I. The controller of personal data.
The controller of Users’ personal data (the “Controller”) is OneMoreGame.Studio Spółka z ograniczoną odpowiedzialnością (a limited liability company incorporated under the laws of Poland) with its registered office in Kraków at the addres: 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 registration number NIP: 9452221951, statistical number REGON: 381299995, share capital: PLN 50.000.
II. Contact with the Controller
The Controler can be contacted via e-mail: firstname.lastname@example.org or via the Data Protection Officer.
III. Data Protection Officer
Questions or concerns regarding the processing of personal data by OneMoreGame.Studio may be directed to the Data Protection Officer at the email address: email@example.com.
IV. Terms used
All terms used in this Policy have the same meaning as the terms indicated in §2 of the Terms of Services provided by electronic means by OneMoreGame.Studio.
V. Purposes and bases of processing personal data.
The Controller processes the following types of personal data:
- First name, last name and email address,
- IP of the mobile device on which the Games are installed
- The type and version of the mobile device on which the User accesses the Game,
- Data concerning payments made by the User in the Games (transaction ID),
- The data provided by the User through the Login System, including the data saved therein – if the User has chosen to identify their in-Game account with the aforementioned profile or account,
- Data concerning the User’s use of the Games, including, in particular, information on the times and manner of playing, types of devices on which the Games are installed,
- Information about the User’s achievements within the Games, Games’ results and points scored,
- The messages sent by User via Chats made available in the Games,
- Data concerning correspondence sent by the User to the Controller,
- User’s interactions with the Controller in the Game or in social media,
- Advertising identifiers of Mobile Devices on which the User uses the Games.
When does the Controller collect personal data?
Personal data is collected:
- When installing the Game on the User’s Mobile Device,
- In every instance of the User using the Game,
- When messages via the in-Game Chat are sent,
- When payments for Virtual goods made available in the Game are made,
- When the User chooses to additionally identify their in-Game Account with the Login Systems,
- When the User sends the correspondence to the Controller (by e-mail or in traditional form).
Why does the Controller collect personal data?
- To allow the Users to use the Games provided by the Controller,
- To provide to the Users electronic services available within the scope of the Games,
- To allow the Users to use various functionalities provided in the Games, including the Chat,
- To establish and maintain registers and records in accordance with GDPR,
- To properly manage the operation of the Games and all accompanying services,
- To transmit the information included by Users in messages sent through the in-Game Chat,
- To prevent violations of Terms of service and transmission of illegal content,
- For analytical and statistical purposes – in order to improve the performance of the Games,
- To provide Users with advertisements and contents consistent with their interests.
From whom are the personal data obtained?
Personal data come from the Users who have installed the Games on their Mobile Devices. The Controller may also obtain the User’s personal data from the operators of Login Systems, if the User chooses to additionally identify their in‑Game Account using such Login System.
On what bases does the Controller process personal data?
- Consent of a parent or legal guardian for Users under 16 years of age – Articles 6(1)(a) and 8(1) GDPR – to the extent within which other bases do not apply.
- The User’s consent – Article 6(1)(a) GDPR – to the extent within which other bases do not apply.
- Performance of the agreement for the provision of services provided by electronic means or steps prior to entering into the agreement taken at the request of the data subject (with respect to the provision and operation of the Game, as well as allowing the User to purchase Virtual goods) – Article 6(1)(b) GDPR.
- Compliance with legal obligations to which the Controller is subject (with respect to maintaining registers and documentation in accordance with the provisions of generally applicable law, including tax-related obligations) – Article 6(1)(c) GDPR.
- Legitimate interests of the Controller with respect to:
- conducting analyses and gathering statistical data to improve the performance of the Games,
- managing the operation of the Game,
- preventing the Users from sending illegal content in the Game Chat and from abusing the Game,
- establishing records and registers related to the processing of personal data in accordance with GDPR,
- marketing purposes of the Controller and third parties related to the Controller,
i.e. processing based on Article 6(1)(f) GDPR.
VI. Processing of personal data within the in-Game Chat
The Controller, within the Games’ operations, makes available to the Users certain Chat functionalities, allowing for communication between Users. While using this functionality the User can enter any message addressed to other Users. Such message may contain information including also personal data. The Controller within normal operation of the Chat, does not have the capacity to identify persons whose data can be thus processed, however, the messages may be moderated with respect to offensive or illegal content.
