TERMS OF USE
These terms of use apply to Margonem game and margonem.com website.
1. GENERAL RULES
1. The Terms of Use Agreement (the "Agreement") describes your rights and responsibilities and states the terms and conditions under which you may use this website (www.margonem.com) and the game service on the website “Margonem” (the “Game”). The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Garmory sp. z o. o. sp. k. (“Garmory”). If you do not accept the terms and conditions stated here, Garmory will not be willing to allow you to use the Site and you should immediately stop using the Site. It is your responsibility to review this Agreement periodically. Garmory reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Garmory shall constitute your acceptance of such modifications.
2. The web address of the Game is www.margonem.com.
3. Definitions:
a) The Agreement - this document;
b) The Game - an IT-informative platform, connected to the Internet, which provides a web-game named “Margonem,” under a web address www.margonem.com;
c) The Service Provider (“SP”) - the owner of the service www.margonem.com. The SP manages and runs the service. See second section for detailed information on the entity;
d) The Player (Service Receiver (“SR”), Client, User) - any person registered in the Game having been using the game account;
e) The Account - an IT structure, created on the Player’s request during registration, in the Game’s database, containing fields filled with parameters, associated with unique username (login) and being used in the Game. For using the Account, a login and a password are required. The Account is an immaterial property, and therefore it cannot be a subject of trade, or exchange. The Account can be given to another player, or person who does not own Margonem account, only if, none of the Account’s characters reached 100 experience level. Elements of the Account that can be traded are game items. The Account and all of its elements (e.g. the characters) remain property of the SP, and are made available for the Player use under the agreed terms. Not respecting the Agreement rules may result in restricting the Player’s rights to the Account, or blocking it. In case of loss of rights to the Account, or voluntarily stopping of using the Account, the SR have no right for a refund of the costs spent on Draconites.
f) ID - an individual and unique number of the Player’s Account assigned during the registration process;
g) Login - an individual name of the Player’s Account chosen by the Player in the registration process;
h) Nickname (Nick) - an identificator visible for any player in the Game. Player nickname can contain only supported characters, which include: 26 uppercase (A-Z) and lowercase (a-z) letters of English alphabet, a white space ( ), a hyphen (-) or an apostrophe (').
i) The Forums (Game Forum) - an IT structure used for information exchange between the Players. Ability of posting information on the Forums becomes available once the Player logs in the Account. Any information shared by the Player is automatically assigned to their Nickname. The player takes full responsibility for their contents on the Forums. The Game Forum is divided into thematic sections. The Player is obliged to post content adequate to the section;
j) Netiquette - a set of rules of appropriate behavior, and a kind of etiquette, on the Internet. Netiquette, as well as etiquette of decent manners is not clearly specified and there is nobody to penalize systematically for not respecting it. However, persons who disobey the rules of the Netiquette may be punished, for example: a Service Receiver who does not follow the terms of use of certain Service may be banned from using it by the Service Provider.
Source: https://en.wikipedia.org/wiki/Etiquette_in_technology#Netiquette;
k) Draconites - remitted special points in the Game that can be bought by the Service Receiver. Draconites can be exchanged in the Game for: other elements of the Game, special services, accessibility to locations, or other privileges described in the “Draconites” section (http://margonem.com/draconite). Some in-game NPCs may possess draconites.
l) “Draconites” section - a special page on margonem.com that can be accessed by clicking on a redirection button on the home page, or by visiting the following URL: http://margonem.com/draconite;
m) “Config” tool - a set of tools available for a specific Margonem account that can be accessed by clicking a redirection button on the home page, or by visiting the following URL: http://margonem.com/config;
n) NPC - a character controlled by a computer, which can be interacted with by a dialog, a shop, or other activity provided by the Game.
4. By accepting the Agreement the Player also accepts the Margonem Player Etiquette, Scale of Charges, Chat Rules and Official Rules of Private Worlds.
5. The Service Provider shares the Agreement to the Players free of charge by the website margonem.com.
6. On the Player’s demand, the SP may provide the Player with a PDF version of the Agreement.
All terms related to the Game, or the Game mechanics can be found in the online documentation of the Game under a URL: http://margonem.com/art/view,45;
2. THE SERVICE PROVIDER
Garmory spółka z ograniczoną odpowiedzialnością sp. k.
Address:
Tarasa Szewczenki 8
40-855 Katowice
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
PHONE: +48 32 420 95 00
EMAIL: garmory@garmory.pl
3. TECHNICAL CONDITIONS OF PROVIDED SERVICES
1. To access margonem.com website and the Game, the Service Provider recommends to use a computer device with a screen of resolution no lower than 800x600, the latest version of the one of the following web browsers: Firefox, Google Chrome, or Internet Explorer, and a fast Internet connection.
2. The Service Provider reserves the right to use cookies so that the Game runs correctly.
3. The Player’s web browser has to have JavaScript enabled in order to run the Game.
4. The Player must not use anonymous proxy services (services that hide user’s location) to access margonem.com website, or the Game.
4. SERVICES PROVIDED ON MARGONEM.COM
1. The main service provided on a web page margonem.com is a web game “Margonem.” For this purpose, the Service Provider shares resources of their (or leased) teleinformatic system, required software on the server side (game engine, web page), and a web browser (game client).
2. Usage of margonem.com website and the Game itself is voluntary and free of charge in the minimum range. The Service Provider reserves the right to charge for selected services, or game elements, included in the Agreement, separate price list, or in “Draconites” section.
3. The SP reserves the right to benefit from advertisements placed on margonem.com website, and in the Game itself.
5. GAME REGISTRATION
1. Registration in the game is free of charge.
2. Registration activates an Account under conditions of the Agreement and indicates that the Player has read and acknowledged the terms of this Agreement.
3. Persons willing to register their Account on margonem.com must be aged 13 or older.
4. Registration in the game is unequivocal with concluding an agreement with the Service Provider under the terms of the Agreement.
5. The Player completes registration process by clicking “Play Now” button and filling in the form correctly, which allows to create a new account in the Game’s database.
6. After a successful acceptance of the Player’s data system creates a new account in the Game. Login and password entered by the Player are used to logging in the Game.
7. The Player is obliged to remember their login and password. Losing the password causes creating a new Account. Elements of the lost character’s equipment amassed by the Player, including remitted elements, will not be transferred to a new character.
8. The player is responsible to keep their password secret. The Service Provider does not take any responsibility for the Player losing their login, or password, and further consequences of losing the aforementioned data.
9. The Player is obliged to update their email address (if submitted during registration process) before changing it. An email address is a main contact form between the Player and the Service Provider. The Player is fully responsible for any harm caused by providing an incorrect or outdated email address.
10. In case of loss of access to the email account provided by the Player in the registration process, or later changed on the Player’s demand, it is impossible to change that address, except by purchasing premium service allowing to change the blocked email address. If the Player forgets, or loses, their Account password and decides not to purchase the premium service allowing to change the blocked email address, they will lose their account access forever.
11. The Player states that the credentials submitted in the registration process:
a) are genuine;
b) do not lead to an infringement of a third-party rights;
c) do not violate applicable law and rules of social coexistence.
12. Accounts under level 10 are automatically deleted after 30 days of inactivity (not logging into the Account). Accounts having at least 75 Draconites are automatically deleted after 1000 days of inactivity. The rest of accounts are automatically deleted after 365 days of inactivity. Accounts banned for over 180 days are automatically deleted after 180 days of active ban.
6. DRACONITES
1. In order to buy Draconites, the Player has to use one of the options in “Draconites” section (http://margonem.com/draconite).
2. The service of sharing Draconites is acknowledged by the SP as finished once the Draconites are available on the Player’s account, regardless of whether the User used owned Draconites.
