BLOCKY FARM TERMS OF SERVICE

Last updated: 25th May, 2018.

These Terms of Service prescribe the terms and conditions of using the Blocky Farm Application (hereinafter referred to as "Application" or "Blocky Farm"). Any person willing to use the Jet Toast Application is obliged to become acquainted with these Terms of Service first.

Before using the Application, a User (hereinafter referred to as "User", "you", "your", "Player") shall become acquainted with and accept these Terms of Service and the Privacy Policy, which constitutes an integral part of these Terms of Service. The services and functionalities of the Application shall be delivered and provided by Jet Toast, pursuing business activity under the name Jet Toast sp. z o.o. sp. k. (hereinafter referred to as "Service Provider", "we", "us", "our", "Jet Toast"), address: 1 Mokotowska Street, 00-640, post office Warsaw, Tax Identification Number NIP: 7010780724, National Business Registry Number REGON: 368867610, registered in the National Court Register (Krajowy Rejestr Sądowy, KRS) under the number 0000706709 maintained by the minister in charge of economy.

If you do not accept the provisions of these Terms of Service, you may not use Blocky Farm or obtain access to the Application. Some special functionalities provided by us may be subject to terms and conditions which are additional and supplementary to these Terms of Service. In the case of any divergence between these Terms of Service and the terms and conditions applicable to such special functionality, the terms and conditions applicable to it shall prevail (before you start to use a functionality subject to other terms and conditions, you shall be expressly advised on that). We provide these Terms of Service and other terms and conditions regulating services to all interested persons free of charge prior to conclusion of the Agreement, as well as-upon your request-in a way which enables you to obtain, reproduce and record the wording of the Terms of Service by means of a teleinformatic system used by you.

Blocky Farm is a virtual presentation of activity and activities in which a farmer may be involved. In no event do they suggest, though, that such activity and activities are reflected in the reality. When using the Application you will also carry out activities (e.g. related to plant breeding or animal treatment) which you should nevertheless not carry out beyond the Application, what is more, it is prohibited.

By accepting these Terms of Service, you undertake to use Blocky Farm in accordance with its intended use, applicable legal provisions, social standards and rules of social conduct, and the provisions of these Terms of Service. Detailed rules regarding operation of the Application are available in the dedicated tabs of the Application.
The terms used in these Terms of Service shall have the following meanings:
  • Farm - a free of charge service provided by electronic means by Jet Toast; a modifiable part of the Application individually assigned to you
  • Newsletter - a free-of-charge service provided by electronic means, through which we inform you on what it new in the Application by sending selected and edited content in the form of an electronic letter to the e-mail address indicated by you
  • Privacy Policy - the document which governs the security of protecting the privacy and processing your personal data; The Privacy Policy constitutes an appendix to and an integral part of these Terms of Service
  • Profile - part of the Application dedicated to you which is linked to the Farm and contains data pertaining to you which are available to the public
  • Content - any kind of materials (also pictures or texts) posted by you in the Application
  • Agreement - an agreement concluded between Jet Toast and you the subject matter of which is the use of the Application and Services by you, the general provisions of which are prescribed in these Terms of Service
  • Service/Services - services provided by Jet Toast by electronic means in the form of the Farm, other functionalities of Blocky Farm and the Virtual Currency license
  • User (Player) - any person using Jet Toast with at least limited capacity to perform acts in law
  • Virtual Currency - elements made available within Blocky Farm, to which you may acquire rights pursuant to these Terms of Service; Jewels and coins are the Virtual Currency

PLAYERS

Our Services may not be used or accessed by persons below the age of 13.

If you are between the age of 13 and 18, you may use the Application in the scope in which you may assume rights and incur obligations in accordance with the provisions of law applicable to you. If the provisions of law applicable to you require that you obtain your legal custodian's consent to use our Services, by the conclusion of the Agreement, at the latest, your legal custodian has to give his/her consent to its conclusion and use of the Application. If you install and activate the Application and are a minor, you declare that you conclude the Agreement with your legal custodian's consent.

