TERMS OF SERVICE PROVIDED BY ELECTRONIC MEANS BY ONEMOREGAME.STUDIO
§1 GENERAL PROVISIONS
These Terms of Service determine the rules of using the Games made available to the Users by the Operator i.e. OneMoreGame.Studio sp. z o. o. (a limited liability company incorporated under the laws of Poland) with its registered office in Kraków, Poland.
These Terms of Service are rules and regulations within the meaning of the relevant provisions of law pertaining to electronically provided services and shall specify:
The rules for the provision of services consisting in access to the Games and related services provided by electronic means,
The rules of downloading the Games from platforms indicated in these Terms of Service and using the Games downloaded by the User,
Rights and obligations of the Users and the Operator,
Principles of personal data protection of the Users.
The Terms of Service are made available to the User at the address: https://terms.onemoregame.studio/terms-of-service prior to the User entering into an agreement for the provision of electronic services, as well as in the form of a hyperlink within the Game. The User may at any time download and save the Terms of Service, and the Operator ensures that the Terms of Service are constantly available in their up-to-date version.
The provisions of these Terms of Service which have not been made available to the User in the manner indicated in ss. 3 above, are not binding on them.
Prior to using the Game, the User should acquaint themself with the content of the Terms of Service, and observe the Terms of Service while using the Game.
If the User has not read the Regulations and has not accepted their content, they cannot use the services made available to them.
Use of the Game is tantamount to the User accepting the content of these Terms of Service. If the User does not agree to accept Terms of Service, the Game should be uninstalled or the installation of the Game should be abandoned.
The Operator hereby informs that it does not enter into separate individual agreements with the Users, and that the provision of services by electronic means takes place further to rules provided herein.
Provisions of these Terms of Service may be amended in accordance with §19 below.
The Operator reserves the right to modify or withdraw the Game due to circumstances arising from generally applicable law or technological changes, in particular if the following occurs:
Technical difficulties related to the operation of the Game or the Internet,
Justified by the protection of data privacy or other legally motivated circumstances.
§2 DEFINITIONS USED IN THE TERMS OF SERVICE
The terms used in these Terms of Service shall have the following meaning:
Chat - a module of the Game allowing direct communication between Users.
Game – software made available by the Operator on platforms enabling downloading and installing it on the User's mobile devices.
User Account - the user profile within the Game used to access the functionalities provided by the Operator, created at the moment the Game is installed, allowing the information about the Users progress in the game to be stored.
Operator - OneMoreGame.Studio Spółka z ograniczoną odpowiedzialnością (a limited liability company incorporated under the laws of Poland) with its registered office in Kraków at the address: ul. Promienistych 1, 31-481 Kraków, entered into the Register of Entrepreneurs of the Polish National Court Register by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under the KRS number: 0000748567, having a tax identification number NIP: 9452221951, statistical number REGON: 381299995, share capital: PLN 50,000.
Distribution platform - a portal or website enabling its users to download the Games made available on it and to purchase virtual goods, including in particular Google Play and AppStore and other similar platforms.
Computing platform – operating system installed on the Mobile device on which the Game is installed.
Terms of Service - these Terms of Service for the provision of electronic services by OneMoreGame.Studio,
GDPR - Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46/EC (General Data Protection Regulation).
Login System - a method of User authentication using the User’s data provided by operators of external platforms or services, in particular Facebook, Google or Sign in with Apple.
Service - a service or services provided by electronic means, consisting in particular in making available to the Users the possibilities to:
install and use the Game,
take part in the Game and acquire points in the Game in return for the completion of particular tasks indicated in the Game,
play the Game with other Users,
purchase Virtual goods in the Game,
utilize other functionalities of the Game according to its character.
Mobile device – portable electronic devices connected to the Internet, Adroid or iOS based.
User – any natural person who uses the Game.
Virtual goods - settlement points assigned to User's account in accordance with the nature of the Game, purchased by the User or acquired upon completion of particular tasks in the Game. The Virtual goods are not a legal tender, may not be transferred by and between Users, nor can they be returned or paid out at the end of the Game. Virtual Goods may also include items that allow the User to obtain a randomly assigned item or character with different probability of obtaining it.
