The services will be provided by Daftmobile sp. z o.o., with its registered office at Plac Europejski 1, 00-844 Warsaw, Poland (“Elympics” or “Company”). These Terms of Service (“TOS”) apply to services provided through the www.elympics.cc website and through its mobile version (the “Website”).These TOS represent a binding contract between you and the Company, and by creating an account or otherwise accessing the services offered through the Website, you expressly agree to be bound by them. If you do not agree to be bound by the TOS, you may not use or purchase the Services.
The Website is used to:
provide you with information about our business and services;
enable subscription to our newsletter;
facilitate contact with us.
collectively to be referred to as “Services”.
By using our Services, you attest that you are of 18 years of age or older and have a full legal capacity to enter into a binding agreement with us. You can access our Services free of charge through the Website or create a user account (hereinafter the “User Account”) . To create a User Account, you are required to provide a valid e-mail address and create a password. The minimum technical requirements to use the Website and our Services are as follows:
the most up-to-date version of one of the following browsers with enabled cookies and Java Script: Microsoft Internet Explorer, Mozilla Firefox, Opera, Google Chrome, Apple Safari.
You are only authorized to view, copy, print, and distribute (but not modify) the content on the Website.
Through the Website you are able to link to other websites which are not under the control of Elympics. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorsement of the views expressed within them.
The Services are subject to protection under applicable intellectual property legislation and by accepting these TOS you agree to abide by such provisions. Without our prior written consent, you may not download, copy or store Service content in any form outside of the Services and you may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, or perform any Service content. We are providing you with access to Services pursuant to a limited, non-exclusive, non-sublicensable, non-transferable, revocable license. This license is available to you as long as you are not barred from Services by applicable law and your account is not terminated by us or by you. If the TOS are not enforceable where you are located, you may not use the Services. The company reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.
Refund Policy and Complaints Procedure
If you are not satisfied with our Services or in case you encounter any problems, you can file a complaint in an electronic form by contacting our Customer Service team at firstname.lastname@example.org. Your complaint will be examined as soon as possible, in any case no later than within 30 days of the date on which the Company received your complaint. Your complaint should include the description of the issue you encountered and the preferred solution to your problem. Our response to your complaint will be sent to the e-mail address from which the complaint was sent or to any e-mail address indicated by you.
Canceling Your Account
While we hope you enjoy using the Services, you may cancel your account at any time by contacting Customer Service team at email@example.com. For information about the availability of refunds, please review the following paragraph - Payment Policy.
You may access parts of the Services for free, while other may require payment of subscription fees. This Payment Policy applies to users who have purchased one of the Services subscription plans and/or to individuals whose payment details have been used to purchase the Services.
Restrictions and Prohibited Uses
We expect, that our users do not misuse our Services. You shall not:
Attempt to impersonate another person or use another person’s User Account information without authorization;
Violate or attempt to violate Services’ security features, including logging into a server that you are not authorized to access, or probing the vulnerability of Service systems and networks;
Redistribute, decompile, reverse engineer, publish, or copy Services, Gaming Data or the Website;
Use Service for the purpose of creating a product with a substantially similar look, feel or design;
Access or search Services by any means other than our publicly supported interfaces (for example, “scraping”);
Interfere with others’ use and enjoyment of Services;
Use Services or any trademarks, game names, trade names, service marks, copyrights, or logos of the Company, in unsolicited mailings, spam material, contests or surveys, or to create the impression that such items are associated with you;
Violate any third party’s rights, including intellectual property or privacy rights;
Threaten, stalk, harm, or harass others; or engage in activity in connection with the Services that is fraudulent, abusive, defamatory, illegal or otherwise inappropriate or upload illegal or defamatory content through the use of Website or our services.
Engaging in prohibited uses gives ground for immediate termination of your account and may also expose you to civil or criminal liability.You agree that we may send communications to your email address for customer service, confirmations, newsletters, product offers and other matters.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE USE OF SERVICES IS AT YOUR OWN SOLE RISK AND THAT SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY AND ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Some jurisdictions do not allow the disclaimers in this paragraph, so they may not apply to you.
ELYMPICS STRIVES TO MAINTAIN SERVICES ON A COMMERCIALLY REASONABLE BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW CANNOT GUARANTEE THAT YOU WILL HAVE ACCESS TO SERVICES AT ALL TIMES.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY OR ITS AFFILIATES, OFFICERS AND/OR EMPLOYEES BE LIABLE WITH RESPECT TO SERVICES FOR (I) IN THE AGGREGATE, ANY AMOUNT IN EXCESS OF THE FEES PAID BY YOU TO SUBSCRIBE TO SERVICES; (II) LOST PROFITS, LOST DATA, OR FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE ARISING OUT OF YOUR ACCESS TO OR USE OF SERVICES; OR (III) ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.'YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. YOU UNDERSTAND THAT SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. Some jurisdictions do not allow the limitations in this section, so they may not apply to you.
To the maximum extent permitted by applicable law, you will indemnify and hold harmless Elympics, its affiliates, officers and/or employees, including by paying costs and attorney’s fees, from any claim or demand made by any third party due to or arising out of your access to Services, or the violation of the TOS by you.
Severability and Waiver. If any part of the TOS is held invalid or unenforceable, the remaining provisions of the TOS will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible. Either party’s failure to enforce any term or condition in the TOS is not a waiver of its right to do so later.
Governing Law. To the extent permitted by applicable law, the TOS shall be governed by Polish law. The parties shall seek to resolve all the disputes or conflicts which may arise out of or in connection with these TOS amicably. If you are located in the EEA, as a consumer you have the possibility to use the European Commission’s Online Dispute Resolution system available at: https://ec.europa.eu/consumers/odr/main/?event=main.home.show.
Change Policy. The TOS may be updated from time to time for an important reason, e.g. in case we materially change the way we operate or in response to legislative changes. If we make material changes, we will post the new version of the TOS on the website. However, you will be bound by the version of TOS which was in place when you purchased and downloaded our Services.
Miscellaneous. The TOS are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the TOS. If there is any conflict between the TOS and any additional terms, conditions, and rules posted by the Company on Services, the TOS shall govern, unless otherwise indicated.