TERMS AND CONDITIONS OF USING RIFTCAT WEBSITE
Expressions used in this Terms and Conditions shall have the following definitions:
- Service – service means a web page located at riftcat.com which is a platform for web administered by Riftcat Sp. z o.o based in Bialystok (Poland), which consists of, among others, complex electronically supplied services for Users and Developers with the content of this page;
- Administrator – an entity managing and running the service, that is Riftcat Sp. z o.o based in Bialystok (Poland) at ul. Żurawia 71/2.30, 15-540 Białystok, NIP 9662097894, registered in the commercial register of the National Court Register, XII Commercial Division, KRS number 0000561611;
- User – a natural person over the age of 13, subject to paragraph IV point 1 (including a natural person running a business), commercial company, benefiting from the Service by logging into an account or making a log in the Service through other websites, including Facebook, Microsoft, Google (logging);
- Customer – User / Buyer;
- Account – available for the specified Customer of the Service, through which the Customer enters and manages data, descriptions and other elements associated with participation in the Service and at this place the activities and operations can be made related to functioning in the Service with the use of tools provided by the Administrator (eg. to activate and deactivate various services, etc.).
- Profile – a set of information, data and other elements presenting and describing the Customer, provided voluntarily and independently by the Customer to the Service that are made available and presented on the Customer’s Website in the Service;
- Customers database – a set of data, information and other content provided to the Service voluntarily by all the Customers, which are collected and processed in the system in orderly way by the Administrator with the User’s consent, for the needs of service provision in the Service;
- Help – place in the Service where the User can learn how to perform specific actions within the Service to reach the desired objectives;
- Applications – computer programs by Administrator (or to which they have copyrights to further share), that are provided through the Service by Administrator for the Users free of charge or aimed to be purchased and further used on devices intended for the use of these Applications;
- E-mail box – electronic mail box characterized by individual Internet address of the person (e-mail address), through which this person can send, receive and store messages and other data within e-mail service;
II. INTRODUCTORY PROVISIONS
- The Service Administrator is Riftcat Sp. z o.o. based in Białystok (Poland) at ul. Żurawia 71/2.30, 15-540 Białystok, NIP 9662097894, registered in the commercial register of the National Court Register, XII Commercial Division, KRS number 0000561611.
- The core business of the Service is providing Applications that belong to the Administrator on the Internet, designed for use/purchase by the Users, for a fee or free of charge and sale of licences for the use of Applications that belong to third parties.
- To use certain services of the Service it is necessary to have devices that enable one to use the Internet resources, e-mail box and an on-line browser that allows to display WWW pages and devices that allow to use virtual reality software. It is required to use the latest versions of web browsers enabled for "cookies".
- Registration in the Service is voluntary and free of charge.
- Customers database is subject to legal protection and the Administrator of personal data (under the Act dated 29.08.1997 on personal data protection) collected in the Base is Riftcat Sp. z o.o. based in Białystok (Poland) at ul. Żurawia 71/2.30, 15-540 Białystok, NIP 9662097894, registered in the commercial register of the National Court Register, XII Commercial Division, KRS number 0000561611.
- Technical Terms of using the Service are important for the proper functioning of the Service, its proper appearance on the web browser used by the User and for the safety of the User’s data stored on Account in the Service. Each Customer has to observe the following conditions and guidelines, and any action taken by the User in a different way (intentional or not) are taken on his/her sole responsibility.
III. SERVICES PROVIDED THROUGH THE SERVICE
- Users within the Service are able to view the content of the Service, use the Applications, including downloading them to their own computer equipment, make purchases the Applications.
- Browsing the content of the Service and its individual services may be available to every Internet user, while the scope of the access can be at any time and to any extent limited by the Administrator without giving reasons. The Customer may limit the scope of access to contained data indicating at the time of registration, what additional information about the User may be shared with other Users.
- The scope of access or the extent and means of providing the various services of the Service both existing and created in the future - can be changed at any time (extended or limited) by the Administrator.
IV. PARTICIPATION IN THE SERVICE
- A User of the Service may be any natural person over the age of 13, after accepting the Terms and finalizing the procedure of registration in the Service finished by effective setting up an Account. People who have limited legal capacity, including those 13 years old but under 18, may use the Service, with the consent of their parents or other legal representatives. People who have limited legal capacity, including those 13 years old but under 18, may use the Service, with the consent of their parents or other legal representatives.
- In addition, to be a Customer of the Service and to use its resources it is necessary to meet the technical requirements specified in § 2 point 3 and have an active e-mail box.
- It is forbidden to share the Account with other people, including other Customers.
- By completing login procedure, the Customer ensures and declares that she/he has read and accepted these Terms without exceptions.
- A customer gives a consent to the processing of his/her personal data for marketing purposes of Administrator’s products or services. A customer may anytime oppose the processing his/her personal data for that purposes. Opposition may be submitted via e-mail, sending a message to [email protected].