§3 USER ACCOUNT
The User is not obliged to create a separate account upon installation of a Game on a Mobile Device, the Operator may however - in certain Games – provide for such a requirement. In such cases, the User will be asked to provide the data indicated in a registration form within the Game and to follow messages subsequently displayed in the Game.
At the moment of the Game’s installation, an account assigned to that User is automatically created on the Operator’s server and on the Mobile Device , with which the User's saved games and the Virtual goods acquired or purchased by the User are stored..
The User can additionally allow for their account to be identified in the Game by the Login System.. In such a case, the Operator may collect from the entities operating the Login System the User’s email address, which may then be processed in connection with the maintenance of the User account.
By accepting these Terms of Service:
The User declares that they are an adult or that they have downloaded the Game with their parents’ or legal guardians’ consent,
The User undertakes that if a separate User Account has to be created, they will not pass on their identification data, both concerning the User account and/or the Login System, to any third party, and will not allow any third party to use them.
The Operator is entitled to assume that any person who installs or, if a separate account is created, logs into the Game is either a User or a person authorized by the User to log in or use the Game. In case anyone uses the Game without the User’s authorization or accesses the User’s account without authorization, the Operator is not liable for the disclosure of the User's data and damages resulting therefrom. If such a requirement is introduced in the Game, the User is required to provide, during registration, their up-to-date data.
If such a requirement is introduced in the Game, the User is required to provide, during registration, their up-to-date data.
The Operator reserves the right to delete a User's account if a User is inactive for more than 1 year. In such case, the User will not be able to access their Account and the data stored in it or associated with it, including the Virtual goods acquired in connection with that User’s use of the Game, the results and the User’s progress within the Game at the moment they ceased playing the Game. If a User had made purchases in the Game, or if they had – within the Games – acted as a User coordinating other Users in-Game activities, or they had reached a certain progress in the Game, their account will be archived.
The User’s Account cannot be transferred to another person.
The Operator reserves the right to suspend, modify or delete a User's account, in particular if a User violates the Terms of Service or abuse by that User is reported, as well as in any other cases when it is justified by the Operator’s interests.
§4 USE OF THE GAME
The User may download the Game from one of the Distribution Platforms.
A Game may be downloaded for a fee paid to the Operator. Fees for acquiring Virtual goods available in the Game are paid in accordance with the terms and conditions provided by the Distribution Platforms’ operators.
By downloading and using the Game on a Mobile Device the User enters into an agreement for the provision of services by electronic means, which shall in particular cover the following services:
Using the Game on a Mobile Device progressing in the Game,
Purchase of Virtual goods available in the Game in the "Store" tab or other similarly designated tab or any other designated locations within the Game, enabling Users to purchase the Virtual goods,
Storing the states at which the User has completed the Game at any given time,
Recording other activities related to the User’s participation in the Game,
Enabling to play the Game with other Users,
Possibility to additionally identify the User Account Login Systems,
Ability to contact other Users using the in-Game Chat feature in order to liaise and communicate with other persons.
The provision of services by electronic means in the form of making the Game and its functionalities available to the Users also consists of allowing them to take part in the Game in which, depending on the rules of that Game, speed, dexterity or perceptiveness are subject to scoring, in which case the person who obtains the best score thanks to these skills and/or properties wins, or in which the outcome depends in whole or in part on chance.
The agreement for the provision of electronic services is concluded by and between the Operator and the User upon download and installation of the Game, and, within the scope of making available to the User certain individual functionalities of the Game dependent on meeting additional requirements by the User (e.g. certain achievements in the Game or a certain number of points, etc.) - at the moment that the User meets these requirements and expresses his desire to use these functionalities.
While using the Game, the User is required to comply with the law, the provisions of these Terms of Service and the relevant terms and conditions of the Distribution Platforms that allow downloading the Game. Furthermore, the User shall use the Game in a manner that does not interfere with its operation and is not inconvenient for other Users and/or the Operator, does not violate the principles of community life and does not lead to infringement of third parties' personal other rights.
