I. General Definitions
Regulations – these regulations include a set of principles of using of the Service and the rights and obligations of the Users and the Company. It constitutes the regulations of the services in electronic means.
Service – a group of connected websites published from x-game.download address.
Company – the owner and the operator of the Service referred to in Section II of the regulation.
User – any person who uses any functionality of the Service, in particular by receiving or sending any electronic data, including the Registered User.
Uploader – a User who has the right to add news within the Service without waiting for approval
Administration, Administrator, Moderator – Persons selected by the Users of the Service who are at the same time Users hereof with permissions specified in Regulation, particularly with the access to specific technical tools, which are used to manage the content and Accounts of the Users. They prevent trolling, abusing the comments systems etc.
II. General Provisions
1. These provisions define the rules regarding uploading and functioning the Service (under the address of x-game.download) as well as the rules of using the Service, in particular the rights and obligations of the Users and the Company.
2. The provisions and terms specified therein constitute a binding agreement between an adult User and the Company concerning the use of the Service (under the address of x-game.download).
3. Within the Service, the Company provides exclusively services of so-called standard transmission, catching, hosting (referred to below in a), b) and c). In this regard, the Company provides services involving publishing the ICT infrastructure in order to mediate in data transmission, storage and sharing the data of these Users by them (particularly in the form of electronic files).
a) The Company enables the transmission of data transferred by the given receiver (User), as well as ensuring access to a telecommunications network, however the Company:
- Is not the initiator of the data transmission,
- Does not choose the receiver of the data transmission,
- Does not choose or modify the information included in the transmission
The Company may perform automated and short-term storage of the transmitted data, whereas the data shall not be stored longer than it is necessary in normal conditions for the realization of the transmission.
b) The Company enables the data transmission as well as ensure the automated and short-term indirect data storage in order to speed up re-access to them, however the Company:
- Does not modify the data,
- Uses acclaimed and applied information techniques of the access to data as well as to upgrade them,
- Does not interfere the use of information techniques.
c) The Company shares the resources of the communication system in order to storage the data of the Users.
4. The User hereby declares to the Company that he has finished eighteen (18) years old, has full legal capacity and agrees to the conditions determined in the Regulation. Should the User use the Service x-game.download in behalf of third party who is so-called disabled legal entity. The User hereby declares that he is authorized to assume obligations arising from the conclusion of this agreement on behalf of person aforementioned, and acceptance of these Regulations by the User corresponds to the acceptance thereof by the third party. In this case, the “User” in these regulations is referred to aforesaid third party. In the situation where the actual permission to assume obligation in behalf of third party is lacking, a person who supposedly acts in behalf of the third party is treated as the User, who in his own name and on his own behalf has concluded an agreement with the Company.
5. The Company reserves the right to change and modify these Regulations, including adding new and removing existing records, what can be made at theirs sole discretion in any time by posting the modified Regulations on the Service. Therefore, the User is obliged to regularly check whether the Regulations changed. If the User continues to use the Service after posting the changes and he did not terminate the agreement, it means that he accepted them. Unless other provisions tell otherwise, the modified Regulations shall automatically come into force thirty (30) days after their publication on the Service.
6. The Company does not allow nor agree to any violations of the law and the rights of third parties by the Users, in particular copyrights, industrial property rights, or personal rights. With the exceptions provided in the Regulations, any and all data, in particular files, are shared by the Users under their responsibility, danger and risk, and they ensure that they have full rights to uploading, publishing and sharing the data.
7. The User, by having an account in the Service, agrees to receive commercial information and marketing materials from the third parties via e-mail.
III. Terms of using the Service
1. The User is obliged to use the Service in a manner consistent with the provisions of the Regulations, legal regulations in force and the moral principles of social coexistence. The Company operates in a similar manner when fulfilling its obligations.
2. In the event of taking the knowledge about breach of the regulations by the User or any other person, the User is obliged to immediately notify the Company.
3. The User declares that he became acquainted with the content of the Regulations and fully accepts its provisions.
4. The technical condition for use of the Service is having a workstation equipped with operating system and access to the Internet Network as well as standard software needed for web browsing.
5. To ensure the proper functioning of some of the functions of the Service, the support for elements of Java, Java Script, Flash and cookies files may be required to be provided by the User.