- The Customers may not, without the consent of the Administrator sell, rent, lease, redistribute, broadcast, transmit, upload, modify, sublicense or transfer to third parties their rights to the Application, including all materials downloaded from the Service. The use of the Applications that belong to the Administrator by the Users is limited in time and applies only to the period in which the Service operates.
- Customers are prohibited from displaying, sharing, presenting the Application (in whole or in part) as a public performance, even if it is not for the fee charged (except where such use of the Application does not constitute infringement of copyright or other regulations).
V. PAYMENTS – USERS
- The service of the sale of rights to use the Application provided by the Administrator to the User may be paid or free.
- The User, in the case of purchase of rights to use the Application, shall make the payments on the Administrator’s Business Account through electronic payment service PayPal, allowing to make payment via, among others, debit card (credit card), electronic transfer, money transfer, PayPal account balance. The possibility of making a payment through PayPal payment service is dependent on acceptance of the Rules of Procedure of the PayPal service and meeting the periodic requirements set in this Rules.
- The User, after purchasing the rights shall receive a confirmation of the transaction sent by the Administrator to e-mail box address provided by the User. In the case of buying of the Application, activation key will be send via e-mail box or access will be provided another way, including directly through the Service.
- The User, within the purchase made, including a free download of the Application, shall only be entitled to use the Application in terms of its play and use individually.
- Statement of User's will concerning the acceptance of these Terms and Conditions, shall be filed in electronic form by checking in electronic form of the Service the acceptance of the Terms and Conditions.
VI. WITHDRAWAL FROM THE CONTRACT
- Customer, who is the Consumer under the Polish law, may withdraw from the contract within 14 days, free of charge and without giving reasons. To exercise withdrawal right it is enough to give a notice of withdrawal within 14 days, sending it via E-mail box or to send it via post to the Administrator’s address. In case of the giving a notice of withdrawal by electronic means, Administrator will send a confirmation of receiving a notice of withdrawal to the Consumer.
- The Customer cannot exercise withdrawal right if the Consumer has already started to use the Application, especially by downloading or launching the Application.
- A notice of withdrawal form is available at riftcat.com
- If the Consumer has already paid for the Application, money will be returned within 14 days.
- Money will be returned by the same mean as it was transferred.
- Complaints about disruptions in the functioning of the Service may be made by Customers by reporting dysfunction to the Administrator via email, by sending a message to: [email protected]
- Complaints about individual services provided in the Service shall be made in the manner referred to in point 1
- Complaints will be settled on regular basis by the Service team, not later than 14 days after filing the complaint, however, the Administrator reserves the right to leave the complaint unanswered if it relates to the dysfunction resulting from ignorance of the Terms and Conditions, non-compliance to instructions given to Users on a regular basis through the Service or directly by the Administrator.
- Complaints addressed to the Administrator and regarding the services provided by third parties through the Service shall be transferred by the Administrator immediately to the third party responsible for providing services in this area and settling complaints.
- Administrator reserves the right to interfere in the technical structure of the User’s Account in order to diagnose disruptions in the functioning of the Services and can also make changes and in any other way affect the technical side of the Account in order to modify or restore correct operation of the Account or the Service.
VIII. CHANGE OF CONDITIONS
- Any provision of these Terms may be changed by the Administrator. Changes shall be made available on regular basis in the form of a consolidated text of the Terms through the Service with information about them made.
- After the information about changes in the Terms appears on the home page of the Service or other designated areas in the Service, the Customer should immediately become acquainted with the changes, because logging into the Service after such notice constitutes an unconditional acceptance of the new Terms by the User.
- In case the revised Terms are not accepted the Customer shall refrain from logging into the Service and shall immediately inform the Administrator of any such decision.
IX. FINAL RESOLUTIONS
- The Administrator is based in Poland. The Service operates under the provisions of universally binding law in Poland, with the exception of tax law applicable at the habitat of the Users (concerns tax obligations arising after the completion of purchase).
- Any information on violations by Customers of these Terms and Conditions should be addressed: [email protected]
- These Terms and Conditions shall enter into force on the date of their publication in the Service.
DIGITAL MILLENIUM COPYRIGHT ACT
- Anyone who believes that his copyrights has been infringed and violation occurs in the service provided by the Operator, may file an application regarding this violation to a representative designated by the Operator.
Applications should be made to the following address:
Riftcat Sp. z o.o.
ul. Żurawia 71/2.30, 15-540 Białystok, Polska
e:mail: [email protected]
The application should contain:
- contact details of the applicant: name, mailing address
- indication of the subject of copyright being infringed
- indication of the content, which in the opinion of the applicant infringes copyright or is subject to infringing activity that should be blocked or deleted
- a statement under penalty of perjury that the application is made in good faith, convinced that the use of the content in question violates copyright
- handwritten or electronic signature
- If the content in question will be blocked or deleted, the operator shall notify the person who posted it. This person will also receive contact details of the applicant.