3. Using “Draconites” section, the Player can add Draconites to their Account via online payment, via SMS, using WoloPay services, via Paysafecard, (http://www.paysafecard.com/pl/), via Steam Wallet, via Xsolla Inc services or iMoje services. It is also possible to generate transfer form to complete payment via postal service.
4. Purchased Draconites are transferred to the Player’s Account immediately after the Service Provider receives the payment. The Player agrees to immediate execution of the service, and is aware of the fact that in accordance with article 38, point 1 of the Consumer Rights Act from May 30th, 2014 (Journal of Laws from 2014, item 827, as amended), they lose the right to withdraw from the contract once the service is completed.
5. The User may also purchase Draconites with cash in the Service Provider’s headquarters, listed in the second section of the Agreement. In this case, the Draconites are transferred to the Player’s account once the transaction is finalized.
6. The service of refilling Draconites can be purchased only by adult persons, or persons aged 16 or older with a permission from their legal representatives (parent, guardian, keeper).
7. Loss of access to the Account, for example by losing password, or access to the email address provided in the registration process, means irreversible loss of access the Account, and the Draconites, without refund.
8. The User is responsible to keep their password secret. The Service Provider does not take any responsibility for the Player’s Account password, or login loss, or any actions taken afterwards using aforementioned credentials.
9. Every time, before the purchase, the User must read the price list of all payment methods carefully. By purchasing the service, the User accepts the prices of the services and the Agreement with later amendments.
10. In case of any errors occurring in the “Draconites” section, the User should contact the Service Provider immediately.
11. All transactions with the use of Draconites between the Players are forbidden.
12. There is no possibility of exchanging Draconites on real money (or any money equivalent), even if, the Player does not use all of their owned Draconites.
13. Person using “Draconites” section is obliged to provide their genuine personal data, if the subject providing services demands submitting such data.
14. The Service Provider reserves the right to change the service prices without providing reasons. Price change enters into force after 7 days of publishing information on price change in the “Draconites” section. Every time, current price lists will be available in the “Draconites” section. Prices in “Draconites” section, and any other place on margonem.com, are not trade offers within the meaning of the trade law and the civil code.
15. In case of no confirmation of the transaction from “Draconites” section, in the form of not receiving Draconites in the time guaranteed by the subject providing payment service, the User should contact the Service Provider immediately.
16. The Service Provider does not take any responsibility for wrongly provided personal data by the User in the transfer forms, payments, or SMSes.
17. In case of Individuals pursuing no business activity within the meaning of Goods and Services Tax Act, the Service Provider has no obligation to issue a VAT invoice, in accordance with article 106, paragraph 4 of the aforementioned act. Willingness to receipt of the invoice must be reported in the statutory deadline for issuing an invoice on demand. The request must be sent via a certified letter to the Service Provider’s Headquarters, with a bank transfer confirmation and an addressed return envelope attached.
18. Draconites can be exchanged between NPCs and the Player for a variety of additional elements. Every time, the Player should get themselves acquainted with current in-game price lists. There is no possibility to undo, or withdraw from the transaction of exchanging Draconites. The Player is fully responsible for their actions and cannot claim a refund of Draconites, or any intervention from the SP in case of any errors made specifically by the Player during transaction.
19. Services that has not yet been fully automated can be provided by SGMs (Super Game Masters), Administrators, or persons designated by the Service Provider. Such services and procedures related to them are described in detail on the pages devoted to the Game’s online documentation.
20. The Service Provider reserves the right to change, or adjust elements and services exchanged for Draconites to current needs without providing reasons. Any change enters into force after 7 days of publishing information on margonem.com. Every time, amount of Draconites charged is visible in the Game, or is listed in the Game’s online documentation. In case of any doubts, the Player should withdraw from the virtual transaction and contact the SP.
21. The Player acknowledges and accepts that any transactions made in the Game, between the Players, or between the Players and NPCs, in particular, also on the ground of Draconites, are virtual in-game transactions valid in Margonem
world only. The statement also applies to the non-automated transactions with persons designated by the SP. Transactions made in game are not trade offers within the meaning of the trade law and the civil code. The Player declares that they will not claim any compensation, or refund related to such transactions.
22. The Player acknowledges that NPC, or a person designated by the SP may refuse to exchange Draconites for a specific equivalent in the Game, if the situation in the Game, the Player’s experience level, other factors related to the Game, or the Player’s character do not allow to do so, or it would harm the Game to other Players, or the services provided by the SP, or for any other significant to the SP reasons.
23. In case of bank transfer via postal service payment method, the Player has to use the generated transfer forms in “Draconites” section only, or other transfer forms with the generated data. In case of offline transfers, the Player has to fill in the forms with the exact data (the title in particular) as in the generated forms. The maximum time of transferring Draconites to the Player account is 2 working days from the moment of registering the payment on the SP’s bank account.
7. PROVIDING SERVICES. RESIGNATION FROM PROVIDED SERVICES
1. Playing the game is free of charge in the minimum range.
2. The Service Provider will use their efforts to make the Game run correctly, develop it, and popularize it.
3. Activities that may impede or destabilize the Game, expose the Game to loss of its reputation, or violate the provisions of law or third party rights protected by law are unacceptable.
4. The persons designated to monitor the implementation of the Agreement and Netiquette are: Game Masters (GM), Super Game Masters (SGM), and Administrators. The aforementioned persons have right to:
a) warn and reprimand the Player;
b) penalize the Player (by seizing their items, reducing their stats, temporarily banning their characters or Account, or permanently banning their IP address);
c) monitor the Players and their activities;
d) change parameters on the Player’s account.
5. Emails addressed to the SP are not processed if:
a) the Player’s login or nickname are not specified;
b) the email has no topic;
c) the email has no content or the content is unreasonable;
d) the email’s attachments contain computer viruses or malicious software;
e) the email is offensive and vulgar.
6. The Player declares not to exploit any game errors or share them to other Players. The Player also declares to report errors immediately after discovering them to the SP and the moderators.
7. The Service Provider reserves the right to cease providing the Service temporarily.
8. The Service Provider is not responsible for:
a) any damages caused by improper use of the Game, “Draconites” section, or the whole margonem.com website by the Player;
b) difficulties in functioning of the Game, “Draconites” section, or the whole margonem.com website, if the difficulties have been a result of events, which the SP could not foresee or prevent from happening having exercised reasonable diligence, undesired random events, deliberate actions of third parties, including the Internet Service Provider, the Payment Service Provider, or events beyond its reasonable control (accidents, random events etc.);
c) the Player violating the terms of the Agreement;
d) contents posted in the Game by the Players. The Players are responsible for the content they share;
e) intermissions in functioning of the Game, “Draconites” section, or the whole margonem.com website, which have been caused by technical issues (e.g. maintenance, revision, hardware change, software update, database update etc.) and which have been posted before in the Maintenance Schedule (7.20.);
f) loss of the Game data, “Draconites” section data, or the whole margonem.com website data, caused by hardware, software, or database failure, or other circumstances which the SP could not foresee or prevent from happening having exercised reasonable diligence.
9. The Service Provider backs up the Game database and software data periodically.
10. In case of a critical failure, the Service Provider can restore the whole Game, or the Game elements to the state from the previous backup.
11. The Player and the User of margonem.com website and “Draconites” section acknowledges that the Game, “Draconites” section, and the whole service are continuously developed and thus errors, or temporary problems may occur. Any problems should be reported to the Service Provider, who declares to take immediate action to solve the them.
12. The Service Provider does not take any responsibility for server and network infrastructure issues, which are a result of technical issues of third party companies. The Service Provider will use their best efforts to compensate the suffered losses to the Players, if such issues occur, as stated in 7.21.
