Effective Date: November 29th, 2017
§ 1 Definitions
For the purposes of these Terms, the following expressions, used in this document, have the following meaning:
- Account – account of the User in the Service.
- Act on Electronic Provision of Service - the Polish Act on Electronic Provision of Service of 18 July 2002 (Journal of Law 2017 position 1219).
- Login Information - a login and a password to access the Account.
- Merchandise - goods or Service, which might be purchased in the Service by the User, as defined in the §4.
- Service – The set of games, software and resources managed by Service Provider and available through the Service website (http://swiftapps.pl) and on Google Play or AppStore as defined in the Act on Electronic Provision of Service. Service is addressed to individuals who have at least thirteen years old.
- Service Provider – a limited liability company funded and operating under the Polish law regulations, under the business name Swift Apps spółka z ograniczoną odpowiedzialnością sp.k. with its registered office in Kraków (zip code: 31-305, ul. Eljasza Walerego Radzikowskiego 3) entered into the Register of Entrepreneurs of National Court Register, maintained by the District Court for the Kraków-Śródmieście in Kraków, 11th Commercial Division of the National Court Register, under number KRS: 0000555791, NIP (Tax Identification Number): 6772389395, REGON (National Statistical Number): 361387746.
- User – Any person who has attained thirteen years, using Service provided electronically by the Service Provider.
- User Generated Content - content (such as texts, communications, images, sounds, and all the material, data) which User uploads, transmits or creates using the Service.
- Terms – these Terms of Service.
- Virtual Items - virtual in-game items together with virtual currency, which might be purchased in the Service by the User, as defined in the §4.
§ 2 General Provisions
- In accordance with Article 8 sec. 1 item 1 of the Act on Electronic Provision of Service the Service Provider shall establish the Terms specifying the rules that govern the electronic provision of Service.
- Terms are available without limitation and free of charge on http://swiftapps.pl prior to the commencing provision of the Service. These Terms are also available on the User’s submitted request in a way that allows the acquisition, recreation and recording of the content of the Terms via the ICT system used by the User as defined in Article 8 sec.1 item 2 of the Act on Electronic Provision of Service.
- Both User and Service Provider agree that if any part of these Terms is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the Terms, which shall continue to be in full force and effect.
- These Terms constitute the entire agreement between User and Service Provider regarding subject of the Terms and supersede any earlier agreements.
- These Terms governs relationship between User and Service Provider. It does not create any rights for anyone else.
§ 3 Service
- The use of the Service covered by the Terms is conditional upon having an access to (i) Internet, (ii) a software allowing to navigate Internet resources and (iii) an active electronic mail account. Before commencing use of the Service, User shall make sure that User’s device meets software and hardware requirements (especially access to the Internet and operating system such as Android or iOS) specified in particular game’s or software’s description.
- Service Provider shall make every effort to ensure a proper functioning of the Service and its availability, subject to any short technical breaks necessary to carry out activities related to servicing, maintenance, modification or update of the Service, as the case may be.
- User understands that the Service is an evolving one. Service Provider may require that User accepts updates to the Service and to Service Provider’s games that User has installed on its device. User acknowledges and agrees that the Service Provider may update the Service. User will be notified about any change of the Service.
- Each User of the Service covered by the Terms shall comply with all applicable laws in the User’s jurisdiction and the provisions of these Terms. User shall respect the following restrictions:
Any use of the Service in violation of the limitations specified above can result in the immediate revocation of User’s access to the Service.
- User shall not create an Account or access the Service if the User is under the age of 13,
- User shall not purchase, sell, rent or give away User’s Account, create an Account using a false identity or information, or on behalf of someone other than User;
- User shall not use the Account to spread or create content relating to violence, pornography, sexual, racial, ethnic, cultural or religious discrimination, promote alcohol, drugs or other forbidden substances, violate moral, social or ethic norms,
- User shall use the Account only for non-commercial purposes; User shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive or misleading messages to anyone,
- User shall not make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person,
- User shall not solicit or attempt to solicit Login Information or any other login credentials or personal information from other users of the Service.
- User shall not collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service.
- User acknowledges that despite the fact that the Service Provider adopted various modern defence technologies, there is no perfect protection against the undesirable actions such as various types of software designed primarily to inflict damage, such as in particular: viruses, “worms" or "Trojan horses". Using the Service may jeopardize Users the aforementioned undesirable software.
§ 4 Fees and purchases
- Using Service covered by the Terms is voluntary and free of charge, however User may purchase, with "real world" money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (a) "virtual currency", including but not limited to, virtual cash or diamonds, all for use in the Service; (b) "virtual in-game items" ("virtual currency" and “virtual in-game items” shall be jointly hereinafter referred to as "Virtual Items"); and (c) other goods (“Merchandise”). User is only allowed to purchase Virtual Items from the Service Provider or its authorised partners through the Service, and not in any other way.
- The transfer of Virtual Items and Merchandise is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, User shall not sell, purchase, redeem or otherwise transfer Virtual Items or Merchandise to any person or entity or attempt any of the aforesaid, including but not limited to Service Provider, another user or any third party.
- All purchases and redemptions of Virtual Items made through the Service are final and non-refundable.
- User agrees to pay all fees and applicable taxes incurred by the User or anyone using the User’s Account. Service Provider may revise the pricing for the goods and Service offered through the Service at any time. User acknowledges that the Service Provider is not required to provide a refund for any reason, and that User will not receive money or other compensation for unused Virtual Items when the Account is closed, whether such closure was voluntarily or involuntarily.
