Conditions of use and reward winning system on Gamekit.com

Archival regulations of the website are applied until: 2018-05-24

CONDITIONS OF USE OF GAMEKIT.COM

You must read the following Conditions of use before the first use of Gamekit.com. Using Gamekit.com for the first time the User agrees to accept and comply with the Conditions of Use. The access to Gamekit.com service requires full acceptance of the Conditions of Use.

Definitions

Gamekit - Gamekit (formerly Playgainer) limited liability company (spółka z orgniczoną odpowiedzialnością) with the registered office in Warsaw, Aleja Wilanowska 95/48, postal code 02-765 Warszawa, entered in the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw in Warsaw, XIII Commercial Division of the National Court Register under number KRS 0000698534, taxpayer identification number NIP 52525-62-183, share capital 16.900 zł.
Gamekit.com - online service provided to Users by Gamekit on an internet website used for entertaining and informative purposes. Gamekit confirms to be a legal proprietor of the website’s address www.Gamekit.com where Gamekit.com service is provided. Gamekit.com service is offered to Users in the following forms:
- fully operational, available to the registered and logged-in Users. It gives User the access to all the functions of Gamekit.com available on the User Account. Gamekit.com service may be integrated with Facebook or Google Plus;
- restricted, which allows a passive use of games with a limited access to the functions of Gamekit.com.
Recipient - a natural person that uses Gamekit.com.
User - a Recipient who has submitted Registration of a User Account.
User Account - an account created and held by Gamekit for each registered User under his/her unique name (login). The account stores User’s personal data and all the information about User’s activity on Gamekit.com, including User’s Top-ups and Materials.
Registration - a procedure in which the User Account is created.
Agreement - the Gamekit.com Service Agreement.
Materials - all the contents and Games presented on Gamekit.com or on the other websites to which Gamekit.com directs its Users, excluding the contents and materials published by Users.
Games - games available on Gamekit.com.
Points - points awarded or sold to the User, which s/he accumulates on the User Account.
Top-up - an additional number of points on the User Account.
Reward - a prize given to the User in exchange for a certain number of points provided that the User has fulfilled other terms and conditions specified by Gamekit.
Game Top-up - an exchange of Points for the Reward to play a Game or improve Game functions.
Payment method - offered by Gamekit method of payment that is processed by an Internet Payment Company.
Conditions of Use - the following document.
List of countries - list of countries where Gamekit.com is fully available. The List of countries is published on Gamekit.com.

User Account Registration, terms and conditions of holding User Account

Any natural person may be the Recipient of Gamekit.com service. The Recipient has a limited access to Gamekit.com service.
The User must be of full age and have the full capacity to perform legal actions. Minors, who have attained their thirteen years of age, may use Gamekit.com with the consent of their statutory representative.
Registration on Gamekit.com is free of charge. The Registration of the User Account is submitted by filling in the application form available online. The User may submit the Registration using any IP number. If the User registers using IP number outside the List of countries where Gamekit.com is fully available,, s/he may have limited access to the functions of Gamekit.com.
Online Registration may require the User to enter his/her personal data such as name and surname, phone number, e-mail address, address of residence, login, and password. Entering the above-mentioned data, the User confirms that they are true and complete. The User may not submit registration using a temporary email address.
To register via Facebook – the User shall choose the option „Register via Facebook” in the online application form and login in to a Facebook account. By registering via Facebook, Gamekit will have an access to User’s e-mail address and data collected by the User on Facebook.
Within 14 days after Registration, the User shall receive an email message sent to the address given in the application form, with a confirmation of the Registration of the User Account. The moment when the User receives the confirmation of the Registration, s/he enters into a service agreement with Gamekit, which shall be performed on the terms and conditions specified in the Conditions of Use. The agreement is concluded for an unspecified period of time.
The User has a right to withdraw from the agreement without giving any cause within 14 days of the execution of this agreement. The right to withdraw from the agreement shall be effective if the User makes the declaration of withdrawal from the agreement, the sample of which can be found in the Appendix to the Conditions of Use. The declaration of withdrawal from the agreement shall be sent in writing (by post) to the address of Gamekit’s registered office. The declaration of withdrawal from the agreement must be postmarked before the 14-day period expires. The User shall not withdraw from the agreement if the service has been provided to the User, on User’s explicit consent, before the expiration of the withdrawal period.
Gamekit creates the User Account within 21 days from a proper Registration. Each User may have only one User Account. The User may neither give the access to his/her Account to other Users nor use other User Accounts. The User shall not reveal a password to his/her User Account to anyone.
The User gets the access to the User Account after entering login and password (logging-in). The User, who has submitted the Registration via Facebook or integrated Gamekit.com account with his/her Facebook account, can log in by using the application Facebook Connect.
The User Account stores personal data that the User gives in the Registration. The User must update the data using special form available on Gamekit.com.
The User Account is non-transferable. The User may not transfer the rights arising from the creation of the User Account on third persons.

