TERMS AND CONDITIONS
AOKOTORIGAMES.COM
The User is obliged to read the Terms and Conditions and the Privacy Policy and Licenses in detail. In case of any doubts, the User should contact the Service Provider before accepting a given document.
By accepting the Terms and Conditions, Privacy Policy and Licenses, the User declares that their provisions are fully understandable and undertakes to comply with them and is aware of the consequences of their violation.
§1
Definitions
Service Provider – Daniel Pawelski, email: contact@aokotorigames.com
Website – means a website run under the domain https://www.aokotorigames.com, through which Users will be able to use the services provided by the Service Provider or entities cooperating with it.
Services – services provided electronically as part of the Website by the Service Provider for Users.
Forum – means a public forum run by the Service Provider under the domain https://forum.aokotorigames.com
User – any entity using the Website.
Consumer – a natural person using the Website without any connection to their business or professional activity.
Entrepreneur – a natural person who purchases Services on the Website in connection with his business or professional activity, as well as legal persons or organizational units without legal personality who purchase Services on the Website.
Agreement – an agreement for the provision of Services concluded on the terms described in the Terms and Conditions.
Non-Commercial License Agreement – an agreement whose content is available at https://www.aokotorigames.com/license and the conclusion of which is a prerequisite for the legal use of software created by the Service Provider for non-commercial purposes.
Commercial License Agreement – an agreement whose content is available at https://www.aokotorigames.com/license-commercial and the conclusion of which is a prerequisite for the legal use of software created by the Service Provider for commercial purposes.
Licenses – Commercial License Agreement and Non-Commercial License Agreement
Terms and Conditions – means these regulations, the purpose of which is to regulate the rights and obligations of the Service Provider and the User in connection with the use of the Website; The Regulations are available at: https://www.aokotorigames.com/terms-and-conditions
Privacy Policy – the privacy policy applicable on the Website, which is available at https://www.aokotorigames.com/privacy
Act on Copyright and Related Rights – Act of February 4, 1994 on Copyright and Related Rights (Journal of Laws 2022.2509, i.e. as amended).
Works – works and derivative works, as well as artistic performances, phonograms and videograms within the meaning of the Act on Copyright and Related Rights.
§2
Basic terms and conditions of using the Website
In order to use the Website fully and in accordance with applicable law, it is necessary to accept the Terms and Conditions.
In order to use the Website, it is necessary to possess a device with internet access equipped with up-to-date software and an up-to-date web browser supporting HTML5, CSS3, Javascript and Cookies.
If the Service Provider provides downloadable files in the ".pdf" format, the User, wanting to read the content of the file, should possess an up-to-date program capable of reading these files, such as Adobe Acrobat Reader.
Full use of the Website requires having an active email account, in particular if the User wants to receive answers to questions sent to the Service Provider via the contact form.
The Service Provider is not liable for mail server administrators blocking sending messages to the e-mail address indicated by the User and for deleting and blocking emails by software installed on the computer used by the User.
Using the Website may involve typical risks related to the use of the Internet, therefore the Service Provider recommends that Users take appropriate actions to minimize them. In particular, it is recommended that the Users use antivirus programs recommended for a given type of software.
The costs related to meeting the technical requirements necessary to use the Website as well as the costs of internet connection are charged to the User.
The Service Provider is not liable for any irregularities in the functioning of the Website resulting from the User's failure to meet the technical requirements specified in the Terms and Conditions.
The administrator of personal data processed in connection with the implementation of the provisions of the Terms and Conditions is the Service Provider. Personal data is processed for the purposes, in the scope and based on the principles indicated in the Privacy Policy.
It is forbidden for the User to use the Website in a way that violates the law, decency or legitimate interests of the Service Provider and other Users and third parties.
The User is obliged to comply with generally applicable laws and to respect the personal rights and intellectual property rights of the Service Provider, employees and associates of the Service Provider, business partners of the Service Provider, other Users and third parties. The User may not post on the Website, Forum or direct correspondence addressed to the Service Provider, its employees, associates, business partners, other Users or third parties materials or content that will violate the law, personal or property rights of the above-mentioned persons or rights on intangible property of the above-mentioned persons.
The User is obliged to use the Website in accordance with its intended purpose and to refrain from any activity that could interfere with the proper functioning of the Website. In particular, the following will be considered as such activity:
posting or disseminating content containing any viruses, malware, worms, Trojan horses, harmful code, or other means that may damage the Website or the technical infrastructure within which the Website operates;
automated use of the Website, which may lead, for example, to excessive load on the Website;
attempts to access parts of the Website that are not made publicly available;
preventing or hindering the use of the Website by the Service Provider or other Users;
posting content for which the Service Provider has not expressly consented to posting, in particular posting advertisements or offers not approved by the Service Provider.