1. As a result of registration, the account is created for the User. The User may have only one account in the Service that can be operated only by him. In particular, the User must not share the login and password to third parties or share the account with others.
2. The User have the right to edit the account and change the password. The User’s account is free.
3. By registering the account in the Service, the User agrees to all terms in the Regulations and he consents on processing the personal data provided during the registration now and in the future by the Company, in the purpose of performing services of the Service by the Company.
4. Data transmitted or shared by the Users shall not violate the commandments and prohibitions referred to in specified point of the Regulations “prohibited methods of using the Service”.
V. The User’s statement
1. The user is solely responsible for all data that are broadcasted, uploaded, shared and stored in the Service and he hereby consents that the Service is only a tool used in order to mediate the data transmission or storage within the services of standard transmission, catching, hosting referred to in section II. Point 4 of the Regulations. Therefore, the User is solely responsible for any and all broadcasted, shared and stored effects of his publication.
2. The user hereby acknowledges the fact and declares, to the extent of the limits permitted by law, that:
- By placing any data in the Service, he declares that they are free from defects (natural or legal) and claims of the third parties as well as he holds all the rights, required licenses, permissions and consents to their use, share, upload, publication etc. Especially the right to publish and disseminate via the Internet, on-line system as well as the right to use the image of a third party and that these rights are not limited in any way;
- Data (a) do not violate any rights of third parties, including copyrights, trademarks, patent rights, trade secrets, the rights of privacy, rights of publicity or any other property rights and (b) do not asperse, slander or defame any persons or items nor violate their rights including privacy rights, rights of publicity or any other personal properties;
- The data do not contain viruses, adware, spyware or any other malicious software, or any content or files allowing access to the content beyond the Service, which could violate the rights of third parties;
- Data do not include any advertising or promoting materials or commercial offers.
3. The data transmitted or uploaded by the User shall not violate the commandments and prohibitions referred to in specified point of the Regulations “prohibited methods of using the Service”.
VI. Prohibited methods of using the Service
1. The User shall not pot, create or distribute through the Service any data that breach the law regulations, provisions of existing agreements or rights of third parties (including all and any trade secrets, intellectual property rights, copyrights, personal rights or the rights arising from the protection of personal data);
2. The User shall not publish any false or misleading information that could expose the Service or third parties to damage;
3. The User shall not publish, upload, transmit or place in the Service any data that is illegal, obscene. The content and materials shall not defame any third party. It includes the following manners of defamation: slanders, threats or pornography, vulgarity, harassment, persecution certain race or nationality, hatred, criminal behaviour, fascism, Nazism and other criminal ideologies, promotion of the phonographic and computer piracy, spread the techniques of breaching the securities of data, viruses and any other of such kind;
4. The User shall not use the Service for any of the illegal purposes or to breach national or international laws including the protection of copyright, industrial property rights and other rights as well as provisions on the protection of personal data;
1. To the extent permitted by law, the Company’s liability is excluded for the following:
- Any damages resulted from using the Service, access hereto or inability to use the Service by the User for reasons beyond the control of the Company,
- Any damages resulting from viruses, trojan horses etc., which can be sent to the Service or through the third party,
- Consequences of the entry into possession of the access password of the User by third parties if it was due to the reasons caused by the User. In particular, the reason is considered to be providing the password by the User to a third party,
- Any damages of the User arising from improper publication of the files,
- Any and all actions taken by the Company in relation to the User related to the violation of the law provisions and the Regulations, such as blockade of the account or restriction in using specified services or functions in the Service,
- Any damages arising from transmitted or stored data,
- Violation and the consequences of violation by the User the laws or the rights of third parties, in particular any damages caused to third parties by the User as a result of breaching copyrights, industrial property rights etc., in particular for damages arising from transmitting, uploading, sharing the data to which the User does not have the copyrights or any other required rights,
- All and any actions and their consequences arising from violation the provisions of the Regulations by the User or giving false data, false and misleading declarations and warranties by the User referred to in the Regulations,
- All and any activities consisting in gathering personal data by the User in the manner contrary to the law and their processing, in particular publishing personal data of other Users to the unauthorized persons,
- Any damages arising from the use of the Service in a manner contrary to the provisions in point VI of the Regulations,
- Any damages, claims, compensations in due to the claims of one User in relation to other User of the Service (exclusion of the Company from disputed between the Users).