APPLICATION

You may download the Application through online stores Apple App Store (for the iOS system) or Google Play (for the Android system). In order to install the Application, to update its functionalities and to enjoy them, you have to meet the following minimum technical requirements: a smartphone with the Internet access, with installed iOS 8.0 or higher (for the Application version downloaded from AppStore) or Android 4.4 or higher (for the Application version downloaded from Google Play), which enables correct installation of the Application. In order to complete the Profile with pictures, first and last name, it is necessary to have an active account on the website www.facebook.com.

Using the Application is free of charge, but it may involve for you costs of data transmission resulting from agreements concluded between you and telecommunication operators or other Internet providers, and from the scope of such data transmission (downloading the Application, installing and launching it, and further using Blocky Farm).

We have the right to modify elements and functionalities of the Services, in particular to update the Application, whereby we undertake that they shall not entail deterioration of the quality of our Services. Such modifications shall not constitute an amendment to the Agreement, but if you refuse to accept them, you may terminate the Agreement with immediate effect with no consequences from us, and remove the Application.

FARM

In order to use Blocky Farm you have to activate the Farm. The Farm is activated for you automatically after you install the Application and then open it. Upon acceptance of the Terms of Service and activation of the Farm for you, the Agreement for unlimited period of time is concluded between Jet Toast and you, provided that you have met the conditions for using the Services as required by the Terms of Service. By concluding the Agreement with us you declare that your use of the Services is and will be compliant with the law applicable in your country and that you are authorised to conclude the Agreement in accordance with the law applicable in your country.

You may uninstall the Application at any time with immediate effect. Yet in order to completely remove the Application and terminate the Agreement (and therefore delete the Farm) you should send a relevant declaration of will to Jet Toast. Termination shall become effective with immediate effect upon its receipt by Jet Toast without providing reasons. We may also delete your Farm, and therefore block you access to the Application in line with the provisions of the Terms of Service.

Along with the deletion of the Farm, your Profile and Content provided within your Farm shall be deleted.

The foregoing shall be applied accordingly to termination of the Agreement.

In the case of termination of the Agreement, you shall also terminate the Virtual Currency license agreement. Termination of the license agreement shall not authorise you to reimbursement of its costs, unless the termination took place for reasons which are not attributable to you.

The Farm shall be non-assignable and non-transferable.

PROFILE

You may not create a Profile which: (a) would be independent on your identity, in particular, it is prohibited to create Profiles which are false or which unlawfully use third persons' name; (b) is used to send spam/unsolicited commercial information; (c) is of erotic character or otherwise in violation of the intended use of Blocky Farm;.

TERMS OF USE OF BLOCKY FARM

You undertake that by means of the Services, within the frames of Blocky Farm, you shall not: (a) undertake any actions which may hinder or impede the functioning of Blocky Farm, or use Blocky Farm in a manner onerous to other Players, (b) act to the disadvantage of other Players or Jet Toast, (c) infringe local, state, regional or national law or other legal acts, statutes or ordinances, (d) disseminate worms, spyware or malware, including computer viruses, cracking or phishing, or act in any other manner which would in a prohibited manner allow to interfere with Blocky Farm or the security of its provision or Players' data, (f) procure Players' personal data in a prohibited manner and without their consent, or act in any other way which may constitute a violation of other Players' right to privacy.

Your culpable infringement of the rights to the Services may cause either of the following responses of Jet Toast: (a) warning the Player, (b) blocking access to the Farm, (c) deleting the Content, (d) deleting the Farm, (e) preventing the Player to establish a Farm again.

We may block or terminate your possibility to use the Application or Services at any time due to your culpable infringement of the provisions of these Terms of Service. Termination of the provision of Services for you shall not affect the effectiveness and binding force of other points of the Terms of Service which directly or due to their character have to remain in force even after termination or expiration of the Agreement.

VIRTUAL CURRENCY

You may acquire from us the license related to the Virtual Currency available within the Application. For this purpose you shall file an order for the Virtual Currency selected by you by means of the dedicated Service.

