BYNOGAME® USER AGREEMENT  

This user agreement sets out the terms on which ByNoGame offers you access to and use of our Services.

BY REGISTERING FOR OUR WEBSITE, YOU AGREE, DECLARE, AND UNDERTAKE THAT YOU HAVE READ, ACKNOWLEDGE THE USER AGREEMENT, AND ACCEPT AND AFFIRM ITS PROVISIONS

1. Parties  

This Bynogame® User Agreement (herein referred to as the 'User  Agreement) which comprises the contract and its materials, and annexes (APPENDIX-1  Privacy Policy) that are referred to herewith and that are an integral part of the agreement, is entered into between Nogame Technology Ltd. (hereinafter referred to as ByNoGame) 115A, Level 5, Valley Road Birkirkara BKR 9024 Malta and the User registered for the Website, and is issued for User’s registration for the Website and this agreement’s affirmation by the User electronically on the Website.

By registering the WEBSITE, the User agrees, declares, and undertakes that he/she has read the User Agreement in its entirety and understands its content, and affirms all of its provisions.  

2. Definitions

User means a natural or juridical person that is registered for the Website and that benefits from the Services offered on the Website, within the terms specified in this agreement.  

Website means the web page with the domain name https://www.bynogame.com/tr and its subdomains connected with it, and a platform in which products are provided.

E-Pin (Electronic Personnel Identification Number - Epin) means an in-game payment method available in many games.

BNGPay means a donation system of Bynogame®.  

Gold Bar means the In-game currency of Knight Online.  

Item means in-game clothing and equipment of Knight Online.  

Skin means an in-game item available on the Steam platform for customization of character appearances.

Key means in-game keys available on the Steam platform. 

Character means a person or any other entity acting in a game of Knight Online.

Marketplace means a selling place with a wide variety of product categories in which Bynogame® buyers and sellers meet for shopping.

My robot means an automated bot program that works through Google plug-ins and allows automatic approval for selling skins.

3. Subject and Scope 

The subject of the User Agreement is to set forth the Services offered on the Website, the terms for benefiting from these Services, and parties’ rights and obligations as defined thereinafter.  The scope of the User Agreement is this agreement, its annexes, and the representations such as all remarks, articles, and statements by Bynogame® concerning the use, membership, and Services on the Website. By accepting the terms of the User Agreement, the User agrees to Bynogame®’s representations concerning the use, membership, and Services on the Website as well. The User agrees, declares, and undertakes to act in accordance with the provisions stated in the aforementioned representations.

4. Terms of Registration and Use of Service

a) Registration is completed by means of providing identity details necessary to sign up for the Website and by registration being confirmed by Bynogame®. Without the completed registration, a right and warrant to become a User defined in this agreement shall not be granted.

b) In accordance with article 5.2 of this agreement, the User should not have been temporarily suspended or banned from being a member indefinitely by Bynogame®. Registration of the Users who are temporarily suspended or banned from being a member indefinitely by Bynogame® in accordance with article 5.2 of this agreement shall not result in becoming a member.

5. Rights and Obligations  

5.1. User's Rights and Obligations  

a) The User agrees, declares, and undertakes that he/she shall comply with the terms of the User Agreement, and terms on the related Website and all applicable legislation as he/she benefits from the Website, and proceeds with any transaction related to any Services on Website and that he/she has read and agreed to all terms and conditions. 

b) In accordance with applicable compulsory legislation provisions or the case of a claim for a breach of other Users' and third parties' rights, the User agrees, declares, and undertakes that Bynogame® shall be authorized to disclose User's confidential/personal/commercial information to both competent authorities, and rightsholders and that he/she shall not demand compensation from Bynogame® under any circumstances whatsoever.

c) Users shall be solely held liable for the issues in relation to security, storage, avoidance of disclosure to third parties, and use of access tools (username, password, etc.) with intent to benefit from the Services provided by Bynogame®. Bynogame® shall not be directly and/or indirectly held responsible for the losses incurred or to be incurred by the Users and/or third parties in relation to all omissions and neglects regarding security, storage, avoidance of disclosure to the third parties, and use of User's access tools.

