Terms of Use

1. General Provisions

These Terms of Use were drawn up on the basis of legal provisions in force on the territory of the Republic of Poland. It sets out rules for use of a Game produced by Picadilla Games sp. z o.o. sp. k. The Terms of Use determine rights and obligations of the Users benefiting from the Picadilla’s Game, as well as define the rights and obligations of Picadilla.

The name of the Game, its concept, graphic design, logo, graphic elements, trademarks, software, database, presented content, remain property of Picadilla and are subject to legal protection.

Using Picadilla products requires knowledge and acceptance of the following Terms of Use. The user obligates himself to follow them.

2. Definitions

The terms used in the Terms of Use shall have the following meaning:

Picadilla – Picadilla Limited Liability Company Limited Partnership registered in the National Court Register – register of entrepreneurs maintained by the District Court for Wrocław Fabryczna in Wrocław (Poland), VI Division of the National Court Register under KRS number 0000373202, NIP: 895-198-65-71, REGON: 021417784, the share capital of Company: PLN 1 014 000;

Terms of Use – this document setting rules and conditions for the use of Games, in particular rights and obligations of Users and Picadilla.

Game – computer program made by Picadilla, in particular computer program shared through the Internet via Publishers.

Agreement – an agreement for the provision of electronic services concluded between the User and Picadilla upon acceptance of the Terms of Use by the User, of the content corresponding with the Terms of Use;

User – means any natural or legal person (including organizational unit without legal personality, where legislation confers the legal capacity,) which uses Game made available by Picadilla.

Service – Picadilla provisions for the User related with Game functioning.

Payable Services – all services for which Picadilla charges the fee, especially in the form of internal currencies of Publishers.

Publisher – platform, especially social networking service where Games shall be placed.

External entity – natural or legal person cooperating with Picadilla.

Contents – information, which the User places with Publisher and in the Game on a voluntary basis.

User Account – account registered with one of Publishers cooperating with Picadilla, by means of which the User uses the Game.

Picadilla account – server space provided by Picadilla for the User, by means of which the User enters the content in the Game.

Virtual Goods – all virtual objects bought or obtained within the use of Game.

Fault – every event or circumstance, for which Picadilla bears sole responsibility, which cause, that Payable Service may not be used by the User in accordance with its purpose.

Complaint notification – report of Fault or failure to execute Paid Service by the User of the Game.

Replacement provision – provision, which properties, purpose and price correspond to properties, purpose and price of Payable Service affected by Fault or Payable Service, which has not been executed by Picadilla.

3. Technical Requirements for the use of the Game

  1. The Game is owned by „Picadilla Games spółka z ograniczoną odpowiedzialnością spółka komandytowa (limited liability company limited partnership)”, ul. Ofiar Oświęcimskich 17, 4th floor, 50-069 Wrocław, Poland.
  2. Picadilla’s activity includes mainly:
    1. providing Services to the Users of Publishers
    2. providing Payable Services.
  3. In order to use the Game it is required:
    1. possibility of handling flash animations, cookies acceptance and JavaScript enabled web browser.
    2. having an active User Account at one of the Publishers, where Picadilla provides the Games.
  4. The User is aware, that using software such as Adblock Plus or Flashblock may cause malfunction or completely prevent the use of the Game.

