HooligansGame Terms of Use
Hello,
Please find below the terms of use of the website www.hooligansgame.com and the online game HooligansGame which contain information on for example how to open a user account, purchase a virtual currency (tokens) and the general terms and conditions of the HooligansGame game. Mr Dominik Sidowski and Mr Marcin Tomczyk are the creators of the game and administrators of the website and run a business activity in the form of a civil law partnership under the name "Odis spółka cywilna", ul. Łąkowa 7B, 90-562 Łódź, VAT No.: 727-275-74-65. You can contact us at any time by sending an e-mail to biuro@odis.pl. Greetings and enjoy the game, the HooligansGame team
§ 1
Definitions
For the purposes of these Terms of Use, the following terms shall have the meanings assigned to them:
1) User - a natural person who creates a user account on the Website in order to access the Game,
2) Terms of Use- these terms of use can be accessed at the following address https://www.hooligansgame.com/?m=rules,
3) Website- a website operating at the following address https://www.hooligansgame.com/.
4) Consumer - a natural person concluding a contract with the Service Provider which is not directly related to their business or professional activity,
5) Game - an online game in which a large number of players can play with each other in real time in a virtual world operated by the Service Provider,
6) Service Provider - Mr Dominik Sidowski and Mr Marcin Tomczyk running a business activity in the form of a civil law partnership "Odis spółka cywilna", ul. Łąkowa 7B, 90-562 Łódź, VAT No.: 727-275-74-65.
§ 2
Preliminary provisions
1. Through the Website, the Service Provider provides to Users by electronic means a service consisting in enabling the User to:
1) create an account,
2) download the Game installer,
3) purchase a virtual currency (tokens that can be used in the Game to activate additional features).
2. In addition, once the Game is installed on the User's computer and once the User is logged in to the Game, the Service Provider provides the User with a service consisting in providing real-time gameplay with other Users in a virtual world operated by the Service Provider.
3. The Terms of Use define the terms and conditions of using the Website and the Game, as well as the rights and obligations of the Service Provider and Users as a result of using the Game downloaded.
4. In order to use the Service, it is not necessary for a computer or other User's device to meet special technical requirements. The following are sufficient:
1) Internet access,
2) standard operating system,
3) standard web browser.
5. In order to use the Game, it is necessary for the User's computer to meet the following technical requirements.
1) OS: Windows 7 SP1+, macOS 10.12+.
2) Graphics card with DX10 (shader model 4.0) capabilities
6. Through the Website, the Service Provider provides the Users with services by electronic means.
7. The basic service provided electronically to Users is to enable the User to download the Game installer free of charge. The installer can only be downloaded by Users with a user account.
8. The Service Provider provides an electronic service for the Users with a user account, which consists in creating and maintaining an account on the Website. The User logs in to the account using the nickname and the password he/she declared when setting up the account.
9. Creating an account results in an agreement concluded between the User and the Service Provider for the provision of the user account service. The agreement is concluded for an indefinite term and the User may terminate the contract with immediate effect at any time, which shall lead to the deletion of the user account. Deleting a user account is tantamount to removing the account in the Game.
10. If the User chooses to provide his/her e-mail address during the process of creating a user account, the Service Provider also provides the User with an electronic service consisting in sending the User e-mails containing information related to the Game.
11. The services are provided electronically to the User free of charge, while additional features referred to in § 6 of the Terms of Use are provided for a fee.
§ 3
User account
1. You must have a user account to play the Game.
2. The Game is designed for people over 18 years of age. In the case of Users who do not have full legal capacity, they may use the Game upon consent of their legal representative. Persons who create a user account declare that they have read the Terms of Use and meet the conditions specified herein.
3. The Service Provider reserves the right to verify Users who do not have full legal capacity with regard to them obtaining their consent to use the Game from their statutory representative.
4. In order to create an account, the User must select a nickname for himself/herself and enter the password he/she has defined.
5. The Service Provider points out that the password defined by the User should be as strong as possible, i.e. it should consist of at least 8 characters, including letters and numbers.
6. It is forbidden for a User to make available login data to other Users. The User shall be fully liable for providing access to login data.
7. Providing your e-mail address is not mandatory. However, if you provide your e-mail, you will be entitled to receive technical support from the Service Provider, because in order to receive such support, you should report the problem by sending an e-mail to the e-mail address: www@hooligansgame.com from the e-mail address indicated during the registration of the user account. In addition, only Users who have entered their e-mail address during the registration process can make changes to their user account.