13. All transactions between the Players and NPCs are purely virtual in nature (to diversify the Game) and have no legal value.
14. The Service Provider does not take any responsibility for any indirect or direct losses the Players or the Users may suffer using the Game, “Draconites” section, or margonem.com website.
15. There is no possibility of exchanging any virtual goods in the Game (gold, items, Draconites) for any financial equivalent. The aforementioned goods are elements of the Game only.
16. In case of shutting down the Game project, margonem.com website, or any other provided services, the Service Provider will make the Players aware of that fact 1 month before the shutdown via margonem.com website.
17. The Service Provider may change the Game server, which may result in the Players losing their items, or other elements, fully or partially. In such case the Service Provider will make the Players aware of that fact 1 month before the change via margonem.com website.
18. In case of cessation of providing services by the SP, the Players who have purchased commercial services are not entitled to a refund, even if, they have not used the services (including Draconites).
19. The Service Provider reserves the right to divest the Player of their points (including Draconites) which have been gained illegally, for example by exploiting errors in the Game, or in “Draconites” section. The Player should report any errors immediately to the SP. In case of suspicion of exploiting, the Player’s Account will be banned temporarily, or permanently.
20. Operation of the provided services will be temporarily terminated for several minutes periodically as stated in the Maintenance Schedule:
a) Everyday, around 3:10 am - a database backup - duration: from 3 to 6 minutes.
b) Everyday, around 5:26 am - periodic actions required by the Game system (depletion counting, cleaning rented rooms, daily quests etc.) - duration: from 5 seconds to 1 minute.
c) On selected days, between 6:00 am and 10:00 pm - a new storyline upload, executed by a Super Game Master - duration: around 5 minutes. In case of discovering a critical error, the current version of the storyline may be uploaded at different times.
d) On selected days, in the morning hours, approximately once a month - server software update - duration: around 5 minutes. In case of discovering a critical error that pose a threat of losses to the Service Provider, or the Players, an update may be upload anytime. The Service Provider will make the Players aware of any update longer than 10 minutes 1 day before the update via margonem.com website.
21. In case of disruptions caused by protracted maintenance (7.20.), deliberate actions of third parties, hardware failure, technical issues of third party companies (7.12.), the Service Provider will extend the time of all premium services bought by Draconites by the duration of the maintenance. In case of critical failures, in which the Player will lose part of their Account data, the Service Provider will use their best efforts to compensate the Player’s loss by restoring lost Draconites and bonuses.
8. USER CONTENT
1. By uploading content (comments, posts on the Board, maps, graphics, dialogs etc.), the User declares that they are the owner of that content and that it does not affect the existence or ownership of third parties’ property rights.
2. Authors of the contents (comments, posts on the Board, maps, graphics, dialogs etc.) agree to publish their content on margonem.com website in order to share the content to other Players and Internet users. The authors declare that they do not claim any charges, from the Players, Internet users, and the SP in particular.
3. Under the consent above (8.2.), the authors give their assent to the Players and other Internet users to use their materials, including: multiplication, perpetuation, making digital copies, saving to any digital storage, adding to own databases, in original form, or partially, in form of elaborations, abstracts, stylistic and orthographic correction, modifying, adapting, uploading fully or partially to a computer network by broadcasting.
4. Authors of the contents give any Internet user permission to read, download and use the contents for their personal use.
5. Use of the shared materials, both by receiving and sending, can be held only in accordance with applicable law, rules of social coexistence and will respect intellectual property rights.
6. It is forbidden to upload commercial texts or materials.
7. The Service Provider have the right to publish or delete one or more elements sent by a specific User without providing reasons, particularly in case of suspicion of plagiarism or violating the terms of the Agreement.
9. CONTACTING THE SUPPORT. REPORTING VIOLATIONS OF LAW
1. All comments, complaints, queries and information concerning the Game or margonem.com website may be sent via the Support Panel - http://support.garmory.pl/ or via post
to the Service Provider’s Headquarters address.
2. The Service Provider reserves the right to interfere in the technical structure of the Player’s Account, in order to diagnose abnormalities in the Game or website functioning, implement changes, and affect the technical side of the Player’s Account by any means to modify it, or restore its, the Game’s or the website’s functionality.
3. In case of ascertainment that one of the Users have uploaded materials violating law, the User should report it to the Service Provider immediately via the Support Panel (9.1.) or via post to the Service Provider’s Headquarters address. The Service Provider reserves the right to suspend users’ access to such content, or delete it from the website or the Game. Reporting any violations should be supported by evidence.
4. The User can fill complaints related to the Game functioning, premium services and penalties imposed on the User’s Account.
5. Complaints should be filled via the Support Panel (http://support.garmory.pl/), which is an integral part of the website. In case of a ban or not owning an Account on the website, it is permitted to create a new Account for contacting the Service Provider purposes only. In case of failure in using the Support Panel, complaints can be sent via email to margonem@garmory.pl.
6. A complaint should include:
a) the User’s username (login or nickname);
b) a detailed description of an occurred impropriety;
c) date and time of learning about the impropriety.
7. The Service Provider has 14 days to verify the reported complaints.
8. The Service Provider will respond to the complaint via the Support Panel or email, depending on which have been used by the User to fill the complaint.
9. Complaints should be filled in the time of 30 days from the impropriety being the base of the complaint. Complaints reported after aforementioned period of time may be rejected from technical reasons.
10. PROCESSING OF PERSONAL DATA
1. Personal Data as defined in General Data Protection Regulation. (Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such and repealing Directive 95/46/EC.).
2. The User’s Personal Data Administrator:
Garmory spółka z ograniczoną odpowiedzialnością sp. k.
Address:
Tarasa Szewczenki 8
40-855 Katowice
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
E-mail address: garmory@garmory.pl
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
E-mail address: garmory@garmory.pl
3. Accepting Terms of Use Agreement is equivalent with consent to data processing.
4. Providing personal data required to register the account is voluntary and optional, but necessary to buy Draconites via available payment operators or in case of filing a complaint to the Service Provider.
4.1. Participation in the Game and creating a verified account is impossible without accepting the Terms of Use Agreement and data processing consent.
4.2 The User’s consent to the processing of personal data is tantamount to submitting a declaration of having legal capacity to do so.
4.3. Providing any personal data and the User’s consent to the collecting and processing of such data, along with data collected automatically during the Service, is voluntary and is not necessary to provide the Service by the Service Provider.
5. A verified account is the one with the User’s email address.
5.1. Filing complaints on the Game functioning is impossible without submitting a valid email provided.
5.2. Filing complaints is available for the Users with verified accounts only.
5.3. Complaints should be submitted via the Support Panel only.
6. The User may withdraw their data processing consent any moment. Such an action results in loss of access to the Game.
6.1. The application must be registered via the Support Panel.
6.2. Garmory declares to cease processing the User’s data immediately after the verification process.
6.3. The User Account verification process may last up to 14 days.
6.4. The User data will not be deleted from the Game backups. The Game backups are stored for 10 years from their creation to protect the Users’ and the Company’s interests.
7. After completing the registration process and while using the Game, the following data is processed:
7.1. Login – to allow logging in the Game
7.2. E-mail address – to verify the User in case of complaints only
7.3. IP address – to verify the User and protect their interests
7.4. ID and data associated with payments – to verify the payment and assign the purchase of Draconite
8. The Service Provider reserves the right to share the Player’s data to special personas and authorities, if legal regulations stipulate the obligation to do so.
9. The Service Provider or Administrators have right to demand an identity document from the Player, which will prove that the Player’s age meets the Agreement’s requirements - age of 16.
10. Neither the Game nor any of its elements collect or process:
a) Sensitive personal data, in particular, revealing racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as health and other data referred to in the Act,
b) any national identity numbers.