The Service Provider takes actions to ensure the proper functioning of the Website on an ongoing basis. In the event of errors in its functioning or technical problems in using the Website, the User should immediately inform the Service Provider about this fact using the contact tools available on the Website or via email, sending a message to the following e-mail address: contact@aokotorigames.com. The Service Provider will take actions aimed at restoring the proper functioning of the Website.
The Service Provider reserves the right to disable access to the Website in order to check, maintain, update or repair it. The Service Provider will inform about the disabling of access to the Website by means of an appropriate message on the Website, unless it is impossible to add such information for technical reasons. Users will not be entitled to any compensation claims related to the fact that the Website will be temporarily unavailable.
The Service Provider reserves the right to provide commercial information regarding the activities of the Service Provider or its business partners via the Website.
Copyrights to the layout of the Website, logos, graphics and content, files and other materials posted on the Website and in messages sent to Users by the Service Provider or entities acting on its behalf or with its consent, as well as to the arrangement and composition of these elements, are vested in Service Provider or its business partners.
The User is not entitled without the express consent of the Service Provider expressed in writing (under rigor of nullity) to copy, distribute, reproduce, translate, adapt or modify any elements of the Website to which the rights are vested in the Service Provider or its business partners.
Subject to §2 sec. 19 - The User is not entitled without the express consent of the Service Provider expressed in writing (under pain of nullity) to copy, modify or develop technical, technological and organizational solutions that are made available as part of the Website.
The User may use the Service Provider's software available for download as part of the Website in accordance with the Licenses.
The User bears all responsibility for infringement of proprietary copyrights and other intangible assets vested in the Service Provider or its business partners and other Users and third parties.
When providing the Service Provider with information, the User is obliged to do so in a reliable and complete manner. The Service Provider is not liable for damages caused by the User providing the Service Provider with incomplete, outdated, unreliable, untrue or unverified information or materials.
By sharing or publishing the Work in a message addressed to the Service Provider, the User declares that they have all rights to this Work and that it does not infringe the rights of third parties and the Service Provider in any respect. By sharing or publishing the Work, the User grants the Service Provider a free, non-exclusive and territorially unlimited license for an indefinite period of time, allowing the use of the Work for the purposes of conducting and developing the business by the Service Provider. The Service Provider will be entitled to grant sub-licences.
The Service Provider shall not be liable for:
interruptions in the proper functioning of the Website and improper performance of Services or Agreements caused by force majeure or other factors beyond the Service Provider's control,
damage caused by actions or omissions of persons for whom the Service Provider is not liable at the time of causing the damage,
consequences of using the User's data by third parties, if they gained access to the data as a result of actions or omissions of the User, their employees, associates or persons who acted with their consent or knowledge,
damages caused by the violation of the provisions of the Regulations and/or the License by the User, their employees, associates or persons who acted with their consent or knowledge,
benefits lost by Entrepreneurs,
the consequences of incorrect use of the Service by the User.
The Service Provider's liability towards Entrepreneurs is limited to situations where the damage was caused by intentional fault or gross negligence of the Service Provider.
The entrepreneur is liable on a risk basis for the actions and omissions of themselves, their employees and associates. In particular, the Entrepreneur bears such liability in the event of causing any damage to the Service Provider, the Service Provider's business partners, other Users or third parties in connection with the use of the Website or the software created by the Service Provider.
If links to websites belonging to the Service Provider's business partners or third parties are made available on the Website or in messages addressed to Users - the Service Provider is not liable for the content and materials contained therein and their availability. The User should read the terms and conditions and privacy policies available on websites other than the Website.
§3
Services
The information published as part of the Website by the Service Provider or its business partners does not constitute an offer addressed to Users, but only an invitation to submit offers.
The website offers the following Services:
the ability to view publicly available information posted on the Website - for all Users,
the ability to use the contact tool for communication with the Service Provider - for all Users,
the ability to download software created by the Service Provider.
The scope of the Services may change. Information about modifications will be published on the Website, if possible.
The Service Provider shall not be liable for the User's improper use of the Services.
The agreement for the service related to browsing information posted on the Website is free of charge and is concluded for the period from the moment the User enters the Website until the moment the User leaves the Website.
The information posted by the Service Provider is only of a general nature and in no case can be treated as advice or analysis based on which specific actions can be taken uncritically.
The Service Provider is not liable for information posted by its business partners and Users. In the event that there is any doubt as to the veracity or reliability of such information, the User should immediately inform the Service Provider about it using the contact tool available on the Website or via email by sending a message to the following e-mail address: contact@aokotorigames.com
The agreement for the service related to the use of the contact tool with the Service Provider is free of charge and is concluded from the moment of starting to use the appropriate contact form until the moment of abandoning this activity or sending a message to the Service Provider.
The agreement for the service related to downloading the software created by the Service Provider is governed by the Commercial License Agreement or the Non-Commercial License Agreement - depending on whether the User wants to use the software for commercial or non-commercial purposes.