8. Users who choose to provide an e-mail address during the process of creating a user account will receive information related to the Game from the Service Provider via e-mail.
9. With the user account, the User has the option of choosing an avatar for himself/herself. The Avatar will be publicly available to other Game Users.
10. The User who uses his/her own image to set up an avatar, also agrees to the publication of this image in the Game, for the term of using it.
11. Both the nickname and the avatar chosen by the User must not be offensive, vulgar, obscene, defamatory or in any other way violate the feelings, beliefs or rights of third parties.
12. If the nickname or the avatar chosen by the User violates the conditions specified in section 11 above, the Service Provider may remove the graphics and block the User's possibility of adding avatars permanently.
13. Each User can have only one user account. It is forbidden to create and use user accounts only for the purpose of providing benefit to another user account, as well as to derive benefits from such activity.
14. The Service Provider advises that it has exclusive rights to the user account created by the User. For the avoidance of doubt, the Legislator emphasizes that both the user account and everything that Users store on it is not their property and remains at the exclusive disposal of the Service Provider.
15. It is forbidden for the User to sell the user account created by the same or any additional features accumulated thereby within the account. The Service Provider is not responsible for any transactions in this respect.
§ 4
Rules of using the Game
1. The User has the right to use the Game only for private and personal purposes. This means that it is forbidden to use the services provided by the Service Provider for commercial purposes or which may infringe the copyrights of the Service Provider.
2. Users are obliged to treat other Users of the Service and the Game with due respect, take care to create a friendly atmosphere and to ensure that each manifestation of interaction is appropriate to the situation.
3. The Service Provider indicates that the following is forbidden, in particular:
1) transmitting by means of the Website and the Game, including in particular by means of a chat available in the Game, any content that is contrary to the law, good manners and violates the rights of other Users,
2) posting or creating in any way through the Website and the Game, also through a chat available on the Website, vulgarisms, pornographic content, content promoting hate or full of hate, xenophobia, violence, discrimination, discriminating on the basis of race, religion, orientation, gender, and glorification of totalitarian systems and criminal organisations,
3) behaviour that would in any way violate the personal interests of other Users, their dignity and moral standards,
4) disseminating the content of incitement to commit an illegal act,
5) statements containing, propagating or with offensive, vulgar, hateful, defamatory, malicious, false, brutal, pornographic, causing anxiety and feeling of threat in others,
6) threaten other Users in any way,
7) intentionally interfere with the normal operation of the Website and the Game or disrupt other Users’ access to the Website and the Game,
8) transmit and distribute viruses, Trojan horses, bugs, damaged files or similar software that could interfere with the functioning of the Website and the Game or cause damage to Users.
4. Users of the Game are able to communicate with each other via private messages. The Service Provider has introduced an option that will allow the User to add another User to the so-called black list. Thanks to this, such a User will no longer be able to send messages to the User on whose black the former is on.
5. Users can add any number of Users to the blacklist for any reason.
6. The User may add their own graphics to the Game, but their content must be legal and comply with the rules described in this paragraph. 7. If the User adds an image or content which will be contrary to the rules specified in this paragraph, the Service Provider may remove the image and content in question, as well as prevent the User who violated the rules of the regulations from adding images or content. The Service Provider reserves the right to apply the indicated sanctions without the need to call on the User to stop acting contrary to the Terms of Use.
8. The Service Provider is not obliged to control the content published by Users as well as to control the use of the Game, however, the Service Provider reserves the right to perform such control and to punish Users who do not comply with the the Terns of Use, without prior notice.
9. The penalty referred to in section 8 above consists in the fact that the Service Provider has the possibility of blocking the account of the User violating the rules for 30 days, and as a result this User will be deprived of the possibility of using the Website and the Game.
10. If the User uses the chat available in the Game in a manner contrary to the provisions of the Terms of Use, the Service Provider has the right to block the User's access to the chat for a period of 30 days. If the User once again violates the rules of using the chat, the Service Provider has the possibility to block the User's access to the chat for an indefinite term.
11. The User, to whom the penalty described in section 9 above has been applied, will be deprived permanently of the possibility to use the Service, if once again he or she violates the rules specified in the Terms of Use. In relation to such a User, the Service Provider may terminate the agreement for the provision of electronic services with immediate effect.
12. Any User who notices that the provisions of the Terms of Use are not observed should report any violations found by sending an e-mail to the following address www@hooligansgame.com. In the body of the message the following should be specified:
1) the date on which the infringement took place,
2) nickname or other details of the person who committed the violation,
3) describe the infringement, stating the reasons for which the conduct in question is regarded as not complying with the provisions of the Terms of Use,
4) evidence supporting the infringement, e.g. screen shots.
