Conditions of use and reward winning system on Gamekit.com

Regulations of the website applicable to: 2019-11-01

Effective as of 24 May 2018.

You must read the following Terms 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 Terms of Use. Access to Gamekit.com service requires full acceptance of the Terms of Use.

DEFINITIONS

“Gamekit” means Gamekit SA with its registered office in Warsaw, ul. Koszykowa 61, 00-667, entered in the Register of Businesses maintained by the District Court for the Capital City of Warsaw in Warsaw, 12th Commercial Division of the National Court Register, under number KRS 0000698534, taxpayer identification number (NIP) 525-25-62-183, share capital of PLN 101,400.00. You may contact Gamekit at kontakt@dogry.pl.
“Gamekit.com” means online service provided to Users by Gamekit via an internet website used for information and entertainment purposes. The service is available at www.Gamekit.com which is legally owned by Gamekit and where Gamekit.com service is provided. Gamekit.com service is offered to Users in the following forms:
- fully operational, which can be accessed by registered and logged-in Users. It gives User access to all the functions of Gamekit.com available on the User Account. Gamekit.com service may be integrated with Facebook or Google account;
- restricted, which only allows a passive use of games with a limited access to the functions of Gamekit.com; it can only be accessed by those who are not logged in.
“Recipient” means a natural person that uses Gamekit.com.
“User” or “You” means a Recipient who has applied for Registration of a User Account.
“User Account” means an account held by Gamekit for each registered User under his/her unique name. The account stores User’s personal data and information about User’s activity on Gamekit.com, including information about Top-ups and Materials.
“Registration” means a procedure in which a User Account is created.
“Agreement” means the Gamekit.com service agreement.
“Materials” means all the contents, including Games presented on Gamekit.com or on other websites to which Gamekit.com directs its Users, excluding the contents and materials published by Users.
“Games” means games about which information is available on Gamekit.com.
“Points” means points awarded or sold to the User that s/he accumulates on the User Account.
“Experience (exp)” means User experience gained for completing tasks or other activities specified by Gamekit.
“Level” means the level of the User’s advancement determined on the basis of the Experience, which determines the possibility of receiving the Reward.
“Top-up” means an increase in Points accumulated on the User Account.
“payment method” means a method of payment of Fees for Points by the User, that is offered by Gamekit and processed by the Electronic Payment Operator.
“payment operator” means a service provider with which Gamekit has entered into an agreement for receipt and settlement of Fees.
“Terms of Use” means these Terms of Use.

USER ACCOUNT REGISTRATION, TERMS OF MAINTAINING USER ACCOUNT

Any natural person may be a Recipient of Gamekit.com service. The Recipient has a limited access to Gamekit.com service.
To qualify as a User, a person must be of legal age and have full capacity to perform legal transactions. Minors, who have attained thirteen years of age (fourteen years of age - Germany, Spain; fifteen years of age - Chile, sixteen years of age - Brazil, Netherlands), may use Gamekit.com in accordance with the law regulations on the particular country. Minors, who have not attained thirteen years of age, may not use Gamekit.com. Minors, who have not attained eighteen years of age, may only have an Account created by their legal representative. In such case the minor’s legal representative is a party to the Agreement.
Registration on Gamekit.com is free of charge. The Registration of the User Account is submitted by filling in an application form available online. The User may submit the Registration using any IP number. If the User registers using IP number in other countries (i.e. other than the IP number for the country in which the registration takes place), s/he may have limited access to the functions of Gamekit.com.
Online Registration requires the User to enter his/her personal data, such as email address, age and password. The User must also accept the Terms of Use and may give marketing consents. The User may not submit Registration of the User Account using a temporary email address.
To register via Facebook, the User must choose “Register via Facebook” option in the online application form and log in via Facebook.com. Logging in via Facebook does not necessarily require an email address to be provided.
To register via Google account, the User must choose “Register via Google” option in the online application form and log in to a Google account. Logging in via Google account does not necessarily require an email address to be provided.
Within 14 days, the User will receive an email message sent to the address given in the application form, with a confirmation of the Registration of the User Account Confirmation of the Registration is not required to enter into an Agreement. If the Registration is not confirmed, the Agreement is entered into when the registration data are entered in the registration form. If the Registration is confirmed, the Agreement is entered into when the Registration is confirmed. The Agreement is made for a non-fixed term.
You may withdraw from the Agreement at your convenience within 14 days after it is entered into. You may exercise the right of withdrawal by giving notice of withdrawal from the Agreement in the form set out in the appendix to these Terms of Use. The notice of withdrawal should be sent in writing (by mail) to Gamekit’s business address or via email to kontakt@dogry.pl. The notice of withdrawal must be postmarked before the expiry of the 14-day period. The User may no longer exercise the right of withdrawal from the Agreement if Gamekit starts to provide services before the expiry of the withdrawal period.
Gamekit creates the User Account within 21 days following correct Registration. Each User may have only one User Account. If the User creates another Account using the same IP address, access to Services from all Accounts will be blocked. The User may neither give access to his/her Account to other Users nor use other User Accounts. The User may not share a password to his/her User Account with anyone.
The User gets access to the User Account after entering the email address used for Registration purposes and password (logging-in). The User that has submitted the Registration via Facebook or linked the Gamekit.com Account with his/her Facebook account, can log in by using the Facebook Connect application. The User may also access the Account via a temporary link sent by Gamekit (no password required).
The User Account stores personal data that the User provides for Registration purposes. If such data are subsequently modified, the User should promptly update them using the Account settings.
The User Account is non-transferable. The User may not transfer the rights attached to the creation of the User Account to third parties.