11. The Player has right to:
a) view, correct or complement their personal data,
b) file a complaint related to the processing of personal data to the Supervisory Body, which is the President of the Personal Data Protection Office.
12. The collecting of the data related to the Account’s in-game activity (IP address) does not require a separate User’s consent. The IP address is acquired by the Administrator automatically in order to:
a) ensure the security of the Player’s connection by limiting the possibility of using stolen cookies. At a certain level of account security, the User is not treated as logged in, if their IP address has not changed,
b) ensure the protection against brute force attacks, which rely on constant server querying from one IP address for various data (e.g. guessing passwords or other data allowing to affect the User’s account),
c) verify the User’s conduct in terms of the Terms of Use Agreement and the Scale of Charges.
13. The Data Administrator ensures protection of the collected and processed data against the access of unauthorized third parties,
14. The security measures used by the Administrator include technical, electronic, physical, organizational and contractual means.
15. Under agreements concluded by the Service Provider with entities realizing the payment process, which requires the provision of selected personal data, specific measures (contractual clauses) have been taken to safeguard compliance with the Act regarding the management of entrusted data. The Service Provider shall not be liable for the actual use of data by these entities.
16. In regard to the processing of personal data for the purposes specified in point II.3. and paragraph 3, the Player’s personal data may be made available by the company Garmory spółka z ograniczoną odpowiedzialnością, spółka komandytowa (Garmory limited liability company, limited partnership, hereinafter referred to as Garmory) to other recipients or categories of recipients of personal data, which may include:
a) ING Bank Śląski S.A.
b) Twisto Polska sp. z o.o.
c) Przelewy24 sp. z o.o
d) WoloPay
e) Valve Corporation
f) Xsolla Inc
16.1 Personal data is made available to ING Bank Śląski S.A. (hereinafter referred to as the Bank) in connection with:
a) the Bank’s service of providing online payment infrastructure (legal basis: article 6, paragraph 6, letter f) of the Regulation),
b) the Bank’s service and settlement of the Garmory clients’ Internet payments using payment instruments (legal basis: article 6, paragraph 6, letter f) of the Regulation),
c) the Bank’s verification of the proper performance of contracts concluded with Garmory to ensure the protection of the payers’ interests in relation to the complaints they file (legal basis: article 6, paragraph 6, letter f) of the Regulation),
d) transferring the Player’s personal data to Twisto Polska sp z o.o. due to the possibility of proposing payment for purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, as well as the verification by Twisto Polska sp z o.o. of the proper performance of such contracts (legal basis: article 6, paragraph 6, letter f) of the Regulation).
17. Transferring personal data for the purposes of the contract with the entities listed in paragraph 4.
17.1 In case of the Player submitting their personal data for the purpose of transferring the data to Twisto Polska sp. z o.o. before concluding a contract of sale of a good (or service) with Garmory, transferring the personal data is a condition of concluding the contract of sale due to the business model of Garmory. In case of transferring the Player's personal data to the Bank in connection with the service and settlement of the Player's payments, Internet payments to Garmory using payment instruments, providing the data is required for the payment and confirmation of the payment to Garmory by the Bank.
17.2 In case of transferring the Player's personal data to the Bank in order to verify the proper performance of the contracts concluded with Garmory, ensuring protection of the interests of payers in relation to their complaints in particular, providing the data is required to conclude the contracts between Garmory and the Bank.
17.3 In case of transferring the Player's personal data to Twisto Polska sp. z o.o. due to the possibility of proposing payment for the Player's purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, providing the data is required due to the business model of Garmory and concluding the contract between Garmory and Twisto Polska sp. z o.o.
18. The Service Provider reserves the right to disclose the Player's data to authorized persons and authorities, if such obligation results from the applicable provisions of law.
11. FINAL PROVISIONS
1. If any of the provisions of these Conditions proves to be invalid by a decision of a court, in whole or in part, this will have no effect on the remaining provisions of the Agreement.
2. The Service Provider has right to unilateral change of the Agreement. Any changes to the Agreement enter into force after 14 days of information on that change provided via margonem.com website.
3. Before logging into the Game, the Player should check if the Agreement has not changed. The Service Provider will inform the Players on any changes made to the Agreement via margonem.com website.
4. Logging into the Game is unequivocal with accepting the whole Agreement by the Player.
5. In case of not accepting any changes made to the Agreement, the Player should cease to use the Game and margonem.com website, and inform the Service Provider of their decision.
6. The fact that the Service Provider is not using any of their privileges and/or is not precluding the other party’s failure to fulfill their obligations set forth in the in the Agreement in a specific moment, must not be interpreted as the Service Provider’s abandonment of the subsequent possibility to use their privileges, or acceptance of the other party’s failure to fulfill their obligations set forth in the Agreement.
GARMORY SP. Z O.O. SP.K. COOKIES POLICY
1. We use cookies in our Games and Services. Cookies are tele-information data, especially text files, which are placed on data terminal equipment of our Games and Services Users.
2. Cookies often contain web page address, which placed them, storage time and unique number.
3. Cookies are used to identify the data terminal equipment and the web browser of the User and register the User’s activity in Garmory Games and Services to adjust content, services and preferences for the User, basing on that activity. The purpose of these actions is improvement of Garmory Games and Services and their adjustment to the specific User’s needs.
4. The entity placing cookies on the User’s data terminal equipment is the owner of Garmory Games and Services - Garmory sp. z o.o. sp. k., address: Tarasa Szewczenki 8, 40-855 Katowice, registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”), with a fully paid-up share capital of: PLN 5000.00, KRS (company registration number): 0000322540, NIP (taxpayer identification number): 548-258-11-84, REGON (No. the National Official Register of Business Entities): 241114139 (General Trade Terms (“OWH”) §2).
5. Cookies used in Garmory Games and Services can be divided into the following types:
a) Necessary – utterly needed for Garmory Games and Services operations and functionalities used by the User.
b) Functional – used for user personalization according to the User’s preferences and maintaining high functionality of Garmory Games and Services. Blocking them might stop some functions from working.
c) Advertising – allow to display advertising content adjusted to the User’s interests and its personalization, making it more valuable to the advertisers.
6. Cookies placed on the User’s data terminal equipment can be divided into temporary and permanent. Temporary Cookies, the so-called Session Cookies, allow the logged-in User to use Garmory Games and Services without logging every time necessary on the subpages and are deleted from the User’s hard drive on logging out, closing the web page or the web browser. Permanent Cookies stay on the User’s data terminal equipment for definite or indefinite period of time and are not deleted on the web page or web browser close.
7. The Service Provider informs that cookies of Garmory Games and Services, owned by the Service Provider, may not be the only cookies placed on the User’s data terminal equipment, as the Service Provider shares some of Garmory Games and Services space to its partners and third-party companies for marketing purposes. Therefore, cookies of the aforementioned partners and third-party companies may be placed on the User’s data terminal equipment.
8. The Service Provider informs that web browsers most often accept cookies by default, but all of the current web browsers can be configured not to delete cookies, inform the User on any attempt of saving cookies, not to save cookies on the User’s data terminal equipment or reject cookies completely. The User can delete all such files manually from their browser but must be reckoned of possible restricted functionality of Garmory Games and Services.
These terms of use apply to Margonem game and margonem.com website.
1. GENERAL RULES
1. The Terms of Use Agreement (the "Agreement") describes your rights and responsibilities and states the terms and conditions under which you may use this website (www.margonem.com) and the game service on the website “Margonem” (the “Game”). The term “you” as used herein refers to all individuals and/or entities accessing the Site for any reason. By continuing to use the Site, you are indicating your acceptance to be bound by the terms and conditions of this Agreement between you and Garmory sp. z o. o. sp. k. (“Garmory”). If you do not accept the terms and conditions stated here, Garmory will not be willing to allow you to use the Site and you should immediately stop using the Site. It is your responsibility to review this Agreement periodically. Garmory reserves the right to modify this Agreement from time to time without notice and in its sole discretion at any time by updating this web page, and your continued use of the Site after any modifications by Garmory shall constitute your acceptance of such modifications.
