Heyplays Membership Agreement

Article 1: Subject Matter
1.1. This Membership Agreement (the “Member Agreement”) has been concluded between heyplays.com (“Heyplays – Digital Product Purchasing”) and the Member (“Member”), based in the United Kingdom, in order to determine the conditions of the Member’s use of the services offered by Heyplays on the Website.
1.2. In this Membership Agreement, Heyplays and Members are referred to as “Party” and “Customer Parties”.

Article 2: General Provisions
2.1. Heyplays operates an online e-commerce platform called heyplays.com, which brings together consumers to purchase digital games. Heyplays is the sole seller of all products or services contained on the Website and is responsible for providing these products and services.
2.2. In accordance with this Membership Agreement, the Member wishes to become a member of the e-commerce platform heyplays.com, which is managed by Heyplays Ltd, and to purchase digital games sold by Heyplays.
2.3. The purpose of this Membership Agreement is to establish the conditions of the Member’s enjoyment of the Services provided on the Website by Heyplays and to identify the rights and obligations of the Parties in this regard. By accepting this Membership Agreement, the Member acknowledges, declares, and undertakes that he/she has also accepted all statements related to the Services, uses, contents, applications, Members, and users contained in and to be contained by the Member Agreement on the Website.
2.4. For the avoidance of doubt, this Membership Agreement covers the form and terms of the Services provided to the Member only between the Parties and by Heyplays.

Article 3: Definitions
3.1. Privacy Policy refers to the general privacy policy of Heyplays regarding the use of personal data and cookies, including the purposes for which they are transmitted by Members through the Website and how they are used by Heyplays (https://www.heyplays.com/privacy-policy).
3.2. My Account Page refers to a page for a Member that can only be accessed by the username and password specified by the Member concerned, where the Member can perform the necessary operations to use the various applications and Services contained on the Website, and enter his/her personal information and the information requested from him/her.
3.3. Service means the practices established by the Membership Agreement to enable Members to carry out their work and operations as defined in this Membership Agreement.
3.4. Seller’s Membership Agreement means a legal/real member who is a member of the Website under the Seller Business Partnership and Advertising Agreements and who offers various products and/or services for sale through ads posted through an account created on the Website.
3.5. Member means a person who is a member of the Website under this Membership Agreement and who purchases the products and/or services offered for sale by Heyplays.
3.6. Website refers to the website and mobile applications of heyplays.com (including the mobile application site) owned by the domain name, which belong to Heyplays and which are available on the Services set out in this Membership Agreement.

