Terms of Service 3dc.com of 1st July 2013
Article 1 - General Provisions
1. These Regulations are the rules referred to in Art. 8 of the Act of 18thJuly 2002 on Electronic Services (Journal of Laws No. 144, item. 1204).
2. Regulations define the rules for the operation and use of the website 3dc.com services,which is provided by electronic means.
3. These Terms and Conditions together with the legal regulations in force in the territory of Poland shall exclusively define the rights and obligations of the Members of the Service as well as the rights, duties and responsibilities of the Entity operating the Service.
4. Entity operating the Service is 3dc limited liability company, registered in the National Court Register under the following number KRS 0000386138, NIP: 9512338787, REGON: 142 932 340, with the office registered in 02-796 Warsaw, at 1/95 Wańkowicza St.
5. The servicessuppliedelectronically through the website which these Terms and Conditions refer to, provide the Users with the access to a 3D virtual world which allows for communication and interactionwith the website Users, as well as other functions included in its resources.
6. The User may contact the Entity operating the Service by sending an e-mail to: firstname.lastname@example.org.
7. Each User is required to read the Regulations and abide by its provisions,as well as by the regulations in force in the territory of Poland and in the country where you reside when using the Service.
Article 2 - Definitions
The terms used herein shall have the following meanings:
1. Service - Internet service available at the following e-mail addresses: http://www.3dc.pl and http://www.3dc.com, together with all its sub-pages and functions run by the Entity operating the service.
2. Service Operator / Service Provider - 3dc limited liability company, registered in the National Court Register under the following number KRS 0000386138, NIP: 9512338787, REGON: 142 932 340, with the office registered in 02-796 Warsaw, at 1/95 Wańkowicza St.
3. User / Client - a person with full legal capacity,who by registering on the Website accepts these Terms and Conditions and hence gains the access to the Services. The User can also be a person under age and / or not having full legal capacity, on condition that she has obtained a formal consent of the legal representative.
4. Account - a place on the Website which is available after registration and after logging in, where the User can enter, modify and delete her data, descriptions, photos and other content related to the use of the Service.
5. Profile - a place on the Website where data entered by the User is published.
6. Profile Name - individual and unique name (login) selected by the User.
7. Private Message–a message sent by another User or Service Operatorthrough internal message system.
8. Administrator - the persons designated by Service Operator, representing the Service and responsible for its supervision.
9. Services - services, functions and resources which are integral part of the Service and are accessible to Users.
10. Paid Services - Services for which the Service Operatorreserves the right to charge an additional fee.
11. Credits - special payable points awarded by the Service. These points can be exchanged for the Paid Services.
12. Regulations - these Terms and Regulations.
13. Content - photos, texts and other content posted on the Website by Users.
Article 3 - Technical conditions of Service
1. The Service Operatorshallprovide the Userswith the access to Website together with all the services and functionsincluded in the Service,as well as use her best efforts to ensure the continuous and trouble-free access to them within the scope of technical and operational capabilities.
2. Use of the Service can be performed from a personal computer connected to the Internet via dial-up modem, ISDN, DSL or other equivalent connection. In addition, it is possible to use the Servicewith a variety of other ports tooled with internet reception, whereupon the range of functionality and / or visualization may be limited accordingly.
3. In order to use the Website a User shall obtain relevant software, including a program suitable to browse the Website that accepts the cookies and electronic mail (e-mail) account.
4. Use of the Services and the full functionality of the Serviceis possible only after the installation of third-party software Unity Web Player.
5. The User is solely responsible for updating and appropriateness of the hardware and software she uses.
6. The Service Operator reserves the right to place the cookies on the Users'personal computers, as well as other files enabling proper operation of the Servicethat are to be automatically stored on the Users computers’ hard drives to enable proper operation of the Service.
7. The Service Operatorreserves the right to introduce new Services, change, remove, temporarily disable or limit the functionality of the Services (eg disable access to the Service, disable, modify or limit the functionality of the individual services), without prior notice to the Users.