13. The Service Provider reserves the right to respond to reported violations in such a way that it feels is appropriate and sufficient in a specific situation.
§ 5
Game individualization
1. Users may send the Service Provider their own textures which the Service Provider may place in the Game. For the avoidance of doubt, the Service Provider notes that it is free to decide whether to post textures in the Game, and thus not every texture submitted by the User will be placed in the Game.
2. Upon submitting a texture created by the User to the Service Provider, the User grants
the Service Provider a license to use the texture under the provisions specified in § 7 of the Terms of Use.
3. These textures will be available to all Game Users as part of the additional features referred to in § 6 of the Terms of Use. On the other hand, the User who created the texture will receive it from the Service Provider without an additional fee.
4. The Service Provider provides a module called HGG cup in the Game. The team that wins in this module will receive a special prize from the Service Provider.
5. The prize referred to in section 4 above shall consist in the creation by the Service Provider, on the basis of patterns provided to the same by the winning team, of a character to be included in the Game.
6. The character will be created with the use of skills and technical capabilities of the Service Provider, and while creating the character, the Service Provider will have in particular in mind that the final form of the character will be consistent with the aesthetics of the Game and will be harmonious with its nature.
7. The winning team shall grant the Service Provider a non-exclusive licence to use the designs in accordance with the rules described in § 7 of the Terms of Use.
§ 6
Additional features
1. The Service Provider provides free access to the Game to Users with a user account.
2. During a gameplay, the User has the possibility to use additional features, which are available for a fee.
3. Each additional feature is adequately described and the description also indicates its value.
4. The value of the additional features is expressed by means of a virtual currency called “token”.
5. In order to activate an additional feature, the User is obliged to take the following steps:
1) select an additional feature that interests him/her and check what is its value,
2) accumulate an appropriate number of tokens on his/her account by purchasing them through the Website,
3) approve the activation of an additional feature, which will involve the automatic replacement of a specified number of tokens with a selected additional feature.
6. It is possible to purchase tokens with packages. The packages available, number of tokens in a package and their prices are presented at the order placement stage.
7. The methods of payment for tokens available to the User depend on the country of residence and are presented to the User at the stage of placing an order.
8. After successful payment for tokens, the number of tokens corresponding to the package purchased by the User will be reflected in the User's account. In case of payment problems, the User can make a complaint directly from the payment panel using the posted form or send a complaint to the following address biuro@odis.pl. specifying the date and time of the transaction, payment method, game nickname and any other information that may help to resolve the issue. The complaint response time depends on the information provided to the Service Provider by the payment operator, but should not exceed 30 days.
9. The Service Provider may issue a VAT invoice for the User, for this purpose the User should notify the Service Provider by using the online payment form available in the online payment panel. The User should indicate in the form the he/she wants to receive an invoice and provide information necessary to issue the same.
§ 7
Intellectual property rights
1. All text, graphics, sound, Game characters, objects, effects, places, designs, animations, concepts and any other elements available within the services provided by the Service Provider and all intellectual property rights related thereto belong to the Service Provider.
2. The Service Provider enables Users to create content in the Game by providing Users with components and tools specified in section 1 above, which can be selected by the User on his/her own. Thus, the User can influence, among other things, the appearance of his/her character, as well as some of the effects occurring in the Game.
3. Upon creating all the content and providing the Service Provider with textures referred to in § 5.1 of the Terms of Use and models referred to in § 5.5 of the Terms of Use, the User grants the Service Provider a non-exclusive license to use the content, textures and models created by the User in the following fields of exploitation:
1) copying the same in any available manner and in any available form and by any means available or yet unknown,
2) merging the same with all services of the Service Provider,
3) uploading, downloading, displaying, transferring and storing the same in any form in any way, anywhere and on any medium,
4) modifying and translating, developing, digitising, encoding in any way, and disseminating the results of the previously identified activities,
5) reproducing the same in any way, in any form and on any medium,
6) presenting and broadcasting the same in all places accessible to the public as well as in private places by any means and in any way and by any means available at any given time,
7) making the same available to the public without restriction, in particular through transfer, licence and any other agreement,
8) using the same with other products and services of the Service Provider.
