§1. General provisions
- These Regulations define the terms and conditions of using the Application Warshovel as well as the rules for obtaining information and posting content in this application.
- Warshovel is an Application that allows you to maintain your account and play online the game Warshovel.
- The owner of the Application Warshovel is PuppyBox, Kamil Rykowski, e-mail: firstname.lastname@example.org
- Terms used in the Regulations have the following meaning:
- Application - a mobile application managed by the Service Provider in English that allows the User to maintain their account and play the Warshovel game online;
- Service Provider – PuppyBox, Kamil Rykowski, e-mail: email@example.com;
- Service – a full range of services provided electronically by the Service Provider to Users in the scope specified in the Regulations. The essence of the service is to enable access to the account via the Internet and to play the Warshovel game online;
- User - all entities using the Application;
- User Account - an individual User's account in the Application, containing individual User's data and enabling the use of the Services provided through the Application;
- Consumer – pursuant to the Act of 23 April 1964 of the Civil Code - a User who, as a natural person, performs a legal action via the Application not related directly to its business or professional activity. Consumers, within the meaning of these Regulations, are also entrepreneurs running a one-man business, concluding contracts of a non-professional nature resulting from the subject of their activities;
- Users may contact the Service Provider by electronic means using the e-mail address: firstname.lastname@example.org
§2. Services provided by the Application
- The Service Provider provides electronic services to Users on the basis of distance contracts concluded between the User and the Service Provider.
- The Service Provider charges fees for providing certain Services to Users.
- The essence of the Services is to enable access to the Application via the Internet. Through the Application, the Service Provider provides, inter alia, the following types of Services:
- Creating and maintaining a User Account;
- Allowing to play the Warshovel game online;
- Enabling payments in the Application;
- Enabling individual communication between Users and general communication on the chat visible to all Users.
- The conclusion of the Services agreement takes place upon full and correct registration in the Application. The agreement is concluded for an indefinite period. The User may terminate the above-mentioned Services agreement at any time by deleting the Account, as specified in these Regulations.
- Using the Services referred to in item 3 requires registration of a User Account.
- The Service Provider is entitled to modify, including expanding the scope of the Services.
§3. Registration in the Application
- Users register their individual accounts in the Application.
- Individual accounts enable Users to use all functionalities of the Application.
- Registration in the Application is made by connecting to the User's account in a separate portal or social media.
- Only persons authorized to represent the User or having appropriate authorization may perform the application, registration of the User Account and subsequent actions within the Application on behalf of and for the benefit of the User.
- It is not allowed to provide false data.
- It is not allowed to set up a User account by means of an automat.
- In the event of reasonable doubts as to the truthfulness of the data provided by the User, the Service Provider may refrain from creating a User Account or suspend the functioning of the User Account until the doubts are clarified.
- The Account contains the data provided by the User during registration and the subsequent use of the User Account. In the event of a change of any of these data while using the Application, the User is obliged to update them immediately.
§4. General rules of using the Application
- In order to be able to use the Services via mobile devices, the User must meet the following technical requirements:
- have a computer, laptop, mobile phone or other device with Internet access;
- have access to electronic mail.
- Any actions taken by Users should be in accordance with applicable law and best practices.
- It is now allowed to use the User Account in any way to the detriment of other Users, the Service Provider and third parties.
- Each User is obliged to:
- use the provided functionalities and resources of the Application in accordance with the purpose of the Application;
- comply with the principles of Polish law,
- respect for the rights and personal rights of other Users,
- not act to the detriment of other Users, the Service Provider and third parties.
- The content posted by Users in the Application is their property and only they are responsible for any infringement of third party rights.
- It is strictly forbidden and constitutes a violation of the Regulations, to post in the Application any content that is contrary to the law or morality, in particular vulgar, defamatory, offensive to religious feelings, calling to racial, ethnic, religious hatred, promoting phonographic and computer piracy, disseminating techniques of breaking data, viruses and any other materials similar in content and operation.
- The account of the User who posts illegal content or content that violates the personal rights of other people may be blocked or removed by the Service Provider.
- You shall not sell or give away your User Account, create a User Account using a false identity or information, or on behalf of someone other than yourself.