Communicating so-called illegal content, i.e. content advocating or inciting racial, ethnic, religious hatred, containing pornographic content, praising fascism, Nazism, communism, promoting violence, insulting religious feelings, violating the rights of others, having a harmful, harassing, defamatory, obscene or otherwise unacceptable character, etc. by Users is prohibited. The prohibition applies also to any content which:
violates or may violate intellectual property rights or other rights of third parties, including the rights in confidential or restricted information,
constitutes unsolicited commercial information or spam,
contains viruses or other software that may interfere with the proper functioning of the Game.
The User is solely liable for the content communicated to other Users.
The User undertakes also not to:
use the Game for any purposes illegal or contradictory with these Terms of Service, including fraud or other abuses of law,
utilize third party data to use the Game,
anonymize or hide their IP number and/or other user identification data,
use the Game for commercial purposes, including not to send unsolicited commercial information,
interfere with information regarding intellectual property rights relating to the Game,
interfere with the Game, servers or networks used to access it, interrupt the operation of the Game or networks,
attempt to decompile, disassemble or otherwise interfere with the Game, in particular with respect to measures taken to protect the data transmitted or stored by the Operator,
in any way collect information about other Users, including personal data,
sell or attempt to sell Virtual goods or Accounts,
interfere with the normal operation of the Game in any way,
use the Game in a manner inconsistent with the Terms of Service,
The Operator does not control the content communicated by Users to other Users. The Operator does not guarantee the correct delivery of content sent by the Users, nor its compliance with the law and the Terms of Service. The Operator shall not be held liable for any damages arisen in connection with the communication or publishing of such content by User.
The Operator reserves the right to remove the content sent by a User if such content violates the Terms of Service or the law, provided that the Operator does not conduct real-time monitoring of the content communicated by the Users.
§5 VIRTUAL GOODS AND SUBSCRIPTIONS
The Games may include Virtual goods allowing the User to obtain other in-Game items that allow playing the Games or purchasing other Virtual goods available in the Game, as well as subscriptions made available in the Game by the Operator.
The Virtual goods available in the Games are property of the Operator and cannot be exchanged for real money or real goods or real services and are not legal tender. Virtual goods purchased by or obtained by the User in the course of using the Game may not be transferred between User Accounts (unless such transfer is provided for by the Game’s rules) or be the subject of a sales agreement by and between a User and third parties. The User is not entitled to use the Virtual goods in any other way than that allowed for and indicated in the Game or to use them outside the Game.
Depending on the rules of the Game, the User may receive a certain amount of Virtual goods for completing specific tasks as provided for in the rules of the Game.
The Operator warrants that the User is not the owner of the Virtual goods, but is authorized to use them under a limited, revocable license.
The User agrees that the sale of Virtual goods in the Game is final and irrevocable, including that the Operator will not reimburse the transaction costs after it has been made and, subject to the consumer rights described in §12 below, the purchase cannot be cancelled if the User has the Game installed on their Mobile Device and such User agrees that the Virtual goods will be made available to them immediately after the purchase.
By using the Virtual goods in the Game, the User has immediate access to services provided electronically by means of making such Virtual goods available to the User, and therefore the User’s right to terminate the agreement may be resigned, subject to the provisions of §12 below.
Certain Virtual goods made available in some Games for a fee, may operate as to result in the User being randomly assigned characters or equipment elements or other items available in the game (in accordance with the Game’s rules). In such cases, by making a transaction, the User acquires an element of the Game allowing him to acquire a randomly assigned character or its equipment, from a given pool made available for random assignment.
Any and all data related to Virtual goods purchased or made available to the User, regardless of means of obtaining, will be stored with the User Account. If the User had chosen not to additionally identify their Account with a Login System, such User’s data, including the data about Virtual goods acquired, will only be stored on the Mobile Device and on the Operator’s server. In such a case, should any problems arise, the Operator will not be able to recover such User's data, and, moreover:
The User bears all risk of losing the Virtual goods purchased from the Operator and/or received by completing the tasks in indicated in the Game,
The User bears all risks associated with the loss of any other data related to the Game.
The prices of Virtual goods that a User may purchase in a certain Game are determined in a price list, available in the relevant Game by the User entering the "Store" tab available in the Game, as well as made available in certain locations in the Game. These prices are subject to change. The Operator will inform the Users about the change of prices by publishing a new price list.
