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.
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.
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: email@example.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.
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.
Contact details and way of communicating with Jet Toast: (a) e-mail address: firstname.lastname@example.org; (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".
, is an integral part of these Terms of Service.
These Terms of Service shall be effective as of 25th May, 2018.