8. User shall understand that the use of an anti-virus software and ad blocking software may impair the operation of the Service or even completely prevent her from using it.
9. No User has the right to use means, mechanisms or programs that may cause problems and disruptions in the functioning of the Service. Users are not permitted to take any action that could cause an excessive burden on the technical capacity of the Service’s servers.
10. It is strictly forbidden to use viruses, bots, worms or other computer codes, files or programs (in particularthe ones that automatescript processes and applications or other codes, files or tools).
Article 4 - Registration and Rules of using the Service
1. Registration is free of charge.
2. The process of Registration will create an Account on the terms and conditions set out in these Regulations, and therefore anticipates that the User is familiar with its content, and has accept it in its entirety.
3. Successful Registration requires correct completion of the registration form located on the Website.
4. During the Registration process, the User is obliged to provide current and accurate personal information and to update them if any changes occur.
5. Upon Registration and acceptance of the Website Regulationsthe User allows for the processing of personal data in accordance with the Act of 29thAugust 1997 on the Protection of Personal Data and the Act of 18th July 2002 on Electronic Services, as amended. (Journal of Laws of 2002 No. 144, item 1204).
6. Upon Registration and acceptance of the Website Regulationsthe Userallows for the processing of the stored data (including email address) for marketing purposes, information, statistics and publications in the media such as the Internet, newspapers, radio, television, mobile telephony and fixed line.
7. Data reported by the User herebyconstitutes to open information that can be made available to the public within the activity performed by the Service. In particular, data can be available to Internet users and therefore indexed by search engines, which User is fully aware of and on which she agrees.
8. User can configure the type of open content accessible to the public by editing your privacy settings in the User’s Profile.
9. Upon the completion of the Registration process the User enters a contract concluded for unspecified time which entitles her to useindividually selected free services as well as Paid Services on voluntary basis.
10. The Entity operating the Service does not include individual contracts with users. All Usersare entitled to benefit from the services provided on the Website only under the terms of these Regulations.
11. Registered User of the Service shall have the right to:
- havea Personal Account and Profile on the Website,
- change and remove data using the Profile tool edition,
- view the Profiles of other User’s,
- send Private Messages, as well as post commentaries ofProfiles and pictures,
- communicate within the forum, chat and groups.
12. All the activities contrary to good manners are prohibited.
In particular, it is not allowed:
- to use bad language and phrases commonly regarded as offensive, or violating dignity,
- to post pornographic Content,
- to promote other websites,
- to post the same content repeatedly,
- to use the software generating inquiries in the Service system (bots),
- to violate the commonly accepted code of behavior on the Internet,
- to send spam,
- to insert any commercial information or Content without the formal written permission of the Entity operating the Service.
13. Uploading any unlawful content, unreal information or any Content violating legal regulations in force in Poland is strictly prohibited.
14. Any actions that may hinder or destabilize the Website or expose the Service to the loss of goodwill or reputation are forbidden. If the User performs such actions, the Service Operator is entitled to immediately deactivate or delete given Account / Accounts. User’s actions that attempt to destabilize the Service may also be considered a criminal offense, in particular within the meaning of the Criminal Code.
15. Users are not allowed to use the Website for any commercial purpose or research, in particular that of conducting research, analysis, public opinion polls, as well as use the Website in a manner inconsistent with these Terms and Conditions.
16. When the Userencounters an error in the system, she agrees not to use nor pass onto other Usersany information about the error, which could aim at obtaining any unfair advantage. User undertakes to immediately notify the Website Administrator of the detected error.
17. Using the Service is tantamount to acceptance of these Terms and Regulations in its current form.
Article 5 - Account and Profile
1. Using the Account in the Service is voluntary and free of charge (excluding Paid Services).
2. User may have a maximum of two Accounts on the Website.
3. Passing a password to the Account to a third party is prohibited.
4. User is responsible for maintaining the confidentiality of her password. TheWebsite is not responsible for the loss of the user account password and ProfileName, and the subsequent actions performed with the use of such data.