The user may purchase Virtual goods in quantities and prices specified in a price list. The Operator may limit the amount of Virtual goods available for one-time purchase for each Game.
Regardless of the price list and publishing thereof, the purchase price of Virtual goods in the Game will be communicated to the User at the moment of placing an order. The amount indicated as a purchase price will include all applicable taxes and public charges.
Acquisition of Virtual goods and payments in connection therewith are transacted by Distribution Platforms in accordance with the terms and conditions of the Distribution Platforms.
The User should get acquainted with the abovementioned terms and conditions before acquisition and making the payment.
If payment fails, the purchase of Virtual goods will not be effective. If payment is successful, the purchase will be made immediately.
Depending on the Game, the rules for using the Virtual goods may vary. The rules for using the Virtual goods for each game are defined in such Game’s Rules, available in this Game.
In certain Games, the User may also place a paid subscription for certain additional elements of the Game indicated in that Game. In this case, the payment for the subscription will be charged automatically every number of months accordingly to the plan choosen by the User, till the moment that User cancels the subscription at least 24 hours before the next subscription renewal. The User cannot transfer the subscription to other Users. The User acknowledges that the subscription constitutes a service provided by electronic means and that immediate access to the subscription excludes the User's right to terminate from the sales agreement.
§6 PLAYING THE GAMES WITH OTHER USERS
A Game may allow Users to play with other Users (“Multiplayer”) or to build communities, depending on the rules of the Game.
Multiplayer or community building functionalities are accessible only if the User plays the Game online and only pursuant to terms and rules indicated in the Game.
The Operator may make multiplayer or community building functionalities available dependent on the User attaining certain achievements indicated in the Game or the User reaching a certain progress in the Game.
The User may engage in multiplayer activities with other Users picked by that User or randomly assigned by the Operator in accordance with the Game’s rules. For some Games, the Operator may associate Users with each other based on their in-Game performances.
Installation of the Game on a User's Mobile Device is tantamount to the User consenting to have their username, achievements and/or results, online/offline status data displayed in-Game as a part of the Game’s operation, including for the purpose of maintaining User rankings, building communities, enabling multiplayer functionalities, both in terms of passing such data on to other Users as well as for the Operator’s marketing purposes.
§7 TECHNICAL REQUIREMENTS
The game is available to all users of Mobile Devices meeting the following technical requirements, who download it from the appropriate platform and run it on a Mobile Device.
Installation of the Game requires downloading it from a Distribution Platform to the Mobile Device.
Internet access may, further to the Game’s specific requirements, be necessary to launch the Game and for it to operate properly. Internet access is however necessary if the User chooses to take part in multiplayer functionalities and/or wants to purchase Virtual goods.
The Operator reserves the right to suspend, at any time and for any reason, the operation of the Game, as well as to change, withdraw or add new services provided in connection therewith.
The Operator has the right to deactivate access to the Game at any time, without giving any reason, in order to make improvements or carry out necessary repairs and maintenance work. Technical interruptions in the operation of the Game cannot be the basis for any claims by Users or any other person.
§8 LIMITATION OF ABUSE
In case of any abuse on the part of the User, including particularly a violation of the Terms of Service or of provisions of generally applicable law (in particular regarding the prohibition of dissemination of illegal content), the Operator reserves the right:
Suspend or delete that User’s account,
Cancel the accomplishments and/or results attained by that User in violation of the Terms of Service and/or the law,
Delete entries made in the Game Chat.
In cases particularly justified, including in cases of serious violations and abuses by the User, the Operator reserves the right to block the User from accessing the Game from a specific IP address or a specific Mobile Device. The Operator shall make every effort to inform the User about the blocking of services in such a case. If the User does not agree with the decision of the Operator, he can file a complaint according to §17 below. The User shall not have any claims against the Operator or other persons arising from the Operator blocking his access to the Game.
The User is liable for all information and content sent or communicated to other Users by the Chat functionalities, including any content that is illegal or infringes the intellectual property rights of any person, or content that promises or calls for promises of material consideration for winning or losing in the Game. In such cases, the Operator may remove such content from the Chat, which the User acknowledges. In particular, the Operator may remove content which has been reported to the Operator by other Users or public authorities as unlawful or infringing third party rights.