§4
Withdrawal from the agreement
The User who is a Consumer has the right to withdraw from the Agreement without giving a reason within 14 days of its conclusion. In the case of Users who are Entrepreneurs, the right to withdraw from the Agreement is granted only if there is a legal basis in a mandatory provision (ius cogens) and also provided that the Service Provider has been previously requested to act or omit, which authorizes the withdrawal, and that 30 working days have been set for complying with the call. Only after the expiry of the deadline from the previous sentence, the Entrepreneur may withdraw from the Agreement, but for the withdrawal to be effective and valid, it must be submitted in writing and must indicate a specific legal basis and justification.
In order to withdraw from the Agreement, the Consumer should contact the Service Provider and express their willingness to withdraw from the Agreement, e.g. via e-mail.
In the event of the Consumer's effective withdrawal from the Agreement, it is considered void.
In the event of withdrawal from the Agreement by the Entrepreneur, the withdrawal will have ex nunc effects, i.e. for the future.
In the event of effective withdrawal from the Agreement by the Consumer, the Service Provider is obliged to return to this User all received payments, if any.
In the event of effective withdrawal from the Agreement by the Entrepreneur, the Service Provider will prepare a report within 30 business days containing information on any mutual claims of the parties.
In the event of effective withdrawal from the Agreement by the Consumer, the Service Provider shall return the payment within 14 days from the date of receiving the Consumer's declaration of withdrawal from the Agreement using the same method of payment as used by the Consumer, unless the Consumer expressly agreed to a different method of return, which does not bind any cost for them.
The Service Provider is not liable for delays in the transfer of funds to the User's bank account for reasons beyond the Service Provider's control.
The User bears all responsibility for providing an incorrect bank account number in the event of withdrawal from the Agreement.
The Consumer who has withdrawn from the Agreement is obliged to return the product received in tangible form, remove the product obtained in intangible form or cease using the Service. In terms of the obligation to return, it should take place immediately, but not later than 14 days from the date of withdrawal from the Agreement. In the case of intangible products and services, removal and discontinuation should take place simultaneously with the submission of a declaration of withdrawal from the Agreement.
It is forbidden to store any copies of products provided in an intangible form if the Agreement has been withdrawn with regard to such products.
§5
Complaints
The User wishing to submit a complaint should contact the Service Provider using the contact tool available on the Website, in writing or via e-mail by sending a message to the following e-mail address: contact@aokotorigames.com
The complaint should contain the following information:
Name and surname of the applicant,
the reason for the complaint together with evidence proving its legitimacy,
a request addressed to the Service Provider.
If the complaint is accepted, the User is entitled to a refund, a price reduction, an individually agreed discount for further services from the Service Provider's offer or other forms of compensation provided for by law.
The complaint will be considered by the Service Provider within 14 days from the date of receiving the complaint notification in the case of Consumers and within 30 business days from the date of receiving the complaint notification in the case of Entrepreneurs.
In the event of a negative consideration of the complaint by the Service Provider, the User may file a claim with the appropriate common court.
Any disputes arising in connection with the use of the Website by the Consumer shall be resolved by the appropriate common court.
In the case of disputes with Entrepreneurs, the common court is appropriate according to the registered office of the Service Provider and in accordance with the law and jurisdiction applicable to the Service Provider.
In the case of Agreements with Entrepreneurs, the Service Provider excludes the rights under the warranty for defects in items and, to the maximum extent permitted by applicable law, excludes its liability for any damage.
§6
Personal data
The Service Provider is the administrator of personal data of Users.
The rules and scope of processing personal data in connection with the operation of the Website are described in the Privacy Policy.
§7
Final Provisions
The Terms and Conditions come into force on May 28th, 2023.
The Service Provider reserves the right to amend the Terms and Conditions. Any changes to the Terms and Conditions come into force upon their publication on the Website, with the proviso that without consent to the adoption of changes to the Terms and Conditions, the provisions of the Terms and Conditions from the date of conclusion of the Agreement shall apply without consent to the adoption of changes in the Terms and Conditions in the scope of Agreements concluded before the changes were made, the provisions of the Terms and Conditions from the date of conclusion of the Agreement shall apply, with the inability to use new and updated Services and the Service Provider's products, and in the case of Entrepreneurs, it may result in termination of the Agreements and Licenses within 14 days.
Amendments to the Terms and Conditions may be necessary in the event of the following circumstances in particular:
change in the provisions of generally applicable law,
the emergence of an obligation resulting from a final court decision or decision of administrative authorities,
introducing changes to the Website due to technical and technological progress,
changes in the technical infrastructure used by the Service Provider,
organizational changes of the Service Provider,
enterprising changes of the Service Provider,
changes in the scope of Services or Products available on the Website.
In the event that any of the provisions of the Regulations are deemed invalid or ineffective, the remaining part of the Terms and Conditions will remain valid and effective.
In matters not regulated in the Terms and Conditions, the generally applicable provisions of Polish law shall apply.
The provisions of the Licenses take precedence over the provisions of the Terms and Conditions.