This document presents the general terms and conditions (hereinafter “the GTC”) of the download and free use of the Game Demonstration made by ARTIFEX MUNDI S.A. (hereinafter “Artifex Mundi”). With respect to the download and the use of the Game, the user, acting on their own behalf, concludes a contract with Artifex Mundi, with its registered office in Zabrze at ul. Michała Archanioła 10, registered in the Register of Entrepreneurs under KRS number: 0000599733, Tax ID [NIP]: PL 6482765128.
“The Game Demonstration” (hereinafter “Game”) means every game application developed and offered for free download by Artifex Mundi that represents a portion of the final product and is distributed in order to gather the player feedback and data, that will help improve the final product.
Upon acceptance of the GTC, you agree that you have read and understood them and that you agree to be bound by them as the user of the Game and other services offered by Artifex Mundi.
Clause 1: Scope
- The GTC governs:
- the free download of the Game;
- the use of the Game and its content, where “the Content” means anything related to the Game’s services (e.g. survey), features, websites, etc.
- Artifex Mundi shall render its services exclusively on the basis of the GTC. The user can view the GTC at any time on Artifex Mundi’s website (https://www.artifexmundi.com/docs/Beta/gtc/en) in the GTC section or print and/or save them for their own records.
- It is the sole responsibility of the user to ensure that the hardware and software that they are using is suitable, up-to-date, and secure.
- Artifex Mundi offers the download or possibility of download of the Game from a third party as well as the use of the Game in its basic version. Certain features or versions of the Game are only available for an additional fee.
Clause 2: Conclusion of the Contract
The contract governed by the GTC shall only come into effect when the application is duly downloaded using the relevant source (email from Artifex Mundi or Artifex Mundi website).
Clause 3: The User’s Obligations
- The user assures that they are 18 (eighteen) or older.
- If the user is under 18 (eighteen), the conclusion of the contract and use of the Game and the Content may be performed after the prior consent of and under the supervision of a legal representative.
- The user assures that they are aware that the Game is not a final product and may contain limited, unfinished Content.
- The conclusion of the contract may only be performed personally and must not be performed automatically or by a third party.
- Manipulative interventions in the Game are prohibited. These include, in particular, the use of software and mechanisms that disturb the Game or that procure an unfair advantage for the user over fellow players, and the creation and/or use of hacks, mods, cheats, bots, data-mining tools, and automated browser plugins.
Clause 4: The Duties of Artifex Mundi
During the term of this contract, Artifex Mundi shall allow each user to participate in the downloaded Game free of charge (if applicable).
Clause 5: Features and Payments
The download and use of the Game is free of charge.
Clause 6: No Right of Revocation
Since the use of the Content, the services, web presences, applications, features, or content and related further services of the Game as such is free of charge for the user, a right of revocation shall not exist. The termination of the agreement shall be governed by Clause 10 of the GTC.
Clause 7: The Rules of the Game
- Any use and abuse of the Game and the Content for commercial purposes (e.g., advertising, political or religious expression of opinion, etc.) shall be prohibited.
- The user shall be prohibited from any action that causes excessive data volumes (traffic) or affects the course of the Game. In particular, the use of automated or semi-automated scripts that perform database queries or put mechanisms of the Game into operation shall be prohibited. Likewise, any manipulations of the data stored on the server shall be prohibited.
- Reverse engineering of the Game is forbidden.
Clause 8: The Right to Control
Artifex Mundi is the sole owner and/or licensor of the Game and the Content and is fully entitled to verify whether the conduct of the users of the Game and the Content complies with the GTC and to take suitable measures in the case of infringement. Artifex Mundi reserves the right to make unrestricted use of this right if it is deemed necessary.
Clause 9: Copyrights and Industrial Property Rights; Granting of Rights
- All copyrights, rights of use, and other intellectual property rights related to the Game and the Content rest with Artifex Mundi or are protected in favor of third parties. The user shall only be allowed to use the content made available to them within the scope of the Game and the Content. With respect to the Game, the user merely receives a simple, non-transferable right that must neither be transferred nor sub-licensed and is limited in terms of time to the duration of this contract and the installation and use of the Game on their own devices that have been enabled for the installation of applications from the relevant app store. The user shall delete the Game prior to any alienation of said devices as well as at the end of the contract.
