Termo de Serviços
I. General Provisions
1.1. These Regulations define terms and conditions of use of the interactive services (hereinafter “Services”) by individual users (hereinafter “Users”) provided by the Provider within an external and independent platform.
1.2. GameDesire Limited with registered office in Xemxija, a company incorporated and registered in Malta under registration number C 48533 with its registered address at Bella Vista, Triq is-Simar Street, SPB 4051 Xemxija, Malta, Tax Identification Number: MT20328009, is a Provider of Services (hereinafter “Provider”).
1.3. GameDesire Limited in Xemxija and GameDesire Sp. z o.o. with registered office in Kraków at Promienistych St. no. 1 are Controllers (hereinafter “Controllers”).
1.4. Providing Services by the Provider consists in enabling a User to participate in games speed, agility and perceptiveness of the User are rewarded and the winner is who through their own speed, agility and perceptiveness earns a largest amount of points in the game as well as in games earning points or the final result depends partially or fully on chance.
1.5. The Use of Services indicates agreeing to terms and conditions expressed herein. However, please take into consideration the fact that certain platforms offering access to Services have their own regulations as far as for example signing in is concerned.
1.6. The provisions herein might change in accordance with the provisions of item 12.3. herebelow.
1.7. The Provider is not an owner of the platform the game is within. The provider is only the creator and licensor of a game you are playing.
1.8. The Provider reserves the right to withdraw games from the platform or modify them for legal or technical reasons.
1.9. The Provider shall not be liable for unavailability of the platform. Furthermore, the Provider shall not be liable for unavailability of the Services within the platform, if the cause of the unavailability is beyond its control or impossible to predict. Moreover, the Provider reserves the right to suspend or terminate provision of Services within the platform at any time and for any reason, in particular due to the necessity of games base maintenance, review or extension. The Provider will endeavor to inform Users on such a fact as long as the platform enables it to do it.
II. Provision of Services
2.1. Only individuals over 18 years of age or those under 18 years of age who obtained prior consent from their parents or legal guardians may use Services.
2.2. The Provider is strongly opposed to any kind of discrimination against people with disabilities. Because of the result of games in the certain games available within the platform being dependent on the speed, agility and perceptiveness of the User, use of the certain games might be difficult for disabled people, especially those with visual or mobility disability. The Provider informs there is no technical possibility such people are granted special rules of access. At the same time, the Provider represents that he will enable such people to participate in the games as soon as such a possibility occurs.
2.3. Please remember – whenever Users give their credit card information, they are obligated to ensure they are fully entitled to use of the card and have sufficient funds to cover debits related to payments paid to the Provider.
2.4. If the law of the country of the User’s residence provides for restrictions or prohibitions making a legal use of Services impossible, the User should not use Services. The Provider shall not be liable for possible losses which might arise from changes in law of the country of the User’s residence.
2.5. The Provider may conduct observation of locations Users access Services from.
2.6. The Provider reserves the right to bar the User violating these Regulations or otherwise impeding the use of Services for other Users, especially through cheating, malicious behavior or so called griefing from the use of Services.
III. Games rules of conduct
3.1. Services are generally provided free of charge. Certain functionalities are provided for a fee.
3.2. Participation in certain offered Services requires obtaining Virtual Currency. Virtual Currency may be obtained by User through the free allocation of Virtual Currency or through the Account Top-up.
3.3 Game rules, scoring, game participation and tips for players has been clarified in sections dedicated to particular games offered by the Provider.
IV. Personal data
4.1. The Provider guarantees execution of the “Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC” (hereinafter GDPR) within the Service.
4.2. Please remember that besides data protection rules adopted by the Provider the platform owner may lay down additional rules.
4.3. Please review data protection rules adopted by the Provider.
V. Users and settlements
5.1. It is forbidden to multiply accounts within the platform in order to achieve better results in the Provider’s games. Such an action shall be deemed to be cheating and shall lead to barring such a User from the use of Services and denying them access to the Virtual Currency.
5.2. The Provider shall not be liable for the events consisting in accessing User Account by unauthorized persons as well as for consequences of such persons actions of criminal or other character. It is recommended to use passwords appropriately protecting User Account.
5.3. The Provider shall book the flow of the Virtual Currency related to User participation in games. Account Top-up takes place by the Virtual Currency top-up with the use of a credit card or other payments system or by obtaining the Virtual Currency through a promotion organized by the Provider.