5. The Accounts may be used only by the particular User who is solely and individually entitled to them. It is forbidden to set up and share the accounts by two or more persons at the same time.
6. User of the Account undertakes to refrain from performing any activities prohibited by law, in particular the activities forbidden and prohibited under these Regulations.
7. In the cases of violation of the Terms and Conditions, User's Account may be temporarily or permanently suspended or even removed. Block or removal can be applied to all User Accounts.
8. Blocked Accounts cannot be deleted by the User.
9. Accounts not used for three months since last login can be removed.
10. User’s death automatically terminates the contract with the Service and removal of the Account.
11. User has the right to cancel the Account herself through the given Account or by contacting the Website Administrator.
12. User acknowledges and agrees that the removal of the Account is equivalent to the termination of the contract pertaining to the WebsiteServices.
13. User acknowledges and agrees that the removal of the Account is equivalent to the irretrievable loss of all data accumulated and stored within the account.
Article 6 - Services and Credits
- The User mayuse additional Paid Services provided by the Website, which are not available in the free version.
- Access to Paid Services Service is available through the purchase and subsequent use of the Website Credits.
- In order to buy Credits, one shall use an option in the appropriate tab of Personal Account.
- Credits can be purchased through bank transfer, credit card or by sending a text message (SMS) using the payment system provided by the Service.
- Each time, before buying the Credits, please familiarize yourself with the prices presented bya particular form of payment. Upon issuing the payment, the User henceforth accepts the prices and these Terms and Conditions, as amended.
- When required by the payment service operator, the User undertakes to disclose her authentic personal data while purchasing the Credits.
- This Service is not responsible for incorrect data provided by the Userwhile purchasing the Credits.
- Credits may be purchasedonly by an adult or a person having a parental consent (issued by legal guardians).Purchase and use of the Paid Services by the minor amounts to a clear assurance that she is in possession of the necessary resources required to settle the payment, or that the resources have been transferred on her behalf.
- Credits become available in User’s Account after the payment has been successfully transferred.
- In case of errors during realization of purchase, the Usershould immediately contact the Website Administrator.
- Service is not obliged to issue a VAT invoice for individuals not engaged in business activities within the meaning of the Act on Tax on Goods and Services, specifically Art.106 paragraph 4 of this Act. If the Userwishes to receive an invoice, she shall contact the Website Administrator within the statutory time period required for issuing the invoice and submit the relevant data, along with the address of electronic mail (e-mail) where the VAT invoice will be sent in electronic form, in accordance with applicable provisions of law.
- Usercan exchange Credits for Paid Services. In each case the User should get familiar with the amount Credits charged for a particular Paid Service and functionthat will bereceived in return. It is not possible to reverse the transaction. The User takes full responsibility for it and will not claim any intervention from the Service, or Credit refund in case of the wrong or mistaken transaction.
- There is no possibility to exchange Credits for real money (or any money equivalent), even if the User does not use all the possessed Credits.
- The Service reserves the right to change the prices of Credit purchase without giving any reasons. Current and valid prices are always visible on the Website.
- The Service reserves the right to change and adapt Paid Services exchanged for a given amount of Credits, in accordance with the current needs of the Service, without giving reasons. In each case, however, the actual amount of the collected Credits is shown on the Website. If doubts occur regarding this matter, the User should withdraw from the transaction and contact the Website Administrator.
- Website reserves the right to offer new and / or revised Paid Servicesat any time. Due to the continuous updating of the Service, Website reserves the right to withdraw some of the Paid Services and / or to offer them in the form of free services. If the Userhas issued a payment for a Paid Service for a time period set in the future and cannot use it because the service is notvalid and / or available as a free service, the User is not entitled to receive a refund or return of the Credits, unless the Servicestates otherwise.
- The User acknowledges and agrees that the transactions performed via Credits on the Website are only virtual transactions. In particular, these are not offers and commercial transactions within the meaning of law. The User will not claim for any damages or reimbursement of costs in relation to these transactions.
