TERMS OF SERVICE FOR SITES, SERVICES AND GAMES
Last updated: 01/07/2024
- Subject matter of these Terms of Service
- This document (hereinafter referred to as the “Terms“) has been prepared by PCF Group S.A. with its registered office in Warsaw (address: al. Solidarności 171, 00-877 Warsaw, Poland), a Polish joint-stock company listed on the Warsaw Stock Exchange, the parent company of the international group People Can Fly (hereinafter we refer to ourselves as “PCF“, “we“, “us“, “our“, etc.). You may find PCF’s registration details in Section 14.1 below.
- These Terms describe the terms and conditions on which you may use our websites and other online sites, including social media accounts (hereinafter referred to as “Sites“), the services we may offer you (hereinafter referred to as “Services“), and our games (hereinafter referred to as “Games“).
- Please read these Terms carefully before you start using the Sites, Services or Games. As soon as you start using any of them – you will be bound by these Terms. There may be other documents connected with the use of some Sites, Services or Games, in addition to these Terms (e.g., license agreements to play Games, non-disclosure agreements), that apply to their use (hereinafter referred to as “Additional Terms“). You will receive such Additional Terms just before you start using such a Site, Service or Game. If you do not accept these Terms and such eventual Additional Terms, or you do not wish to be bound by those documents, you should not use the Sites, Services or Games.
- If you are under 18 years of age (or have not reached the age of majority in your country of residence that allows you to validly enter into legal transactions, such as contracts), or if you are not certain whether you can use our Sites, Services or Games, you must ask your parents or legal guardians to read and accept these Terms and any eventual Additional Terms. Your parents or legal guardians will be legally responsible for your actions in using the Sites, Services or Games.
- To use the Sites or Services, as well as to purchase and use the Games, you may be required to accept and comply with the terms and conditions set by the owners of the online platforms or other technology solutions we use to operate the Sites, provide Services or distribute Games (e.g., social media operators, distribution platform operators, online stores where you purchase the Game, software of servers suppliers). PCF does not own such technology solutions, cannot influence the terms of their use and is not responsible for them.
- Our Sites
- The Sites contain or may contain information and materials about PCF and the People Can Fly group of companies and their operations. The Sites not only publish information about the Games and events related to their development, or to the gaming community, but also information about the organization and operations of PCF and the People Can Fly capital group. Some of the information posted on the Sites (in particular at www.peoplecanfly.com) is the information that we are required by law to publish online. Such information may include our promotional materials or statements made by PCF representatives about our strategy, current situation or future plans. Please remember that information posted on any Site is not an official PCF announcement, unless we have expressly stated otherwise.
- We take efforts to keep the information and materials on the Sites reliable and up to date. However, we do no guarantee that they are suitable for any particular purpose you may wish to use them for. These materials are provided for informational purposes, not as an advice (e.g., legal or investment advice) or recommendation. If you make decisions based on information obtained from the Sites (e.g., you decide to buy a Game, invest in PCF shares, or participate in game testing), you alone are responsible for such decisions. The materials available on the Sites are not an offer to conclude a contract, unless we have expressly stated otherwise.
- Our Services
- We use or may use the Sites to provide various Services, which may include, among others:
- providing text, graphic and multimedia content on various topics, such as information about PCF and the People Can Fly capital group, our organization, activities and Games,
- searching the Sites content and downloading all or parts of the content made available on the Sites,
- distributing, upon request, publications regarding our activities (mailing commercial materials),
- enabling participation in events we organize, such as Game testing, competitions,
- enabling contact with PCF (e.g., sending inquiries or submissions, sending responses to advertisements published on the Sites),
- enabling the transmission / uploading of various materials to PCF for posting on the Sites,
- enabling the creation of an individual account on the Site. For some Services creating an account may be a condition to using it.
- We provide the Services based on these Terms. There may be Additional Terms applicable to some of our Services, and you will receive them just before you start using such Services. If any provisions of these Terms and the Additional Terms are in conflict, the provisions of the Additional Terms will apply.
- Some Services may only be available subject to certain requirements, or only to certain users (e.g., a user must meet certain criteria). We will describe such requirements in these Terms or in the Additional Terms applicable to such Services. In particular, as we wrote above, you may be invited to create your own account on a Site (hereinafter referred to as “User Account“). To create a User Account, you should follow the instructions you receive from us during the registration process. We ask you to provide true and up-to-date information, otherwise you will not be able to use the Service and we will not be able to contact you. Also remember to keep your User Account passwords and usernames confidential. PCF will not be liable if you lose or share your User Account password, and your User Account is used by others, unless it occurs because of our fault. When creating a User Account, you must not impersonate others or use anyone else’s User Account without that person’s permission.
