Please read these Terms and Conditions carefully before You start to use the Website.
TERMS AND CONDITIONS FOR USE OF THE WEBSITE AT MADDOWNLOAD.COM WEBSITE
- General provisions
- Type and scope of electronic services
- Conditions of providing services and concluding electronic services agreements
- Conditions of posting entries, reviews, and comments
- Conditions of terminating electronic services agreements
- Complaints procedure
- Intellectual property
- Final provisions
I. GENERAL PROVISIONS
- The website located at MadDownload.com is maintained by Tomasz Przyjemski trading as TOMASZ PRZYJEMSKI registered in the Business Activity Central Register and Information Record (CEIDG) operated by the Ministry of Economy of the Republic of Poland, principal place of business and address for service: ul. Krochmalna 32A/21, 00-864 Warszawa, tax identification number NIP: 5271186108, statistical number REGON: 140945210, email address: [email protected], telephone number: +48 502 278 839
- These Terms and Conditions shall govern all use of maddownload.com by all Users.
- These Terms and Conditions set forth: the type, scope and conditions of: rendering electronic services through MadDownload.com ; the conditions of concluding and terminating Electronic Services Agreements as well as the complaints procedure.
- By using the Electronic Services available through the Website the User agrees to be legally bound and to abide by the MadDownload.com Terms and Conditions, game or program licenses or any license covering the use of digital content, specifically including e-book, audiobook or audio-visual files.
- All trade names, program names, game names or names of other products mentioned on MadDownload.com may be registered trademarks, are the property of their respective owners and are used solely for identification purposes. All materials, descriptions and photos presented on the MadDownload.com website are for information purposes only.
- The Website and the Service Provider are not parties to any legal relationship between the User and any third party websites linked to from MadDownload.com , that arises as a result of or in connection with the content presented by such third party websites.
- To all matters not settled herein the following provisions of Polish law shall apply: Civil Code; Consumer Rights Acts of 30 May 2014 (Dz. [Journal of Laws] 2014, item 827); Copyright and Related Rights Act of 4 February 1994 (Dz. U. no. 24, item 83 as amended), Act on Rendering Electronic Services of 18 July, 2002 (Dz. U. no. 144, item 1204 as amended) And all other applicable provisions of Polish law.
- REGISTRATION FORM – means the electronic form available at MadDownload.com required to register an Account. The Registration Form enables the creation of an Account assigned to a specific User.
- ONLINE GAME – is an Electronic Service that provides Users with a real-time opportunity to compare their skills.
- ACCOUNT – means an electronic collection of data, including User data, stored on the Service Provider’s ICT-System and identified by individual username (login name) and password chosen and registered by the User.
- CONSUMER – means any natural person who, in transactions covered by these Terms and Conditions, is acting for purposes that are outside their business, trade or profession.
- LICENSE – means a license agreement as defined in chapter 5 of the Copyright and Related Rights Act of 4 February 1994 (Dz. no. 24, item 83).
- TERMS AND CONDITIONS – means these Terms and Conditions.
- WEBSITE – means the Service Provider’s Website located at MadDownload.com.
- SYSTEM OF REVIEWS – shall refer to an electronic service enabling Users to post reviews on the Website.
- SERVICE PROVIDER – means Tomasz Przyjemski trading as TOMASZ PRZYJEMSKI, ul. Krochmalna 32A/21, 00-864 Warszawa, tax identification number NIP: 5271186108, statistical number REGON: 140945210.
- USER – means any natural person, a corporate or non-corporate entity granted legal capacity under imperative provisions of law, using the Electronic Services.
- ELECTRONIC SERVICE – means any service provided electronically by the Service Provider to the User through the Website.
- SEARCH ENGINE – shall refer to an Electronic Service made available to Users by the Service Provider. The Website’s Search Engine enables to search for particular advertisements or content based on the User-selected criteria (by means of filters).
III. TYPE AND SCOPE OF ELECTRONIC SERVICES
- The following Electronic Services are made available through the Website:
- website Account,
- downloading files and other digital content made available on the Website,
- linking to external websites,
- using the Search Engine,
- using the Review System.
- These Terms and Conditions shall apply to all Electronic Services provided through MadDownload.com .