- The contents of the User'sAccount, including all of the Credits accumulated in the Game which the User is authorized to use under the provisions of these Regulations, is the property of the Service. The contents of the User’s Account cannot be used in any other way beyond the Game, exchanged for any means of payment, or be traded amongst the Users or other persons, excluding interactions stipulated and approved by the ServiceOperator.
- When the Website terminates the delivery of the services, the Userswho have purchased Paid Services are not entitled to any reimbursements. This also applies to the Credits, even if they have not been used within the Service until the time of termination.
- The Service reserves the right to reclaim Creditsacquiredunlawfully, for example by taking advantage of an error in the Website. The Usershould immediately report such fact to theService Administrator, and in the case of suspicion of intentional conduct for the purpose of taking advantage of an error in the Website, the Account may be deleted.
- Loss of access to the Account on the Website, e.g. by loss of the password and subsequently the access to the email address provided during Registration, is understood as an irreversible loss of access to this Accounttogether with available Credits, without reimbursement of costs.
Article 7 – Complaints
1. User is entitled to lodge complaints and grievances regarding provision of Services by the Website.
2. Before filing a complaint, asking a question or reporting the problem, the User is required to familiarize herself with the content of responses available in the FAQ section of the Website.
3. All complaints should be submitted by e-mail to the following address: email@example.com.
4. Unless otherwise stated in the Regulations, the Service will contact the User by e-mail. The User shall ensure that her mailbox has been regularly checked for messages received from the Service.
5. The User submitting the complaint must provide a detailed description and reason for the reported complaints together with the Profile Name. The complaint should also specify the e-mail address (e-mail) to which the response of the Service shall be directed. The complaint which does not contain relevant information mentioned above may be left without consideration.
6. Complaints will be dealt with by the Service within 10 days from the date of filing the complaint form. Service reserves the right to leavea complaint without consideration if it results from ignorance of the provisions of these Regulations or the regulations of law.
7. User willbe informed about the method of handling complaintby e-mail sent to the e-mail address (e-mail) provided when submitting the complaint.
8. The Service reserves the right to interfere in the User’s Account in order to remove irregularities in the functioning of the Service or problems in the functioning of the User’s Account, especially when the above mentioned irregularities have been the subject of the complaint.
9. The Website is not responsible for the actions of third parties, such as banks, Mobile Network Operators, etc., as well as the wrong or mistaken transactions proceededby the User.
10. The rights and obligations of the Service and its Users are regulated by the Polish law regulations in force and the provisions of these Regulations.
11. The competent court for the settlement of any disputes arising in connection with the use of the Websiteis the court competent for the Entityoperating the Service. The Entity operating the Service is also entitled to bring an action in the court competent with respect to the User’s residence.
Article 8 – User’sContent
1. Userbears full and sole responsibility for content of all Contentposted on the Website, in particular, photos and written messages within the whole website, posted on the forum and sent as private messages.
2. Through posting theContent the Useragrees to their inclusion in the Website in order to make them accessible to other Users and the people who use the internet. The User declares that she does not claim on this account any fees, in particular, from the Website.
3. User undertakes to have full rights to the Content posted on the Website, and in case when a third partyis present in the postedContent, the relevant permission of the involved party.
4. Service is not responsible for any unauthorized use of the Content posted on the Website by third parties. In such cases all the responsibility lies upon the User.
5. It is prohibited to place commercial Content without the consent of the Service.
6. Service Administrator is not responsible for Content posted by Users, nevertheless Administration will eagerly endeavor to remove / block content which are incompatible with theseRegulations when they obtain information about such Content posted on the website.
7. Service Administrator has the right to verify the authenticity of the content at any time by requesting theUser to provide a legal entitlement to theContent.
8. Service Administrator has the right to modify, reduce and / or compress the User’sContent without prior notice.
9 Service Administrator has the right to remove any Content without submitting an explanation.
10. Failure to follow the Service Administrator’s instructions in connection with posting the prohibited Contentwill result in the removal of the account.