- You shall not use the Service if you have previously been removed or banned by the Service Provider.
§5. Rules for posting content in the Application
- Each User, by posting content in the Application, declares that:
- They have the full right to use the content posted in the Application, they have proprietary copyrights to it, which are not limited to any third party or have the right to use the content;
- Persons recorded in messages, photos, whose consent is necessary for their dissemination, consented to the dissemination of their image;
- The information contained in the published content is true and is not intended to mislead anyone.
- The User undertakes to submit, within 7 days, the relevant documents confirming the legal status referred to in § 5 point 1 points a, b, c of the Regulations at the Service Provider's request.
- By posting content covered by intellectual property rights in the Application, the User grants the Service Provider a non-exclusive, free, unlimited in time and space license to use the content posted by the User with the right to sub-license to third parties. The license is granted in the following fields of use: recording in any way and on any media, reproduction using any technique, distribution, public display and playback, sharing at a selected place and time. The User allows the Service Provider to create and distribute derivative works, also including in particular to translate the posted content and combine it with other content. The license granted does not deprive the User of any rights to the content. The license expires when the content is removed from the Application or when the User Account is deleted.
- The User is fully responsible for the content posted by them and for any violation of the rights of third parties.
- The Service Provider has the right to remove content that violates the law or contains content contrary to the law or best practices, placed in the Application by the User. The Service Provider also has the right to temporarily or permanently block access to the content in question.
- The Service Provider is not responsible for any potential violations that may be caused by the content posted in the Application by the User. In the event that a third party submits claims against the Service Provider for infringement of someone else's rights, in particular for infringement of third parties' copyrights, caused by the placement of specific content in the Application by the User, the User undertakes to release the Service Provider from any liability, to enter into court proceedings on the part of the Service Provider, payment of all adjudicated claims, court fees, mediation and legal fees.
- The Service Provider is not liable to the User for damages and lost profits related to the removal or blocking of access to the material.
§6 Settlements with Users
- The Service Provider provides for the possibility of placing orders for paid Services via the Application.
- All payments are made with the use of electronic payment tools provided by third parties.
§7. Liability. Access and use of the Application
- The Service Provider undertakes to take all measures to ensure correct, safe, continuous and error-free access to the Application.
- The Service Provider shall not be held liable for:
- actions taken by Users;
- failure to meet the specific requirements of the User, other than those resulting from the general purpose of the Application;
- correctness, credibility and accuracy of the data obtained while using the Application and provided by the User;
- temporary technical errors occurring during the operation of the Application;
- defects of data entered into the Application by Users.;
- quality, availability and correctness of the content obtained using the Application.
- The Service Provider is not liable for damages (also in the form of lost profits), image infringement, interruptions in the operation of the enterprise, loss of data or other economic information or other property losses, resulting in particular from:
- inability to use the Application,
- using the Application,
- lack of access to the Application, data, information, messages published or read in the Application,
- errors in the functioning of the Application,
- unauthorized third party access to User’s data,
- impact of third parties,
- deletion of the Account,
- any other reasons related to the Service, regardless of whether the losses, violations and losses were a direct or indirect result of the event.
- The Service Provider is not liable for damages caused by third parties who got to the Application using correct data or the User's device in order to gain access.
- The Service Provider is not liable for any system disruptions caused by technical problems in the computer hardware and software used by the User, as well as a failure of the Internet network, force majeure or unlawful interference of third parties that prevent the User from using the Application and Services offered through it.
- In the event of notification of an unauthorized person access to the Application, the Service Provider will take immediate steps to secure the collected data.
- The Service Provider will carry out regular backups of the data contained in the Application in order to minimize the risk of data loss through the actions of unauthorized persons or technical errors in the functioning.
- The Service Provider has the right to make changes to the Service and the Application in connection with the ongoing works on improving and modernizing the Application. In particular, the Service Provider has the right to change the functionality of the Application.
- The above limitations of the Service Provider's liability apply to the User who is a Consumer only to the extent permitted by generally applicable law.
- Each User is entitled to file a complaint for any irregularities in the operation of the Application and the services provided by the Service Provider within 14 days from the occurrence of the irregularity. The complaint should be submitted by e-mail sent to the address: email@example.com The description of the irregularity should enable the Service Provider to identify the problem and repair it.