Users can report any abuse by sending an email to firstname.lastname@example.org .
The User may also request that the Operator delete the User Account. In such a case, the User may submit his request to the Operator using the email address: email@example.com. The User's account shall be deleted by the Operator within 7 days of receipt of such request, provided that the Operator is able to identify the User Account to which the request pertains. Such possibility is ensured by User employing the Login System for the purpose of identifying their Account. The Operator does not guarantee that a User’s Account will be identified if no additional identifying data had been given to the Operator. The User's statement is irrevocable and therefore he is not entitled to any claims against the Operator.
§9 LIABILITY OF THE OPERATOR
The Games are computer software whose operation is influenced by a number of factors, including other programs, driver software for components, internet browsers, other devices, computer networks or telecom operators’ infrastructure.
The Operator monitors the operation of the Game on an ongoing basis to ensure its proper operation. However, the Operator cannot guarantee that all Game functionalities will be available at all times and that they will operate flawlessly.
The User acknowledges that there may occur certain events that may affect the operation of the Game, which are independent of the Operator and regarding which the Operator does not have full capacity to investigate and prevent the malfunction of the Game.
Further to sections 1-3 above, the Terms of Service do not constitute any guarantee on part of the Operator pertaining to the proper operation of the Game. The User shall make a sole and independent decision to use the Game, having taken into account that each and every Game has been designed in ways that should ensures the optimal functioning of these Games on the User's Mobile Device using the configuration chosen by the User.
The Operator shall in particular not be liable for:
Damages incurred and profits lost as a result of violation by the User of third party rights or provisions of the Terms of Service;
Damages incurred and profits lost as a result of the access to all or particular functionalities of a Game being disrupted;
Operation of services and applications provided by third parties.
The Operator shall not be liable for technical problems and limitations related to the functioning of systems used by a User on their Mobile Device, affecting the use of the Games, as well as for reasons not attributable to the Operator. The Operator shall also not be liable to the User for any damages (both direct and indirect), loss of data, profits and/or revenues lost, failures of undertakings of any kind, resulting from any reasons except when caused by Operator or its employees intentionally or with gross negligence. The Operator shall also not be liable for any failures to observe its obligations under the Terms of Service if such are caused by circumstances for not attributable to the Operator.
The Operator reserves the right to suspend or terminate the provision of the Game Services at any time for any reason, in particular due to maintenance or technical activities related to the development of the Game. In such a case, the Operator shall inform the Users about it in advance.
§10 PERSONAL DATA PROTECTION
The User acknowledges that all copyrights (including economic rights and neighbouring rights), rights in trademarks, rights to logos, as well as other intellectual property rights pertaining to the Games and the content(s) published therein are the property of the Operator or the Operator is entitled to use them under relevant licenses.
By using the Game the User shall not acquire any copyright subject to the granting of the license as described below.
The User uses the Game under a license, which does not however cover the software source codes. The License authorizes the User to use the downloaded Game for personal purposes only to the extent that such use complies with the Terms of Service. The User is not entitled to use the downloaded Game for other purposes, in particular for commercial purposes. The license granted to the User is non-exclusive, non-transferable, personal and may be revoked at any time by the Operator.
The abovementioned licence is granted to the User for:
indefinite period of time - upon the User's resignation from using the Game and uninstalling it from the User's mobile device or its revocation by the Operator.
definite period of time – To the extent that the User uses the Virtual goods and other paid functionalities of the Game - with the expiry of the time for which access to these functionalities has been purchased or the Virtual goods were used by the User, with the possibility of further extending the license for a further period of time after re-purchasing the subscription or the Virtual Goods.
The User can use the Game on any mobile device under separate license.
Except for the license described in s. 3 above, the User does not own any other intellectual property rights pertaining to the Games and is not entitled to any other financial benefit from the Games.
Copying, distributing, making available, reproducing or creating derivative works and game development, or elements thereof, is prohibited.
The provision by the User of means of access to the Games, as well as to individual elements of the Games, as well as making the Virtual goods available and allowing access to them to third parties is prohibited.
The abovementioned End User Licence Agreement is concluded only between the Operator and the User and only the Operator is solely responsible for the Game and the content thereof.