Article 9 - Processing and protection of personal data
- Upon Registration theUser agrees that the Service Operator has the right to transfer and process her personal data, as laid down in theseRegulations.
- Personal data Administrator is the Entity operatingthe Service, who processes the Users’personal data in accordance with the provisions of law, particularly included in the Act of 29thAugust 1997 on the Protection of Personal Data (unified text. Journal of Laws 2002, No. 101, item. 926, as amended.), and the Act of 18th July 2002 on electronic services (Journal of Laws No. 144, item. 1204, as amended.).
- The Entity operating the Service processes the User’s personal data to the extent it is necessary to perform the following: start, design the content, change, terminate and ensure the proper delivery of the Services provided by electronic means, as well as to settle down payments.
- For the purpose of providing the Service, Operatorprocesses the Users’ personal data, such as Profile Name and password, e-mail address (e-mail), name and surname, sex, date of birth, age, the computer's IP address.
- User may entrust the Service other personal information by posting it on the Profile.
- User has the right to access personal data being processed at any time.
- Usermay at any time add, change, or delete data stored on the Website, as well as require adding, amending, or removal of other personal information processed within the provided Services, without prejudice to any personal information which the Service shall remain entitled to process under the relevant provisions of law. User’srequest to removethe data is tantamount to removal of the Account.
- Service reserves the right to disclose selected data and information about the Userto the authorities or third parties which have made the request to disclose such information and data, based on an appropriate legal basis.
- Paymentand Transaction Services proceeded within the Website are supported by Xsolla Inc., which is subsequently entitled to process and store Users’ personal data, which are necessary for the efficient execution of payments.
- The Service reserves the right to process anonymous data which do not allow for the unambiguous identification of a particular person, in particular gender, age, origin, and other similar information, as well as data on weekly, monthly and annual use of the Service and the User’s statistics. These data will not be combined with data of personal nature related to Users, nor be compiled with data which could enable to identify them. This type of information will be used by the Service solely for the purpose of improving the quality of services.
- User’s data will be stored for the period no longer than is necessary in the scope of the consent given by the Userunder these Terms and Conditions, and will then be removed from the system.
Article 10 - Liability
- The Entity operating the Service may cease to provide the services or change the contents of the Service at any time, for any reason, with or without prior notice, without liability.
- The Entity operating the Service is not responsible for disruptions in the functioning of the Website if they occur as a result of events which Service Operatorcould not foresee nor preventwith due diligence, such as: acts of God, third parties’ / entities’ interference, including Internet service operators, electronic payment services, force majeure (a disaster, misfortune).
- The Entity operating the Serviceis not responsible for the disruptionsin the functioning of the Websitecaused by the failure of hardware, software, databases, or unlawful interference of the Users, even if such disruptions result in the loss of data stored on the Website.
- The Entity operating the Serviceis not responsible for the temporary loss of access to the Website or its services, resulting from introduction of changes and improvements to the Website. Users will be notified of technical breaks and their duration.
- The Entity operating the Serviceis not responsible for Content posted on the Website by the Users. Users who post information which content violates the law, or the law protectingthird parties’ property, may in this respect suffer civil or criminal liability.
- The Entity operating the Serviceis not responsible for the content of Private Messages sent by users. Users sending messages which content violate the law or the law protectingthird parties’ property,may in this respect suffer civil or criminal liability.
- The Entity operating the Serviceis not responsible for the claims related to publications of data that have been put forward by other persons, in particular pictures or images of these people. The responsibility for this lies utterly upon the User who has posted the disputable content on the Website.
- The Entity operating the Serviceis not liable to the Users for any direct or indirect losses or damages, including however incurred loss of data, profits, revenues, or undertakings, except for damages resulting from willful misconduct or gross negligence of the Service Operatoror its employees. The Entity operating the Serviceis also not responsible for any failure in the performance of its obligations under these Terms and Conditions caused by circumstances for which it is not held liable under the provisions of law.
