1. TERMS AND CONDITIONS OF THE WEBSITE AND MOBILE APPLICATION FOR THE PROMOTION
The Software may only be used by individuals aged eighteen (18) years or older. Any use of this Software by individuals under (eighteen) 18 years is subject to consent of the User’s parent or guardian, in which case the User shall review these Terms together with the User’s parent or guardian in order to make sure that both the User and the User’s parent or guardian fully understand and approve these Terms in advance. Users under thirteen (13) years old shall abstain from using this Software. All uses and rights not explicitly allowed are prohibited.
3. USER LICENSE
Subject to these Terms, the Company grants the User a personal, non-exclusive, non-transferable, limited and revocable license (“User License”) to use the Software for personal use only on a phone, tablet, computer or other suitable and compatible device (each a “Device”) owned or controlled by the User. Any use of the Software in any other manner, including, without limitation, resale, transfer, modification or distribution of the Software or text, pictures, music, barcodes, video, data, hyperlinks, displays and other content associated with or contained in the Software (“Content”) is prohibited. These Terms and the User License also govern any updates, supplements or replacements of the Software unless separate terms accompany such updates, supplements or replacements.
4. USER INFORMATION
5. ACCEPTABLE USE
Use of the Software and any Content and User Information that is collected, transmitted, processed, stored, used or analyzed in connection with the Software is limited to the contemplated functionality described above and shall be strictly subject to the conditions of acceptable use herein described (which will collectively be referred to as “Acceptable Use”). In no event may the Software be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringes or violates the rights of any other party or individual (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the Indemnified Parties or the Content, without prior authorization of the Company or the Processors; (d) uses or launches any automated system, including without limitation, „robots,” „spiders,” or „offline readers,” to access the Company and/or the Processor systems, or Content; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (f) attempts to gain unauthorized access to the Company’s and/or the Processor’s computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability, or that may otherwise impugn, detract from or disparage the goodwill of the Promotion, the Company, the Processors or third parties; (h) violates these Terms; (i) attempts to or does damage, disable, overburden, or impair servers or networks used by the Company and/or the Processors; or (j) fails to comply with applicable third party terms. The Company reserves the right, in its sole discretion, to terminate any User License, terminate any User’s participation, remove Content and/or assert legal action with respect to the Content or use of the Software that the Company reasonably believes is or might be in violation of these Terms, the terms of Acceptable Use or the Company’s and/or the Processor’s policies. The Company’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
The User agrees to defend, indemnify, and hold harmless the Company and/or the Processors, their employees, contractors, officers, and directors (altogether, hereinafter collectively the “Indemnified Parties”) from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including attorney’s fees) that arise from the User’s use or misuse of the Software, violation of these Terms or violation of any rights of a third party. The Indemnified Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. In the event of any third party claim that the Software or User’s possession and use of the Software infringes that third party’s intellectual property right, the Indemnified Parties as applicable, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. NO WARRANTIES
THE SOFTWARE IS PROVIDED TO THE USER „AS IS” AND THE USER IS USING THE SOFTWARE AT HIS OR HER OWN RISK. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, THE INDEMNIFIED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES THAT THE SOFTWARE IS MERCHANTABLE, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, NON-INFRINGING OR FREE OF DEFECTS OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SOFTWARE BY THE USER IS IN COMPLIANCE WITH LAWS APPLICABLE TO THE USER OR THAT USER INFORMATION TRANSMITTED IN CONNECTION WITH THE SOFTWARE WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED.
8. NO LIABILITY
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL THE INDEMNIFIED PARTIES (A) BE LIABLE TO THE USER WITH RESPECT TO THE USE OF THE SOFTWARE; AND/OR (B) BE LIABLE TO THE USER FOR ANY (IN)DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SOFTWARE OR DEVICE FAILURE OR MALFUNCTION. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE SOFTWARE.
9. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
The logos, trademarks, copyright and other intellectual property rights of the Company, the Processors and/or the Distributor as used in connection with the Software are owned by the Company, the Processors and/or the Distributor, respectively. Such logos, trademarks, copyright and other intellectual property rights may not be copied, imitated or used, in whole or in part, without the prior written permission of the applicable rightholder(s). The Software and the Content are or may be protected by copyright, trademarks, design rights, patents, trade secrets, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by the owner of the Content, as applicable. This Software may contain links and references to other software and/or websites that are not owned or administered by the Company. The Company has no control over third party websites and cannot be held liable for their contents, policies, omissions or activities. All references to third parties and links to third party software or websites are incorporated as mere suggestions. This Software provides its functionalities and services at no charge. However, Users may incur in costs derived from the use of the internet or the data transfer over the network provider, such costs to be borne by the Users. The Company does not and cannot guarantee that the information contained or displayed in this Software is complete, correct, up to date and free of typographical errors at all times. However, the information on this Software has been compiled with the greatest possible care and the Company endeavors to provide accurate and updated information, and uninterrupted error-free transmissions. The information on this Software is general and does not contain any advice.
10. PUSH MESSAGES
This Software may offer the possibility to receive messages (‘push messages’ or ‘push notifications’) providing Users with information on the promotional activit(y)(ies) that are the subject matter of these Terms, including but not limited to messages about the Promotion, the Company and/or the Processors, the Distributor as well as third party messages relating to the products, services and/or promotional activities of all or any of these, with the purpose of informing Users about the Software, the progress of the Promotion, the contribution of sponsors and third parties to the Promotion and the User’s participation in the Promotion. By downloading and using this Software, Users agree to receive push messages via this Software. Depending on the Device used to access this Software, such consent may be requested before any use of this Software. In all cases, push messages may be activated or deactivated by Users anytime at their sole discretion by manually changing the settings of this Software.
11. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of Poland, unless applicable mandatory law stipulates otherwise. For the purposes of any legal action arising out of or related to the use of the Software or these Terms, unless applicable mandatory law stipulates otherwise, the User irrevocably consents to the exclusive jurisdiction of the competent court. Except as otherwise required by applicable law, the English language version of these Terms is legally binding and translations are solely provided for informational purposes. In the event of any conflict or inconsistency between the English language version and any translation, the English language shall prevail. If any provision of these Terms is held to be invalid or unenforceable, the other provisions shall remain in full force and effect.
The Company reserves the right to change or modify these Terms or any other policies related to use of the Software at any time and at its sole discretion by posting revisions on the Software. Continued use of the Software following the posting of these changes or modifications will constitute acceptance of such changes or modifications.
Any questions, complaints or claims regarding the Software should be directed via email to: email@example.com