The Operator is solely responsible for:
providing any maintenance and support services relating to the Game, as specified in this paragraph and applicable law. The Operator and The User acknowledges that any third party, such as operator of Distribution platform, has no obligation to provide such services relating to the Game.
any product warranties, whether express or implied by provisions of law, to the extent that they have not been effectively excluded by applicable law.
addressing any User’s or third party claims in relation to the Game or its possession and/or use by the User.
The responsibility mentioned in s. 11 letter c above includes, but is not limited to:
product liability claims,
claims arising from the obligation to comply with any applicable legal or regulatory requirements,
claims arising under consumer protection, privacy protection or any other similar regulation.
In case of investigation, defence, settlement and discharge of any claims concerning the infringement of third party intellectual property rights, the Operator is solely responsible for such actions.
The Operator reserves that the Game is a software provided “as is” and “as available”, with all faults and without warranty of any kind, in particular the Operator and does not guarantee that the Game will be free from bugs and errors. The Operator is not responsible for the User's inability to use the Game, as well as for the circumstances described in detail in §9 above. No oral of written information or advice given by the Operator shall create a warranty. This exclusion of liability is without prejudice to the provisions on liability to consumers.
In the event of any failure of the Game (if its download is paid), it’s paid Virtual Goods or paid subscriptions does not comply with the applicable warranty, the User may notify the Distribution platform and claim for refund of purchase price of the Virtual goods and subscriptions, purchased by the User. Distribution platform shall have no other warranty obligation whatsoever with respect to the Game to the maximum extent permitted by applicable law. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to comply with the warranty shall be the Operator’s sole responsibility.
By acceptance of this Terms of Service, the User confirms that:
is not located in a country that is the subject to embargo and/or has been designated as a “terrorist supporting” country
is not listed on any list of prohibited or restricted party, led by U.S. Government.
In any case concerning this paragraph 11 and EULA, the User can contact the Operator:
by email: firstname.lastname@example.org
in writing by letter on the address: OneMoreGame.Studio Sp. z o.o., ul. Promienistych 1, 31-481 Kraków, Poland.
If the User makes any materials or content available in the Chat, the User declares that they have full rights to them and grants the Operator a non-exclusive, gratuitous (free-of-charge), perpetual license to copy, make changes and/or amendments, distribute, publicly present and create and use derivative works from these materials solely for the purpose of processing and displaying them in the in-Game Chat, according to the provisions of the Terms of Service. Furthermore, the User agrees to such materials or content(s) being adapted or amended within the scope of them being used within the Chat functionalities and agrees not to exercise his/her personal (moral) rights to such materials or content(s), in particular with regard to the User’s rights to claim authorship (paternity rights).
A User may not copy and distribute materials nor content published by any other User without such User’s consent. In case an infringement of a User’s rights herein is discovered, the Operator should be notified by email at the address: email@example.com.
§12 INFORMATION ON CONSUMER RIGHTS
The User who has his habitual place of residence in Poland and is a consumer, enjoys the rights under the Act of 30 May 2014 on Consumer Rights, including a right to withdraw from the agreement.
In respect of distance agreements negotiated away from business premises, a consumer has the right to withdraw from such an agreement within 14 days from the conclusion of the agreement, without giving any reason, exercised by lodging with the Operator a statement of withdrawal, which must be sent to the address of the Operator: ul. Promienistych 1, 31-481 Krakow or by e-mail to the address: firstname.lastname@example.org prior to the expiry of the 14 days’ period The User may but is not obliged to use the form template (which constitutes Appendix to the Terms of Service).
The abovementioned right may be precluded (pursuant to Article 38 of the Act on Consumer Rights) i.a. as regards the supply of digital content which is not supplied on a tangible medium, if the performance has begun with the consumer’s prior express consent and the entrepreneur had informed them that they would lose their right of withdrawal.
The Operator warrants and represents that:
Virtual goods accessible in the Game, that the User may acquire from the Operator while using the Game, are made available to the User immediately after the acquisition and constitute digital content.
The User’s right of withdrawal is precluded if the User had begun using the Virtual goods accessible in the Game, which constitute digital content, prior to the expiry of the withdrawal period, and if the User had consented to the Operator making such digital content available to the User prior to the expiry of the withdrawal period.