4. The license is granted for the duration of the Game and is territorially unlimited.
§ 8
Liability
1. The Service Provider provides 24/7 access to the Website and the Game, but reserves the right to apply short breaks in access for technical reasons. However, the Service Provider shall make every effort to ensure that the technical interruptions last as short as possible and take place at night.
2. The Service Provider provides support necessary for the proper functioning of the Website and the Game. Breakdowns and faults hindering or preventing the use of the Website and the Game may be reported by a report sent to the specified e-mail address www@hooligansgame.com. with the proviso that such notification can only be made by Users who have indicated an e-mail address, at the stage of the process of creating a user account.
3. The Service Provider will respond to the report no later than within one working day and will take the necessary actions to resolve the problem.
4. The Service Provider shall not be liable to the User for non-performance or improper performance of the service for reasons resulting from:
1) interruptions in the provision of services or unavailability of the Website and the Game, which will be independent of the Service Provider or as a result of events which the Service Provider could not foresee,
2) incorrect functioning of the Website and the Game independent of the Service Provider, in particular as a result of issues attributable to telecommunications operators, suppliers of telecommunications lines and electricity,
3) access to accounts operating within the Website and the Game by unauthorized persons, which may result from the loss of the User's data required to log into the User's account,
4) the dangers associated with the use of the network: hacking attacks, viruses infecting the system or similar events,
5) the User's actions and omissions, including but not limited to his/her use of the Website and the Game in a manner inconsistent with the applicable law, contract or custom,
6) force majeure.
5. The Service Provider shall be in no way responsible for any profits lost by the User.
6. All and any complaints related to the Website and the Game may be submitted by the Users through
an e-mail to the following address biuro@odis.pl The Service Provider will respond to the complaint within 14 days of receipt. This does not apply to complaints concerning payments, the procedure of which is described in § 6.8 of the Terms of Use.
§ 9
Consumer's withdrawal from the contract
1. A consumer who has concluded a distance contract with the Service Provider has the right to withdraw from the contract without giving a reason within 14 days from the date of conclusion of the contract, however, this right shall not apply to contracts for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of performance that after the Seller's performance of the service will lose the right to withdraw from the contract.
2. A service shall be deemed to have been performed in full when the number of tokens corresponding to the package purchased by the User is displayed in the User's account.
§ 10
Personal data and cookies
1. As a rule, the Service Provider does not collect data allowing for identification of the User, except for cases where the User provided such data to him or her either through e-mail, in the procedure of creating the User's account, or in purchasing tokens. If the data is transferred, the Service Provider will be the administrator of the data.
2. The User's Data is processed in order to service the User's account and possible communication with the User who provided the Service Provider with his/her e-mail address, as well as in order to enable the User to purchase tokens.
3. Details concerning the processing of personal data and the use of cookies can be found in the privacy policy available at the following address https://www.hooligansgame.com/?m=privacv.
§ 11
Out-of-court complaint handling and redress procedures
1. The service provider agrees to submit any disputes arising in connection with the service provided to mediation proceedings. Details will be determined by the parties to a conflict.
2. The Consumer has the possibility to use out-of-court complaint and redress procedures. Among other things, the Consumer has the opportunity:
7
1) to address a permanent consumer arbitration court with a request to settle a dispute arising from the concluded contract,
2) to apply to the provincial inspector of the Trade Inspectorate for the initiation of mediation proceedings in the case of an amicable settlement of a dispute between the User and the Service Provider,
3) to use the assistance of a district (municipal) consumer rights advocate or a social organization, whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court complaint and redress procedures, the Consumer may visit the following website https://polubowne.uokik.gov.pl.
4. The Consumer may also use the ODR platform, which is available at the following address http://ec.europa.eu/consumers/odr. The platform shall be used to resolve disputes between consumers and traders seeking ab out-of-court settlement of a dispute concerning contractual obligations arising out of an online sales or service contract.
§ 12
Final provisions
1. The Service Provider reserves the right to make changes to the Terms of Use.
2. The Terms of Use with the introduced changes will be made available to the Users during the process of logging in to the User's account. If the User does not agree with the amended Terms of Use, the User may discontinue using the Game and terminate the agreement for the provision of electronic services without incurring any costs in this respect. Failure to accept the amended Terms of Use will deprive the User of the possibility to log in to the User's account, which is tantamount to depriving the User of the possibility to access the Game.
3. These Terms of Use shall be effective as of 27.03.2019
4. All previous versions of the Terms of Use are available for download in a .pdf format - links can be found below the Terms of Use.