RIGHTS AND OBLIGATIONS OF GAMEKIT

Gamekit agrees to provide Gamekit.com service with reasonable care.
Gamekit guarantees that Gamekit.com service will be available for no less than 360 hours per month. Gamekit.com service outages may in particular be caused by technical or maintenance works. If the service outage is caused by a failure, Gamekit will make reasonable effort to address the problem as soon as practicable. Please be informed that Gamekit.com service is provided by means of ICT data transmission and, therefore, Gamekit.com service availability may be limited due to objective circumstances and factors that are beyond the control of Gamekit, such as weather conditions, incorrect installation, poor signal quality, ICT network errors or failures.
Gamekit is not liable for:
- the content of comments and opinions published by Users;
- Users’ own materials posted on the website;
- the consequences of making use of the information obtained by the User via Gamekit.com;
- Users’ use of Gamekit.com service;
Gamekit reserves the right:
- to immediately remove the content/material referred to in Section IV.7(g) of the Terms of Use without prior notice to the User;
- to terminate the Agreement upon prior notice sent to the User to the email address provided for Registration purposes. Where the User did not provide an email address, the notice will be made by displaying a relevant system message. The notice period for Gamekit is 7 days.
Gamekit may place advertisements directed to Users on Gamekit.com.
Gamekit may block the User Account with immediate effect if:
- the User creates more than one User Account, violates Gamekit.com Terms of Use of the Point and Reward System, illegally collects Points and also if the User provided incorrect or fabricated data upon Registration or Reward Receipt;
- the User requests deletion of the account and subsequently creates other accounts using the same or other email address;
- the User intimidates 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 upon prior notice to the Users posted on Gamekit.com website;
- the User breaches the obligations under Sections IV.6, 7 and 8 of the Terms of Use;
- the User uses temporary email addresses to use Gamekit.com service.
Gamekit is liable for non-performance or improper performance of Gamekit.com service on the terms set out in the Terms of Use and applicable laws.
Non-performance or improper performance of Gamekit.com service by Gamekit is not caused by:
- any other interference with the use of Gamekit.com service caused by the User’s actions or omissions in violation of the Agreement or the Terms of Use;
- non-operational condition of the equipment owned or used by the User;
- limitations in or interferences with access to the Internet.