2. The web address of the Game is www.margonem.com.
3. Definitions:
a) The Agreement - this document;
b) The Game - an IT-informative platform, connected to the Internet, which provides a web-game named “Margonem,” under a web address www.margonem.com;
c) The Service Provider (“SP”) - the owner of the service www.margonem.com. The SP manages and runs the service. See second section for detailed information on the entity;
d) The Player (Service Receiver (“SR”), Client, User) - any person registered in the Game having been using the game account;
e) The Account - an IT structure, created on the Player’s request during registration, in the Game’s database, containing fields filled with parameters, associated with unique username (login) and being used in the Game. For using the Account, a login and a password are required. The Account is an immaterial property, and therefore it cannot be a subject of trade, or exchange. The Account can be given to another player, or person who does not own Margonem account, only if, none of the Account’s characters reached 100 experience level. Elements of the Account that can be traded are game items. The Account and all of its elements (e.g. the characters) remain property of the SP, and are made available for the Player use under the agreed terms. Not respecting the Agreement rules may result in restricting the Player’s rights to the Account, or blocking it. In case of loss of rights to the Account, or voluntarily stopping of using the Account, the SR have no right for a refund of the costs spent on Draconites.
f) ID - an individual and unique number of the Player’s Account assigned during the registration process;
g) Login - an individual name of the Player’s Account chosen by the Player in the registration process;
h) Nickname (Nick) - an identificator visible for any player in the Game. Player nickname can contain only supported characters, which include: 26 uppercase (A-Z) and lowercase (a-z) letters of English alphabet, a white space ( ), a hyphen (-) or an apostrophe (').
i) The Forums (Game Forum) - an IT structure used for information exchange between the Players. Ability of posting information on the Forums becomes available once the Player logs in the Account. Any information shared by the Player is automatically assigned to their Nickname. The player takes full responsibility for their contents on the Forums. The Game Forum is divided into thematic sections. The Player is obliged to post content adequate to the section;
j) Netiquette - a set of rules of appropriate behavior, and a kind of etiquette, on the Internet. Netiquette, as well as etiquette of decent manners is not clearly specified and there is nobody to penalize systematically for not respecting it. However, persons who disobey the rules of the Netiquette may be punished, for example: a Service Receiver who does not follow the terms of use of certain Service may be banned from using it by the Service Provider.
Source: https://en.wikipedia.org/wiki/Etiquette_in_technology#Netiquette;
k) Draconites - remitted special points in the Game that can be bought by the Service Receiver. Draconites can be exchanged in the Game for: other elements of the Game, special services, accessibility to locations, or other privileges described in the “Draconites” section (http://margonem.com/draconite). Some in-game NPCs may possess draconites.
l) “Draconites” section - a special page on margonem.com that can be accessed by clicking on a redirection button on the home page, or by visiting the following URL: http://margonem.com/draconite;
m) “Config” tool - a set of tools available for a specific Margonem account that can be accessed by clicking a redirection button on the home page, or by visiting the following URL: http://margonem.com/config;
n) NPC - a character controlled by a computer, which can be interacted with by a dialog, a shop, or other activity provided by the Game.
4. By accepting the Agreement the Player also accepts the Margonem Player Etiquette, Scale of Charges, Chat Rules and Official Rules of Private Worlds.
5. The Service Provider shares the Agreement to the Players free of charge by the website margonem.com.
6. On the Player’s demand, the SP may provide the Player with a PDF version of the Agreement.
All terms related to the Game, or the Game mechanics can be found in the online documentation of the Game under a URL: http://margonem.com/art/view,45;
2. THE SERVICE PROVIDER
Garmory spółka z ograniczoną odpowiedzialnością sp. k.
Address:
Tarasa Szewczenki 8
40-855 Katowice
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
PHONE: +48 32 420 95 00
EMAIL: garmory@garmory.pl
3. TECHNICAL CONDITIONS OF PROVIDED SERVICES
1. To access margonem.com website and the Game, the Service Provider recommends to use a computer device with a screen of resolution no lower than 800x600, the latest version of the one of the following web browsers: Firefox, Google Chrome, or Internet Explorer, and a fast Internet connection.
2. The Service Provider reserves the right to use cookies so that the Game runs correctly.
3. The Player’s web browser has to have JavaScript enabled in order to run the Game.
4. The Player must not use anonymous proxy services (services that hide user’s location) to access margonem.com website, or the Game.
4. SERVICES PROVIDED ON MARGONEM.COM
1. The main service provided on a web page margonem.com is a web game “Margonem.” For this purpose, the Service Provider shares resources of their (or leased) teleinformatic system, required software on the server side (game engine, web page), and a web browser (game client).
2. Usage of margonem.com website and the Game itself is voluntary and free of charge in the minimum range. The Service Provider reserves the right to charge for selected services, or game elements, included in the Agreement, separate price list, or in “Draconites” section.
3. The SP reserves the right to benefit from advertisements placed on margonem.com website, and in the Game itself.
5. GAME REGISTRATION
1. Registration in the game is free of charge.
2. Registration activates an Account under conditions of the Agreement and indicates that the Player has read and acknowledged the terms of this Agreement.
3. Persons willing to register their Account on margonem.com must be aged 13 or older.
4. Registration in the game is unequivocal with concluding an agreement with the Service Provider under the terms of the Agreement.
5. The Player completes registration process by clicking “Play Now” button and filling in the form correctly, which allows to create a new account in the Game’s database.
6. After a successful acceptance of the Player’s data system creates a new account in the Game. Login and password entered by the Player are used to logging in the Game.
7. The Player is obliged to remember their login and password. Losing the password causes creating a new Account. Elements of the lost character’s equipment amassed by the Player, including remitted elements, will not be transferred to a new character.
8. The player is responsible to keep their password secret. The Service Provider does not take any responsibility for the Player losing their login, or password, and further consequences of losing the aforementioned data.
9. The Player is obliged to update their email address (if submitted during registration process) before changing it. An email address is a main contact form between the Player and the Service Provider. The Player is fully responsible for any harm caused by providing an incorrect or outdated email address.
10. In case of loss of access to the email account provided by the Player in the registration process, or later changed on the Player’s demand, it is impossible to change that address, except by purchasing premium service allowing to change the blocked email address. If the Player forgets, or loses, their Account password and decides not to purchase the premium service allowing to change the blocked email address, they will lose their account access forever.
11. The Player states that the credentials submitted in the registration process:
a) are genuine;
b) do not lead to an infringement of a third-party rights;
c) do not violate applicable law and rules of social coexistence.
12. Accounts under level 10 are automatically deleted after 30 days of inactivity (not logging into the Account). Accounts having at least 75 Draconites are automatically deleted after 1000 days of inactivity. The rest of accounts are automatically deleted after 365 days of inactivity. Accounts banned for over 180 days are automatically deleted after 180 days of active ban.
6. DRACONITES
1. In order to buy Draconites, the Player has to use one of the options in “Draconites” section (http://margonem.com/draconite).
2. The service of sharing Draconites is acknowledged by the SP as finished once the Draconites are available on the Player’s account, regardless of whether the User used owned Draconites.
3. Using “Draconites” section, the Player can add Draconites to their Account via online payment, via SMS, using WoloPay services, via Paysafecard, (http://www.paysafecard.com/pl/), via Steam Wallet, via Xsolla Inc services or iMoje services. It is also possible to generate transfer form to complete payment via postal service.
