and undertakes that they will be personally responsible for the consequences of doing so.

11.5. Where FlameKO establishes any transaction or act by the User contrary to the undertakings in this article, FlameKO is authorised to apply every kind of lawful technological and legal measure to the account and the User concerned.

12. CONSENT

12.1. In connection with the FlameKO Site and the services and products offered on it, notifications and promotional material concerning new products/services, promotions, campaigns and similar matters may be sent to the User by FlameKO Private Server and by third persons or businesses that are business or project partners of FlameKO, by e-mail and/or SMS or by another means of communication, only with the User's written consent and with their knowledge and acceptance. If the User does not wish to receive such notifications or information from FlameKO, they may send FlameKO a request to unsubscribe from the relevant membership and notification list provided for that purpose on the FlameKO Site.

12.2. By using the products and services of the FlameKO Site, the FlameKO Site and its Users accept that the e-mail and SMS notifications and promotional material covered by this article are sent with their consent and approval, and in a manner that does not constitute a breach of their personal data, unlawful storage, aggressive advertising, unfair competition or marketing.

Site Users may stop further notifications of the kind covered by this clause by selecting the "I wish to unsubscribe from this notification list" option offered to them in the relevant notification.

13. INDEMNITY AND RIGHT OF RECOURSE

BY THIS AGREEMENT, THE USER ACCEPTS THAT THEY WILL PERSONALLY AND SOLELY BEAR, AND WILL HOLD FlameKO HARMLESS FROM, ALL ACTIONS, CLAIMS, DAMAGES, LOSSES, LIABILITIES AND COSTS ARISING DIRECTLY OR INDIRECTLY IN CONNECTION WITH THE USER'S FAULT, OR FROM THE USER'S USE OR MISUSE OF THE SITE CONTENT, OR FROM THEIR BREACH OF THE SITE PRIVACY PRINCIPLES OR OTHER POLICY DOCUMENTS AND RULES.

14. DISCLAIMER OF WARRANTY

14.1. FlameKO GIVES THE USER NO UNDERTAKING OR WARRANTY IN RESPECT OF THE SITE AND ITS CONTENT AS TO DEFECTS, DISPOSSESSION, THIRD-PARTY OWNERSHIP, INTELLECTUAL PROPERTY OWNERSHIP, CONTINUITY, ACCURACY, RELIABILITY, QUALITY, FREEDOM FROM INTERRUPTION, ANY CHARACTERISTIC OF THE CONTENT OTHER THAN AS IT IS, OR ANY PERIOD OUTSIDE THE TIME DURING WHICH THE CONTENT EXISTS OR CONTINUES TO BE PUBLISHED.

14.2. THE ABOVE PROVISION CONCERNING FlameKO'S DISCLAIMER OF WARRANTY IN RESPECT OF THE SITE AND ITS CONTENT MAY NOT BE INTERPRETED AS MEANING THAT FlameKO HAS ACTED OR WILL ACT INTENTIONALLY IN RESPECT OF THOSE MATTERS, OR THAT IT PURSUES OR WILL PURSUE SUCH AIMS AND PRACTICES.

15. CHARGES AND PAYMENT

15.1. Some of the content offered on the FlameKO Site may be paid and some may be free. The right and authority to determine which content is charged for, in what way, for how long, and on what terms, or is offered free of charge, belongs to FlameKO. Content on the FlameKO Site, or accessed through it, that is offered free of charge may later be offered on a paid basis by decision of FlameKO or as a result of requests by the persons or organisations with which FlameKO cooperates in supplying that Content. Likewise, the authority to decide that paid Content will later be offered at a lower price or free of charge belongs to FlameKO. Where such a change occurs, FlameKO will inform the User on the Site in a manner that remains visible for a sufficient period.

15.2. Every kind of User transaction carried out through the FlameKO Site, and the transaction fees for them if any, are at the User's discretion and responsibility.

15.3. The User may use whichever of the payment options offered on the Site they decide on and find suitable. The obligation to ensure compliance with the technical and procedural rules to which the chosen payment option is subject lies with the User personally. The right and authority to charge for the services or content offered on the FlameKO Site, to offer them free of charge, and to change their prices belongs to FlameKO.