Rights and obligations of Gamekit

Gamekit is liable to provide the service of Gamekit.com with reasonable care.
Gamekit guarantees that Gamekit.com service will be available for no less than 360 hours per month. The service outages may occur due to technical and maintenance works. If the service outage is caused by some failure, Gamekit shall make reasonable effort to resolve the problem. Gamekit informs that Gamekit.com service is provided by means of ICT data transmission, therefore the service availability may be limited due to some objective circumstances and factors that are beyond the control of Gamekit such as weather conditions, defective system, poor quality of signal, errors or ICT network failures.
Gamekit shall not be responsible for:
- the way Users use Gamekit.com;
- the content of comments and opinions published by Users;
- Users’ own materials published on the website;
- the consequences arisen from making use of the information that the User obtained via Gamekit.com.
Gamekit reserves the right to:
- immediate deletion of the content/material, mentioned in IV.6.g) of the Conditions of Use without any prior notification of the User;
- terminate the agreement with prior notification sent to the User to the e-mail address given in the Registration. The termination of the agreement made by Gamekit is enforced within 7 days,
- terminate the agreement with immediate effect if the User does not purchase or collect any Points during 30 consecutive days.
Gamekit may place advertisements directed to Users on Gamekit.com.
Gamekit may terminate the agreement with the User with an immediate effect if:
- the User creates multiple User Accounts, collects points in an illegal way, threatens other Users;
- the User plays for another User in order to get Points;
- the User shares his/her login and password with another User;
- Gamekit.com service is no longer provided after the prior notification of Users placed on Gamekit.com website;
- the User infringes the provisions of IV.6 and 7 of the Conditions of Use;
- the User uses temporary email addresses to use Gamekit.com service.
Gamekit is responsible for non-performance or improper performance of Gamekit.com service in respect of the provisions of the Conditions of Use and binding laws.
Non-performance or improper performance of Gamekit.com service by Gamekit does not cause:
- the breakdown of the computer equipment that belongs or is used by the User;
- any limitations or interferences in the access to the Internet;
- other disturbances in the use of Gamekit.com service which result from User’s actions or omissions in breach of the provisions of the Conditions of Use.

