Terms of use

Terms of Use

TERMS AND CONDITIONS OF THE PLAYSTRICT ONLINE PLATFORM

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§1 - [General provisions]

These terms of use (hereinafter the "Terms of Use") set out the principles of the functioning of the Internet platform available at: https://gamedev.playstrict.com/ (hereinafter the "Service"). The Regulations stipulate in particular the rights and obligations of the Users of the Platform, as well as the rights and obligations of the entity managing the Service and providing the services available therein (hereinafter the "Administrator").
The Administrator of the Service is: Playstrict Ltd. based in Rzeszow, address: Kolejowa 12 Street, 35-020 Rzeszów, entered in the Register of Entrepreneurs of the National Court Register kept by the District Court in Olsztyn, VIII Commercial Department of the National Court Register under the number KRS 0000820130, having NIP 7393935486 and REGON 385115911.
Contact details of the entity responsible for operating the Service: biuro@playstrict.com website address: https://playstrict.com/
Each person should read the Terms of Service before using the Service.
Any person who has started to use the Service is obliged to accept and comply with the provisions of the Regulations.

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§2 - [Definitions]

Terms hereafter used shall be understood as follows:
Service/Portal/Platform Playstrict - Internet platform maintained by the Administrator and available at https://gamedev.playstrict.com/, allowing Users to post, share, update and promote mobile games.
Game dev/User - an entity submitting games to the Portal and using its Services - a natural person running a business or a legal person or organizational unit without legal personality, but able, in its own name, to acquire rights and assume obligations;
Game - mobile games uploaded by the User to the Portal, together with any updates and modifications thereto; information about the game is provided in a dedicated subpage of the website. The User may place on the Portal only games to which he has full copyright and under the condition that they do not infringe the intellectual property rights of third parties;
Player - a person using the Games posted by the User on the Portal;
Playstrict.PAY" module - one of the functionalities available on the Portal in the Rev-Share settlement model that allows collecting from Players, collecting and monitoring Funds according to the rules specified in the Service and the Regulations.
Funds - the total revenue from Games, Game modifications or microtransactions posted on the Portal by a Game dev;
Fee - commission-based fee (available under the Rev-Share model) payable to a Game dev for the provision of the Game or a Game modification generating funds from Players, and for the license granted, as described in Section 5.11 of the Terms of Use. 5 paragraph 11 of the Terms of Use;
Registration - the procedure for setting up an account by Game dev on the site involving the provision of accurate data: full company, headquarters and address of the company, contact phone number to a person acting on behalf of the company, e-mail address or additionally the name under which the registrant intends to appear on the site. After completing and confirming the accuracy of the data in the registration form, a message confirming the Registration will be sent to the e-mail address provided therein. The moment the registration is confirmed, a contract is concluded between the Game dev and the Site, the object of which are the services provided by the Site, under the conditions specified in these Terms of Use.
Account - a set of resources maintained within the functionality of the System for the User, in which data related to his/her use of the Playstrict Platform is stored.
Advertising campaign - an advertising campaign conducted through the Playstrict affiliate network. The user has the ability to set campaign parameters and billing models, such as CPC (Cost Per Click) or CPI (Cost Per Install). There are 3 paid campaign types available on the site: "Pre-Save, Soft Launch, Boost Game".
To the extent not defined above, terms used in these Terms and Conditions shall be interpreted according to their literal meaning.

§3 - [Terms of use of the Service]

