AM Club Terms and Conditions
This document presents the general terms and conditions (hereinafter “the GTC”) of the download and free use or purchase (if applicable) of the Game made by ARTIFEX MUNDI S.A. (hereinafter “Artifex Mundi”). With respect to the download (where applicable) 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” means every game application developed and offered for free download or purchase by Artifex Mundi.
However, regarding the acquisition of fee-based additional content (e.g., virtual game currency), the user will be redirected to a third-party service. Should the user decide to acquire the fee-based content, the contract will be concluded by and between the user and the third party responsible for the payment.
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 or purchase of the Game (where applicable);
- the use of the Game and its content, where “the Content” means anything related to the Game’s services (e.g. forums), features, websites, etc.
- While use of the services, web presences, applications, features, or content and related further services is free of charge in principle, the user has the possibility to acquire the right to use special content for the Game from third contracting parties in exchange for payment (if required).
- 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 (artifexmundi.com/docs/mighty-machines/terms-of-service/en) in the GTC section or print and/or save them for their own records.
- Artifex Mundi is constantly developing the Game and the Content, and for this reason only the most recent version of the Game content is available for download. It is recommended that users always use the most up-to-date version the Game that is available. Artifex Mundi is not responsible for any consequences (e.g., direct or indirect losses of any kind) resulting from the use of an un-updated version of the Game.
- 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.
- Artifex Mundi can provide the user with communication possibilities. These may include in particular, but are not limited to, official forums on the websites operated by Artifex Mundi. Artifex Mundi exclusively provides the technical possibilities for such information exchange, but it does not guarantee them.
- It is not possible for Artifex Mundi to exercise direct control over all posted entries. Artifex Mundi is not in a position to ensure permanent online monitoring of the contributions of the visitors and members. Therefore, it does not assume responsibility for the content, the accuracy, or the form of individual posted entries. As an author, every user shall be personally responsible for their entry. The publication of illegal or offensive contributions and/or contributions that are liable to prosecution shall be expressly prohibited. Every user shall at all times be obliged to comply with the existing legal provisions arising, for example, from penal law, youth protection law, trademark law, copyright law, and the law on unfair competition. The posting of commercial advertisements in contributions in any form whatsoever (e.g., as text, a link, or by fading in banners) shall equally be prohibited. Artifex Mundi reserves the right to delete entries and to withdraw the write permission of individual users for a specific period or entirely. Furthermore, the protection of copyrights and third-party rights pursuant to Clause 9 of the GTC shall apply.
Clause 2: Conclusion of the Contract
- For each platform version of the Game, the steps leading up to the conclusion of the contract may vary depending on the app store (e.g., iTunes, Google Play, Amazon) and the platform (e.g., Facebook). The operation of downloading the Game from an app store and/or connecting the Game with a social media account on a platform shall additionally be governed by the conditions of use of the relevant app store and/or the relevant platform. Unless expressly stated otherwise in the app store and/or the platform, separate registration after downloading the application (via app stores) and/or after connecting the Game with the user’s own account (via platforms) shall not be required.
- The contract governed by the GTC shall only come into effect when the application is duly downloaded from the relevant app store and/or the Game is duly connected with the user’s own social media account on the platform.
- If there is also a possibility of connection with a social media account within an application, said connection is voluntary and does not constitute a prerequisite for the conclusion of the contract, unless a connection to such an account is necessary due to the requirements of the platform or the service.
- In cases in which separate registration is expressly required (in accordance with the Game’s description on the respective app store and/or the respective platform) for the conclusion of the contract, the following shall apply:
- if an email address is required for registration, the email address must belong to the user personally;
- registration with so-called trash mails shall be prohibited;
- if in the course of registration you are asked to choose a so-called nickname, it must not violate any third parties’ rights or the principles of social coexistence;
- only by completing the registration form does the user submit a binding offer to conclude a contract;
- in some cases, the user may receive an automatically generated email (sent to the email address the user has stated in the registration form); if so, this automatic email confirms that Artifex Mundi accepts the user’s offer;
- by registering, the user agrees that they have read and understood the GTC and they agree to be bound by them as they are the user of the Game and other services offered by Artifex Mundi;
- Artifex Mundi shall be entitled to refuse to confirm and to accept the registration without providing reasons.