2. The Company shall not bear responsibility for any third party related to failure or improper performance by the User of this agreement, performing by the User unlawful act, breaching by the User the provisions of the law and connected with giving by the User false information, warranties and declarations. In the case of referring any accusations, claims, complaints, petitions, requests etc. by the third parties to the Company, related to the behaviour of the User referred to in the previous sentence or paragraph 1 above, the User shall be obliged to bear full responsibility towards these entities, what in particular means that the User shall cover all the costs incurred by the Company, or costs to be incurred by the Company in any form, in particular the legal costs, fees, damages, fines, penalties, costs of summons, presence before the court or state agency or public administration, the costs of correspondence and any other possible costs, fees, etc. Furthermore, in the event of raising any claim against the Company by the third party for violation of their rights, in particular copyrights, the User shall replace the Company in the proceedings in the form of secondary intervener.
VIII. The User’s responsibilities
1. Using by the Users of the Service registered trademarks shall not violate the protection rights of the entities entitled to the trademark and may occur only for descriptive or informative purposes, or for the expression of acceptable criticism.
2. Using by the Users the content copyrighted by the third parties (even indirectly) may occur only with the consent of authorized persons or only within the fair use. Sharing (even indirectly) with the content to which they hold copyrights is permitted by the Users in the Service unless it violates the rights of third parties.
3. The User shall bear full responsibility for breaching of copyrights, the rights of industrial property, personal rights and other rights associated with transmitting, sharing, distributing, storing etc. specified data (in particular files), as well as for violating the laws or the provisions of these Regulations.
4. The User, who against the provisions of the Regulations use the Service for marketing or promotional purposes shall be obliged to repair the damage resulting in this respect, in particular he shall return to the operator of the Service lost profits calculated according to the rates of remuneration for advertising used by the Company towards advertisers the Service.
IX. Counteracting law violations
1. An individual, whose right has been violated by the data uploaded (stored, transmitted etc.) in the Service by the User, is obliged to notify the operator of the Service, indicating the exact locations of these data, law that has been violated by them and circumstances and evidence proving its locus standi to act in a case of violated law.
2. After receiving the notification referred to in the preceding point, the operator of the Service will immediately block the access to the data indicated in the notification.
3. In case of receiving official notification or obtaining reliable information about the unlawful nature of the data provided in the Service, the operator of the Service shall immediately prevent access to the data.
4. The Company may also, on its own initiative, remove specified data from the Service and forbid transmitting, sharing, storing etc. specified data, should take knowledge of reliable information about their illegality and unlawfulness.
X. The termination of the Agreement
1. Both the User and the Company have the right to terminate the agreement.
2. Termination of the Agreement by the Company is followed by the removal of the Account of the User or blocking the User an access to the Service. Removing the Account or blocking the User from accessing the Service may occur 14 days after sending the e-mail to the User with the information containing the statement on the termination of the agreement/blocking the access. However, in the event of glaring violation of the terms of this agreement, in particular violating the copyrights, or personal rights of the third parties by the User, the Company may terminate the agreement with immediate effect by the immediate removal of the User’s Account or blocking access to the Service.
3. The termination of the agreement by the User is followed by the removal of the Account of the User. The User may at any time request removal the Account by the Company through the e-mail. The Company is obliged to remove immediately the account, not later than within 3 days of receipt of the User’s request. After the expiry of this period, the agreement is terminated.
XI. Final provisions
1. All and any contact with the administration of the Service shall occur via the “Contact” available on the site.
2. All and any comments concerning the violation the provisions of the Regulations by the Users may be reported in “THIS” place.
3. The User has the right to lodge complaints regarding services provided by the Company in the Service. Complaints shall be submitted in electronic form on the sub-page “Contact”. Complaints will be processed within 30 days of their receipt by the Company. The answer to the complaint will be sent to the e-mail address from which a complaint was posted or on any other e-mail provided by the User.
4. All and any provisions that are proved invalid or ineffective shall not affect the validity of the remaining provisions. Ineffective provisions will be replaced with valid provisions, which match the economic sense, the intentions of the parties and the purposes of the ineffective provisions.
5. These Regulations come into force on 1 June 2016.