Please find below the terms of use of the website www.hooligansgame.com and the online game HooligansGame which contain information on for example how to open a user account, purchase a virtual currency (tokens) and the general terms and conditions of the HooligansGame game. Mr Dominik Sidowski and Mr Marcin Tomczyk are the creators of the game and administrators of the website and run a business activity in the form of a civil law partnership under the name "Odis spółka cywilna", ul. Łąkowa 7B, 90-562 Łódź, VAT No.: 727-275-74-65. You can contact us at any time by sending an e-mail to biuro@odis.pl. Greetings and enjoy the game, the HooligansGame team
§ 1
Definitions
For the purposes of these Terms of Use, the following terms shall have the meanings assigned to them:
1) User - a natural person who creates a user account on the Website in order to access the Game,
2) Terms of Use- these terms of use can be accessed at the following address https://www.hooligansgame.com/?m=rules,
3) Website- a website operating at the following address https://www.hooligansgame.com/.
4) Consumer - a natural person concluding a contract with the Service Provider which is not directly related to their business or professional activity,
5) Game - an online game in which a large number of players can play with each other in real time in a virtual world operated by the Service Provider,
6) Service Provider - Mr Dominik Sidowski and Mr Marcin Tomczyk running a business activity in the form of a civil law partnership "Odis spółka cywilna", ul. Łąkowa 7B, 90-562 Łódź, VAT No.: 727-275-74-65.
§ 2
Preliminary provisions
1. Through the Website, the Service Provider provides to Users by electronic means a service consisting in enabling the User to:
1) create an account,
2) download the Game installer,
3) purchase a virtual currency (tokens that can be used in the Game to activate additional features).
2. In addition, once the Game is installed on the User's computer and once the User is logged in to the Game, the Service Provider provides the User with a service consisting in providing real-time gameplay with other Users in a virtual world operated by the Service Provider.
3. The Terms of Use define the terms and conditions of using the Website and the Game, as well as the rights and obligations of the Service Provider and Users as a result of using the Game downloaded.
4. In order to use the Service, it is not necessary for a computer or other User's device to meet special technical requirements. The following are sufficient:
1) Internet access,
2) standard operating system,
3) standard web browser.
5. In order to use the Game, it is necessary for the User's computer to meet the following technical requirements.
1) OS: Windows 7 SP1+, macOS 10.12+.
2) Graphics card with DX10 (shader model 4.0) capabilities
6. Through the Website, the Service Provider provides the Users with services by electronic means.
7. The basic service provided electronically to Users is to enable the User to download the Game installer free of charge. The installer can only be downloaded by Users with a user account.
8. The Service Provider provides an electronic service for the Users with a user account, which consists in creating and maintaining an account on the Website. The User logs in to the account using the nickname and the password he/she declared when setting up the account.
9. Creating an account results in an agreement concluded between the User and the Service Provider for the provision of the user account service. The agreement is concluded for an indefinite term and the User may terminate the contract with immediate effect at any time, which shall lead to the deletion of the user account. Deleting a user account is tantamount to removing the account in the Game.
10. If the User chooses to provide his/her e-mail address during the process of creating a user account, the Service Provider also provides the User with an electronic service consisting in sending the User e-mails containing information related to the Game.
11. The services are provided electronically to the User free of charge, while additional features referred to in § 6 of the Terms of Use are provided for a fee.
§ 3
User account
1. You must have a user account to play the Game.
2. The Game is designed for people over 18 years of age. In the case of Users who do not have full legal capacity, they may use the Game upon consent of their legal representative. Persons who create a user account declare that they have read the Terms of Use and meet the conditions specified herein.
3. The Service Provider reserves the right to verify Users who do not have full legal capacity with regard to them obtaining their consent to use the Game from their statutory representative.
4. In order to create an account, the User must select a nickname for himself/herself and enter the password he/she has defined.
5. The Service Provider points out that the password defined by the User should be as strong as possible, i.e. it should consist of at least 8 characters, including letters and numbers.
6. It is forbidden for a User to make available login data to other Users. The User shall be fully liable for providing access to login data.
7. Providing your e-mail address is not mandatory. However, if you provide your e-mail, you will be entitled to receive technical support from the Service Provider, because in order to receive such support, you should report the problem by sending an e-mail to the e-mail address: www@hooligansgame.com from the e-mail address indicated during the registration of the user account. In addition, only Users who have entered their e-mail address during the registration process can make changes to their user account.
8. Users who choose to provide an e-mail address during the process of creating a user account will receive information related to the Game from the Service Provider via e-mail.