- We do not guarantee that the Sites and Services will be available at all times, in all locations, or on all devices. We also have the right to suspend at any time the availability of any Sites or Services, or to discontinue them entirely, unless we are required by mandatory provisions of law to maintain them. In particular, we may suspend the availability of our Sites or Services when we want to update, change or improve them. We will take efforts to notify you in advance of any planned interruptions in the availability of the Sites or Services, or their closure.
- Unless the Additional Terms for particular Sites or Services expressly state otherwise, we do not charge fees for the use of our Sites or Services. We may change the terms and conditions of offering the Sites or Services, also by introducing fees for their use. Such changes will be made by amending these Terms (pursuant to their Section 12) or the Additional Terms (pursuant to the terms described therein).
- We use or may use the Sites to provide various Services, which may include, among others:
- Our Games
- You can buy our Games using the systems, platforms or devices of our third-party partners (e.g. distribution platforms, online stores). The Games prices and other terms and conditions for their purchase, download, return or complaints, are provided by the stores. PCF is not a direct seller of its Games and is nt responsible for their distribution.
- To buy our Games, you may be required to accept the terms and conditions set by the owners of distribution platforms or online stores, have a user account, pay certain fees or fulfill other conditions (including technical requirements). PCF has no influence on, and bears no responsibility in relation to such terms and conditions.
- The Games may have different age categories that will be visible when you buy them. You must meet these age restrictions to play our Games.
- Important information about your rights to play the Games, and about other conditions and restrictions on such use, will be set in Additional Terms for particular Games. These are end-user license agreements. You will receive them together with the Game. The Additional Terms will also describe the scope of our liability to you in connection with the development and launch of the Game.
- Minimum technical requirements
- If you want to use the Sites or Services, you must have an Internet-enabled device capable of browsing the Internet, and you must use a web browser. If you want to use the Services involving electronic communication with PCF, you must have an email address. Access to particular Sites or Services may be subject to additional requirements that we will describe in the Additional Terms applicable to such Site or Service.
- If you want to play the Games, you must meet the technical requirements specified for the Game. They may depend on your chosen device, system or platform. Please make sure that you meet such technical requirements before you start playing, ideally before you buy the Game.
- It is you who should take efforts and bear the expenses necessary to fulfill the technical requirements for use of the Sites, Services or Games. PCF is not liable for any costs associated with it, or for your failure to meet the technical requirements necessary to use the Sites, Services or Games.
- Your rights to our content presented on the Sites or Services
- All the Sites, Services, and their elements such as, among others, text, graphics, sound, concept, user interface, graphic interface, code, photos, graphic materials, audio and visual materials, software, databases, design, structure and Sites appearance, as well as third party materials, including your materials provided to us in accordance with Section 7 below (hereinafter referred to as “Our Content“), are either owned by us or we have rights to use them (e.g. based on licenses). All Our Content is protected by intellectual property rights, in particular copyright. The Sites and Services may also contain trademarks and other logos and designations of PCF and third parties, protected by law (hereinafter referred to as “Designations“). You may use Our Content and Designations only in accordance with these Terms and Additional Terms, if any.
- We grant you a personal, limited, revocable, non-exclusive, and non-transferable license to view, browse, watch, download, install, record, run or use Our Content and Designations solely for the purpose, and within the scope, of your proper use of the Sites or Services. This license is granted for your own use only and you cannot transfer it to another person (give back to someone else, sell, borrow, lend etc.). This license does not make you the owner of any of Our Content or Designations.
- You are not allowed to modify, copy, distribute, transmit, play, duplicate, license, create derivative works of, transfer or sell any information, software, or products derived from the Sites or Services.
- You are not allowed to use the Designations for any unauthorized purpose.
- Our rights to the content provided by you
- By using a Site or Service you may provide us with various content, including, among others, text, graphic materials, audio-visual materials, photos, comments, feedback and ideas (hereinafter referred to as “your Content“). However you provide your Content to us, you grant PCF and other People Can Fly group companies your permission to use your Content in our business, without limitation in time or territory, which includes, among others, granting us a royalty-free, irrevocable, non-exclusive, transferable license to copy, publish, reproduce, distribute, publicly display, publicly perform, edit, modify, translate and otherwise use of your Content (or any part thereof) and to otherwise change it and make it available, either in its original form or as modified, in such a way that anyone can access it at any time and in any place, as well as to publish your username or nickname in connection with your Content, and to further licenses these rights. PCF may use your Content in any manner, and in any form, media, or technology now known or later developed or invented. PCF does not guarantee that it will use your Content in any manner, in particular that it will be distributed in any way. By providing your Content to us, you warrant to us that you are the owner or have all the rights to your Content necessary to fulfill your obligations set out in this section, and providing your Content to us does not violate any laws, contracts (including confidentiality agreements) or third-party rights.