USER’S RIGHTS AND OBLIGATIONS

On Gamekit.com Users may in particular:
- browse Materials posted on Gamekit.com, find out about Games and go to third party websites that offer them, as well as use other multimedia available on Gamekit.com;
- publish their own contents and materials relating to the Materials;
- rate the Materials published on Gamekit.com in accordance with Gamekit.com rating system;
- get Points on the terms set out in Gamekit.com Terms of Use of the Point and Reward System, gain Experience and Level,
Users must use Gamekit.com and the Materials only in accordance with the fair use doctrine defined in the Act on Copyright and Related Rights of 4 February 1994 (consolidated text: Journal of Laws of 2016, item 666) and other relevant laws. Such use may not infringe Gamekit’s right to use the works and databases or prejudice the interests of Gamekit or entities whose Materials are published on Gamekit.com under an agreement entered into with Gamekit.
Users have the right to post on Gamekit.com their own contents (comments, posts, etc.) about the Materials published on Gamekit.com and rate the Materials in accordance with Gamekit.com rating system.
The User who publishes contents and materials on Gamekit.com represents that s/he has the rights or consents required for their dissemination, and that neither the contents nor the materials infringe third party rights, in particular copyrights and industrial property rights. By posting the contents and materials on Gamekit.com, the User grants Gamekit non-exclusive, perpetual, royalty-free licence to use the contents and materials worldwide with respect to the following fields of uses: analogue and digital reproduction, computer data storage, computer network and multimedia publication, putting into circulation, renting, lease, making available from a place and at a time individually chosen by Gamekit, screening, broadcasting, rebroadcasting, retransmission, storing materials and contents in databases, using contents and materials for the promotion of Gamekit.com. The User further authorizes Gamekit to exercise moral rights to his/her own contents and materials, to create derivative works, adaptations or alterations and to incorporate the contents and materials in other works (exercise of derivative rights).
Gamekit prohibits the User from disseminating, posting at Gamekit.com or otherwise using the materials and contents created by other users or third parties. This applies in particular to the materials and contents which determine the performance of a task or participation in another event organized by Gamekit.
The User is fully and solely liable for all the materials and contents which s/he posts on Gamekit.com. The User is liable for any infringement of third party rights caused by the publication of materials and contents on Gamekit.com. If a third party files against Gamekit any infringement claim referred to in the preceding sentence, the User agrees to hold harmless and indemnify Gamekit in this respect, to redress any ensuing damage and to satisfy any and all amounts awarded under final and non-appealable decisions. If Gamekit satisfies any third party claim, the User must reimburse Gamekit for all related costs incurred by Gamekit, including, without limitation, the principal claim, incidental dues, court costs and legal representation costs.
The User agrees to use Gamekit.com in accordance with the applicable law in the country where the service is provided, usages and trades, these Terms of Use. The User agrees in particular:
- not to infringe other Users’ rights;
- not to publish any promoting or commercial materials on Gamekit.com;
- not to publish materials, to which the User has no rights, including intellectual property or image rights;
- not to take any actions that are likely to disturb the functionality of Gamekit.com;
- not to repress, stalk, humiliate or threaten other Users on the ground of their sex, sexual orientation, race, ethnic identity, age or disability;
- not to intimidate, threaten or insult Gamekit employees;
- not to impersonate any other person, company or entity, including Gamekit, its employees and representatives;
- not to post materials/contents that violate the present legal, moral and ethical norms, in particular pornographic materials/contents, materials/contents that appeal to national, ethnic, religious and other hatred, etc. or materials/contents promoting violence, phonographic piracy, popularizing data hacking techniques or viruses as well as any other similar contents and materials,
- not to take any steps that are likely to mislead, manipulate Gamekit or induce Gamekit to dispose of any goods (tangible or intangible) that have economic value, to its detriment.

Breach of any of the above provisions may result in the User being held liable in accordance with the applicable laws, including criminal law.

The User may not:
- make copies, modifications, electronic or other transmissions of all or any element of content of Gamekit.com or any Material posted on Gamekit.com, in particular for commercial purposes;
- make available to the public or otherwise disseminate the Materials published on Gamekit.com;
- use temporary email addresses on Gamekit.com;
- use proxy and other technical solutions or features in order to modify their actual location or IP address.
The User may not create more than one User Account. If the User creates more than one User Account, Gamekit may remove all User Accounts created by the User.
The User may terminate the Agreement at any time. The Agreement terminates upon the User Account being deleted by Gamekit. Gamekit will delete the User Account within 21 days after the User submits a correct notice of termination using the electronic form available on Gamekit.com.
Breach by the User of any provision of Gamekit.com Terms of Use of the Point and Reward System results in the User Account being blocked.