4. Rules of using the Game

  1. Individual elements of the Game, especially the name, concept, graphic design, logo, set-up, software and contents along with other technical solutions and database are protected by law. The User may not copy, modify, or use any of its components for other purposes than those associated with the correct use of the Game.
  2. The User shall be obliged to use the Game in accordance with applicable law, social and moral norms and the provisions of these Terms of Use, and without disrupting the operation of the Game.
  3. Upon acceptance of these Terms of Use the Agreement shall be concluded for an indefinite period.
  4. By accepting the Terms of Use, the User first of all agree to:
    1. respect the copyrights and rights under the registration of inventions, patents, trademarks, utility and industrial models owned by Picadilla and External Entities;
    2. refrain from any action that might hinder or interfere with the functioning of the Game, as well as acts concerning in particular the destruction, alteration, removal, damaging, obstruction of access to the Game of other Users;
    3. refrain from any actions that are used for fraudulent obtaining from other Users their passwords and identification data, especially in a broadly defined commercial purposes or illegal purposes;
    4. refrain from any actions that would violate the privacy of other Users, first of all involving the collection, processing and distribution of information about other Users without their explicit consent, except when such activities are consistent with the legislation and provisions of these Terms of Use;
  5. As part of the Game it is prohibited to use interfering programs (particularly such as viruses, bots and other harmful software) or automating in any way the use of Service, in order to obtain better results.
  6. It is prohibited for the Users to provide illegal Content (in particular obscene or likely to offend the feelings of other people, including religious and political feelings, and any other violating law.
  7. The User may not use the Game for its own, non-game purposes especially commercial activities, advertising, promotion, etc. as well as sending unsolicited commercial communications (spam).
  8. By using the Game, the User also makes the following statement:
    1. I accept and agree to remove by the Service Provider, in particular, Content placed by me on this site and other information which are inconsistent with this Terms of Use especially those referred to in paragraph 5 of this point;
    2. I accept and agree to block access to the Game in case of breaking the Terms of Use;
    3. I accept and agree to remove the existing result in the Game in case of breaking the Terms of Use;
  9. The Virtual Goods acquired in the Game can not be sold for real money and can not be exchanged for other Goods outside the Game.
  10. Every User can possess only one (1) Picadilla Account with the Publisher. Creating by the User more than one Picadilla Account require prior consent granted by Picadilla. It is prohibited to share your own Picadilla Account with other Persons, and to use Accounts owned by other Persons. It is also prohibited to resell Picadilla Account to other Persons.
  11. Picadilla Game User can be any natural person who has accepted the Terms of Use of the Publisher.

5. Payable Services

  1. Usage of Payable Services is possible not earlier than after the correct activation of Payable Service. Costs associated with activation are determined each time prior to conclusion of the sales contract, directly within the Game.
  2. Prices and availability of Payable Services are subject to change without notice to the User.
  3. Payment Options and prices can vary depending on the Game; country of the User; Publisher which makes Game available, as well as technical possibilities of payment options. Picadilla reserves the right to change payment options at any time during the Service.

  4. The user ensures that all information provided in the payment transaction (including bank, credit card number and text message content) are complete and correct.
  5. By making the hereby activation the User states that he agrees to start providing Payable Services upon its activation, therefore, the User is entitled to withdraw from the sales contract within 10 (say: ten) days from the date of its conclusion, without giving a reason.
  6. In the case of cancelling the Agreement the possible return of free monies located on the User account shall always take place and only after receiving by Picadilla the letter with return request sent to the Picadilla by registered mail to the address: Picadilla Games sp. z o.o. sp. k. ul. Ofiar Oświęcimskich 17, 4th floor, 50-069 Wrocław, Poland.

The following items shall be at least included in the letter: bank account number, where the refund should be transferred; the name and address of the account owner; personal signature of the User applying for the return. The refund shall take place not later than 14 days from receipt of the proper content of the letter, on condition that the returned amount shall be sufficient to cover administration costs of refundation, which shall always be deducted from the amount returned. Amount of administration costs of refundation is § 7.

6. Third Party Advertising

  1. Part of the Game (or whole) can be made available to external entities to advertise their services via the Game.
  2. By using the Game, the User can use the functionalities provided by external entities.
  3. The Games may contain links to third party websites. External entities may send invitations to the Game Users to participate in promotional offer. In return for use of the external entity promotional offer the Game User can receive benefits, in particular additional Virtual Goods or a certain amount of virtual currency in the Game.
  4. Picadilla makes no representations or warranties as to the content, goods provided by External Entities (even if they are related with the Game);
  5. Picadilla shall not be liable for any claims in relation to the content or goods shared by external entities. External Entities are not controlled by Picadilla, and may also ask the Game Users to provide personal information in order to implement the service.