The Service, as a mobile game platform where Users can upload and share online games with Players, allows its Users to take advantage of the functionality available therein, such as:
maintaining the Game on the Portal;
communicating traffic and behavior data about the Game to the User in encrypted form,,
updating the Game with new versions of the Game,
adding and sharing Game modifications,
having continuous access to information on your Account regarding your accumulated User Credits, as well as, for each Game, information regarding the amount of fees you have paid, by what means, and from what sources;
Game marketing: promoting the Game, advertising on horizontal portals, blogs and through affiliate networks
Functionalities may change depending on the needs and development assumptions of the Website.
In order to use the Service, you must accept these Terms of Use and register.
By accepting these Terms of Use the User declares that he owns full copyrights to each Game posted on the Website and that none of the Games, or any of their parts or modifications, infringes the intellectual property rights of any third party. If the User infringes the rights of any third parties, including copyrights, he will be fully liable for such infringement and will be required to satisfy any claims resulting from such infringement and compensate any damages incurred as a result. If a third party files a claim against the Administrator, the User is obliged to settle it immediately and release the Administrator from the obligation to provide services on that account. The User is also obliged to reimburse the Administrator for all costs incurred by the Administrator, including possible damages, fines, court costs, costs of legal services etc. If a third party brings an action against the Administrator, the User agrees to participate in the proceedings as an outside intervener on the Administrator's side.
By accepting these Terms of Use, the User represents that he or she is granting the Administrator and its affiliates a license for commercial purposes, whereby the User grants the Administrator the right to post the Game or a Game modification on the Portal and to sell access to the Game or a Game modification to Players, as well as the Administrator's right to:
recording and reproducing the work by any means and in any form;
trading in the original or copies on which the work has been fixed - marketing, lending or renting the original or copies;
distribution of the work, also by - public performance, exhibition, display, reproduction, broadcasting and rebroadcasting, as well as making the work available to the public in such a way that everyone can have access to it in a place and at a time individually chosen by them;
permanent reproduction in whole or in part by any means and in any form; in the scope in which it is necessary to reproduce a computer program in order to introduce, display, use, transfer and store it, these actions require consent of the right holder;
translation, adaptation, rearrangement, or any other matter, while retaining the rights of the person who made such changes;
distribution, including lending or renting, of a copy or copies thereof,
authorize others to use the Game,
the use of the name and logo of the Game and all visual materials and portions of the Game, modifications to the Game, marketing and advertising the Game and advertising the Service to the extent indicated. This license is non-exclusive, indefinite, territorially unlimited, transferable and sublicensable. The license is also subject to a fee payable to the User.

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§4 - [User Registration and Account Termination]

In order to use the full range of functionalities of the Website, the User is obliged to register in advance.
Registration is a one-time event.
Registration, use and liquidation of a User Account is free of charge.
A User is entitled to have only one Account on the Website.
Registration is made at the website address https://gamedev.playstrict.com/auth/register by properly completing the registration form and after reading and accepting the provisions of these Regulations.
The registration form is completed by the User providing the following information: Nickname, e-mail, password.
Providing User's data is voluntary, but necessary to register. By providing their personal data, Users agree to have such data processed in order to use the Website.
Registration of a User on the Website will take place immediately after correct filling in of the registration form.
During logging, a User gives an e-mail address given during registration and a password.
The Administrator of the Service does not take responsibility for the loss or passing on by a User to the third persons or unauthorized entering into possession by third persons of his/her password and/or e-mail address and for damages resulting thereof.
A User has the possibility to edit and change his/her data through the User Account.
The User shall update the data entered into the registration form. The update of the data shall be performed by changing the relevant data in the User Account.
The Administrator of the Website shall not be liable for the consequences of a User's failure to update his or her data.
The User is entitled to terminate his Account and his license to the Game in accordance with the provisions of paragraph 12.6 of these Terms of Use.

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§5 - [Rights and obligations of the User]

The user is obligated to:
use the Service according to the regulations in force, good practices and the Rules and Regulations,
not to use the logins of other Users without their knowledge and consent,
not to attempt to break other Users' passwords,
not to act to the detriment of other Users and/or other persons,
not to use in the User's account name any expressions or words that are commonly regarded as offensive, inconsistent with good manners and/or to which the User does not have the appropriate rights.
In order to protect his/her Account, the User shall be obliged to keep his/her password secret, including, in particular, not to disclose the password to any third party, and if he/she suspects that the password has been disclosed to a third party, he/she shall change it immediately.
It is forbidden for the User to publish content or Games that violate the rights and personal interests of third parties.
The User is not allowed to impersonate other persons.
The User may not use other Users' Accounts or make his Account available to other persons. User accounts are not transferable.
The User bears full responsibility for errors resulting from incorrect data during the Service registration.
You are prohibited from using any viruses, bots, worms, or other computer code, scripts or programs that may interrupt, destroy and/or limit your access to the Service.
You must not use any computer code, scripts or programs that automate the use of the Website.
A User who finds that another User is violating the law, social norms, customs, privacy or the provisions of these Terms of Use, is entitled to report this fact to the Administrator. The notification is made by sending an e-mail to biuro@playstrict.com. The notification referred to in the previous sentence should include: indication of the way in which the infringement took place, the name of the User who committed the infringement and a link to the Event in which the infringement took place. After receiving the notification, the Administrator shall take appropriate action in accordance with the provisions of these Rules and Regulations.
The User is authorized to use the available functionalities of the Service according to the Terms of Use.
The User using the Rev-Share settlement model provided pursuant to an individual agreement between Playstrict and the User in connection with the placement of the Game or a modification of the Game on the Portal and granting a license in all fields of exploitation indicated, as referred to in § 3, the User is entitled to a remuneration of 50% of the amount of Funds accumulated in the module "Playstrict.PAY" on the last day of the calendar month. The remuneration is payable on the basis of a correctly issued and delivered VAT invoice, by transfer to the bank account of the User and indicated by him, within 21 days from the date of delivery of the invoice.