Article 4: Rights and Obligations of the Parties
4.1. In order to obtain membership status, the user wishing to become a Member must approve the present Membership Agreement on the Website, fill in the information requested herein with accurate and up-to-date information, and the application for membership must be approved and evaluated by Heyplays. The user who wishes to become a member will be considered to be 18 (eighteen) years of age. With the completion of the approval process and notification to the Member, the Membership status begins and thus the Member acquires the rights and obligations set forth in this Membership Agreement and the respective parts of the Website. Any Member who does not provide accurate and up-to-date information when filling in the Membership Agreement shall be personally liable for any damages that may arise as a result. The Member has the right to terminate the Membership status at any time by pressing the “Membership Cancellation” button accessible from the My Account Page.
4.2. If there is a dispute as to which person the membership rights and obligations belong to, and the persons concerned are requested to do so by Heyplays, the Member shall act in this direction, acknowledging that the last person who has paid to the Member for any Service using the respective Membership account is the owner of the Member’s account. In such a case, Heyplays reserves the right to act independently of the rule set forth in this Article 4 with regard to membership information, membership transactions, and similar information.
4.3. The Member acknowledges and declares that, in the event that he or she wishes to initiate any legal proceedings or purchase processes in connection with any advertisements displayed through the Website, he/she is bound to comply with all necessary legal obligations and procedures, including those contained on the Website and that there is no information or liability of Heyplays in relation to such obligations or procedures.
4.4. Heyplays is responsible for the authenticity, reliability, accuracy, and compliance of any visual, written, or external content contained on the Website. Heyplays has the right, in its sole discretion and without any obligation, to review such content at any time and, if necessary, to block access to and delete it. Any person who infringes the rights of Heyplays or any third party by any visual, written, or non-public content posted on the Website shall be liable to it and/or to such third parties.
4.5. The Member acknowledges and declares that Heyplays is the seller of any product or service contained on the Website; the Member is the buyer of any distance sales contracts to be purchased from Heyplays through the Website; the Member is not a party to any other contract; and therefore is solely personally liable under the applicable consumer law legislation and applicable legislation. In this context, Heyplays is responsible for the quality of all products displayed and sold on the Website, their compliance with the legislation, the issuance of warranty certificates, the invoicing and delivery of other necessary documents, and the delivery of services required after the sale and the products during the period.
4.6. The Member agrees to act in accordance with the provisions of this Membership Agreement, all the conditions set forth on the Website, the applicable legislation, and moral standards in any transactions and correspondence carried out on the Site. The Member shall bear legal and criminal responsibility for his or her actions and actions within the Website.
4.7. Heyplays may, at the request of the competent authorities in accordance with the applicable legislation, share the information held by the Member with those authorities.
4.8. Any personal data obtained from Members during membership and/or during purchases on the Website may be transferred to other Members and/or Vendors who may be a party to the dispute in the context of fraud, fraud, or misuse of the Website, disputes arising from matters which may constitute a crime, for the purposes of exercising the legal rights of the parties, limited to the subject matter requested, and limited to this scope only.
4.9. The username and password information required by the Member to access the My Account Page and to carry out transactions through the Website is generated by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The Member acknowledges, declares, and undertakes that the transactions carried out under his username and password have been carried out by him, that the liability arising from these transactions is his or her own, that he or she will not make any defence and/or objection to the work and transactions performed in this way without him or her having performed it, and/or will not refrain from fulfilling its obligations on the basis of these defences or objections.
4.10. The Member shall not use the Website in any unlawful or immoral manner, including:
– 4.10.1. Use of the Website for the purpose of creating, checking, updating, or modifying a database, record, or guide on behalf of any person;
– 4.10.2. Use of the Website to corrupt, modify, or reverse engineer all or part of the Site;
– 4.10.3. Use of false information or information of another person to perform transactions, use of incorrect or misleading residence address, e-mail address, communication, payment, or account information, including false or false personal data, to create untrue Member accounts and to use such accounts in violation of the Membership Agreement or applicable legislation, to use the account of another Member without authorization, to replace another person, or to participate in an incorrect transaction or transaction;
– 4.10.4. The use of the review and rating systems, except for purposes other than the dissemination of comments on the Website, or for the purpose of manipulating the systems;
– 4.10.5. The spread of viruses or any other technology harmful to the Site, the database of the Website, or any content contained on the Site; and
– 4.10.6. The collection without the permission of the persons concerned of any information, including e-mail addresses of Members or Vendors;
– 4.10.7. The use of automated programming, robots, web crawls, spiders, data mining, and data crawling software or systems on the Website without the prior written permission of Heyplays, or the use of “screen scraping” software or systems, such as automated programs, robotics, crawlers, spiders, scrapers, etc., without prior written authorization of Heyplays, and by copying, publishing, or using all or part of any content contained in the Website.
4.11. The Member is obliged to carry out his/her operations on the Website in a manner that does not technically harm the Site in any way. The Member agrees to take all necessary precautions to ensure that any information, content, material, and other content provided to the Website does not contain any programs, viruses, software, unlicensed products, Trojan horses, etc., that may damage the system

, that all necessary software and hardware measures have been taken, including the use of anti-virus programs, and that Heyplays shall not be held liable for any damages suffered by the persons concerned.
4.12. The Member may not transfer this Membership Agreement or any part or all of its rights and obligations under this Membership Agreement to any third party without the prior written consent of Heyplays. Heyplays, however, may transfer its rights and obligations under this Agreement to third parties without the consent of the Member.

Article 5: Sanctions
5.1. If Heyplays determines that a Member is in violation of any provision of this Membership Agreement and/or any rule and condition contained in the Website, Heyplays shall be entitled to suspend, cancel or terminate the membership of such Member and to initiate any judicial or legal proceedings for such breach.
5.2. The Member acknowledges that he/she will not be entitled to any compensation for damages or damages arising from the suspension or cancellation of his/her membership status by Heyplays.

Article 6: Suspension, Termination, and Termination of the Agreement
6.1. This Membership Agreement will remain in effect as long as the Member logs in using his/her username and password.
6.2. Either Party may terminate this Agreement at any time for convenience, without cause, or without reason.
6.3. Either Party may terminate this Agreement by written notice to the other Party in the event of a material breach of this Agreement.
6.4. If the Member violates any provision of this Membership Agreement and/or any rule and condition contained in the Website, Heyplays shall be entitled to suspend, cancel or terminate the membership of such Member and to terminate this Agreement unilaterally and without any liability.
6.5. In the event that this Agreement is terminated for any reason, the Member shall immediately cease using the Website and shall be obliged to destroy any information or content related to this Membership Agreement in its possession.

Article 7: Amendments to the Agreement
7.1. Heyplays may, at any time, change the terms of this Membership Agreement by posting the updated terms on the Website. The revised terms shall be effective immediately upon posting on the Website. The Member’s continued use of the Website constitutes acceptance of the revised terms.

Article 8: Governing Law and Jurisdiction
8.1. This Membership Agreement is governed by the laws of the United Kingdom. Any dispute arising out of or in connection with this Membership Agreement shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

Article 9: Miscellaneous
9.1. If any provision of this Membership Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
9.2. This Membership Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.