VII. Processing of childrens’ personal data
- The Controller does not knowingly take any action to obtain personal data of children under 16 years of age, including those from direct advertising or advertisements tailored to the recipient’s interests, nor does the Controller direct such ads to children under 16 years of age.
- Moreover, the Controller does not knowingly allow children under 16 years of age to use the Games.
- If a User is convinced that the Controller may have any data from or pertaining to a child under 16 years of age, or is the parent or legal guardian of a child who has used the Games without the required consent, please contact us by email at the address: firstname.lastname@example.org.
VIII. Identification of the User Account in the Game
- Upon creating an in-game account, the User shall receive a unique User ID, by which their in-Game activities are identified.
- If the User so chooses, their Account may additionally be identified by a Login System. In such a case the Controller may receive from the entities providing the login functionalities data such as the name, last name, the user’s email or their avatar, which are processed in connection with the maintenance of the User’s account.
- Choosing the additional identification allows the User to access their up-to-date state of the Game regardless of the Device on which the User uses the Game. Should the User choose to use this feature, the Game, depending on its functionalities, may or may not have the permission to publish certain information in the User’s profile or account.
IX. Who can be the recipient of personal data?
- The recipients of the Users’ personal data processed by the Controller may be:
- Entities providing services to the Controller – with respect to server hosting services or similar services.
- Entities providing legal services to the Controller,
- Entities with equity- or personal relations with the Controller – within the scope of developing, publishing and making the Games’ available to Users on behalf of the Controller,
- Providers of advertisement and marketing materials, made available in the Games.
X. Use of advertising identifiers and similar technologies
- In order to make available to the Users the Games as well as advertisements tailored to their interests, the Controller uses technologies such as advertisement IDs or other similar technologies. These are used by the Controller to provide services by electronic means to the Users and allow to collect the data obtained from the Mobile Devices on which the User uses the Game, allowing for the collection of data:
- Identifying the User and the Mobile Device on which the User is using the Game,
- Identifying the User with the Login System, if the User had chosen to additionally identify their Account this way,
- Determining how the User uses the Games and storing the up-to-date state of the Game,
- Enabling the processing of payments for Virtual goods by payment platforms, and then making the Virtual goods available to the User,
- Providing to Users advertisements tailored their interests,
- Enabling the Controller and third parties to provide the User with more personalized services, in particular with respect to providing services in the User’s language.
- Advertising identifiers that the Controller uses are temporary, non-personal identifiers, such as the Android advertising identifier or the Apple advertising identifier. Such identifiers are always exclusively linked to the Mobile Device on which the User uses the Game.
- The Controller may also use other technologies in the Games such as pixel tracking.
- The technologies referred to in sections 2 and 3, as well as other similar technologies, allow the advertisers to recognize the User’s Mobile Device while the User is using the Game.
- The User may at any time turn off the advertising identifiers in their Mobile Device or reset the settings of such advertising identifiers by changing the settings on their Device. The settings can be changed according to the user’s manual of the Mobile Device a User is using.
- Users domiciled in Europe, Canada or the United States may withdraw their consent to the collection of information by advertising partners who are members of the Digital Advertising Alliance by making a statement on the website:
- For European Users: http://www.youronlinechoices.com/
- For Canadian Users: http://www.youronlinechoices.com/
- For US Users: http://www.aboutads.info/choices/.
- In some advertisements, the AdChoices logo is available – in this case, the user may resign by clicking this logo.
- Consent withdrawal referred to in sections 6 and 7 means that the advertisements displayed after the withdrawal will not be tailored to the User’s interests, but may still be displayed. The User’s Mobile Device will still be identified, but this data can be used e.g. to limit the frequency of displaying specific advertisements on the User Device.
XI. Processing of personal data in connection with marketing and advertising
- In some Games advertisements and marketing contents from third parties directed at Users might be shown.
- Within the scope of displaying these contents, the Controller – unless the User withdraws their consent to the processing of their personal data for marketing purposes – may process the following personal data of the Users:
- Advertising identifiers and other information collected on the User’s Mobile Device,
- Information about the Users in-Game activity and the Users interactions in the Games,
- Other information that the Controller may obtain from its marketing partners or third parties to whom the User has given consent to share such information, or they may share such information on another legal basis.