By confirming the purchase of the Virtual Currency selected by you by means of the appropriate notice, you place an offer with Jet Toast to conclude the license agreement for the Virtual Currency which is the subject matter of the order. The license agreement shall be concluded upon Jet Toast's accepting the abovementioned offer and making the Virtual Currency available on your Account.

The license shall be limited to the Application and, in terms of time, until you use up the objects covered by the Virtual Currency (coins or jewels). The license agreement shall be concluded for the time until the balance of the Virtual Currency indicates zero.

In order to obtain the license to use the Virtual Currency, when clicking the button in the purchase window:
  • you agree that we may commence providing the Service which is the subject matter of the license for you immediately upon clicking the button; and
  • if you have a permanent place of residence within the European Union, you confirm that upon commencement of the provision of the Virtual Currency Service you lose the right to withdraw from the remote agreement.

Although the Application may display messages using expressions like "buy", at no time shall a transfer or assignment of rights to any elements of the Application, in particular to the Virtual Currency, take place within the frames of Blocky Farm. By making the payment within the Application you shall not become the owner of the Virtual Currency.

The balance of the Virtual Currency shown on your Account shall not constitute the equivalent of any currency beyond the Application, and shall not constitute the equivalent of real amounts or values. The Balance of the Virtual Currency shall only be used to measure the license and shall only be an indication when the license is to expire.

The prices indicated in the Application shall be gross prices, i.e. they include all customs and taxes. The binding price shall be indicated in the purchase window upon your sending it to Apple App Store or Google Play. Proceeding to perform the Service shall be conditional upon your making the due payment for the Virtual Currency license.

The payment method shall be determined by the settings of your account in Apple App Store or Google Play.

CONTENT

Any data and information as well as other materials which you provide to the Application shall constitute the Content. When providing the Content into the Application, you warrant and represent that: (a) you are the owner or legal holder of the Content at least to the extent required pursuant to your commitment to abide by the provisions of these Terms of Service, (b) the Content does not infringe third persons' rights, (c) using and managing the Content within the frames of the Services does not infringe third persons' rights.
You may not post in the Application or use within the frames of the Services any Content which may: (a) be of unlawful character, infringe personal rights or interests of third parties, (b) promote infringement of law or encourage such behaviours, (c) propagate ideologies, methods and practices contrary to the idea of Blocky Farm, (d) contain threats, incite aggression or contain elements of unlawful violence, (e) constitute materials which may be used for unlawful, misleading, malicious or discriminating purposes, (f) evidently contradict the rules of social co-existence, common moral and social norms or rules of "netiquette", (g) contain vulgarisms and phrases which may in any way violate someone's dignity, (h) promote other websites or other Internet service providers, (i) propagate hatred based on race, nationality, denomination or worldview-related reasons.
You shall be fully and independently liable against us and third persons for the Content and any damage resulting from the use or management of the Content. You shall also be liable for the message conveyed by your Content and consequences of its dissemination. We shall neither be responsible for creating backup copies of your Content, nor liable for your losing the Content as a result of your culpable deletion of the Farm or Application. We do not endorse, represent or guarantee the completeness, accuracy or reliability of any Content provided through the Services.

JET TOAST SERVICES

The Services and Application and their components, including design, content and graphics, shall be protected by the copyright and/or other rights related to intellectual property, such as trade marks, industrial designs or trade secrets, belonging to Jet Toast, with the exclusion of the Content.

Subject to relevant provisions of these Terms of Service, as long as you abide by the provisions of the Terms of Service, we grant you the license to use the Application for your own purposes, without the right to grant sublicenses, which license shall be non-transferable, unlimited in terms of territory and with a term limited to the time in which you keep the Farm. No authorization, whether indicated expressly in the Terms of Service or implied, shall transfer any intellectual property rights belonging to Jet Toast to you or to any third person.