d) The Users agree, declare, and undertake that the information and contents provided by themselves on the Website are accurate and lawful.  Bynogame® shall not be obliged and liable for stipulating and assuring that the information and contents provided to Bynogame® by the Users or inserted, amended, or provided by themselves on the Website are secure, accurate, and lawful, nor shall be Bynogame® held responsible for the losses related to such information or contents being incorrect or inaccurate.

e) Without the written consent of Bynogame®, the User shall not partially or completely convey their rights and obligations within the scope of the User Agreement to any third party.

f) Those who benefit from the Services provided by Bynogame® and use the Website, may transact on the Website only for lawful purposes. For all transactions and acts of the Users within the Website, all civil and criminal liability related to themselves. User agrees, declares, and undertakes that he/she shall not copy, replicate, distribute, process the images, texts, audiovisual images, video clips, files, databases, catalogs, and lists within the Website by invading the rights in kind or personam or the assets of Bynogame® or any other third party, and that shall not directly and/or indirectly compete against Bynogame® with these acts nor other ways. Bynogame® shall not be directly and/or indirectly held responsible for the losses incurred or to be incurred by the Users and/or third parties in relation to the acts on the Website in defiance of the User Agreement's provisions and/or the law. Otherwise, Bynogame® reserves every right for a legal act, complaint, and recourse.  

5.2. Bynogame®'s Rights and Obligations  

a) Bynogame® reserves the right to amend the Services and content provided on the Website at any time. Bynogame® may exercise the right without giving prior notice or time. 

b) Bynogame® shall not be liable for typographical mistakes in the product prices on the Website.  

c) For all products on Bynogame®, instant change of price may occur. In this case, the User shall transact over the prices applicable at the moment of payment and purchasing, not at the moment of the initial price. The User aforementioned in this agreement is deemed to accept that an instant change of price may occur.

d) Bynogame® may provide ‘links’ for the other websites and/or portals, files, or contents that are owned and operated by other third parties, through the Website. These 'links' may be provided to the Users by Bynogame® for ease of reference only and do not constitute any kind of representation or guarantee for the purposes of supporting the other website or the person who operates the website or towards the website, or the information it contains.  Bynogame® shall not be liable for websites and/or portals and their provided services or products or contents, files, or other contents that are accessed through these ‘links’.

e) As Bynogame®, we do not harbor any viruses, trojans, or Ad-Aware (advertising campaign) on the Website www.bynogame.com.

f) Bynogame® may use the User’s data on the Website or related to the membership for User security, performing the obligations, and certain statistical analyses and may assort, and store.

g) Within the scope of the Services provided on the Website, Bynogame® shall not act as an arbiter or arbitrator for the disputes between the Users and producers.

h) Users and Bynogame® are judicially self-contained parties. Affiliation, legation, or employee-employer relation are not formed in between, and shall not be formed as a result of the User Agreement’s acceptance and performance. 

6. Deposits, Withdrawals, and Refunds

1) Deposit through Bynogame®

a) Users are obliged to withhold the documents such as bank receipts, and ATM (Automatic Teller Machine) receipts after depositing. If necessary, you shall be requested to provide these documents. Otherwise, Bynogame® shall not be held liable for the deposits.

b) Deposit shall be reflected in your accounts by the means of the deposit description. Bynogame® shall not be liable for the damages resulting from the incomplete or incorrect description or transfer to an incorrect address.

c) Within 3 calendar days, the deposit should be entered into the account and the information about the deposit should be provided to us for verification. Bynogame® shall not be held liable for not entering deposits and not providing deposit information after 3 calendar days.

d) Bynogame® may demand you to share your personal information (Identity card, Driver’s license, and receipt) in the case of deposits or cash in high quantity to the Website.

e) Param, Gpay, and Iyzico are virtual POS terminal systems. For the deposits made through these payment channels, you may be requested additional information and documentation. Bynogame® shall not be held liable for any communication established in between, and documents provided to these channels. Commissions of the payment services providers and banks are at your sole expense. Deposits are made in accordance with these commissions and at your sole approval.