- We may impose additional rules related to the use of your Content in the Additional Terms applicable to particular Sites or Services.
- Rules of conduct
- We put a lot of work into preparing our Sites, Services and Games, and all Our Content they include, and we want you to use them properly. You may use the Sites, Services and Games in accordance with these Terms, Additional Terms (if applicable), the law and ethical standards.
- By using our Sites, Services or Games, you acknowledge and agree:
- to use the Site, Service or Game solely for your own personal use, in the scope of the license we have granted to you, and not for commercial purposes, unless we have expressly stated otherwise in the Additional Terms,
- to comply with the laws, regulations and rules that apply to the Sites, Services or Games, and those that apply to you (e.g., in your place of residence or in the place where you use Our Content, or because of your age or status),
- to comply with the provisions of these Terms and the Additional Terms,
- not to interfere with the operation of the Sites, Services or Games in any way, including, among others, by hacking, bypassing security features or gaining unauthorized access, causing failure or overloading of PCF’s or any third party’s computer systems used in providing the Sites or Services,
- not to use any malicious software, code or files that may interfere with or otherwise damage the operation of the Sites, Services or Games, including, among other things, viruses, spam, Trojan horses, worms, spyware, cleanup programs, time bombs and corrupted files,
- not to use any software designed to scrape content, data and information posted on the Sites, Services or Games for the purpose of creating or developing software, in particular machine learning or artificial intelligence systems, except where such activity is intended solely to enable or facilitate browsing the Sites or Services by web browsers,
- not to modify, merge, delete, combine with other content, use reverse engineering, disassembly or decompilation techniques, or obtain or use the source code of any Our Content without PCF express consent,
- not to use or make available any hacking or cheating programs or tools, or exploit any vulnerabilities, bugs or other problems in the Sites, Services or Games for any purpose,
- not to interfere in any way with other users’ use of the Sites, Services or Games,
- not to track or share data of other users or PCF representatives without their consent,
- not to impersonate other persons, including other users or PCF representatives, unlawfully obtain or exploit others’ data in order to use the Sites, Services or Games, and not to create false identities,
- not to use the Sites, Services or Games to conduct yours or anyone else’s business, operate or participate in competitions, Ponzi schemes, send chain letters, spam or other unsolicited content, including yours or third party’s commercial and marketing materials,
- not to create, transmit, publish or distribute in any manner content that is false, illegal, offensive, profane, hateful, discriminatory, vulgar, obscene, pornographic, defamatory, even potentially threatening, invasive of others’ privacy, violating generally accepted social norms and rules of decency, otherwise unacceptable for legitimate reasons, or contrary to the purpose of the Sites, Services or Games,
- to respect other users and PCF representatives when using the Sites, Services or Games. In particular, you may not threaten, harass, insult, solicit, slander or spam others, or engage in other inappropriate behavior,
- not to take any actions or publish or distribute any content that may violate third party copyright (economic or moral rights), other intellectual or industrial property rights, image rights, trade secrets, etc.,
- your Content may not interfere in any way with the normal operation of the Sites, Services or Games.
- Please remember that you are fully responsible for how you use the Sites, Services and Games, and for the content you will share with PCF and other users when using the Sites, Services or Games. PCF bears no liability in this regard.
- If we determine that your behavior and use of the Sites, Services or Games violates the above rules, we will have the right to block or remove the content violating these Terms or otherwise violating PCF’s interests, as well as to prevent you from continuing to use the Sites, Services or Games.
- Third party materials and links
- On the Sites or Services, we may provide links to external third-party websites, services and products. In particular, the websites linked to our Sites may allow you to buy Games. We do not own or operate such third-party websites. We provide the links to these sites only for your convenience, and you use them at your own risk. The websites, services or products you may reach through these links may be governed by other laws, rules and regulations which you should read before using such services or products. PCF is not responsible for the availability and operation of such websites, the content they present, or the services or products offered by such third parties.
- Liability
- We provide the Sites or Services with due care. Please remember that we provide the Sites and Services, including Our Content, “as is”, and we make no warranties or representations as to their accuracy, completeness or suitability for any purpose. PCF is not liable for any disruptions in the proper operation of the Sites or Services, including for the loss of your data as a result of force majeure, third party actions or even our actions if taken in good faith to improve the functionality of the Sites, Services or Games.