9. With the user account, the User has the option of choosing an avatar for himself/herself. The Avatar will be publicly available to other Game Users.
10. The User who uses his/her own image to set up an avatar, also agrees to the publication of this image in the Game, for the term of using it.
11. Both the nickname and the avatar chosen by the User must not be offensive, vulgar, obscene, defamatory or in any other way violate the feelings, beliefs or rights of third parties.
12. If the nickname or the avatar chosen by the User violates the conditions specified in section 11 above, the Service Provider may remove the graphics and block the User's possibility of adding avatars permanently.
13. Each User can have only one user account. It is forbidden to create and use user accounts only for the purpose of providing benefit to another user account, as well as to derive benefits from such activity.
14. The Service Provider advises that it has exclusive rights to the user account created by the User. For the avoidance of doubt, the Legislator emphasizes that both the user account and everything that Users store on it is not their property and remains at the exclusive disposal of the Service Provider.
15. It is forbidden for the User to sell the user account created by the same or any additional features accumulated thereby within the account. The Service Provider is not responsible for any transactions in this respect.
§ 4
Rules of using the Game
1. The User has the right to use the Game only for private and personal purposes. This means that it is forbidden to use the services provided by the Service Provider for commercial purposes or which may infringe the copyrights of the Service Provider.
2. Users are obliged to treat other Users of the Service and the Game with due respect, take care to create a friendly atmosphere and to ensure that each manifestation of interaction is appropriate to the situation.
3. The Service Provider indicates that the following is forbidden, in particular:
1) transmitting by means of the Website and the Game, including in particular by means of a chat available in the Game, any content that is contrary to the law, good manners and violates the rights of other Users,
2) posting or creating in any way through the Website and the Game, also through a chat available on the Website, vulgarisms, pornographic content, content promoting hate or full of hate, xenophobia, violence, discrimination, discriminating on the basis of race, religion, orientation, gender, and glorification of totalitarian systems and criminal organisations,
3) behaviour that would in any way violate the personal interests of other Users, their dignity and moral standards,
4) disseminating the content of incitement to commit an illegal act,
5) statements containing, propagating or with offensive, vulgar, hateful, defamatory, malicious, false, brutal, pornographic, causing anxiety and feeling of threat in others,
6) threaten other Users in any way,
7) intentionally interfere with the normal operation of the Website and the Game or disrupt other Users’ access to the Website and the Game,
8) transmit and distribute viruses, Trojan horses, bugs, damaged files or similar software that could interfere with the functioning of the Website and the Game or cause damage to Users.
4. Users of the Game are able to communicate with each other via private messages. The Service Provider has introduced an option that will allow the User to add another User to the so-called black list. Thanks to this, such a User will no longer be able to send messages to the User on whose black the former is on.
5. Users can add any number of Users to the blacklist for any reason.
6. The User may add their own graphics to the Game, but their content must be legal and comply with the rules described in this paragraph. 7. If the User adds an image or content which will be contrary to the rules specified in this paragraph, the Service Provider may remove the image and content in question, as well as prevent the User who violated the rules of the regulations from adding images or content. The Service Provider reserves the right to apply the indicated sanctions without the need to call on the User to stop acting contrary to the Terms of Use.
8. The Service Provider is not obliged to control the content published by Users as well as to control the use of the Game, however, the Service Provider reserves the right to perform such control and to punish Users who do not comply with the the Terns of Use, without prior notice.
9. The penalty referred to in section 8 above consists in the fact that the Service Provider has the possibility of blocking the account of the User violating the rules for 30 days, and as a result this User will be deprived of the possibility of using the Website and the Game.
10. If the User uses the chat available in the Game in a manner contrary to the provisions of the Terms of Use, the Service Provider has the right to block the User's access to the chat for a period of 30 days. If the User once again violates the rules of using the chat, the Service Provider has the possibility to block the User's access to the chat for an indefinite term.
11. The User, to whom the penalty described in section 9 above has been applied, will be deprived permanently of the possibility to use the Service, if once again he or she violates the rules specified in the Terms of Use. In relation to such a User, the Service Provider may terminate the agreement for the provision of electronic services with immediate effect.
12. Any User who notices that the provisions of the Terms of Use are not observed should report any violations found by sending an e-mail to the following address www@hooligansgame.com. In the body of the message the following should be specified:
1) the date on which the infringement took place,
2) nickname or other details of the person who committed the violation,
3) describe the infringement, stating the reasons for which the conduct in question is regarded as not complying with the provisions of the Terms of Use,
4) evidence supporting the infringement, e.g. screen shots.
