- These regulations define the type of services provided electronically (Application), rules of using the Application, technical requirements necessary to use the Application, prohibiting the User from providing unlawful content, conditions for starting and ending using the Application, complaint procedure and personal data protection rules. The Regulations are fulfilment of the duties set out in Article 8 of the Act of 18 July 2002 on the provision of electronic services (Journal of Laws of 2017, item 1219, as amended), hereinafter: the Act on the provision of services by electronic means).
- All rights to the Application, in particular proprietary copyrights, are vested in SMULTRON sp. z o.o. with its registered office in Krakow, at ul. Sławkowska 12, 31-014 Kraków, entered into the Register of Entrepreneurs of the National Court Register (KRS) kept by the District Court for Kraków-Śródmieście in Kraków, XI Commercial Division of the National Court Register under KRS number: 0000543616, REGON: 360370011, Tax ID: 6762482785, with share capital: PLN 50,000 (hereinafter: “SMULTRON” ).
- SMULTRON provides the services electronically in accordance with these Regulations.
- Application – a browser game at xmasgame.online, allowing the User to add photos to create a personalised Christmas Card .
- Christmas Card – a graphic file generated by the User using the Application on the basis of the photos added by the User and graphic elements of the Application, related to the theme of Christmas 2018.
- Netiquette – a set of rules for proper behaviour on the Internet.
- User – a natural person, an adult, having full legal capacity, using the Application via the Internet to create and publish a Christmas Card. The user may also be a person who is at least 16 years of age on condition that he or she obtains the consent of the statutory representative (parent or guardian).
Application and rules of use
- The application is used to create a personalised Christmas Card in order to be made available by the User via the Facebook social network in connection with Christmas, for the User’s private purposes. Any other use of the Application, in particular the use of the Application for commercial or business purposes, is prohibited and is a violation of these Regulations.
- Using the Application in accordance with the Regulations and its intended use is free.
- The application allows the User to create an individual Christmas Card using the photos provided by the User and graphic elements of the Application.
- The application can be launched via the website: xmasgame.online. In order to create a Christmas Card, the User launches the game and uploads the photos that will be placed in the Christmas card.
- The User is not obliged to deliver (upload) photos to the Application. In this case, the Christmas Card created by the User will not contain individual elements.
- The created Christmas Card is visible to the User and can be made available on a social networking site like Facebook by the User (publication).
- The Christmas card contains the SMULTRON logo.
- By uploading photos to the Application in order to create a Christmas Card, the User declares that he has the consent of third parties to use the photos to create a Christmas Card.
- The User bears sole responsibility for the use of the Application that is inconsistent with the Regulations, in particular for the use of images without the consent of authorised persons.
- The User acknowledges that the images used in the Application may be subject to copyright and other rights, and the images depicted on them are protected by law. The use of a photo that represents the image of a third party requires prior approval.
- The photos provided by the User will be used and stored only for the purposes of creating and sharing (publishing) the Christmas Card. This data will be kept during the holiday season, but not later than until March 31, 2019. After this date, the data will be deleted from the SMULTRON database.
- To run the Application you need:
- active internet connection,
- device allowing for efficient browsing of websites (computer, laptop, smartphone, tablet or other similar),
- current operating system: Windows, Mac OS, Android or iOS
- In order to make the Christmas Card available on the social networking site Facebook, it is necessary to have a user account on this portal.
- The User bears all costs related to the transmission of data via the Internet connection according to the price list applicable to the Internet service provider whose services are used by the User. The User acknowledges that the costs related to data transmission depend on the size and quantity of photos sent. SMULTRON is not responsible in particular for the amount of fees associated with the transmission of data using a mobile phone (smartphone).
Termination of using the Application
- The User may terminate the use of the Application at any time. The cessation of using the Application does not automatically delete the content created by the User, in particular the Christmas Card made available on the social networks of third parties. Content created by the Application, including removal thereof, is the responsibility of the User.
- SMULTRON is authorised to take all permitted by law actions to limit or completely exclude the User’s ability to use the Application, if the User uses the Application in contravention of the Regulations, applicable regulations, in a manner inconsistent with Netiquette or if the User takes actions that violate personal rights and the legitimate interest of SMULTRON.
Prohibition of unlawful content delivery
- It is prohibited to provide any form of unlawful content, in particular, it is prohibited to provide (upload) photos that violate the rights of third parties, photos containing pornographic content and other illegal content.
- In the event of receiving official notification or obtaining a reliable message about the unlawful nature of data or related activities, SMULTRON will immediately block access to this data. In the event of obtaining a reliable message about the unlawful nature of the data, SMULTRON will immediately notify the User about the intention to prevent access to them.
- In the cases referred to in the above paragraph, SMULTRON shall not be liable to the User for any damage caused as a result of disabling access to this data.
- Use of the Application is voluntary and free. SMULTRON endeavours to ensure that the Application is available and functional for all Users during its planned operation, i.e. the holiday season of 2018. SMULTRON does not guarantee the continuity and smooth operation of the Application throughout its operation. In particular, SMULTRON is not responsible for:
- real damages or lost profits related to improper operation of the Application or disruption of its availability or functionality
- actual damages or lost profits caused by the User violating these Regulations or provisions of applicable law, including violation of third party rights by the User,
- applications, social networks and other online platforms whose suppliers are third parties,
- technical problems related to the ICT system or internet connection or devices such as laptop, computer, smartphone used by the User.
- The User acknowledges that the Application operates only during the holiday season and its nature is temporary, in particular the Application is not used for archiving photos or for professional editing. SMULTRON does not bear any responsibility for the removal of photographs provided by the User.
- Complaints related to the operation of the Application should be addressed via the contact form on the SMULTRON website: https://smultron.software/contact.
- The complaint should contain a detailed description of the problem and the contact details (e-mail address) of the User.
- The response to the complaint will be given within 14 business days since it was received. In the event that information from the User is incomplete and require additional explanation, the time for considering the complaint will be extended accordingly.
Personal data protection
- The administrator of Users’ personal data is SMULTRON.
- If SMULTRON obtains information about the User’s use of the Application in breach of the Regulations or applicable regulations, SMULTRON may process User’s personal data to the extent necessary to determine the User’s responsibility, provided that SMULTRON records the fact of obtaining and the content of these messages in accordance with Article 21 par. 1 of the Act on the provision of electronic services.
- These Regulations may be amended by SMULTRON at any time. The User is bound by the Regulations in force at the time the User used the Application. The current content of the Regulations is available on the Application page.
- The application and all content that it contains, including graphic elements, software code, technical solutions are the subject of the exclusive rights of SMULTRON.
- In the scope not covered by these Regulations, the provisions of the Act on the provision of electronic services and other provisions of the generally applicable law shall apply.
The regulations are effective since December 1, 2018.
Enjoy the game!