§13 PROVISIONS APPLICABLE TO US RESIDENTS
The Operator shall not be liable for damages caused intentionally, accidentally or resulting from the improper operation of the Game, its possession and use. The exclusion of liability also includes damage to property, Mobile Device failure and its malfunction, as well as - to the extent permitted by law - personal injury, even if the Operator has been warned of the possibility of such damage.
The liability of the Operator does not exceed (is capped at) the value of the rights to use the Virtual goods (if any) or any other features or subscriptions in the Game purchased by the User.
As some States do not allow limitations on the duration of the implied warranty or the exclusion or limitation of liability, hence the limitations in s. 1 or s. 2 may not apply to Users residing in such States. Users' rights may vary according to their place of residence.
The games were created exclusively with private funds. Use, copying, in whole or in part by the United States government or any subcontractor engaged by it is restricted in accordance with clause (b)(1)(ii) of the Technical Data and Software Rights Clause in DFARS 252.227-7013 or paragraph (b)(1) and (2) of the FAR 52.227-19 Commercial Computer Software Limited Rights Clause, as applicable.
The software supplier is OneMoreGame.Studio Spółka z ograniczoną odpowiedzialnością (a limited liability incorporated under the laws of Poland) with its registered office in Kraków at ul. Promienistych 1, 31-481 Kraków, Poland.
§14 LINKS TO OTHER WEBSITES
The Games may contain links to other websites or services provided by other parties.
The Operator shall not be liable to the User for damages caused or profits lost as a result of use of a link or services provided by other entities.
§15 CONTACT WITH THE OPERATOR
The Operator can be contacted in the following way:
by e-mail to an e-mail address: email@example.com
in writing to the address of the Operator indicated in § 2.
§16 COMPLAINT PROCEDURE
Any complaints regarding the services of the Operator or the Games in particular should be reported within 14 days after any irregularities are found
A complaint can be filed:
by e-mail to the e-mail address: firstname.lastname@example.org
in writing to the address of the Operator indicated in § 2.
A complaint shall include: the content of the complaint, an address to which any information shall be returned, a detailed description and reasoning behind the complaint.
The time for processing the complaint and providing return information is 14 days from the day the complaint is filed. If information or statements provided in the complaint need to be supplemented, the Operator will request the User to supplement the complaint prior to considering it. The period of processing the complaint shall be prolonged by the time that the User has utilized to provide additional information or statements.
Responses to complaints will be sent by e-mail or post, according to the contact information provided by the person filing the complaint in the complaint form.
§17 JURISDICTION AND APPLICABLE LAW
The rights and obligations of the Operator and the Users accessing the Games in the territory of the Republic of Poland shall be governed by Polish law.
The User is liable for assuring that their actions in connection with their use of the Game are compliant with the law.
Shall any disputes related to the use of the Games provided by the Operator arise, competent to hear them shall be the competent court having jurisdiction in accordance with Polish law.
§18 FINAL PROVISIONS
The Operator reserves the right to assign all or part of the rights and/or obligations under the Terms of Service to any third party or to enter into an agreement subcontracting the performance of such rights and/or obligations. The User may not, without the written consent of the Operator, transfer or waive the rights and obligations arising from the Terms of Service.
These Terms of Service shall constitute the entirety of the agreement made by and between the Operator and the User for the provision of electronic services and shall supersede any other arrangements and agreements between the Parties.
Shall any provision of the Terms of Service be considered invalid or unenforceable under the provisions of the applicable law or as a result of a ruling of a competent court, such provision shall be interpreted in accordance with the applicable law in a manner that reflects as closely as possible the Parties’ original intentions of the. The Terms of Service shall then remain effective and enforceable with respect to other provisions. If an invalid or unenforceable provision may not be interpreted in a manner consistent and legal under the applicable law, such provision will be deemed to have been removed from the Terms of Service without prejudice to other provisions hereof.
To the extent not regulated in the Terms of Service, the provisions of the law shall apply.
Any changes or amendments to the Rules shall come into force for all Users and for all Services made available in the Games:
Upon publication of the new version of the Terms of Service in respect of provisions that are not of material nature or have no negative impact on the Users' situation.
The Terms of Service are in force from 06.06.2021.