15.4. Where transactions are made using the virtual POS/credit card payment option, the credit card details requested on the payment page are in no way stored on the servers of FlameKO or of the companies that provide services to it, in order to secure at the highest level the safety of Users who make purchases on the Site.

15.5. All such payment transactions by the User take place between the bank and the User's computer through the FlameKO interface, and the service provided by FlameKO in relation to these transactions is limited to what is described here.

15.6. All of the User's credit card and personal details are encrypted using the SSL Secure system, the internet security standard. This prevents those details from being obtained in any way by unwanted persons or organisations as the User moves around the internet.

15.7. The validity periods of NPoints and of any other purchasing instruments used in obtaining and using the Content offered on the FlameKO Site are determined, changed and regulated by FlameKO.

15.8. NPoints are an instrument specific to FlameKO which the User may obtain and use, in the manner set out on the Site, for the paid content offered on the FlameKO Site; they are not accepted as a means of payment by third persons or organisations and are not electronic or virtual money. The validity period of NPoints is one (1) year from the date on which the User obtains them, in order to ensure User security.

NPoints that are not activated and/or used within one year of the date on which the User obtained them may not be activated and/or used after that period.

If, at the end of the one-year period, the User wishes to reactivate and use NPoints that have become unusable, they may make an activation request by submitting to FlameKO in writing the date on which they obtained the NPoints concerned, the amount, the reason for not using them within the period, and their user and identity details. Where such a request is made, FlameKO will examine it and may accept it if it establishes that the request and application are proper and free from doubt. The period within which the User may make an activation request under this clause is, at the latest, the one-year period following the one-year period after the date on which the NPoints were obtained.

15.9. FlameKO is not liable to make good any harmful consequences arising from payments made by the User through the Site. The Istanbul Anatolian Courts and Enforcement Offices have jurisdiction in the resolution of disputes arising from the application of this Agreement, and the books and records of FlameKO are accepted as exclusive evidence in the resolution of disputes arising from the application of this Agreement. The laws of the Republic of Türkiye apply to the resolution of disputes arising from the application of this Agreement, excluding its conflict-of-laws rules.

16. SUITABILITY OF CONTENT

16.1. The authority to check and decide on the suitability of every kind of game, publication, content and other item on or accessed through the FlameKO Site, and in particular of the games, for User age groups belongs to the players. FlameKO may share with the User, on a non-binding basis, any assessments made by the competent official authorities regarding the suitability of the Content on its Site for particular age groups.

16.2. Where the User is below the legal age of majority, it is strongly recommended that, before benefiting from FlameKO Content, they inform their legal representatives of the Content or Game concerned, ask whether the Content or Game they have chosen is suitable for their age group, and benefit from that Content or play or continue to play that Game with their representatives' approval.

16.3. It is a legal requirement that a User carrying out the sale or acquisition of any instrument obtained for use in the Content and games offered on the FlameKO Site has the necessary legal majority; those who cannot meet this requirement are advised to carry out the transaction and acquisition concerned with the permission and supervision of their legal representatives, and such transactions are treated as having been carried out in that way.

16.4. No legal relationship or undertaking of any kind between the User and other persons or organisations is guaranteed by reason of the content and services offered on the FlameKO Site, and any such interpretation is rejected by FlameKO. FlameKO exercises all the care and effort it can to secure, at system level, every kind of data that Users hold in connection with the Site. However, this may not be interpreted as meaning that FlameKO bears sole and unlimited liability in all circumstances for User accounts, for the security of account access details, or for other Site content.

17. HEADINGS AND INTERPRETATION

The article headings used in this Agreement are included solely for ease of reading and understanding. The article headings are not taken into account in interpreting the Agreement and give rise to no other legal consequence.

18. PARTIAL INVALIDITY

If any provision of this Agreement is for any reason found to be invalid or unenforceable, that provision shall be reformed to the extent necessary to make it enforceable to the fullest extent permitted in a manner that reflects the intention of the parties, and the remainder of this Agreement shall remain in full force and effect unaffected. However, if it is determined that the provision concerned cannot be reformed, that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.