Rights and obligations of Users

On Gamekit.com Users can, in particular:
- browse Materials published on the website, play Games and use other multimedia available on the website;
- publish their own contents and materials about the Materials;
- rate the Materials published on Gamekit.com according to the rating system on Gamekit.com
- win Points as regulated in Terms and Conditions on Points and Rewards.
Users shall use Gamekit.com and the Materials only in accordance with a fair use doctrine, regulated by the provisions of the Act of February 4, 1994 on Copyright and Neighbouring Rights and other appropriate provisions. The use shall not violate Gamekit’s right to use the materials and databases or be contrary to the interests of Gamekit or persons whose Materials have been published on Gamekit.com on the basis of an agreement concluded with Gamekit.
Users have the right to provide their own contents (comments, posts, etc.) about the Materials published on Gamekit.com and rate the Materials according to the rating system on Gamekit.com.
The User who publishes contents and materials on Gamekit.com confirms that s/he has the rights or consents essential for their publication and neither the contents nor the materials infringe the rights of third parties, especially their copyrights and industrial property rights. By publishing the contents and materials on Gamekit.com, the User grants Gamekit non-exclusive, not limited in time, free of charge licence to use the contents and materials all over the world in such fields of exploitation as: analogue and digital copying, computer data storage, computer network and multimedia publication, marketing, lease, publication in place and time chosen by Gamekit, emission, transmission, reemission, playing, storing materials and contents in databases, using contents and materials for the promotion of Gamekit.com. Moreover, the User allows Gamekit to exercise moral copyrights to the contents and materials as well as gives Gamekit the right to make compilations, adaptations or remixes and to incorporate the contents and materials to other works (execution of derivative rights).
The User takes full and complete responsibility for all the materials and contents published by him/her on Gamekit.com. The User is responsible for every possible infringements of the rights of thirds persons caused by the publication of his/her materials and contents on Gamekit.com. If a third person brings a claim against Gamekit for the infringements mentioned in the previous sentence, the User shall indemnify Gamekit against any responsibility and repair caused damages as well as satisfy all final and binding judgements. If Gamekit has satisfied the claim brought by a third party, the User shall be liable to cover all the costs carried by Gamekit, including: the amount indicated in the claim, additional costs, legal costs, legal representation costs.
The User is liable to use Gamekit.com in accordance with the present law of the Republic of Poland, social and moral norms, the provisions of the present Conditions of Use, including, but not limited to:
- not to violate the rights of other Users;
- not to publish any promoting materials or materials with commercial content on Gamekit.com;
- not to publish materials, to which s/he has no rights, including intellectual property rights or the rights to an image;
- not to take any actions to disturb the functionality of Gamekit.com;
- not to repress, stock, humiliate or threaten other Users due to their sex, sexual orientation, race, ethnic identity, age or disability;
- not to act under the name of another person, company, or other entity, including Gamekit, its workers and representatives;
- not to publish materials/contents that violate the present legal, moral and ethical norms, especially pornographic materials/contents, the materials/contents that appeal to national, ethnic, religious and other hatred, and propagate violence, phonographic piracy, popularise data hacking techniques or viruses as well as all other contents and materials of the similar nature;
- not to take any action that may mislead or manipulate Gamekit, in particular in order to provoke unfavorable dispose of any goods (tangible or intangible) that have economic value;
- not to use software that enables any kind of advertisement blocking, in particular AdBlock or any other similar software.
The User is not entitled to:
- make copies, modifications, electronic or other transmissions of all or a piece of content of Gamekit.com or any particular Materials published on Gamekit.com, especially for commercial purposes;
- make a public integration or using any other form of publication to share the Materials published on Gamekit.com;
- use temporary email address on Gamekit.com; create multiple User Accounts. For the purpose of this provision User Accounts created by siblings, brother, sister, parents and other relatives or people who use the same Internet connection shall be considered as multiple User Accounts.
The User shall not introduce any false, misleading or manipulated materials such as screens, in order to confuse or mislead Gamekit, in particular to obtain Top-ups or Prize.
The User shall not create more than one User Account. In the case User breaches this prohibition, Gamekit is entitled to delete every User Account created by the User.
The User may terminate the agreement at any time. The agreement terminates at the moment when the User Account is deleted within 21 days from the date the User has submitted the proper disposition to terminate the agreement filling in an electronic form available on Gamekit.com.
Users shall not use proxy and other technical solutions or features in order to modify their actual location or IP address.

Top-ups

Gamekit provides the function, which allows User to purchase Points on Gamekit.com. The minimal number of Points the User can purchase is 1.
The time in which the purchase transaction for the Top-ups is complete depends on the method of payment chosen by the User and shall be no longer than 30 days. The User shall be informed about the Top-up by e-mail sent to the address given in the Registration or updated by the User on his/her Account.
The User may withdraw from the purchase agreement of Points without giving any cause within 14 days from the date of its conclusion. Withdrawal from the agreement is possible by making the declaration of the withdrawal, the sample of which can be found in the appendix to the Conditions of Use. The declaration of withdrawal from the agreement shall be sent in writing (by post), to the address of Gamekit’s registered office or by e-mail to contact@gamekit.com. The declaration of withdrawal shall be postmarked before the expiration of a 14-day period. The User may not withdraw from the agreement if with User’s consent, the Points have been awarded and appeared on the User Account before the agreement has been withdrawn.
If the User renounces the Purchase Agreement for Points, Gamekit shall return the payment to the User within 14 days from the date it has received the declaration of the withdrawal of the purchase agreement. The payment shall be returned by the same method of payment that the User used initially, unless the User agrees to another method. If the payment has been made via text message payment, the payment shall be returned by a bank transfer to the account designated by the User.
Gamekit is not responsible for the false data on a bank transfer confirmation delivered to the User by the Internet Payment Company. Gamekit will not respond to the complaints on the processing of payments. Depending on the method of payment, the complaints shall be addressed to the Internet Payment Company, a bank or a mobile network operator.
Points shall be valid for 30 days after the purchase. If the User does not collect or purchase any Points during 30 consecutive days, all the Points shall be deleted.
If the User uses software that enables any kind of advertisement blocking, Gamekit is entitled to refuse to sell Points to such User.