7. Complaints

  1. Any malfunctions of Game may be claimed by a User through reporting them to Picadilla by sending an e-mail to cm@picadilla.com
  2. Complaints shall be considered by Picadilla within 14 days from the date of reporting the complaint. However Picadilla reserves the right to leave the complaints without consideration, if they will arise from ignorance of the provisions of the hereby Terms of Use or the law.
  3. Picadilla reserves the right to interfere in Picadilla Account in order to remove anomalies in functioning of the Game and disturbances or problems in the functioning of the Account.
  4. Picadilla shall leave without a diagnosis submitted complaints concerning services provided by other individuals.
  5. Possible complaints shall be received within 7 days from the date of the occurrence of circumstances underlying the complaint.

8. Liability

  1. Picadilla shall not be responsible for the malfunctions of the Game due to force majeure, hardware failure or unlawful interference of Users, even if they would cause the loss of the Data from Users Accounts.
  2. Picadilla shall not be responsible for temporary impossibility to use the Game by Users, if that impossibility results from making changes and improvements in the system. Users shall be informed about the technical breaks and their duration.
  3. Picadilla shall not be responsible for any loss of Data associated with the use of the Game.
  4. Picadilla shall not be responsible for the content and the Content transferred and published by the Users in the Game. Content published by the Users shall not be the views and opinions of Picadilla.
  5. By publishing the Content in the Game, the User shall be fully responsible for breaking the law or damage resulting from his activities in the Game.
  6. Picadilla shall not be responsible for inability to use the services, contents or products of Picadilla.

9. Copyrights

The User declares that he holds the exclusive copyrights or is entitled within the meaning of the Polish Act on Copyrights and Neighbouring Rights as of 4 February 1994 (consolidated text in Journal of Laws of 2006, No. 90, item 631) to benefit from the Game Content and hereby grants Picadilla unlimited in time and territory, free, non-exclusive right to use the Content at all known at the time of conclusion of the Agreement operation fields, in particular for the use, preservation in computer memory, change, removal, supplement, public execution, public display, reproduction and distribution (especially on the Internet).

10. Access to the Game and its availability

  1. Picadilla does not guarantee that the Game will be offered indefinitely. In the case it is decided by Picadilla to delete the Game, Picadilla shall inform the Users 14 days before removal by means of the information displayed in the Game.
  2. Picadilla has the right to block the User’s access to the Games, in particular, whose actions shall be considered as harmful to Picadilla or other Game Users, contrary to good practice, the idea of social networking site, target of the Game, or otherwise negatively affecting the image or reputation of Picadilla.
  3. In the case of blocking access to the Game, without the consent of Picadilla the User shall not be allowed to start using the Game again.
  4. Picadilla shall have the right to remove any Content made by the Game User, which violates any provision of these Terms of Use.
  5. The User may at any time terminate the Agreement with immediate effect and without giving any reason.
  6. The Agreement shall be terminated in the following situation:
    1. the removal of the account from the Publishers website, where the User used the Game;
    2. the removal of Picadilla Game from their account on which the User used the Game;
    3. the removal of the Game from given Publisher by Picadilla;
  7. The User who dissolves the Agreement, states that he is aware of simultaneous irreversible for this User removal of his Data.
  8. In the cases referred to in Art. 11.2 and 11.6 – 11.7 Picadilla is not obliged to refund to the User the equivalent of available quota acciured using paid services, which is equivalent to the loss of these paid services by the User.

11. Final provisions

  1. The Terms of Use are available at: http://picadilla.com/terms.html
  2. The law applicable to the Agreement between Picadilla and the User / any other relationship under these Terms of Use is Polish law. Any disputes related to the services provided by Picadilla shall be settled by the Polish courts.
  3. In case of any changes to the Terms of Use, Picadilla shall inform the Users by publication of the consolidated text of the Terms of Use on the pages of its website available at https://www.facebook.com/picadillagames and directly inform through the application.
  4. Picadilla reserves the right to change the Terms of Use at any time.
  5. The change of these Terms of Use shall enter into force within 7 days since the release within the Game.
  6. In case of change or invalidity of any provision of these Terms of Use, the remaining provisions shall remain in force.

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