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 conclusion of the contract may only be performed personally and must not be performed automatically or by a third party.
- For each of Artifex Mundi’s Games, the user is allowed to use no more than one account, although they may use it on different devices, but only on one at a time.
- The user undertakes to use their account solely for personal, non-commercial use. They may not use their account for any commercial purpose. The user may not attempt through any means to circumvent technological measures employed to control access to or the rights contained in any account or Content of the Game.
- The account shall not be transferred to any third party, neither in exchange for payment nor by way of donation.
- The user shall be prohibited from using the login data of another user.
- The user undertakes to keep their login data and especially their passwords strictly confidential and to protect them against unauthorized access by third parties. What is meant by “login data” and/or “passwords” is all letters and/or characters and/or number strings used to authenticate the user with the aim to exclude access by unauthorized third parties.
- If there is suspicion of abuse or the risk of abuse, Artifex Mundi shall be permitted to temporarily block the accounts involved until the suspicion has been eliminated.
- 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).
- For the avoidance of doubt, the GTC shall apply irrespective of whether the Game is offered as a mobile version (an app), a browser version, or a version for social media platforms. However, this does not mean that Artifex Mundi is obliged to offer the Game in all these platform versions, or that one platform version of the Game must be interoperable with another platform version of the Game (i.e., that the accounts for one version could also be used for another version).
Clause 5: Features and Payments
- The download of the Game, the connection of the Game with social media accounts, and registration (to the extent provided), as well as the use of the basic version of the Game and the Content, may be free of charge.
- Some items in the Game and virtual game currency can be collected and/or won free of charge in the Game. The special items and the virtual game currency can be used to activate in the Game so-called features, that is, additional individual services compared with the basic version (hereinafter „Features”). The exact description and functions of the respective Features are shown in detail on the Game’s website.
- In addition, there may be the possibility of acquiring virtual game currency and Features via the relevant app store or platform, subject to the regulations of these app stores or platforms that are in force.
- There is no obligation for the user to acquire virtual game currency and Features in exchange for payment.
- In addition, you may be able to purchase an automatically renewable subscription that unlocks or renews a Feature in the Game. The systems of the respective store platform are used for this purpose and said purchases are subject to its regulations.
- Artifex Mundi reserves the right to modify or cease to offer the nature, volume, and content of the Features, and the right to offer them in the free basic version.
- In exchange for payment of a fee, the user has the possibility of receiving Features and virtual game currency from Artifex Mundi.
- Unless expressly stated otherwise, the prices are to be understood as final prices including taxes and any costs incurred for credit entries and/or provisions (subject to country-specific modifications or deviations; these are explicitly announced on the relevant game and/or application websites and in the app).
- The relevant app store or platform shall be entitled to request payment in advance for the acquisition of virtual game currency. Payments for the acquisition of virtual game currency shall be due according to the binding regulations of the app store or platform through which the purchase is made.
- At the request of the relevant app store or platform, Artifex Mundi shall be entitled to temporarily block the account of a user as long as the user is in default vis-à-vis said app store or platform in respect of the payments for acquired Features or virtual game currency. The user’s obligation to pay the agreed fee remains unaffected.
- Playing options acquired within the Game by means of virtual game currency (e.g., objects, waiting time reductions, energy, etc.) as well as the virtual game currency itself and the Features cannot be returned; in this respect, there is no obligation for Artifex Mundi to reimburse the fee paid for the virtual game currency unless expressly agreed otherwise.
- Artifex Mundi shall not be obliged to reimburse the virtual game currency if the user terminates the user contract. This provision is without prejudice to the rules on the statutory right of revocation and its omission.