- Without the express prior approval of Artifex Mundi, which is to be obtained in writing, no user shall be permitted to use, copy, save, process, decompile, reverse engineer, and/or distribute any content of the Game, including texts, images, graphics, characters, logos, pieces of music, sounds, sound sequences, videos, programs, source code, and other information outside the use of the Game and the Content of Artifex Mundi. The user shall be permitted to place a link on the Internet pages operated by Artifex Mundi to the extent that it exclusively serves as a cross-reference. However, Artifex Mundi reserves the right to revoke this permission. Regardless, the incorporation or representation of the Internet pages and/or the Game and the Content operated by Artifex Mundi in a partial window (frame) by means of a hyperlink shall not be permitted. Consequently, the placing of inline or frame links shall be considered as illegal use.
- The same applies to name rights and other labeling rights. Any use outside the Game and the Content, especially in commercial transactions, shall be prohibited without explicit written approval. This particularly applies to any merchandising articles.
Clause 10: The Duration of the Contract and Termination
- The user contract is concluded (in accordance with the conclusion of contract mechanisms described in Clause 2) between Artifex Mundi and the user for an undefined period of time.
- The user can terminate the contract at any time without notice and without giving reasons by:
- pressing the relevantly marked button (if applicable) in the Game and following the instructions;
- by sending an email to email@example.com with a request. Artifex Mundi will send the user an email requesting specific data.
- As a result of the termination: all information from Artifex Mundi’s databases that is relevant to data protection legislation shall be deleted.
- After successful termination, recovery of data is not possible.
- Artifex Mundi can terminate the contractual relation at any time without notice and without giving reasons, unless separate regulations provide otherwise.
Clause 11: Limitation of Liability
- Artifex Mundi shall in no event be liable for any damages, whether direct or indirect, special, incidental or consequential, arising out of the use or inability to use the Game. This includes, but is not limited to, lost profit, hardware or software damage, stoppage or malfunctioning, and work stoppage. This in particular means that the liability of Artifex Mundi based on contract, tort, or other legal theory is excluded to the greatest extent permitted by law. However, local legislation may grant you certain consumer rights that cannot be excluded by the provisions of the GTC. In the event of a discrepancy between the GTC and statutory consumer rights, such rights shall prevail.
- The Game and the Content are provided on an “AS IS” and “AS AVAILABLE” basis. The Game is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.
- Artifex Mundi, its subsidiaries, affiliates, and its licensors do not warrant that: a) the Game will function uninterrupted, securely, or be available at any particular time or location; b) any errors or defects will be corrected in the final product; c) the Game and the Content are free of viruses or other harmful components; or d) the results of using the Game and the Content will meet the user’s requirements.
Clause 12: Data Protection; Type, Extent, and Purpose of the Collection, Processing, and Use of Personal Data
- Artifex Mundi complies with data protection regulations at all times.
- The administrator and data processor of the personal data that users have given to Artifex Mundi is ARTIFEX MUNDI S.A., ul. Michała Archanioła 10, 41-800 Zabrze, Poland, phone: +48 32 747 04 47, email: firstname.lastname@example.org
Clause 13: Final Provisions
- Regulations or general terms and conditions rules governing provisions different from the GTC must be approved in writing by Artifex Mundi.
- Artifex Mundi is entitled to change or update the GTC whenever it deems necessary. In the case of changes, it will make the updated GTC available online. Any changes to the GTC will become binding as of 30 days from it being published online. If the user does not agree to the changes, they will be asked to cease the use the Game and the Content.
- If Artifex Mundi fails to enforce any right or provision of the GTC, it will not be considered a waiver of those rights. If any provision of the GTC is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.
- The GTC shall be governed and construed in accordance with the laws of Poland, without regard to its conflict of legal provisions.
- The place of jurisdiction for all disputes shall be Zabrze, Poland, irrespective of the user’s place of jurisdiction. Artifex Mundi shall be entitled to sue at the user’s place of jurisdiction.
- The European Commission offers an Online Dispute Resolution (ODR) Platform at http://ec.europa.eu/consumers/odr/. Consumers can use this platform to resolve disputes. However, Artifex Mundi is neither obliged nor willing to participate in a dispute resolution procedure before a consumer mediation entity.