5.4. The Virtual Currency is a property of the Provider. It shall not be used in any way apart of the Services, it is not exchangeable to any means of payment and shall not be traded between Users or any other persons.
5.5. The Provider reserves the right to cancel User Accounts balances in exceptional circumstances, in particular due to the necessity of altering platform’s technical base. In such a case the Provider obligates to reproduce Virtual Currency flow within User Accounts during at least 90 days prior to the day of cancellation and grant to the User Virtual Currency amounting to the sum of their account top-ups throughout this period.
5.6. Upon User Account removal from the platform for any reason Virtual Currency accumulated on the User Account shall be cancelled. The User is not entitled to any claims herefrom.
VI. Abuse elimination
6.1. The User shall using the Services obey the provisions of the applicable law, these Regulations and the Player Netiquette.
6.2. The Provider provides Services consisting in providing access to games, meaning Users shall not:
- introduce any materials into games or use them otherwise for business, advertising or commerce purposes;
- use Services for unsolicited commercial communication (spam) purposes.
6.3. Users shall not use unfair methods while using Services. Technical mean of any kind enabling Users to influence the result of a game in any way other than through their own speed, agility, perceptiveness or logical thinking as well as to eliminate the element of chance from the game shall be deemed unfair in the above sense. Particularly, it is deemed unfair to use multiple User Accounts, to use programs or instructions enabling the User to use computer hardware or software in the game, impersonating an other User, to intentionally lead to a loss in order to gain a competitive advantage, to unjustifiably extend a game, to promise the other Users material benefits from a win or a loss. Furthermore, it is forbidden to take actions which might lead to Service disruption and to use proxy servers in order to conceal the data allowing to identify IP address of the User or to bypass Services or platform security mechanisms.
6.4. The Provider reserves the right to:
- suspend or deny access to Services fully or partially to any User;
- erase statistics, rankings and wins information saved on the User Account and to cancel Virtual Currency
if User behavior might be considered a law or these Regulations violation or the Player Netiquette particularly serious violation. An individual the suspension or access denial regards shall not resume use of Services without prior consent of the Provider.
6.5. The Provider reserves the right to deny under particularly justified circumstances access to Services through a certain IP address or a certain MAC address. The Provider will endeavor to inform the Users using these addresses on a blockade and the reasons behind it. Such Users are not entitled to any claims herefrom. A removal of blockade request shall be considered pursuant to the complaint proceedings procedure.
6.6. The User is responsible for all actions assigned to their User Account within the platform taken within the Service.
6.7. If the Service allows to communicate, the User is responsible for any material uploaded by them, as well as any action or message sent relating to the Service:a) to be not an infringement of intellectual property of any third party; b) to be not a violation of applicable law, including criminal law provisions; c) to have not characteristics of actions being defamatory, threatening, violating commonly accepted social norms, offensive to the religious feelings of other persons, pornographic, unreliable or deceptive; d) to be not a promise or a call for making a promise of material benefits from a win or a loss.
VII. Provider liability
7.1. The Provider informs and the User acknowledges that the Provider does not control and shall not be liable for accuracy or an appropriate choice of materials available within the Services introduced by the Users or any third parties.
7.2 The fact that third parties Internet websites are linked to the Services through hyperlinks does not imply that the Provider allows or is liable for the activity of such websites or their content.
7.3. The Provider informs that in the use of the Services provided, caution should be no less than in the case of activities undertaken outside the computer network. One should take into account that despite the platform Users are bound with certain prohibitions, individuals within the platform might act unreliably, deceptively or even unlawfully. Furthermore one should take into account that such individuals might not be who they say they are.
7.4. Use of Services is at the sole risk of the Users. Therefore, to the extent permitted by the law, the Provider, its management, providers and employees shall be exempted from the liability related to or being a result of Services and materials introduced by the Users or any third parties.
7.5. The Provider shall not be liable to Users for any, direct or indirect, loss or damage, loss of data, profit, revenue or undertaking in whatever way it would be caused, except for damage resulting from willful misconduct or gross negligence on the part of the Provider or its employees. The Service Provider shall also be not liable for any infringement in performing its duties under Regulations herein resulting from circumstances, for which under the law it assumes no liability.