13. The Service Provider reserves the right to respond to reported violations in such a way that it feels is appropriate and sufficient in a specific situation.
§ 5
Game individualization
1. Users may send the Service Provider their own textures which the Service Provider may place in the Game. For the avoidance of doubt, the Service Provider notes that it is free to decide whether to post textures in the Game, and thus not every texture submitted by the User will be placed in the Game.
2. Upon submitting a texture created by the User to the Service Provider, the User grants
the Service Provider a license to use the texture under the provisions specified in § 7 of the Terms of Use.
3. These textures will be available to all Game Users as part of the additional features referred to in § 6 of the Terms of Use. On the other hand, the User who created the texture will receive it from the Service Provider without an additional fee.
4. The Service Provider provides a module called HGG cup in the Game. The team that wins in this module will receive a special prize from the Service Provider.
5. The prize referred to in section 4 above shall consist in the creation by the Service Provider, on the basis of patterns provided to the same by the winning team, of a character to be included in the Game.
6. The character will be created with the use of skills and technical capabilities of the Service Provider, and while creating the character, the Service Provider will have in particular in mind that the final form of the character will be consistent with the aesthetics of the Game and will be harmonious with its nature.
7. The winning team shall grant the Service Provider a non-exclusive licence to use the designs in accordance with the rules described in § 7 of the Terms of Use.
§ 6
Additional features
1. The Service Provider provides free access to the Game to Users with a user account.
2. During a gameplay, the User has the possibility to use additional features, which are available for a fee.
3. Each additional feature is adequately described and the description also indicates its value.
4. The value of the additional features is expressed by means of a virtual currency called “token”.
5. In order to activate an additional feature, the User is obliged to take the following steps:
1) select an additional feature that interests him/her and check what is its value,
2) accumulate an appropriate number of tokens on his/her account by purchasing them through the Website,
3) approve the activation of an additional feature, which will involve the automatic replacement of a specified number of tokens with a selected additional feature.
6. It is possible to purchase tokens with packages. The packages available, number of tokens in a package and their prices are presented at the order placement stage.
7. The methods of payment for tokens available to the User depend on the country of residence and are presented to the User at the stage of placing an order.
8. After successful payment for tokens, the number of tokens corresponding to the package purchased by the User will be reflected in the User's account. In case of payment problems, the User can make a complaint directly from the payment panel using the posted form or send a complaint to the following address biuro@odis.pl. specifying the date and time of the transaction, payment method, game nickname and any other information that may help to resolve the issue. The complaint response time depends on the information provided to the Service Provider by the payment operator, but should not exceed 30 days.
9. The Service Provider may issue a VAT invoice for the User, for this purpose the User should notify the Service Provider by using the online payment form available in the online payment panel. The User should indicate in the form the he/she wants to receive an invoice and provide information necessary to issue the same.
§ 7
Intellectual property rights
1. All text, graphics, sound, Game characters, objects, effects, places, designs, animations, concepts and any other elements available within the services provided by the Service Provider and all intellectual property rights related thereto belong to the Service Provider.
2. The Service Provider enables Users to create content in the Game by providing Users with components and tools specified in section 1 above, which can be selected by the User on his/her own. Thus, the User can influence, among other things, the appearance of his/her character, as well as some of the effects occurring in the Game.
3. Upon creating all the content and providing the Service Provider with textures referred to in § 5.1 of the Terms of Use and models referred to in § 5.5 of the Terms of Use, the User grants the Service Provider a non-exclusive license to use the content, textures and models created by the User in the following fields of exploitation:
1) copying the same in any available manner and in any available form and by any means available or yet unknown,
2) merging the same with all services of the Service Provider,
3) uploading, downloading, displaying, transferring and storing the same in any form in any way, anywhere and on any medium,
4) modifying and translating, developing, digitising, encoding in any way, and disseminating the results of the previously identified activities,
5) reproducing the same in any way, in any form and on any medium,
6) presenting and broadcasting the same in all places accessible to the public as well as in private places by any means and in any way and by any means available at any given time,
7) making the same available to the public without restriction, in particular through transfer, licence and any other agreement,
8) using the same with other products and services of the Service Provider.
4. The license is granted for the duration of the Game and is territorially unlimited.
§ 8
Liability
1. The Service Provider provides 24/7 access to the Website and the Game, but reserves the right to apply short breaks in access for technical reasons. However, the Service Provider shall make every effort to ensure that the technical interruptions last as short as possible and take place at night.