2) Withdrawal requests

a) Through Bynogame®, you can only withdraw your earnings from the SALES (skin, key, GB selling). Balance, bonuses, and gift cards shall not be regarded as earnings. The balance amount can be used only for shopping on the Website.

b) The User is liable for the accuracy of the bank account number to which the earnings from the SALES are to be withdrawn. The remitter (Bynogame®) shall transfer the amount without confirming the bank account number and name mismatches. Bynogame® shall not be held liable for such incorrect information.

c) Users may only request withdrawals to their personal bank accounts, not to any others' bank accounts.

d) For withdrawal request to Ininal cards, Ininal daily and monthly card limits is the liability of the card owner. Bynogame® shall not be held liable for withdrawals requested without checking the Ininal card limit.

e) Bynogame® may demand you to share your personal information (Identity card, Driver’s license, and receipt) in the case of deposits or cash in high quantity to the Website.

3) Deposit Refunds

a) Through Bynogame®, you can only withdraw your earnings from the SALES. In case the product you purchased is not delivered by the seller, you can request a refund. Refunds are only issued through the same payment channel and payment method you purchased the product with.

b) Bynogame® is not liable for the refund periods of the payment channels and banks. The refund period is 3 business days for transfer/EFT deposits, 3-12 business days for credit card deposits, 15 business days for debit card deposits, and 3 business days for Papara deposits.

c) The balance amount is only for shopping, and cannot be withdrawn.

d) Mobile deposits made through postpaid and prepaid lines cannot be refunded and can be used only for shopping.

7. Product, Services, and Product Returns

7.1 Knight Online

a) For Gold Bar (GB) orders, it is stated on Bynogame® Website that in-game communication shall not occur. The User, not Bynogame® is solely liable for being decepted and losses resulting from the acts of the in-game defrauders that are using similar character names (nicknames).

b) In-game defrauders may request a return of GB, which its delivery is completed, by using nicknames similar to ours. Bynogame® shall not indemnify your losses resulting from you being decepted to fraudulent messages with such reasons as promotions, discounts, and taking pictures and from you returning the GBs. 

c) The time period for the delivery of Knight Online items and character (char) selling is 1 hour. At the end of 1 hour, the BUYER reserves the right to cancel the transaction or wait 24 hours at his/her sole discretion.

d) The buyer assumes full responsibility from the moment of purchasing the in-game service. Bynogame® shall not be held liable for being banned, hacked, and such.

e) The seller agrees to keep a listing up to date and to delete the listing that is not up to date. The seller that has 3 failed delivery shall receive a listing ban on the website for the time period designated by Bynogame®.

f) The seller is liable for the listing's title, image, comments, and description. The buyer reserves the right to return the product in the case the seller not delivering the correct product.

g) The seller is liable for the listing's title, image, comments, and description. In the case of the listing not matching its description, the seller shall indemnify the losses with the consent of the buyer or the Ring shall be returned. In the case of the Ring being unsealed, the seller shall recover the expenses. All transactions shall be performed under the supervision of Bynogame® to prevent any misuse.

h) The buyer cannot cancel the order during the time of the 1-hour delivery time period. At the end of this time period, the buyer can cancel the order in case of the seller not delivering.

i) When the seller delivers the Ring within the time period of 1-hour, the buyer cannot return the Ring, except when the Ring is faulty. The character nickname is NEVER A REASON FOR A RETURN by the buyer. The buyer may change the character nickname by purchasing NCS in the case that he/she does not approve of the character nickname.

7.2 Skin Delivery

a) The time limit for the sales of CS: GO, DOTA2, H1Z1, and TF2 skins is set out as 1 hour. At the end of 1 hour, the BUYER reserves the right to cancel the transaction or wait 24 hours at his/her sole discretion.

b) Being informed about the in-game price of a skin/item is under the buyer’s liability. The buyer shall not hold Bynogame® liable for the faulty marketplace value of a purchased skin. The buyer agrees, declares, and undertakes that he/she is informed about the marketplace value and the seller may list a skin/an item with a price he/she wants.

c) In case of the seller not delivering a sold listing to mark up the price, he/she shall receive a listing ban on the website for the time period designated by Bynogame®. In the case of the seller providing Live Support with information about a technical error or there is an inadmissible price difference before the listing is sold, Bynogame® shall decide by evaluating all the records.

7.3 BNGPay

a) Users of BNGPay which is the donation system that Bynogame® provides to streamers are severally liable for all the terms of this agreement.

b) BNGPay streamers shall not be deemed as Bynogame®'s affiliates, partners, or employees.

c) BNGPay streamers shall comply with all prohibitions of stream platforms and shall be solely liable for disorderly shares such as violence, terrorism, and drugs. The streamer agrees, declares, and undertakes that he/she shall indemnify Bynogame®'s, its affiliates, and all employees' losses arising from such a disorderly act.

d) BNGPay donation system cannot be used for money transfers or commercial purposes. An account that is detected performing such acts, shall be banned with its balance from the website infinitely. Bynogame® reserves the right to delete your Donate link and cancel the "No-Cost" Plan without notice.