- While displaying third parties’ advertisements and marketing content, the Controller may provide its marketing partners with non-personal identifiers and other information from the User’s Mobile Device for the purpose of technically enabling the delivery of advertisements to the User’s Mobile Device. Such information may be combined with information already in the marketing partners’ possession in order to better tailor the content displayed to the User’s preferences.
- To prevent such data from being shared, the User should update the settings on their Mobile Device.
- Updating the settings does not affect the ability to play the Game, nor does it cause the ads to cease being displayed on the Device, but only disables them being adjusted in accordance to the information about the User.
- In some Games the User can enable the option to have advertisements displayed in certain areas of the Game. Enabling such option is tantamount to the User giving consent to having his data processed for marketing purposes.
XII. How long does the Controller store personal data?
- The Controller stores the data for the following periods:
- With respect to personal data necessary for provision of services by electronic means and the performance of the agreement for provision of services by electronic means – for the period necessary for provision of services by electronic means, but no longer than till the expiry of the limitation periods for claims related to the services provided.
- With respect to personal data processed on the basis of consent – till the User revokes their consent or till the purpose of processing is achieved, but in no case longer than till the User ceases using the Game or the purpose of processing is achieved.
- With respect to personal data processed on the basis of the legitimate interests of the Controller – till an effective objection is filed or till the purpose of processing is achieved, no longer however than 15 years, calculated from the end of the year in which the processing began.
- With respect to personal data processed for analytical purposes or the purposes related to the administration of the Games – till the moment such data becomes outdated or no longer relevant.
- When a request is made to exercise the right to be forgotten, each application is considered individually.
XIII. Does the Controller transfer personal data to third countries?
- The Controller uses services and technologies offered by third parties, including those incorporated in countries outside the European Union, such as the United States and Israel, which under GDPR are treated as third countries.
- GDPR restricts the possibility of transferring personal data to third countries, as such countries may not ensure an adequate level of protection of personal data of European Union citizens and as European law does not apply there. Each controller is obliged to determine the legal basis for such transfer of personal data.
- The Controller warrants and represents that in connection with the use of services and technology, personal data is transferred:
- For U.S. entities, to entities that have joined the Privacy Shield Program, pursuant to the European Commission Implementing Decision of 12 July 2016. More information on this may be found at the European Commission’s website at https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/eu-us-privacy-shield_pl. This program’s participants assure that they will comply with the high standards of personal data protection that apply in the European Union, hence it is lawful to use their services and technologies when processing personal data.
- For Israeli entities, the Decision of the European Commission of 31 January 2011 pursuant to Directive 95/46/EC of the European Parliament and of the Council on the adequate protection of personal data provided by the State of Israel with regard to automated processing of personal data, and this Decision has not been declared ineffective or has not been repealed as of the date of drafting of this Policy.
- The Controller will at any time provide you with additional explanations on the transfer of personal data, and you have the right to obtain a copy of the personal data transferred to a third country at any time.
XIV. What are the rights of persons whose personal data are processed?
- The User whose personal data are processed by the Controller, has the right to:
- Access their personal data and receive a copy thereof,
- Request that their personal data be corrected or supplemented,
- Request that their personal data be deleted – the User may request that their data be deleted if they are convinced that there are no bases for the Controller to process their personal data and that there are no grounds for the data being processed in future.
- Request that the processing of their personal data be restricted – the User may demand that the Controller limit the processing of the User’s personal data only to storing or performing activities agreed with the User, if the data are incorrect or processed without legal basis, or the User does want the data deleted due to the need to store the data in order to establish, pursue or defend claims, or for the time necessary for an objection to the processing of personal data to be considered.
- File an objection to the processing of personal data:
- Processing of personal data for direct marketing purposes: the User has the right to object to the processing of their personal data for direct marketing purposes. Exercising this right causes the Controller to stop processing personal data.
- Objection on grounds of particular situation: the User has the right to object to the processing of their personal data on the basis of a legitimate interest for purposes other than direct marketing. The objection should then indicate what kind of a particular situation concerns the User that justifies the request to stop processing personal data. The Controller will stop processing the personal data for these purposes unless the Controller demonstrates that the bases for further processing take precedence over the rights of the User or that the data are necessary to establish, pursue or defend a claim.