- The Entity operating the Serviceis not responsible for damages incurred by the User as a result of using the insecure personal computer which lacks virus protection and has been connected to the Internet, in particular, for breaking into the system and electronic account (E-mail) used by the User, overtaking User’s password or Profile Name by the third parties, as well as infectingthe User's computer software by the virus.
- The Entity operating the Servicenot responsible for damages caused by improper use of the Website by the User, in particular resulting from ignorance of the provisions of theseRegulations.
- The User bears full responsibility for breaking the law or damages resulting from the use of the Website, in particular for providing unlawful data or incorrect personal information, disclosingconfidential business information or other confidential content, invadingprivacy, copyright or related rights.
- The Entity operating the Serviceinforms while using the Website with the provided services one should exercise no less care than in case of activities conducted outside the Internet environment. The User is kindly required to take into account that while Users are bound by the provisions of theseRegulations, they may provide false information or undertake other unreliable, misleading or even illegal actions. Furthermore, it should be remembered that Usersmay not necessarily be the individuals who they claim to be on the Website. The Service Operator shall not be held liable for any damages resulting from such actions.
- Use of the services provided by the Website is at the sole risk of the Users. Therefore, to the extent permitted by provisions of law, the Service Operator, Service Administrators, Service suppliers and employees shall be exempt from any liability arising out of, or connected with the provided services or Content submitted by the Users or any third parties.
- The User is responsible for any damages suffered by the Entityoperating the Service connected with court proceedings, claims or expenses incurred as a result of breach of these Regulations by the User, or any electrical device used by the User for the purpose of using theService.
Article 11 - Copyrights
- The Entity operating the Service indicates that it holds the right to intangible assets in the form of graphic design of the Website, the Service structure, computer software underlying the operation of the Service, as well as all the company signs and Entity’s trademark used within the Service, and these goods are protected under the provisions of the Act of 4thFebruary 1994 on Copyright and Related Rights, the Act of 16th April 1993 on Unfair Competition, and the Act of 30th June 2000 on Industrial Property Law, EU Law and other legal international agreements binding on Poland.
- Services offered in the scope of Website activities, including Paid Services are intended solely for entertainment purposes. They may not be used for the purpose of any business, or economic activity. In particular, prohibited are: sales of the registered Users’ Profiles, sales of Servicefunctions and resources, delivery of the services to other Users of the Website, insofar as they involve financial transactions carried outside the Service.
Article 12 - Final Provisions
- Regulations come into force on the date of publication and are available on the Website.
- Service reserves the right to change Terms and Conditions at any time, for any reason and without submitting explanatory notes. The last introduced change will be indicated at the beginning of the Regulations and on the site which allows the Users to logging into the Website. In special cases, the Userswill also receive a message that will be visible after logging into the Accounts.
- The Entity operating the Service reserves the right to transfer all or the part of the rights and obligations included in theseTerms and Conditions to any third party or conclude retrospective subcontract agreements with the relations to those. User may not, without the written consent of the Service Operator, assign or waive the rights and obligations under these Terms and Conditions.
- Before each login to the Website, Usershould check that these regulations have not been changed or amended.
- Logging into the Service and usingthe Website is equivalent with the acceptance of all current Regulations.
- If User does not accept the amendments to the Regulations, she should refrain from logging into the Website, and immediately inform the Operator of the Service about this decision.
- Invalidity of a provision included in Regulationsshall not affect the other parts of it. If any doubts occurwith the relation to this matter, Service Operator undertakes to replace the invalid provision with another provision, reflecting as closely as possible the intended purpose of the invalid provision. The user will be informed of this change on the regular basis.
- In matters not regulated by these Terms and Conditionsand the other detailed regulations possibly used by the Service in relation to delivery of specific services, relevant provisions of Polish law shall remain mandatory, in particular the provisions of the Civil Code, the Act on Copyright and Related Rights and the Act of 18th July 2002 on the Provision of Services by Electronic Means, as amended. (Journal of Laws of 2002 No. 144, item 1204).