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§6 - [Service Administrator privileges]

The Service Administrator is authorized to:
to expand the Service, as well as to modify the list of hardware and/or software requirements necessary for its proper operation, prior to informing the Users;
temporarily restrict or disable access to the resources of the Website, if this is caused by the need to repair, replace, expand, modify or maintain computer equipment or software, without prior notice to the Users;
place graphic and text advertisements displayed at moments chosen by him when using the Website and place links to websites managed by third parties without prior notice to the Users.
Restrictions mentioned above related to the works may be introduced for a period of time not longer than necessary to complete the necessary works.
If the Service Administrator deems that the posting of any content or Game is against the law and/or good morals, the Service Administrator reserves the right to, among other things: remove or moderate such content.
The Service Administrator decides on the measures to be taken with regard to the User uploading the restricted content.
Administrator shall inform the User introducing the restricted content and the User reporting the infringement about actions taken in connection with the infringement.
Administrator is entitled to verify any data and information posted by Users as well as content posted, using all methods and tools available within the limits of law. Other Users are entitled to give their opinion on the content and data provided by other Users.
In each case of stating the violation of the provisions of these Regulations or generally applicable laws, or providing data or revealing content that is undesirable or untrue, violating social norms, customs, privacy, the Administrator is entitled to send the User a call to cease the above mentioned violations to the User's e-mail address provided during registration.
The Administrator is entitled to block or delete the User Account in a situation when, despite the steps taken in accordance with the provisions of the previous paragraph, the User continues to violate the Terms of Use or generally applicable provisions of law.

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§7 - [Responsibilities of the Service Administrator in the provision of Playstrict Platform services]

The Administrator of the Service is not responsible for the Users' behavior while using the Service. The Administrator does not assume liability for consequences of actions constituting violations of the Terms of Service, undertaken by Users or third parties. Service Administrator's liability for content, games, placed by Users within the Service, copyright infringements and for any damages resulting thereof is excluded.
The Service Administrator does not bear any liability to the User or third parties for any damages arising from the use of the data contained in the Service.
The Service Administrator is not responsible for:
The way in which the Users use the Service and the consequences arising therefrom,
content posted by Users.
Service Administrator's liability for loss of contents published by User resulting from IT system failure or other events that Administrator was not able to prevent, including force majeure events, is excluded. Force majeure should be understood as a sudden event, beyond the Administrator's control, when it was impossible to foresee the event and its consequences and when it was impossible to avoid the event itself or at least its consequences.
The Service Administrator's liability for:
damages resulting from interruption in the functioning of the Service due to technical reasons, in particular due to maintenance or replacement of equipment, or due to force majeure,
damages caused by the unauthorized acts or omissions of the User.
Any liability for damages incurred by the User as a result of threats occurring on the Internet, i.e. in particular breaking into the User's system, hacking attacks, interception of passwords by third parties, infecting the User's system with viruses, rests with the entities that committed such attacks.
The Administrator of the Service is not responsible for the slowdown and/or limitation of data transfer to the values ensuring the security of IT systems of the Service.
The Administrator of the Service is not responsible for the consequences of providing false, incomplete or unreliable data by the User.
The Administrator is not responsible for culpable and illegal actions of Users, Players or third parties.

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§8 - [Technical requirements]

In order to use the Website, the User must have a terminal device with access to the Internet and a web browser capable of displaying web pages.
The Administrator informs that the terms and possible costs of payment for the Internet access are regulated by the agreement concluded between the User and the telecommunication operator chosen by the User.
The User should have up-to-date anti-virus software installed on the end device.
In order to use the Service in the desktop version, you are required to:
The User has a computer with access to the Internet with a minimum connection speed of 10 Mb/s,
Use by the User of one of the following latest versions of Internet browsers Safari, Internet Explorer, Chrome, Firefox , Opera.
Correct functioning of the Service is guaranteed by using the Internet browsers indicated in the previous sentence. The Administrator does not guarantee correct operation of the Service when using other Internet browsers than those indicated in the previous sentence.
The Service does not provide the means indicated above, the User shall bear all costs associated with providing the technical conditions referred to in this paragraph.