7.4 Myrobot

a) Myrobot is a service that operates through Google plug-ins for sold skins to be automatically directed for your approval. By agreeing to sell through this plug-in, you accept and addeem that you shall be SOLELY liable for all transactions regarding the deliveries. Any of your losses shall not be indemnified by Bynogame®.

b) Steam Web API Key security control, taken measures against fraudulent trading, the security of your data are on your liability. You shall be solely liable for the losses arising from not taking any security measures. Bynogame® is not obliged to give any warning or provide any training about such.

c) Any restriction on your Steam account, lost skins, or data loss is your liability. Bynogame® shall not be held liable for such issues you may encounter. Right of litigation shall be reserved for any false defamations about Bynogame® or Myrobot.

7.5 Marketplace

a) Bynogame® Marketplace is a selling place with a wide range of product categories used between the Buyers and the Sellers. Bynogame® shall not be held liable for any disputes between the Buyer and the Seller. In case of a dispute, all transactions shall be reviewed, and the party that provided misleading information shall indemnify the losses and shall be banned unlimitedly.

b) The Seller is liable for a completed account sale for 3 months. The Buyer and Bynogame® reserve the right to file a legal action in case of the Seller retrieves the account that is transferred. The Marketplace sales terms have been expanded on in the Sales and Purchases Agreement. By accepting the terms of this agreement are deemed to be accepted all articles of the Sales and Purchases Agreement.

7.6 Product Returnings

a) The product mediated on the Website such as received Epin, GB, Item, or Character cannot be returned.

b) You will be asked to share a screenshot and player nickname (ID) in case of an issue related to the purchased code. A support ticket will be created for the supplier and you will be informed about the response. This period takes up to 72 hours.

c) You should use the Epins you purchased at once. Bynogame® shall not be liable for Limited Epins being any longer valid, and invalid due to in-game package changes.

d) In the case of transfer damage to the products you purchased from the Sellers in Marketplace, a statement and a photograph of the package shall be taken while the cargo courier is at the door. In the absence of these, the seller shall not be informed.

e) The time limit for in-game currencies on Marketplace is 30 minutes. The time limit for all other Marketplace products is 1 hour.

8. Privacy Policy

8.1 We use your data for:

a) Financial and identity controls, fraud prevention controls, money laundering, and credit controls,

b) Customer services including providing answers to questions, feedback, and complaints,

c) Tightening the service security, and

d) Providing you with information on service amendments.

8.2 Protection against defraudation

a) In case of any suspicious transactions on the Website, the Buyer and Bynogame® being unjustly treated with the purposes of defraudation, we may share information with relevant authorities to arrange pay settlement and the inspection towards preventing money laundering.

b) Bynogame® may use the data concerning Users in compliance with the regulations in Appx. 1 Privacy Policy of this agreement. Bynogame® does not put the data concerning Users in service of third parties or authorities, except in case of defraudation and money laundering suspicion mentioned in the User Agreement.

8.3 Protection against money laundering

a) What am I requested to do?

You may be requested to verify your identity and other personal data. Bynogame® may subject you to an exclusive verification method for you to prove your identity and associate it with your bank account number. Bynogame® may subject you to periodical transaction limits by your account and User status to protect our payment system’s safety.

b) When?

Whether you are registering as a new member or you are a member for a while,  you may be requested to verify your identity.

c) Why?

Crime and terrorism require cash. Criminals are laundering ‘dirty’ cash that is collected from defraudation, gambling, and theft, by using fake IDs and names of innocent people such as you. People proving that they are who they say they are is essential for the fight against crime and terrorism. This does not mean that you are suspect. The information related to your identity is kept confidential and this helps to prevent your identity from fraudulent use.

d) Who does it concern?

It concerns all related establishments dealing with legislation of your residence country and financial services. All jointly are unifying in determination to prevent the spread of financial crime as part of international efforts to prevent financial crime, and they are protecting all of us against crime and terrorism.