4. Purchased Draconites are transferred to the Player’s Account immediately after the Service Provider receives the payment. The Player agrees to immediate execution of the service, and is aware of the fact that in accordance with article 38, point 1 of the Consumer Rights Act from May 30th, 2014 (Journal of Laws from 2014, item 827, as amended), they lose the right to withdraw from the contract once the service is completed.
5. The User may also purchase Draconites with cash in the Service Provider’s headquarters, listed in the second section of the Agreement. In this case, the Draconites are transferred to the Player’s account once the transaction is finalized.
6. The service of refilling Draconites can be purchased only by adult persons, or persons aged 16 or older with a permission from their legal representatives (parent, guardian, keeper).
7. Loss of access to the Account, for example by losing password, or access to the email address provided in the registration process, means irreversible loss of access the Account, and the Draconites, without refund.
8. The User is responsible to keep their password secret. The Service Provider does not take any responsibility for the Player’s Account password, or login loss, or any actions taken afterwards using aforementioned credentials.
9. Every time, before the purchase, the User must read the price list of all payment methods carefully. By purchasing the service, the User accepts the prices of the services and the Agreement with later amendments.
10. In case of any errors occurring in the “Draconites” section, the User should contact the Service Provider immediately.
11. All transactions with the use of Draconites between the Players are forbidden.
12. There is no possibility of exchanging Draconites on real money (or any money equivalent), even if, the Player does not use all of their owned Draconites.
13. Person using “Draconites” section is obliged to provide their genuine personal data, if the subject providing services demands submitting such data.
14. The Service Provider reserves the right to change the service prices without providing reasons. Price change enters into force after 7 days of publishing information on price change in the “Draconites” section. Every time, current price lists will be available in the “Draconites” section. Prices in “Draconites” section, and any other place on margonem.com, are not trade offers within the meaning of the trade law and the civil code.
15. In case of no confirmation of the transaction from “Draconites” section, in the form of not receiving Draconites in the time guaranteed by the subject providing payment service, the User should contact the Service Provider immediately.
16. The Service Provider does not take any responsibility for wrongly provided personal data by the User in the transfer forms, payments, or SMSes.
17. In case of Individuals pursuing no business activity within the meaning of Goods and Services Tax Act, the Service Provider has no obligation to issue a VAT invoice, in accordance with article 106, paragraph 4 of the aforementioned act. Willingness to receipt of the invoice must be reported in the statutory deadline for issuing an invoice on demand. The request must be sent via a certified letter to the Service Provider’s Headquarters, with a bank transfer confirmation and an addressed return envelope attached.
18. Draconites can be exchanged between NPCs and the Player for a variety of additional elements. Every time, the Player should get themselves acquainted with current in-game price lists. There is no possibility to undo, or withdraw from the transaction of exchanging Draconites. The Player is fully responsible for their actions and cannot claim a refund of Draconites, or any intervention from the SP in case of any errors made specifically by the Player during transaction.
19. Services that has not yet been fully automated can be provided by SGMs (Super Game Masters), Administrators, or persons designated by the Service Provider. Such services and procedures related to them are described in detail on the pages devoted to the Game’s online documentation.
20. The Service Provider reserves the right to change, or adjust elements and services exchanged for Draconites to current needs without providing reasons. Any change enters into force after 7 days of publishing information on margonem.com. Every time, amount of Draconites charged is visible in the Game, or is listed in the Game’s online documentation. In case of any doubts, the Player should withdraw from the virtual transaction and contact the SP.
21. The Player acknowledges and accepts that any transactions made in the Game, between the Players, or between the Players and NPCs, in particular, also on the ground of Draconites, are virtual in-game transactions valid in Margonem
world only. The statement also applies to the non-automated transactions with persons designated by the SP. Transactions made in game are not trade offers within the meaning of the trade law and the civil code. The Player declares that they will not claim any compensation, or refund related to such transactions.
22. The Player acknowledges that NPC, or a person designated by the SP may refuse to exchange Draconites for a specific equivalent in the Game, if the situation in the Game, the Player’s experience level, other factors related to the Game, or the Player’s character do not allow to do so, or it would harm the Game to other Players, or the services provided by the SP, or for any other significant to the SP reasons.
23. In case of bank transfer via postal service payment method, the Player has to use the generated transfer forms in “Draconites” section only, or other transfer forms with the generated data. In case of offline transfers, the Player has to fill in the forms with the exact data (the title in particular) as in the generated forms. The maximum time of transferring Draconites to the Player account is 2 working days from the moment of registering the payment on the SP’s bank account.
7. PROVIDING SERVICES. RESIGNATION FROM PROVIDED SERVICES
1. Playing the game is free of charge in the minimum range.
2. The Service Provider will use their efforts to make the Game run correctly, develop it, and popularize it.
3. Activities that may impede or destabilize the Game, expose the Game to loss of its reputation, or violate the provisions of law or third party rights protected by law are unacceptable.
4. The persons designated to monitor the implementation of the Agreement and Netiquette are: Game Masters (GM), Super Game Masters (SGM), and Administrators. The aforementioned persons have right to:
a) warn and reprimand the Player;
b) penalize the Player (by seizing their items, reducing their stats, temporarily banning their characters or Account, or permanently banning their IP address);
c) monitor the Players and their activities;
d) change parameters on the Player’s account.
5. Emails addressed to the SP are not processed if:
a) the Player’s login or nickname are not specified;
b) the email has no topic;
c) the email has no content or the content is unreasonable;
d) the email’s attachments contain computer viruses or malicious software;
e) the email is offensive and vulgar.
6. The Player declares not to exploit any game errors or share them to other Players. The Player also declares to report errors immediately after discovering them to the SP and the moderators.
7. The Service Provider reserves the right to cease providing the Service temporarily.
8. The Service Provider is not responsible for:
a) any damages caused by improper use of the Game, “Draconites” section, or the whole margonem.com website by the Player;
b) difficulties in functioning of the Game, “Draconites” section, or the whole margonem.com website, if the difficulties have been a result of events, which the SP could not foresee or prevent from happening having exercised reasonable diligence, undesired random events, deliberate actions of third parties, including the Internet Service Provider, the Payment Service Provider, or events beyond its reasonable control (accidents, random events etc.);
c) the Player violating the terms of the Agreement;
d) contents posted in the Game by the Players. The Players are responsible for the content they share;
e) intermissions in functioning of the Game, “Draconites” section, or the whole margonem.com website, which have been caused by technical issues (e.g. maintenance, revision, hardware change, software update, database update etc.) and which have been posted before in the Maintenance Schedule (7.20.);
f) loss of the Game data, “Draconites” section data, or the whole margonem.com website data, caused by hardware, software, or database failure, or other circumstances which the SP could not foresee or prevent from happening having exercised reasonable diligence.
9. The Service Provider backs up the Game database and software data periodically.
10. In case of a critical failure, the Service Provider can restore the whole Game, or the Game elements to the state from the previous backup.
11. The Player and the User of margonem.com website and “Draconites” section acknowledges that the Game, “Draconites” section, and the whole service are continuously developed and thus errors, or temporary problems may occur. Any problems should be reported to the Service Provider, who declares to take immediate action to solve the them.
12. The Service Provider does not take any responsibility for server and network infrastructure issues, which are a result of technical issues of third party companies. The Service Provider will use their best efforts to compensate the suffered losses to the Players, if such issues occur, as stated in 7.21.
13. All transactions between the Players and NPCs are purely virtual in nature (to diversify the Game) and have no legal value.
14. The Service Provider does not take any responsibility for any indirect or direct losses the Players or the Users may suffer using the Game, “Draconites” section, or margonem.com website.