- The Service Provider will consider the complaint within 14 calendar days from the date of receipt of the complaint.
- In the event of a serious technical error, the Service Provider reserves the right to limit access to the Application and the Service.
- All possible errors in the functioning of the Application, comments and information about the operation of the Application and the Website, as well as violations of the Regulations should be reported to the Service Provider electronically.
§9. Deleting User Accounts
- The User is entitled to delete their Account at any time. For this purpose, the User should follow the procedure related to the account deletion, available in the Application.
- Deleting the Account at the request of the User takes place within 14 days from the date of submitting the relevant request.
- If the User's account has been deleted as a result of the Service Provider's decision, the User may not register again in the Application without the prior consent of the Service Provider. Re-registration without consent results in the deletion of the Account.
§10. Amendments to the Regulations
- The Service Provider reserves the right to amend the Regulations at any time, only for important reasons, in particular due to changes in the provisions of applicable law or technical and organizational changes in the manner of concluding and implementing agreements, as well as in the event of a change in the legal organization of the Service Provider's operations.
- The Service Provider will inform the Users about the amendments and their content 14 days before their introduction. The information is provided to the User through an appropriate note on the Account, available after logging in.
- In the event of not agreeing to change the Regulations, the User should delete the Account in the manner indicated in the Application.
- If the User does not take any action, within 14 days from the date of delivery of the information about the amendment to the Regulations, the changes shall become effective as if the User had accepted the amendments to the Regulations in the manner specified in this paragraph.
§11. Personal data protection
- Users' data will be used only for the purpose for which they were made available and the Service Provider undertakes not to disclose them to third parties, other than other Users, if the User's actions will require it, unless generally applicable regulations provide otherwise.
§12. Out-of-court dispute resolution
- In order to resolve a dispute arising in connection with the use of the Services through the Application, the Consumer has the option of using the assistance of the following institutions before bringing a case in a common court:
- use of a permanent consumer arbitration court, referred to in the Act of December 15, 2000 on the Trade Inspection by submitting an application for resolving a dispute arising from the agreement;
- apply to the Regional Inspector of Trade Inspection with a request to initiate mediation proceedings in order to settle the dispute amicably;
- ask for help from the regional or municipal consumer advocate or a social organization whose purpose is to protect consumer rights.
- Detailed information on the possibility for the Consumer to use out-of-court dispute resolution and the availability of procedures are available at the offices and on the websites of institutions such as the Trade Inspection, regional (municipal) consumer advocates, social organizations dealing with the protection of consumer rights, as well as the Office of Competition Protection and Consumers.
- At the address http://ec.europa.eu/consumers/odr there is an online platform for resolving disputes between consumers and entrepreneurs at the EU level (ODR platform). The ODR platform is an interactive and multilingual website for consumers and entrepreneurs seeking out-of-court settlement of a dispute regarding contractual obligations arising from an online sales or services agreements.
§13. Final Provisions
- In matters not covered by these Regulations, the provisions of generally applicable Polish law shall apply. The Regulations will be interpreted in accordance with Polish law. These Regulations, however, in no way limit the rights of consumers, which are vested in the Users who are consumers in accordance with the mandatory provisions of the law of their country of residence.
- Polish law and the courts of Polish jurisdiction shall apply to any disputes arising under these Regulations and the agreement concluded by the User and the Service Provider. The court competent to hear disputes arising between the Service Provider and a User who is not a consumer is the court competent for the seat of the Service Provider. The competent court for disputes to which the Consumer is a party is the consumer's place of residence.
- These Regulations shall apply from 09.10.2021.
WITHDRAWAL FROM THE AGREEMENT FORM TEMPLATE
(This form should be completed only if you wish to withdraw from the agreement and sent to the address firstname.lastname@example.org)
I/We(*) hereby inform about my/our (*) withdrawal from the Application Services Agreement
Date of signing the Agreement:
Consumer(s) full name*:
E-mail address used for login by the Consumer(s)*:
Consumer(s)* signature (only if the form is sent in paper version):
*delete as appropriate
Sending the form from the same e-mail address from which the login to the Application was made is considered to be signed by the Consumer(s).