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 recognizes with respect to all communication possibilities contained in the Game and the Content that Artifex Mundi does not tolerate any news, posts, or other content that include the following:
- dirty words, vulgar or obscene expressions, or sexual content, regardless of whether express or implied;
- religious, political, or socio-political statements;
- offensive, defamatory, threatening, or otherwise annoying or harassing insinuations, comments, and/or images;
- names for characters or user accounts in the Game that are deemed to be improper according to the GTC; in this case, Artifex Mundi shall be entitled to delete such improper names or to proceed to renaming as a milder measure, in addition to the measures mentioned under Clause 8, Section 2;
- third-party material protected by copyright or trademark law without their express written approval;
- prompting of passwords and personal information of other users (e.g., last name, address, telephone number, date of birth, etc.);
- links to the commercial Internet pages of third parties;
- advertisements, including raffles, competitions, and/or other sweepstakes;
- cheat or hack programs, or information about and/or links to such programs or to Internet pages affirming that they have programs that misuse user passwords;
- any other information that, at Artifex Mundi’s discretion, is deemed to be age-inappropriate or unsuitable for the relevant Internet page.
- Users who post content shall be personally liable for ensuring that said content does not violate any rights, in particular the copyrights of third parties. Hence, the users shall be personally and directly liable for all claims from third parties. Should Artifex Mundi be held liable for content posted by a user, the user shall indemnify and hold harmless Artifex Mundi against and from any of the costs incurred due to the posting of said content to the extent that the user is to be held liable for the violation.
- Knowingly disturbing the dialogue between different users is prohibited (e.g., by interrupting a conversation between other members repeatedly, by annoying them, or by creating offensive images or hostilities). Messages that users send to each other in the Game are not private, but public. Therefore, users are requested not to exchange personal information such as email addresses, addresses, last names, telephone numbers, photographs, instant-message names, or the like. Artifex Mundi strongly recommends that users not disclose such personal data for reasons of self-protection. Should there be a suspicion that certain users are attempting to obtain the abovementioned personal data from other users, Artifex Mundi should be informed via email@example.com.
- Artifex Mundi emphasizes that full monitoring of the content posted by the users cannot be ensured. However, spot checks are performed, and the users additionally have the possibility of reporting violations by other users. Private messages shall only be checked if a participant in the communication reports them as a violation. Artifex Mundi will then carry out a check as quickly as possible and edit or delete the content if necessary.
- An entitlement to the provision of communication possibilities does not exist. In addition, the communication possibilities provided by mobile and platform versions of the Game may be limited compared to the browser version owing to technical and/or legal reasons.
- The user shall not be permitted to use programming errors (commonly referred to as bugs) to their own advantage. If a user detects a bug, they are required to report it by sending an email to firstname.lastname@example.org.
- 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.
- If a user violates any rules defined by the GTC, Artifex Mundi shall be entitled to block or to delete the relevant content, users, and/or characters of user in the Game, and/or to temporarily or permanently exclude the user from the continued use of the Game and/or the Content, and/or to delete their user account in order to protect other users. In this case, the user shall not be entitled to be reimbursed for any payment they have already made.
- The user shall not be entitled to receive compensation of any nature. Prior to initiating the abovementioned measures, Artifex Mundi may, at its sole discretion, inform or not inform the user to clarify or remedy the infringement.
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.
- Artifex Mundi expressly indicates the following: If a user offers their account or parts of it on the Internet for sale in exchange for payment, this represents an infringing act under copyright law and, if applicable, under labeling law to be prosecuted at the user’s expense, besides being a violation of the user’s essential obligations under the GTC.
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, and
- all information from the user’s account (items, characters, credits, etc.)
that is relevant to data protection legislation shall be deleted. This includes the user’s email address, among other things.
- After the user has fulfilled the requirements of Section 2, Artifex Mundi shall send an appropriate request to the relevant third parties requesting the removal of the user’s data.
- After successful termination, recovery of data is not possible. This includes items, characters, credits, etc. that are assigned to the user’s account.
- 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; 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.