Shop

Gamekit may introduce Shop which enables Users to purchase games and other products.
Users may purchase games and other products by choosing one of the following Payment method (availability of payments methods may vary):
- credit card,
- PayPal,
- text message payment (mobile payment),
- Pay Safe Cards,
- payment with Points
Users by using button "buy" or equivalent enter the purchase agreement (hereinafter: "Purchase Agreement") and are legally bound to comply with its provisions, in particular shall make a payment. The payment shall be made within 7 days from the day of the Purchase Agreement. If the User fails to make the payment, the Purchase Agreement shall be null and void.
Gamekit shall inform the User about receipt of payment. The User shall be informed about the Purchase Agreement by e-mail sent to the address given in the Registration or updated by the User on his/her Account.
The time in which Gamekit will make available the game or other products to the User may vary depending on the method of payment chosen by the User and shall be no longer than 30 days.
Once the game or other product is made available to the User, the User may not rescind the Purchase Agreement.

Personal data and commercial messages

To use all the functions offered by Gamekit.com, the User may be asked to enter his/her personal data.
The User may be identified by Personal data s/he has given in the Registration and the IP number s/he uses to connect with Gamekit.com.
By registering Users agree to have their personal data processed for the needs of Gamekit.com service provided by Gamekit in accordance with the Data Protection Act of 29 August 1997. Gamekit is the personal data administrator. Gamekit gives Users the possibility to verify, correct and delete their personal data. As the User Personal Data Administrator, Gamekit cares about the data security especially it protects the data from the access of unauthorized persons. User personal database held by Gamekit may be registered to the Inspector General for the Protection of Personal Data if so required by the provisions of law.
Using ITC systems Gamekit may send commercial messages as defined in the provisions of art. 2 item 2 of the Act on Providing Services by Electronic Means of 18 July 2002 – with the prior consent of the User.
The User may withdraw his/her consent to receive commercial messages. Gamekit recommends Users to withdraw their consents in writing.

Cookie policy

To improve the quality of use of Gamekit.com service, Gamekit may make use of cookie files saved on User’s computer(s) and obtain information about IP address(es). „Cookie” is a small text file saved on the computer which connects with Gamekit.com. „Cookie” contains solely encoded computer system identification number. „Cookie” does not allow for the identification of the person who uses Gamekit.com and does not collect any data that allow such identification. In order to operate, Cookies must be accepted by a browser and cannot be deleted form a hard disk. Not sharing cookies or their deletion may cause problems with the use of Gamekit.com service for which Gamekit is not responsible. Gamekit collects the information on the use of Gamekit.com and Users’ IP addresses analysing their loggings. The information is collected for technical purposes, connected with the administration of the servers of Gamekit.com and for statistics, in the demographic analysis of Users.

Complaints

Every User of Gamekit.com has the right to make a complaint on the operation of Gamekit.com service. Gamekit shall respond to the complaints.
A complaint must be made in writing and sent (by post) to the address of Gamekit’s registered office or by e-mail on: contact@gamekit.com. Complaints shall be made without any unnecessary delay.
A statement of complaint shall include User’s contact details (e.g. postal address, phone number, e-mail address), the object of a complaint and the justification of the circumstances. A complaint shall also indicate the way and form of contact with the User.
Gamekit shall handle a complaint within 21 days and promptly inform the User about the outcome of the proceedings.

Technical requirements for the use of Gamekit.com

In order to use Gamekit.com service, the User needs to have the Internet access on his/her computer and use one of the following browsers: Internet Explorer, Mozilla Firefox, Google Chrome or any other similar browser in its newest version.
The use of all the functions of Gamekit.com may require the User to change the settings of a browser to choose the appropriate level of Cookies and Secure Sockets Layer SSL or enable JavaScript application.
Gamekit informs that a failure to fulfil the requirements may cause wrong operation of the service, for which Gamekit is not responsible.

Final provisions

To all the matters not settled in the Conditions of Use, the provisions of Polish Law shall apply, particularly the provisions of the Civil Code, the Act on Copyright and Related Rights, the Act on Telecommunications Law, Acts on Personal Data Protection and Acts on Providing Services by Electronic Means.
All the disputes about Gamekit.com service may be:
- settled by a proper general court, as decided by the User.
- submitted to alternative dispute resolution body by using the ODR platform.
The updated version of the Conditions of Use is available on Gamekit.com website in the section „Conditions of Use” and in Gamekit’s registered office. The User has a free of charge access to the Conditions of Use before conducting the agreement and at every request, in such a form which allows downloading, recording and printing.
Gamekit reserves the right to modify the Conditions of Use in case the functionalities of Gamekit.com are changed or the modification is required by the law. Gamekit shall inform Users about any planned changes in the Conditions of Use within 7 days from the date when the modified version of the Conditions of Use becomes effective.

Appendix: Declaration of withdrawal