15. There is no possibility of exchanging any virtual goods in the Game (gold, items, Draconites) for any financial equivalent. The aforementioned goods are elements of the Game only.
16. In case of shutting down the Game project, margonem.com website, or any other provided services, the Service Provider will make the Players aware of that fact 1 month before the shutdown via margonem.com website.
17. The Service Provider may change the Game server, which may result in the Players losing their items, or other elements, fully or partially. In such case the Service Provider will make the Players aware of that fact 1 month before the change via margonem.com website.
18. In case of cessation of providing services by the SP, the Players who have purchased commercial services are not entitled to a refund, even if, they have not used the services (including Draconites).
19. The Service Provider reserves the right to divest the Player of their points (including Draconites) which have been gained illegally, for example by exploiting errors in the Game, or in “Draconites” section. The Player should report any errors immediately to the SP. In case of suspicion of exploiting, the Player’s Account will be banned temporarily, or permanently.
20. Operation of the provided services will be temporarily terminated for several minutes periodically as stated in the Maintenance Schedule:
a) Everyday, around 3:10 am - a database backup - duration: from 3 to 6 minutes.
b) Everyday, around 5:26 am - periodic actions required by the Game system (depletion counting, cleaning rented rooms, daily quests etc.) - duration: from 5 seconds to 1 minute.
c) On selected days, between 6:00 am and 10:00 pm - a new storyline upload, executed by a Super Game Master - duration: around 5 minutes. In case of discovering a critical error, the current version of the storyline may be uploaded at different times.
d) On selected days, in the morning hours, approximately once a month - server software update - duration: around 5 minutes. In case of discovering a critical error that pose a threat of losses to the Service Provider, or the Players, an update may be upload anytime. The Service Provider will make the Players aware of any update longer than 10 minutes 1 day before the update via margonem.com website.
21. In case of disruptions caused by protracted maintenance (7.20.), deliberate actions of third parties, hardware failure, technical issues of third party companies (7.12.), the Service Provider will extend the time of all premium services bought by Draconites by the duration of the maintenance. In case of critical failures, in which the Player will lose part of their Account data, the Service Provider will use their best efforts to compensate the Player’s loss by restoring lost Draconites and bonuses.
8. USER CONTENT
1. By uploading content (comments, posts on the Board, maps, graphics, dialogs etc.), the User declares that they are the owner of that content and that it does not affect the existence or ownership of third parties’ property rights.
2. Authors of the contents (comments, posts on the Board, maps, graphics, dialogs etc.) agree to publish their content on margonem.com website in order to share the content to other Players and Internet users. The authors declare that they do not claim any charges, from the Players, Internet users, and the SP in particular.
3. Under the consent above (8.2.), the authors give their assent to the Players and other Internet users to use their materials, including: multiplication, perpetuation, making digital copies, saving to any digital storage, adding to own databases, in original form, or partially, in form of elaborations, abstracts, stylistic and orthographic correction, modifying, adapting, uploading fully or partially to a computer network by broadcasting.
4. Authors of the contents give any Internet user permission to read, download and use the contents for their personal use.
5. Use of the shared materials, both by receiving and sending, can be held only in accordance with applicable law, rules of social coexistence and will respect intellectual property rights.
6. It is forbidden to upload commercial texts or materials.
7. The Service Provider have the right to publish or delete one or more elements sent by a specific User without providing reasons, particularly in case of suspicion of plagiarism or violating the terms of the Agreement.
9. CONTACTING THE SUPPORT. REPORTING VIOLATIONS OF LAW
1. All comments, complaints, queries and information concerning the Game or margonem.com website may be sent via the Support Panel - http://support.garmory.pl/ or via post
to the Service Provider’s Headquarters address.
2. The Service Provider reserves the right to interfere in the technical structure of the Player’s Account, in order to diagnose abnormalities in the Game or website functioning, implement changes, and affect the technical side of the Player’s Account by any means to modify it, or restore its, the Game’s or the website’s functionality.
3. In case of ascertainment that one of the Users have uploaded materials violating law, the User should report it to the Service Provider immediately via the Support Panel (9.1.) or via post to the Service Provider’s Headquarters address. The Service Provider reserves the right to suspend users’ access to such content, or delete it from the website or the Game. Reporting any violations should be supported by evidence.
4. The User can fill complaints related to the Game functioning, premium services and penalties imposed on the User’s Account.
5. Complaints should be filled via the Support Panel (http://support.garmory.pl/), which is an integral part of the website. In case of a ban or not owning an Account on the website, it is permitted to create a new Account for contacting the Service Provider purposes only. In case of failure in using the Support Panel, complaints can be sent via email to margonem@garmory.pl.
6. A complaint should include:
a) the User’s username (login or nickname);
b) a detailed description of an occurred impropriety;
c) date and time of learning about the impropriety.
7. The Service Provider has 14 days to verify the reported complaints.
8. The Service Provider will respond to the complaint via the Support Panel or email, depending on which have been used by the User to fill the complaint.
9. Complaints should be filled in the time of 30 days from the impropriety being the base of the complaint. Complaints reported after aforementioned period of time may be rejected from technical reasons.
10. PROCESSING OF PERSONAL DATA
1. Personal Data as defined in General Data Protection Regulation. (Regulation (EU) No 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such and repealing Directive 95/46/EC.).
2. The User’s Personal Data Administrator:
Garmory spółka z ograniczoną odpowiedzialnością sp. k.
Address:
Tarasa Szewczenki 8
40-855 Katowice
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
E-mail address: garmory@garmory.pl
The company is registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”)
KRS (company registration number): 0000519387
NIP (taxpayer identification number): 548-258-11-84
REGON (No. the National Official Register of Business Entities): 241114139
E-mail address: garmory@garmory.pl
3. Accepting Terms of Use Agreement is equivalent with consent to data processing.
4. Providing personal data required to register the account is voluntary and optional, but necessary to buy Draconites via available payment operators or in case of filing a complaint to the Service Provider.
4.1. Participation in the Game and creating a verified account is impossible without accepting the Terms of Use Agreement and data processing consent.
4.2 The User’s consent to the processing of personal data is tantamount to submitting a declaration of having legal capacity to do so.
4.3. Providing any personal data and the User’s consent to the collecting and processing of such data, along with data collected automatically during the Service, is voluntary and is not necessary to provide the Service by the Service Provider.
5. A verified account is the one with the User’s email address.
5.1. Filing complaints on the Game functioning is impossible without submitting a valid email provided.
5.2. Filing complaints is available for the Users with verified accounts only.
5.3. Complaints should be submitted via the Support Panel only.
6. The User may withdraw their data processing consent any moment. Such an action results in loss of access to the Game.
6.1. The application must be registered via the Support Panel.
6.2. Garmory declares to cease processing the User’s data immediately after the verification process.
6.3. The User Account verification process may last up to 14 days.
6.4. The User data will not be deleted from the Game backups. The Game backups are stored for 10 years from their creation to protect the Users’ and the Company’s interests.
7. After completing the registration process and while using the Game, the following data is processed:
7.1. Login – to allow logging in the Game
7.2. E-mail address – to verify the User in case of complaints only
7.3. IP address – to verify the User and protect their interests
7.4. ID and data associated with payments – to verify the payment and assign the purchase of Draconite
8. The Service Provider reserves the right to share the Player’s data to special personas and authorities, if legal regulations stipulate the obligation to do so.
9. The Service Provider or Administrators have right to demand an identity document from the Player, which will prove that the Player’s age meets the Agreement’s requirements - age of 16.
10. Neither the Game nor any of its elements collect or process:
a) Sensitive personal data, in particular, revealing racial or ethnic origin, political views, religious or philosophical beliefs, religious, party or trade union membership, as well as health and other data referred to in the Act,
b) any national identity numbers.