- These Terms describe your liability in connection with your use of the Sites, Services or Games. It includes, among others, your liability for your own decisions, actions and your Content that you share with us. You must be aware of the dangers of using the Internet, in particular the possibility that third parties may obtain access to your accounts or infect your system with malware, and of the potentially resulting damage. PCF is not liable for any damage caused by third parties that you may incur in connection with the use of the Sites, Services or Games. You alone are responsible for your actions (or omissions) in connection with your use of the Sites, Services or Games. You alone bear all costs arising in connection with your use of the Sites, Services and Games.
- Complaints
- If you believe that we improperly provide the Sites or Services, violate these Terms or any Additional Terms, you may send a complaint to PCF at the email address: support@peoplecanfly.com.
- In your complaint, please provide your contact details (including email address) at which you can be reached, describe the issue and your expected solution. We will carefully consider your complaint, but we do not guarantee that the result will accommodate your expectation. We may ask you to supplement the information provided in the complaint. We will send a response to your complaint within 14 days of receiving complete information, by email, to the email address provided in the complaint.
- If you have the status of a consumer and live in the European Union, you can use an out-of-court settlement procedure for complaints and claims, which includes reporting the issue on the European online dispute resolution platform at: http://ec.europa.eu/consumers/odr/ (ODR platform). PCF has no legal obligation to use the ODR platform – we will decide on a case-by-case basis whether to pursue a dispute through the ODR platform.
- PCF does not use alternative dispute resolution means of redress for consumers, nor does it use alternative dispute resolution (ADR) entities, unless such an obligation results from the mandatory provisions of law.
- When can we change these Terms?
- We can change these Terms at any time if we feel that it is necessary, e.g. as a result of a change of law or to change our Sites or Services. If we change these Terms, we will make the updated version available on our Sites and we will try to inform you (if we have such ability) of the change as far in advance as possible. The changed version of the Terms will become effective 14 days after its publication on the Site, except for updates of our registration or contact details or editorial changes, which will become effective on the date of publication. If you do not accept the change to these Terms, or you do not wish to be bound by them, you should stop using the Sites, Services or Games. Your continued use of the Sites, Services or Games after the change of the Terms means your acceptance thereof.
- The up-to-date text of these Terms is always available on the Site. You may download it, print it or save it to any media at any time.
- When do these Terms cease to apply?
- These Terms will cease to apply to you when:
- you stop using the Sites, Services or Games,
- PCF stops providing Sites, Services or Games,
- PCF suspends or prevents your use of the Sites, Services or Games because of your violation of these Terms or Additional Terms, especially if the violation is material or causes damage to PCF, other People Can Fly group companies, our business partners or licensors,
and in any of these situations we will have no further obligations or liability to each other (other than the obligations or liability that may have arisen before the termination of our relationship)
- If you stop using the Sites or Services and your User Account is closed, you will lose access to the data stored in that User Account.
- These Terms will cease to apply to you when:
- Other important legal issues
- PCF’s full registration details are as follows: PCF Group Spółka Akcyjna, address: al. Al. Solidarności 171, 00-877 Warsaw, Poland, entered in the Register of Entrepreneurs of the National Court Register (Krajowy Rejestr Sądowy) by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register, KRS number 0000812668, share capital amount PLN 718,805.42 paid in full, NIP (tax identification number) 5213451404, REGON (statistical identification number) 141081673.
- You can find PCF’s current contact details, including current email addresses, on our Site www.peoplecanfly.com, in the “Contact” section.
- If you use the Sites, Services or Games, we will receive your personal data. Please read our Privacy Policy (https://peoplecanfly.com/polityka-prywatnosci/) to understand how PCF collects and protects your data, and what it is authorized to do with them. Additional Terms applicable to certain Sites or Services may introduce additional or different rules of processing your personal data – please be sure to read them.
- If any provision of these Terms is deemed unenforceable or invalid, it will not affect the remaining parts of these Terms. Terms will apply without such unenforceable or invalid provision, which we will try to change or replace.
- When offering the Sites, Services or Games, we may use People Can Fly group companies or other third-party contractors. Such outsourcing will not require your consent. If we outsource any tasks related to offering the Sites, Services or Games to our other companies or contractors, such entities will also adhere to the provisions of these Terms and the Additional Terms, if any.
- Neither you nor PCF will be liable for any violation of these Terms or Additional Terms, including a failure to provide a Site, Service or Game, if such violation is caused by the occurrence of force majeure, which means any circumstances beyond our control, including, among others, telecommunication and Internet service interruptions, fires, floods and other natural phenomena, disasters, epidemics and pandemics, wars and strikes.
- These Terms are governed by, and should be interpreted in accordance with, the Polish law. You agree that all disputes arising in connection with the implementation of these Terms will be resolved by competent Polish common courts.
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