7.6. Subject to the foregoing, total liability of Provider under Regulations herein shall not exceed an amount equivalent to the sum of User Account top-ups 12 months prior to the day of User’s claim arising.
7.7 Regulations herein does not limit in any way the Service Provider’s responsibility for death or personal injury resulting from negligence, or liability of any other kind, which under the law cannot be excluded. Neither does it affect Users’ rights under consumer laws.
7.8. In case of:a) the occurrence of a technical error resulting in disruption of competiton and b) the Provider determining its sole responsibility for the occurrence of the error after having examined the causes of the error the Provider shall return to the User Account an amount equivalent to the fees charged for participation in the disrupted game. The Provider shall not be liable for loss of any rewards the User might have potentially won in the disrupted game.
7.9. The User is responsible for any possible damage to the Provider connected with taking legal action, pressing charges and incurring expenses as a result of the breach of the terms of Regulations herein by the User or a device used by them to use Services.
VIII. Intellectual Property
8.1. All copyright, trademarks and other intellectual property rights relating to or within the Services other than materials introduced to the Services by the Users shall constitute exclusive rights of the Provider. The fact that copying materials available on the site is not difficult does not mean that such a conduct is legal. Hence one is not allowed to reproduce, distribute, publicly display or prepare derivative works based upon Services or any other materials obtained from the Services without prior consent of the Provider or Users being original authors of these materials.
8.2. Users uploading any materials into services or directly to the Provider:
- represent that they are full entitled to such an action;
- grant to the Provider non-exclusive, royalty-free, time unlimited license to copy, implement changes, distribute and create and use derivative works based upon these materials;
- agree to adopt the materials in the process of using them, and in consequence – agree not to produce their personal rights in particular agreeing to not identifying themselves as the authors of the materials.
IX. Complaint proceedings
9.1. Any complaints concerning Services providing should be made via the contact form.
9.2. A complaint should include at least: name and surname and possibly login of the complainer as well as detailed description and cause of the complaint.
9.3. Complaints will be considered by the Provider immediately upon receipt in the order of their receipt within the period of 7 days.
9.4. The complainer will be informed about the Provider’s decision by the same means the complaint was made or by letter at the address specified in the complaint.
X. Consumer rights
10.1. In view of the fact that the Provider provides the Service through the external platform, the User intending to exercise their consumer rights should read terms and conditions of the platform.
10.2. The Provider is not responsible for unreliable execution of Users’ consumer rights by the platform.
XI. Technical requirements
11.1 The Provider informs that for the proper functioning of the platform the following components are required:
- Broadband Internet connection access
- a web browser installed in one of the following versions:
- Chrome in version at least 70+
- Firefox in version at least 63+
- Microsoft Edge in version at least 42+
- Safari (only for Apple products) in version at least 12+
- installed Adobe Flash Player in version at least 31
XII. Final provisions
12.1. The Provider reserves the right to transfer part or all of the rights and obligations under Regulations herein to a third party or to enter into a subcontract with them. The User may not assign or waive rights and obligations under these Regulations without the written consent of the Provider.
12.2. In the scope of matters not included in these Regulations the employment of the rules of law occurs without exception.
12.3. The Provider reserves the right to implement periodical changes into these Regulations.
12.4. To judge the rights and obligations of the Provider as well as the Users in the Polish Republic territory, the Polish law shall be applied. The User is responsible for the knowledge of the law of the country of the their residence in all aspects of use of platform and Services. The User uses the platform voluntarily and is responsible for compliance with the applicable law as far as the use of Services is concerned.
12.5. The court competent to adjudicate in the disputes arising in connection with the use of the Service is the competent court according to the Polish law.
12.6. The Users may contact the Provider through:
- the contact form
- the e-mail address: email@example.com
The rules of the responsible playing
The objective of the Provider is to provide the Users with entertainment, enabling them to establish contacts and to discuss in the group of people interested in games and to enrich their knowledge on issues related to gaming. Providing Services, we hope all Users use the Services on this purpose. However, for certain Users use of Services might become a form of spending excessive amount of time and money instead of being a source of entertainment. Such cases are rare and avoidable as far as the following basic rules are obeyed:
- I play only for entertainment.
- Earned score presents no material value, I am aware this is all about the satisfaction of winning.
- I try to win but never to win back.
- I do not play whenever I am depressed, tired, disheartened.
- I am able to spend my time otherwise than through participation in the game.