The license and other rights granted to you by Jet Toast shall be subject to the following restrictions: (a) you may not reproduce, disseminate, lease or dispose of or otherwise redistribute, whether directly or indirectly, against charge or free-of-charge, otherwise than through Jet Toast, elements of Blocky Farm, (c) modify, compile, reformulate Blocky Farm, as well as use or develop the intellectual property belonging to Jet Toast for the purpose of creating own products and services, (d) use the intellectual property belonging to Jet Toast for a fraudulent purpose or to our disadvantage. Even if you use Blocky Farm within the frames of fair use, you may not dispose of its copyrights markings and other proprietary notices. The same applies to copies.

NEWSLETTER

We shall provide the Newsletter subscription service free of charge. In order to subscribe for the Newsletter, you may order the Service through the form available on our website. For this purpose, it is necessary that you indicate your e-mail address.

Upon activating the envelope icon, the agreement for the provision of Newsletter service for an unlimited period of time shall be concluded between Jet Toast and You. You may terminate the agreement for the provision of Newsletter service at any time by deactivating your subscription. Resignation from the Newsletter shall proceed by activating a relevant link provided in each electronic letter sent under the Newsletter service.

COMPLAINTS

You may file a complaint concerning the operation of Blocky Farm. A complaint should include at least details enabling identification of you as the complaining person and should state reasonable reservations and comments concerning Blocky Farm or the Services. You should send the complaint via e-mail to the following address: support@jettoast.com or to the correspondence address of Jet Toast as indicated at the beginning. If the complaint needs to be complemented, then we shall contact you with a request to complement it.

We shall take a stance towards your complaint within 14 days from its receipt. You shall receive a response at the address from which you have sent the complaint, or at the address stated by you in the complaint report.

DISCLAIMERS

The Services shall be provided on an "as-is" basis and Jet Toast shall expressly disclaim any and all warranties and conditions of any kind, whether express, implied or statutory. We make no warranty that the Application will meet your expectations, will be available on an uninterrupted, appropriate, secure or error-free basis, or will be error-free, reliable, free of viruses or other harmful software, complete, legal or safe. If the applicable law requires any warranties with respect to the provided Services, duration of such warranties shall be limited to 90 days from the date of the first use.

The Application may contain links to third-persons' sites or resources. The User acknowledges and accepts that Jet Toast shall not be held liable for: (i) availability and accuracy of such third-persons' sites or resources; or (ii) content, products or services available through such third-persons' websites or resources. Links to such websites or resources shall not indicate that Jet Toast supports such websites or resources or content, products or services, available from such third-persons' sites or resources.

SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF IMPLIED WARRANTIES, THUS THE FOREGOING EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. SOME JURISDICTIONS DO NOT PERMIT LIMITATION OF DURATION OF IMPLIED WARRANTIES, THUS THE FOREGOING LIMITATION MAY BE NOT APPLICABLE IN YOUR CASE.

LIMITATION OF LIABILITY

To the extent permitted by law, in no event shall Jet Toast be liable to you or third persons for any lost profits, lost data, cost of purchase of substitute products or any damage arising from your abiding by the Terms of Service or inability to use Blocky Farm, even if Jet Toast is aware/has been advised of the possibility of such damage. In particular, we shall not be liable for any damage resulting from your using the Services which is contrary to the usual use compliant with its intent or the idea of the Application. Access to and use of Blocky Farm shall be at your own discretion and risk.

SOME JURISDICTIONS DO NOT PERMIT LIMITATION OR EXCLUSION OF LIABILITY, THUS THE FOREGOING LIMITATION OR EXCLUSION MAY BE NOT APPLICABLE IN YOUR CASE. In such a case, the following provisions related to liability shall be accordingly applicable to you: Jet Toast shall not be held liable for any damage resulting from your culpable: (a) infringement of the provisions of these Terms of Service, (b) the manner in which you use Blocky Farm or the Services, (c) a short-term lack of access or disrupted access to the Application resulting from the necessity to perform reparatory, maintenance or improvement works in the Application, with a proviso that none of the above mentioned disclaimers of liability shall limit the principle that the Users being consumers are protected by such regulations applicable in their country of habitual residence which may not be excluded by means of an agreement.

THIRD PARTY CONTENT

The Application may include advertisements for which Jet Toast obtains remuneration on commercial conditions.