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§9 - [Intellectual property]

In order to use the Website, the User must have a terminal device with access to the Internet and a web browser capable of displaying web pages.
The Administrator informs that the terms and possible costs of payment for the Internet access are regulated by the agreement concluded between the User and the telecommunication operator chosen by the User.
The User should have up-to-date anti-virus software installed on the end device.
The Administrator of the Service declares that all materials placed on the website except for materials of Users, including text, photos, graphics etc. and their arrangement are the intellectual property of the Administrator of the Service or third parties.
The Administrator of the Website excludes the possibility of copying, duplication, modification, distribution or other forms of commercial use of the materials being his property and the property of third parties mentioned above, without the prior written consent of the above mentioned entities.
The Administrator of the Service consents to non-commercial displaying, downloading and printing of the materials owned by the Service, mentioned in section 1, subject to the obligation of the entity using these materials to display visible copyright information of the Service.
If the User uses content posted on the Website, the User or a third party shall be obliged to provide the source of such content.
All rights to the Service, as well as all its elements, i.e. in particular software, functional layout, graphic elements, databases, belong to the Administrator of the Service.
Use of the Service by Users does not constitute grounds for acquisition by Users of any rights to the Service and/or content posted on the Service.

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§10 - [Privacy Policy]

Information on the scope of personal data processing by the Service and the scope of use of cookies can be found at the URL https://blog.playstrict.com/privacy. For proper functioning of the Website, short text information called "cookies" ("cookies") are recorded on the User's terminal equipment, which contains information necessary for proper functioning of the Website. When using the Website, an application identifier may be sent in order to provide the service correctly.
By registering or using the Website, with cookies enabled, the User consents to the use of the "cookies" mechanism, i.e. saving these files in the memory of the device used by the User. In case of using the application, the User agrees to send the application identifier.
The content of the cookies and the application identifier do not allow the identification of natural persons. By means of cookies, no personal data is processed and/or stored.
Cookies and the application identifier do not affect the operation of the User's terminal equipment, do not damage the system, do not cause configuration changes, and do not have any impact on the operation of the software installed on the User's terminal equipment.
The User is entitled to revoke his/her consent for the Administrator to use cookie files at any time. For this purpose, the User should make appropriate changes in the settings of the Internet browser by means of which he/she uses the Website. In such a case, the User will not be able to fully use the Website.
The entity placing information in the form of "cookies" on the User's terminal equipment and accessing them is the Administrator.

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§11 - [Complaint procedure]

In case of any irregularities related to the functioning of the Service, each User is entitled to report this fact by sending a complaint via e-mail to the following address: biuro@playstrict.com.
The complaint will be answered immediately, if technically possible not later than within 14 days from the notification.
In special cases, i.e. when consideration of a complaint requires unusual, specific actions or encounters objective obstacles (e.g. equipment failures, Internet network failures, etc.), the deadline for the complaint investigation may be extended.
The response will be sent to the User at the e-mail address from which the complaint was sent.
The Administrator of the Service is not responsible for any complaints and claims of the Users against other Users, which claims should be filed directly against this other User.

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§12 - [Amendments and Termination]

The Administrator of the Service reserves the possibility of making changes in these Terms of Use, of which he shall immediately, i.e. in the period not shorter than 14 days before making the changes, inform on the website https://gamedev.playstrict.com/ and by e-mail.
The Service Administrator will inform about the fact that the Terms of Use have been amended by posting information about the amendments on the website https://playstrict.com and by placing a consolidated text of the amended Terms of Use, as well as an indication which of the existing provisions of the Terms of Use have been changed.
Changes to the Regulations may occur, in particular, for important technical, legal and/or organizational reasons. The change referred to in the previous sentence is possible after informing the Users about it in advance. Information about planned changes shall be sent to the Users' e-mail addresses at least 14 days prior to their implementation. If the User does not accept the changes to the Regulations, they may demand removal of their account, including data, and termination of provided services. The termination of the license by the User takes place according to the rules described in par. 12 section 6 of the Regulations.
The use of the Service by the User after the effective date of changes in the Regulations is tantamount to acceptance of the introduced changes.
The User's use of the Service after the amendments to the Regulations become effective is tantamount to acceptance of the amendments.
You have the right to terminate your license to the Game and your relationship with the Administrator by giving 7 days' written notice, effective immediately. In such a case the Administrator shall be entitled to remuneration corresponding to the Administrator's costs.
Subject to the terms of these Terms of Use, the Administrator shall have the right to terminate the Administrator's agreement with the User and remove the Game from the Portal by giving the User 1 day's written notice with immediate effect.
These Terms of Service become effective on the date they are published on the Website.

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§13 - [Final Provisions]

These Regulations are made available to the Users free of charge, in a manner allowing for its acquisition, reproduction and recording of its content.
These Terms and Conditions are available in pdf format on the website at https://blog.playstrict.com/terms
If one provision of these Terms of Use is or becomes invalid, the validity of the remaining provisions shall not be affected. The rule that comes closest to the purpose of the invalid provision and these Terms of Service as a whole will be applied in place of the invalid provision.
Matters not regulated by these Regulations shall be governed by generally applicable legal regulations.