11. The Player has right to:
a) view, correct or complement their personal data,
b) file a complaint related to the processing of personal data to the Supervisory Body, which is the President of the Personal Data Protection Office.
12. The collecting of the data related to the Account’s in-game activity (IP address) does not require a separate User’s consent. The IP address is acquired by the Administrator automatically in order to:
a) ensure the security of the Player’s connection by limiting the possibility of using stolen cookies. At a certain level of account security, the User is not treated as logged in, if their IP address has not changed,
b) ensure the protection against brute force attacks, which rely on constant server querying from one IP address for various data (e.g. guessing passwords or other data allowing to affect the User’s account),
c) verify the User’s conduct in terms of the Terms of Use Agreement and the Scale of Charges.
13. The Data Administrator ensures protection of the collected and processed data against the access of unauthorized third parties,
14. The security measures used by the Administrator include technical, electronic, physical, organizational and contractual means.
15. Under agreements concluded by the Service Provider with entities realizing the payment process, which requires the provision of selected personal data, specific measures (contractual clauses) have been taken to safeguard compliance with the Act regarding the management of entrusted data. The Service Provider shall not be liable for the actual use of data by these entities.
16. In regard to the processing of personal data for the purposes specified in point II.3. and paragraph 3, the Player’s personal data may be made available by the company Garmory spółka z ograniczoną odpowiedzialnością, spółka komandytowa (Garmory limited liability company, limited partnership, hereinafter referred to as Garmory) to other recipients or categories of recipients of personal data, which may include:
a) ING Bank Śląski S.A.
b) Twisto Polska sp. z o.o.
c) Przelewy24 sp. z o.o
d) WoloPay
e) Valve Corporation
f) Xsolla Inc
16.1 Personal data is made available to ING Bank Śląski S.A. (hereinafter referred to as the Bank) in connection with:
a) the Bank’s service of providing online payment infrastructure (legal basis: article 6, paragraph 6, letter f) of the Regulation),
b) the Bank’s service and settlement of the Garmory clients’ Internet payments using payment instruments (legal basis: article 6, paragraph 6, letter f) of the Regulation),
c) the Bank’s verification of the proper performance of contracts concluded with Garmory to ensure the protection of the payers’ interests in relation to the complaints they file (legal basis: article 6, paragraph 6, letter f) of the Regulation),
d) transferring the Player’s personal data to Twisto Polska sp z o.o. due to the possibility of proposing payment for purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, as well as the verification by Twisto Polska sp z o.o. of the proper performance of such contracts (legal basis: article 6, paragraph 6, letter f) of the Regulation).
17. Transferring personal data for the purposes of the contract with the entities listed in paragraph 4.
17.1 In case of the Player submitting their personal data for the purpose of transferring the data to Twisto Polska sp. z o.o. before concluding a contract of sale of a good (or service) with Garmory, transferring the personal data is a condition of concluding the contract of sale due to the business model of Garmory. In case of transferring the Player's personal data to the Bank in connection with the service and settlement of the Player's payments, Internet payments to Garmory using payment instruments, providing the data is required for the payment and confirmation of the payment to Garmory by the Bank.
17.2 In case of transferring the Player's personal data to the Bank in order to verify the proper performance of the contracts concluded with Garmory, ensuring protection of the interests of payers in relation to their complaints in particular, providing the data is required to conclude the contracts between Garmory and the Bank.
17.3 In case of transferring the Player's personal data to Twisto Polska sp. z o.o. due to the possibility of proposing payment for the Player's purchased goods or services by Twisto Polska sp z o.o. within the framework of a civil contract including the purchase formula “Kup z Twisto” (“Buy with Twisto”) and making the purchase formula available by Garmory, providing the data is required due to the business model of Garmory and concluding the contract between Garmory and Twisto Polska sp. z o.o.
18. The Service Provider reserves the right to disclose the Player's data to authorized persons and authorities, if such obligation results from the applicable provisions of law.
11. FINAL PROVISIONS
1. If any of the provisions of these Conditions proves to be invalid by a decision of a court, in whole or in part, this will have no effect on the remaining provisions of the Agreement.
2. The Service Provider has right to unilateral change of the Agreement. Any changes to the Agreement enter into force after 14 days of information on that change provided via margonem.com website.
3. Before logging into the Game, the Player should check if the Agreement has not changed. The Service Provider will inform the Players on any changes made to the Agreement via margonem.com website.
4. Logging into the Game is unequivocal with accepting the whole Agreement by the Player.
5. In case of not accepting any changes made to the Agreement, the Player should cease to use the Game and margonem.com website, and inform the Service Provider of their decision.
6. The fact that the Service Provider is not using any of their privileges and/or is not precluding the other party’s failure to fulfill their obligations set forth in the in the Agreement in a specific moment, must not be interpreted as the Service Provider’s abandonment of the subsequent possibility to use their privileges, or acceptance of the other party’s failure to fulfill their obligations set forth in the Agreement.
GARMORY SP. Z O.O. SP.K. COOKIES POLICY
1. We use cookies in our Games and Services. Cookies are tele-information data, especially text files, which are placed on data terminal equipment of our Games and Services Users.
2. Cookies often contain web page address, which placed them, storage time and unique number.
3. Cookies are used to identify the data terminal equipment and the web browser of the User and register the User’s activity in Garmory Games and Services to adjust content, services and preferences for the User, basing on that activity. The purpose of these actions is improvement of Garmory Games and Services and their adjustment to the specific User’s needs.
4. The entity placing cookies on the User’s data terminal equipment is the owner of Garmory Games and Services - Garmory sp. z o.o. sp. k., address: Tarasa Szewczenki 8, 40-855 Katowice, registered in the 8th Commercial Department of National Forensic Service, District Court of Bielsko Biała (“Sąd Rejonowy w Bielsku Białej, VIII Wydział Gospodarczy Krajowego Rejestru Sądowego”), with a fully paid-up share capital of: PLN 5000.00, KRS (company registration number): 0000322540, NIP (taxpayer identification number): 548-258-11-84, REGON (No. the National Official Register of Business Entities): 241114139 (General Trade Terms (“OWH”) §2).
5. Cookies used in Garmory Games and Services can be divided into the following types:
a) Necessary – utterly needed for Garmory Games and Services operations and functionalities used by the User.
b) Functional – used for user personalization according to the User’s preferences and maintaining high functionality of Garmory Games and Services. Blocking them might stop some functions from working.
c) Advertising – allow to display advertising content adjusted to the User’s interests and its personalization, making it more valuable to the advertisers.
6. Cookies placed on the User’s data terminal equipment can be divided into temporary and permanent. Temporary Cookies, the so-called Session Cookies, allow the logged-in User to use Garmory Games and Services without logging every time necessary on the subpages and are deleted from the User’s hard drive on logging out, closing the web page or the web browser. Permanent Cookies stay on the User’s data terminal equipment for definite or indefinite period of time and are not deleted on the web page or web browser close.
7. The Service Provider informs that cookies of Garmory Games and Services, owned by the Service Provider, may not be the only cookies placed on the User’s data terminal equipment, as the Service Provider shares some of Garmory Games and Services space to its partners and third-party companies for marketing purposes. Therefore, cookies of the aforementioned partners and third-party companies may be placed on the User’s data terminal equipment.
8. The Service Provider informs that web browsers most often accept cookies by default, but all of the current web browsers can be configured not to delete cookies, inform the User on any attempt of saving cookies, not to save cookies on the User’s data terminal equipment or reject cookies completely. The User can delete all such files manually from their browser but must be reckoned of possible restricted functionality of Garmory Games and Services.
Administrative blog
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