9. Miscellaneous

9.1 Intellectual property rights

a) All elements (works subject to Bynogame®'s copyright including but not limited to design, text, image, HTML code, and other codes) of the Website are used by Bynogame® and/or under the license right obtained by Bynogame® from a third party. Users cannot resell, share, distribute, present, copy, create/prepare derivative works from Bynogame® information and Bynogame®'s copyrighted works or cannot authorize anyone else to access or use Bynogame®'s Services. Users acting otherwise shall be liable for discharging a compensation claim issued for Bynogame® and indemnifying all losses including but not limited to court fees and attorney fees, arising from damages of third parties including and not limited to licensors.

b) Bynogame® reserves all rights towards rights in kind or personam, commercial information, Know-How, and all assets including Bynogame® information, Bynogame® copyrighted works, Bynogame® trademarks, Bynogame® trading views or any tangible and intellectual property rights owned through the Website.

9.2. Contract amendment

Bynogame® at its sole discretion and unilaterally may amend this User Agreement at any time. The amended provisions of this User Agreement shall remain in force and bear provisions, and consequences. This User Agreement cannot be amended by the User’s unilateral declaration.

9.3. Force Majeure

Bynogame® shall be relieved of its liability mentioned in this User Agreement for delayed or partial or total nonperformance of obligations if such non-performance is due to juridically Force Majeure circumstances. Such circumstances which are delayed or partial or total non-performance for Bynogame®, shall not be deemed as default, or for such circumstances, compensation shall not be claimed from Bynogame® regardless of the name under which. “Force Majeure” including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions shall be interpreted as circumstances beyond the reasonable control of the related party and which cannot be prevented despite due diligence and which cannot be evited.

9.4.  Applicable Law and Authority

Turkish Law and Turkish Courts shall be applicable for this User Agreement's implementation, interpretation, and management of legal relations arising within its provisions. In case of any disputes arising from this User Agreement, Izmir Turkey courts and Execution Offices shall be authorized.

9.5. Contract termination

This User Agreement shall remain in effect as long as the User is a member of the Website and shall bear provisions and consequences between the parties. The User's membership shall be deemed to have ended in the event of a temporary or permanent suspension of the membership. Bynogame® may terminate the contract unilaterally in case of the breach of this User Agreement and/or suchlike terms related to usage, membership, and Services on the Website, and the Users shall be liable to indemnify all losses of Bynogame® due to termination, if:

a) The User, by using any method, acts in a way that may harm the operation of the Website.

b) The User allows others to use the membership account created for oneself.

c) The User acts in a way that violates and/or threatens to infringe on the rights of third parties,

10. Contract appendixes

Appx. 1  Privacy Policy

We, Bynogame®, adopted providing a much more secure internet environment for our registered users as a principle. Thus, we entitled our members to various privacy rights so that they feel more comfortable.

a) Bynogame® does not disclose your membership and personal data to other users and third parties without your consent, except as expressly set forth in the User Agreement. However, the data may be used for customer profiling and statistical studies within the structure of Bynogame®.

b) The data provided by you can be accessed and amended only by you, except by Bynogame®. Any other member or User cannot access or amend your data.

c) With your sole discretion, you may share the personal data requested during the registration, except obliged data, with Bynogame®. In the case of not preferring to share such data with Bynogame, you are not obliged to do so.

d) Please take notice that the transactions we provide for you such as activation through mobile phones, static IPs, and saving IP data are towards secure shopping for the customers. For example regarding entering an identity number, the User may give a similar answer number that matches the identity number algorithm. The answer to the question "Enter your mother's maiden name" that banks ask you is only a password-passphrase dilemma and if you don't forget different information even after first saving it to the bank's system, you proceed with your transactions with the same information (even if this answer is not really your mother's maiden name). Bynogame® does not intend to receive users’ confidential data as answers to its questions. As required by the Privacy Policy and the encryption algorithm, this data cannot be accessed, even by the employees of Bynogame®. Bynogame® guarantees not to disclose your personal data to any entity. Bynogame® shall not be held liable or responsible for disputes arising from misleading info in lieu of correct and accurate data provided by users.

e) Bynogame® reserves the right to amend the clauses in this agreement when needed.

In case of any disputes arising from this agreement, Izmir courts and Execution Offices shall be authorized.