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 effected depends on the payment method the User has opted for and does not exceed 30 days. The User is informed about the Top-up via email sent to the address provided for Registration purposes or updated by the User in the User Account. If the User did not provide an email address, s/he is informed about the Top-up via a system message.
The User may withdraw from the Points purchase agreement at his/her convenience within 14 days after the agreement is entered into. The User may exercise the right of withdrawal from the Points purchase agreement by giving notice of withdrawal in the form set out in the appendix to these Terms of Use. The notice of withdrawal should be sent in writing (by mail) to Gamekit’s business address or via email to kontakt@dogry.pl. The notice of withdrawal must be postmarked before the expiry of the 14-day period. The User may not withdraw from the Points purchase agreement if the Points are credited to the User Account before the expiry of the withdrawal period.
If the User withdraws from the Points purchase agreement, Gamekit return the amount paid by the User within 14 days after receipt of the notice of withdrawal from the Points purchase agreement. Payment will be made using the payment method originally used by the User, unless otherwise authorized by the User. If the payment was made via text message, the amount will be paid back by a bank transfer to the bank account specified by the User.
Gamekit is not liable for false data provided on a bank transfer confirmation delivered to the User by the Payment Operator. Gamekit will not handle complaints on the processing of payments. Depending on the payment method, complaints should be addressed to the Payment Operator, a bank or a mobile network operator.
Purchased Points are valid for 60 days after being credited to the User Account.

PERSONAL DATA AND COMMERCIAL MESSAGES

In order to use all the functions offered by Gamekit.com, the User may be required to provide his/her personal data.
The User may be identified by data s/he has provided for Registration purposes and the IP number s/he uses to connect with Gamekit.com.
Gamekit is the data controller. Gamekit allows Users to verify, rectify or erase their personal data. As the controller of Users’ personal data, Gamekit ensures that data provided by Users are secure, in particular it protects them from unauthorized access. A full privacy notice compliant with Article 13 of the GDPR is available under the “Personal Data” section.
With prior consent of the User, Gamekit may send commercial messages as defined in Article 2 paragraph 2 of the Electronic Services Act of 18 July 2002.
The User may withdraw his/her consent to receive commercial messages at any time.

COOKIES POLICY

For technical reasons, to improve the quality of use of Gamekit.com service, Gamekit may use cookie files saved on User’s computer(s) and obtain information about IP address(es). A “cookie” is a small text file saved on the computer which connects the User with Gamekit.com. It only contains an encoded computer system identification number. A “cookie” neither allows for a person using Gamekit.com to be identified nor collects any data that allow for such identification. In order to be enabled, cookies must be accepted by a browser and cannot be deleted form a hard disk. Failure to share or deletion of cookies may hinder the use of Gamekit.com service for which Gamekit is not responsible. Gamekit collects information on the use of Gamekit.com and Users’ IP addresses based on analyses of Users’ loggings. The information is used for technical purposes, related to the administration of Gamekit.com servers and for statistical purposes, in the demographic analysis of Users.

COMPLAINTS

Each User of Gamekit.com has the right to lodge a complaint in relation to the operation of Gamekit.com service. Complaints are handled by Gamekit.
Complaints must be sent via email to: kontakt@dogry.pl. Complaints must be made without undue delay.
A complaint must include the User’s contact details (e.g. mailing address, phone number or email address), the subject matter of and reasons for the complaint. A complaint should also specify the way and form of contact with the User.
Complaints are handled within within 30 days after receipt by Gamekit.
Gamekit promptly informs the User about the outcome of the complaint handling procedure.

TECHNICAL REQUIREMENTS FOR USING 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 to enable JavaScript application.
Please be informed that failure to comply with the requirements may cause wrong operation of the service, for which Gamekit is not responsible.

FINAL PROVISIONS

All matters not addressed in the Terms of Use are governed by the Polish law, in particular the provisions of the Civil Code, the Act on Copyright and Related Rights, the Telecommunications Law, the Protection of Personal Data Act and the Electronic Services Act.
All disputes related to the provision of Gamekit.com service may be:
- resolved with the use of an ODR platform
- settled by competent Polish courts, as decided by the User.
The updated version of the Terms of Use is available on Gamekit.com website under the “Terms of Use” section and at Gamekit’s registered office. The User has a free of charge access to the Terms of Use before entering into an agreement and at each request, in such form as to allow the User to download, record and print the same.
Gamekit reserves the right to modify the Terms of Use. Gamekit will inform Users about any planned modification to the Terms of Use within 7 days after the effective date of the modified version of the Terms of Use. If the User does not accept the new version of the Terms of Use, s/he may terminate the Agreement by deleting the User Account.

Conditions of use and reward winning system on Gamekit.com

Regulations of the website applicable to: 2019-11-01

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