- Data transfer – the User has the right to receive, in a structured, commonly used machine-readable format, personal data concerning them and which have been transferred to the Controller on the basis of consent given by the User. The user may ask that the Controller transmit them directly to another entity.
- For Users domiciled in California (USA), the California Consumer Privacy Act (CCPA) allows companies to prohibit the sale of state residents’ personal information to third parties. The Controller stipulates that although the provision of personal data to advertising partners described in this Policy may be deemed as selling data within the meaning of the CCPA, the Controller does not sell any personal data. If a California resident does not want their personal information to be transmitted to other recipients, they should update the Game’s privacy settings or provide the Controller with a request not to sell their personal information.
- The User can exercise their rights by sending an email to the address: email@example.com.
XV. Can I withdraw my consent for processing my personal data?
If the personal data is processed on the basis of the User’s consent, they may at any time withdraw their consent to the processing of personal data. Withdrawal of consent to the processing of personal data shall not affect the lawfulness of processing based on consent before its withdrawal. The user can exercise their right by sending an email to the address: firstname.lastname@example.org.
XVI. Right of complaint to the supervisory authority
If a User believes their personal data is being unlawfully processed, they may file a complaint with the supervisory authority. The lead supervisory authority with whom a complaint concerning the processing of personal data can be filed is the Polish authority – the President of the Personal Data Protection Office.
XVII. Is it necessary to provide personal data?
The provision of personal data is voluntary. It is however required if a User wishes to use the Games on their Mobile Device and use their functionality to the full extent, including, in particular, the option of identifying their in-Game account with a Login System.
XVIII. Use of server logs
- Information about some events triggered by Users is saved as a server log.
- The data in the form of server logs are used exclusively for the purpose of proper administration of the Games and to ensure the smooth operation of the Games and their functionalities.
- They following may be recorded:
- Mobile Device’s make and model;
- hardware identifier;
- type and version of the operating system;
- date and time of login,
- Mobile Device’s IP address.
- User action logs may also be recorded, which are then available in the tools supporting various Game(s) functionalities.
- The data described in section 2 above are not associated with specific Users and are used only for the proper administration of the Game and to ensure its continuous operation.
XIX. Does the Controller use profiling and automated decision-making?
- The Games can use technologies that allow profiling and automated decision-making with respect to Users.
- Profiling which the Controller may use in the Game, consists of monitoring the preferences and activity of the Users and the results achieved by them in the Games. Thanks to such actions, the Controller can better adjust the operation of the Games to the Users’ preferences, as well as allow the Users to make better use of some of the functionalities made available in the Games.
- Automated decision-making is based on data about the Users’ use of the Games, the ways they interact with the Game or the frequency with which they purchase the Currency units or other in-Game items.
- Automated decision-making is designed to enable the User to enjoy the Game as much as possible, including: by customizing offers for the Currency units or other in-Game items.
- Automated decision making is lawful as it serves the Controller’s legitimate interest in ensuring that the Users make the most convenient use of the functionalities made available in the Game.
- Decisions made as described above may have an impact on the User’s situation, including the disclosure of individual Game functionalities, changes in the state of the Game or the User’s decision to purchase the Currency units or other in-Game items.
- If the User does not agree with the decision made in an automated way, he is entitled to object, e.g. in the form of a complaint filed in the manner specified in the Terms of Service. The User may also contact the Controller with respect to the purpose of filing and objection by sending an email to the address: email@example.com.
- The Controller guarantees that each User’s objection will be considered by an appropriate person authorized to analyze such requests and make decisions about them. Notifications are not analyzed through the IT system.
XX. Final provisions
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 Rules of Regulation 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 such case, subscription charges will be charged automatically every month for the number of months chosen 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
§11 INTELLECTUAL PROPERTY RIGHTS
- 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 Rules of Regulations. 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, personal and may be revoked at any time by the Operator.s
- 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.
- 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: firstname.lastname@example.org.
§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: email@example.com 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:
- a. 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.
- b. 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: firstname.lastname@example.org
- 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: email@example.com
- 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 01.01.2020.