§ 5 Login information and the Account
- User may be required to select a password for the Account or may also use other credentials to access the Account. User shall not share the Account or the Login Information, nor let anyone else access the Account or do anything else that might jeopardize the security of the Account. In the event the User becomes aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, User must immediately notify the Service Provider and modify the Login Information. User is solely responsible for maintaining the confidentiality of the Login Information, and it will be responsible for all uses of the Login Information, including purchases, whether or not authorized. User is responsible for anything that happens through its Account.
- Service Provider reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party's rights.
- Service supports only one the Account per game on a supported device.
§ 6 Privacy
§ 7 License
- Subject to these Terms, the Service Provider grants every User non-exclusive, non-sublicensable, non-transferable, revocable licence to access and use the Service for User’s own non-commercial entertainment purposes. User agrees not to use the Service for any other purpose.
- Licence entitles the User to download, install, play and use games and software developed by the Service Provider. Beyond any doubt it does not give any ownership rights to the User.
- In justified cases the Service Provider may need to update the Service. This may mean some changes in the layout or functioning the Service if it is necessary to its optimization.
- Service Provider reserves all rights, including without limitation, all intellectual property rights or other proprietary rights to computer code, user interface, graphics, stories, dialogues, characters, look, audio, video, themes, objects, text, layout, databases, data and all other content, in connection with the Service.
- User shall follow the license relating to the Service. Under the license it is forbidden:
- to modify, distribute, translate, merge, decompile, reverse engineer, disassemble the Service, unless specific permission derives from these Terms or specific provisions of domestic law,
- to hack, harm, grief or misuse the Service,
- to interfere with the Service or third party network software, including via tunnelling, code injection, modifying or changing the software, using any other similar software together with software of Service Provider, through protocol emulation, or through creation or use of private servers regarding the Service,
- use or take part (directly or indirectly) in the use of cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service or any Service Provider’s game experience.
- disrupt, interfere with or otherwise adversely affect the normal flow of the Service or otherwise act in a manner that may negatively affect other users' experience when using the Service or playing games. This includes win trading and any other kind of manipulation of rankings, taking advantage of errors in the Service to gain an unfair edge over other players and any other act that intentionally abuses or goes against the design of the Service.
- institute, assist, or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the Service, or other attempts to disrupt the Service or any other person's use or enjoyment of the Service.
- attempt to gain unauthorized access to the Service, accounts registered to others or to the computers, servers, or networks connected to the Service by any means other than the user interface provided by Service Provider, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service.
§ 8 User Generated Content
- Service Provider assumes no responsibility for the conduct of any User submitting any User Generated Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. Service Provider does not, and cannot, pre-screen or monitor all User Generated Content. By using the Service, the User may be exposed to the User Generated Content that is offensive, indecent or otherwise not in line with the User’s expectations. User bears all risks associated with the use of any User Generated Content available in connection with the Service. Service Provider has the right, but not the obligation, in its sole discretion to edit, refuse to post, or remove any User Generated Content.
- By entering into these Terms User grants to Service Provider an irrevocable, perpetual, transferable, royalty-free, worldwide license (including the right to sublicense and assign to third party) and right to copy, reproduce, fix, adapt, modify, create derivative works from, manufacture, commercialize, publish, distribute, sell, license, sublicense, transfer, lease, transmit, publicly display, publicly perform, or provide access to electronically, broadcast, communicate to the public by telecommunication, display, perform, enter into computer memory, and use and practice, in any way, User Generated Content as well as all modified and derivative works thereof in connection with provision of the Service, including marketing and promotions of the Service. User also hereby grants to Service Provider the right to authorize others to exercise any of the rights granted to Service Provider under these Terms.
§ 9 Using games and software in fan work and "let’s play" content
Service Provider allows the User to create fan work (e.g. machinima, 'Let's Play' or other videos, artwork and fan mods) regarding Service Provider’s games. User does not need Service Provider’s permission to monetize use of such fan work on video-sharing websites. User is responsible for such fan works (especially any content which User makes or which involves third parties).
§ 10 Termination
- Terms shall be concluded for an indefinite term. User may terminate the Terms at any time by terminating the Account.
- Service Provider reserves right to cancel or suspend User’s access to the Service if User materially breaches these Terms. Service Provider will try reasonably to contact User to explain why is it so and what (if anything) User can do as a result. If the Service Provider has to stop providing access to any Service permanently (not because of any breach by User), the Service Provider will try to give User at least thirty (30) days advance notice by posting a note on http://swiftapps.pl
§ 11 Complaints
- Each User may file complaints in case of concerns to the functioning of the Service, via the contact form located at the Service Site at http://swiftapps.pl/contact/
- Complaints should include at least the subject – matter of the complaint and the justification.
- Complaints are considered immediately, but no later than within 14 days as of their receipt. A response concerning the complaint is sent by the Service Provider to the User to the e-mail address indicated in the complaint.
- Parties agree that using of Service, and these Terms, will be governed by and interpreted according to the laws of Poland and any dispute regarding it will be exclusively under the jurisdiction of the courts of Poland.
- In accordance with Article 38 item 1 of Act of Consumer Rights, the User agrees to provide the User with the Service before the expiry of the 14-day withdrawal period. Accordingly, the User is no longer entitled to the right of withdrawal.
§ 12 Final provisions
- In case of any questions regarding the operation of the Service the User should contact the Service Provider via the contact form located on the Service website at http://swiftapps.pl/contact/
- Service Provider may amend the Terms. Service Provider shall announce of any changes at least 14 days in advance, by giving to Users of an adequate notice. In case the User does not agree to a new wording of the Terms, they should refrain from using of the Service and to cancel the Service provided electronically by the Service Provider under the Terms, before the entry into force of the revised Terms.
- Service Provider shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of the Service Provider, including any failure to perform hereunder due to unforeseen circumstances or cause beyond Service Provider’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labour or materials.
- For new Users these Terms shall enter into force on the day of its publication, and for the existing Users – according to the section 12.2. above.