We shall not represent or control the content displayed in these advertisements.

If the advertisements contain links redirecting beyond the Application, they shall be beyond our control. In such a case, we shall not be held liable for any terms of service and privacy policies of companies to which you will be redirected upon activating such a link.

AMENDMENT TO THE TERMS OF SERVICE

Jet Toast may amend these Terms of Service due to material reasons, whether legal (amendment of generally applicable law or change of the organizational form of Jet Toast) or technical (modernization of Blocky Farm or the Services, change of the operation manner of Block Farm or the Services). You shall be notified on any amendment to the Terms of Service along with the reasons of such amendment via message displayed in the Application upon the entry into force of the new Terms of Service. If you refuse to agree that the new Terms of Service be applicable to you and constitute an amendment to you Agreement, you are obliged to terminate the Agreement within 7 (seven) days from the date of notification on the amendment to the Terms of Service.

DISPUTE RESOLUTION AND ATRBITRATION

Any disputes resulting from or related to the use of the Application shall be finally settled by binding arbitration in accordance with the rules and under the auspices of the court competent for the registered office, according to the rules of this Court applicable as at the day of filing the motion for arbitration. The proceedings shall be conducted in Polish or English by one or more arbitrators appointed according to these rules. The Parties, their representatives, any other participants and arbitrators shall be subject to confidentiality obligation with regard to the existence, subject matter and result of the arbitration. The arbitrator’s decision shall be final and binding. These Terms of Service shall prescribe settlement of disputes by means of arbitration only. Even if the governing law states otherwise, the Player agrees and waives the right to participate in a group action. Some jurisdictions do not allow such limitation of seeking claims; in such a case this clause shall not be applicable to you and clause below shall be applied.

Should any dispute arise, you may refer to an arbitration court for mediation or settlement (you may take advantage of alternative dispute resolution, ADR). To this end, at your own discretion, you should file a motion for mediation or motion for settling the case before an arbitration court. Specific information concerning access to these procedures are available at competent bodies, including on their websites. In other cases, the local jurisdiction of the court shall be established in accordance with the rules prescribed in a legal act applicable to the Player being a consumer. Being a consumer you may also take advantage of out-of-court means of considering complaints and seeking claims by means of submitting your complaint through the EU online platform ODR available at the address: http://ec.europa.eu/consumers/odr/. Any disputes arising between the Service Provider and the User not being a consumer shall be referred to the court with the local jurisdiction over the registered office of Jet Toast.

GENERAL

Contact details and way of communicating with Jet Toast: (a) e-mail address: studio@jettoast.com; (b) correspondence address: Jet Toast sp. z o.o. sp. k., ul. Mokotowska 1, 00-640 Warsaw, Poland

Any communications between you and us will be carried out by electronic means, via e-mail or through the Application. On the basis of these terms of service, (a) you agree for the communication between us and you to be carried out by electronic means, (b) you declare that you are aware and approve that if we reserve in such a communication that its content is binding upon you and effective in the scope of rights and obligations related to the Services, then if it is permitted by the law such a communication shall have an effect tantamount to it being signed by both Parties, with the exclusion of the situation when the law requires a written version for a given legal act to be valid. The agreements shall be concluded in the English language.

Information included in the Application shall not constitute an offer made by electronic means, but shall be an invitation for the Players to make offers.

The governing law for liabilities resulting from the Agreements shall be Polish law, with a proviso that such choice may not result in a consumer being deprived of the protection resulting from mandatory provisions of the law applicable in the consumer's country of habitual residence. The scope of application of this Agreement shall not include the laws known as the United Nations Convention on Contracts for the International Sale of Goods In the scope not regulated by these Terms of Service, the terms of service of App Store and Google Play shall apply.

If we fail to exercise any of our rights resulting from these Terms of Service, this shall not mean that we have resigned from them.

Headings of particular sections shall be for reference purposes only and shall not be legally binding. The word "including" shall mean "without limitation".

The Privacy Policy, available here, is an integral part of these Terms of Service.

These Terms of Service shall be effective as of 25th May, 2018.



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