2. The Service Provider provides support necessary for the proper functioning of the Website and the Game. Breakdowns and faults hindering or preventing the use of the Website and the Game may be reported by a report sent to the specified e-mail address www@hooligansgame.com. with the proviso that such notification can only be made by Users who have indicated an e-mail address, at the stage of the process of creating a user account.
3. The Service Provider will respond to the report no later than within one working day and will take the necessary actions to resolve the problem.
4. The Service Provider shall not be liable to the User for non-performance or improper performance of the service for reasons resulting from:
1) interruptions in the provision of services or unavailability of the Website and the Game, which will be independent of the Service Provider or as a result of events which the Service Provider could not foresee,
2) incorrect functioning of the Website and the Game independent of the Service Provider, in particular as a result of issues attributable to telecommunications operators, suppliers of telecommunications lines and electricity,
3) access to accounts operating within the Website and the Game by unauthorized persons, which may result from the loss of the User's data required to log into the User's account,
4) the dangers associated with the use of the network: hacking attacks, viruses infecting the system or similar events,
5) the User's actions and omissions, including but not limited to his/her use of the Website and the Game in a manner inconsistent with the applicable law, contract or custom,
6) force majeure.
5. The Service Provider shall be in no way responsible for any profits lost by the User.
6. All and any complaints related to the Website and the Game may be submitted by the Users through
an e-mail to the following address biuro@odis.pl The Service Provider will respond to the complaint within 14 days of receipt. This does not apply to complaints concerning payments, the procedure of which is described in § 6.8 of the Terms of Use.
§ 9
Consumer's withdrawal from the contract
1. A consumer who has concluded a distance contract with the Service Provider has the right to withdraw from the contract without giving a reason within 14 days from the date of conclusion of the contract, however, this right shall not apply to contracts for the provision of services if the Seller has fully performed the service with the express consent of the Consumer, who was informed before the commencement of performance that after the Seller's performance of the service will lose the right to withdraw from the contract.
2. A service shall be deemed to have been performed in full when the number of tokens corresponding to the package purchased by the User is displayed in the User's account.
§ 10
Personal data and cookies
1. As a rule, the Service Provider does not collect data allowing for identification of the User, except for cases where the User provided such data to him or her either through e-mail, in the procedure of creating the User's account, or in purchasing tokens. If the data is transferred, the Service Provider will be the administrator of the data.
2. The User's Data is processed in order to service the User's account and possible communication with the User who provided the Service Provider with his/her e-mail address, as well as in order to enable the User to purchase tokens.
3. Details concerning the processing of personal data and the use of cookies can be found in the privacy policy available at the following address https://www.hooligansgame.com/?m=privacv.
§ 11
Out-of-court complaint handling and redress procedures
1. The service provider agrees to submit any disputes arising in connection with the service provided to mediation proceedings. Details will be determined by the parties to a conflict.
2. The Consumer has the possibility to use out-of-court complaint and redress procedures. Among other things, the Consumer has the opportunity:
7
1) to address a permanent consumer arbitration court with a request to settle a dispute arising from the concluded contract,
2) to apply to the provincial inspector of the Trade Inspectorate for the initiation of mediation proceedings in the case of an amicable settlement of a dispute between the User and the Service Provider,
3) to use the assistance of a district (municipal) consumer rights advocate or a social organization, whose statutory tasks include consumer protection.
3. For more detailed information on out-of-court complaint and redress procedures, the Consumer may visit the following website https://polubowne.uokik.gov.pl.
4. The Consumer may also use the ODR platform, which is available at the following address http://ec.europa.eu/consumers/odr. The platform shall be used to resolve disputes between consumers and traders seeking ab out-of-court settlement of a dispute concerning contractual obligations arising out of an online sales or service contract.
§ 12
Final provisions
1. The Service Provider reserves the right to make changes to the Terms of Use.
2. The Terms of Use with the introduced changes will be made available to the Users during the process of logging in to the User's account. If the User does not agree with the amended Terms of Use, the User may discontinue using the Game and terminate the agreement for the provision of electronic services without incurring any costs in this respect. Failure to accept the amended Terms of Use will deprive the User of the possibility to log in to the User's account, which is tantamount to depriving the User of the possibility to access the Game.
3. These Terms of Use shall be effective as of 27.03.2019
4. All previous versions of the Terms of Use are available for download in a .pdf format - links can be found below the Terms of Use.