19. LIMITATION OF LIABILITY

19.1. FlameKO SHALL NOT, WITHOUT LIMITATION AS TO TIME OR THE TERM OF THE AGREEMENT, UNDER ANY CIRCUMSTANCES, ON THE BASIS OF CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER RULE OR PRINCIPLE OF LEGAL LIABILITY, AND EVEN WHERE FlameKO WAS AWARE OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF THE RELEVANT LOSS AND/OR WHERE SUCH A CLAIM OR DEMAND IS MADE, BE LIABLE IN ANY WAY TO THE USER, OR TO THIRD PARTIES BY REASON OF THEIR CONNECTION WITH THE USER, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL, PUNITIVE OR MULTIPLE DAMAGES ARISING FROM THE USER'S USE OR MISUSE OF THE FlameKO SITE AND ITS CONTENT, OR FOR LOSS AND CONSEQUENCES ARISING FROM ANY KIND OF GROSS NEGLIGENCE.

19.2. WHERE THE RIGHTS AND POWERS THE USER HOLDS UNDER THIS AGREEMENT ARE INFRINGED BY THIRD PARTIES, THE USER HAS THE RIGHT TO BRING PROCEEDINGS OR MAKE A COMPLAINT AGAINST THOSE COMMITTING THE INFRINGEMENT. IN SUCH CASES FlameKO WILL ALWAYS SUPPORT THE USER BEFORE THE OFFICIAL AUTHORITIES BY PROVIDING ANY DIGITAL DATA AND EVIDENCE IN ITS POSSESSION THAT FORMS THE BASIS OF THE RIGHT OR POWER CONCERNED, WITHIN THE STATUTORY RETENTION PERIOD AND PROVIDED THAT IT IS REQUESTED BY THE OFFICIAL AUTHORITIES.

19.3. THE USER MAY NOT UNDER ANY CIRCUMSTANCES CLAIM FROM FlameKO AN AMOUNT GREATER THAN THE SINGLE TRANSACTION PAYMENT FOR THE INDIVIDUAL TRANSACTION IN RESPECT OF WHICH THE ACT OR INFRINGEMENT RELIED ON IS CLAIMED.

20. EFFECT OF FORCE MAJEURE

FlameKO shall not be liable for delays in, or failure to perform, this Agreement by reason of events occurring outside its control, including but not limited to its inability to perform its obligations under this Agreement because of causes and events that arise outside the control of FlameKO and are very difficult to foresee, such as force majeure, natural disasters, war, terrorist attacks, insurrection, embargo, acts of civil or military authorities, fire, flood, accident, strike or restrictions on transport, or shortages of fuel, energy, labour or materials.

21. ASSIGNMENT AND TRANSFER

21.1. The User may not transfer to third persons or organisations, without the written consent of FlameKO, any right or power they hold directly or indirectly under this Agreement or over the services or content offered on the FlameKO Site, irrespective of whether the basis on which they hold it has the character of ownership.

21.2. FlameKO may at any time assign or transfer to third persons or organisations, in whole or in part, any right, power, debt or obligation it holds under this Agreement or in relation to the Site Content, on giving notice to the User.

22. JURISDICTION

The Istanbul Anatolian Courts and Enforcement Offices have jurisdiction in the resolution of disputes arising between FlameKO and its Users in relation to the use of the services offered by FlameKO.

23. INTERPRETATION OF THE EFFECT OF THE AGREEMENT

The acceptance of this Agreement by the User, its conclusion and performance between FlameKO and the User, or the User's use of the FlameKO Site or the Content, does not create any joint venture, partnership, employment or agency relationship between the User and FlameKO, and may not be relied on as a basis for such an interpretation. This Agreement does not affect any other contractual relationships previously concluded between its parties, to the extent that they do not conflict with the provisions of this Agreement.

24. NO WAIVER

The failure of FlameKO to enforce any provision of this Agreement shall in no case be interpreted as a present or future waiver of that provision, nor shall it in any way affect the right of either party to enforce that provision or any of the other provisions.

A definitive waiver by FlameKO of any provision or condition of this Agreement does not constitute a waiver of the obligation to comply with that provision or condition in the future.