- The Service Provider reserves the right to display advertising content on the Website. Such content is an integral part of the Website and the materials presented therein.
IV. CONDITIONS OF PROVIDING SERVICES AND CONCLUDING ELECTRONIC SERVICES AGREEMENTS
- The Electronic Services set forth in chapter III point 1 of these Terms and Conditions is free of charge.
- Term of the agreement:
- The Electronic Services Agreement for Account management is concluded for an indefinite period of time.
- The Electronic Services Agreement for downloading files and other digital content from the Website Engine is concluded for a definite period of time and terminates when the User ceases to use the Service. During file download, installation wizard may be launched to install additional components. Explicit user consent is required to install additional components.
The digital content available for download is accompanied with a description and download links (if it is free of charge) or external links to third party websites where the User may download or purchase particular content.
- The Electronic Services Agreement enabling maddownload.com to link the User to third party websites is concluded for a definite period of time and terminates when the User ceases to use the service.
- The Electronic Services Agreement enabling the User access to the Search Engine is concluded for a definite period of time and terminates when the User ceases to use the Service.
- The Electronic Services Agreement for using the System of Reviews is concluded for a definite period of time and terminates once the review is posted.
- End-user hardware, network and software requirements for the ICT system used by the Service Provider:
- a computing device, such as PC, smartphone, tablet with an active internet connection,
- email address,
- Internet browser,
- The User agrees to use the Website in accordance with the principles of good practice, only for lawful purposes and in a manner which does not infringe the personal rights and intellectual property rights of any third party.
- The User is obliged to provide accurate and complete information to the Service Provider.
- The User is prohibited from providing any unlawful or illegal content.
- The User is forbidden from:
- Intentionally submitting personal information of any third party (including their email address),
- disclosing information of any third party, specifically including their personal data, telephone number, address, email address, photographs, films without an express consent of the data subject,
- posting or distributing content that damages the reputation of any third party as well as content that is offensive or otherwise violates the law,
- making threats against any third party, soliciting other Users or otherwise violating their rights (including personal rights)
- engaging in spamming or spam-like activity,
- disclosing one’s password and login to other individuals or sharing an account with other persons,
- linking (directly or indirectly) to competitive websites,
- distributing advertising content in any form,
- sending messages of commercial character.
- The Service Provider reserves the right to refuse to publish or to remove content which violates the provisions of these Terms and Conditions, the generally applicable law and the accepted principles of morality. This includes but is not limited to:
- Content that is generally considered offensive or rude,
- Racist content,
- Pornographic or erotic content,
- Content that is fraudulent or constitutes unfair competition,
- Content violating copyrights and intellectual property rights,
- Deceptive content,
- Content advertising other websites, specifically including competitive websites,
- SPAM or promotional material,
- Content informing about a competition event organized without the express consent of the Service Provider.
V. CONDITIONS OF POSTING ENTRIES, REVIEWS AND COMMENTS
- The Service Provider, administrators and moderators undertake to ensure that all content considered illegal is removed without delay.
- In the event that the Service Provider becomes aware of a statement on the Website that violates or is suspected to violate the generally applicable provisions of law (specifically including statements which are defamatory to individuals or entities, inciting hatred, racism etc.), the Administrator shall inform relevant services and provide them with all necessary data, such as IP and email address.
- While using the Website Users are expected to rely on the principles of mutual respect and good manners.
- The views expressed on the Website are the author’s own and do not represent the views of the Service Provider, administrators, moderators or webmasters of MadDownload.com (with the exception of messages they posted themselves).
- It is strictly forbidden to disclose information including email addresses, www pages, telephone numbers as well as prices of products or services or other advertising content in posts or post titles.
- The webmaster, administrator and moderators are authorized by the Service Provider to remove, change or close every thread or post at any time if it is determined necessary and to punish the author with a posting ban.
VI. CONDITIONS OF TERMINATING ELECTRONIC SERVICES AGREEMENTS
- Terminating an Electronic Services Agreement:
- Continuing and indefinite-term Electronic Services Agreements (e.g. account maintenance agreement) may be terminated.
- The User may terminate the agreement with immediate effect and without giving any reason by sending an appropriate statement to the following e-mail address: [email protected], or by selecting the suspend option.
- The Service Provider reserves the right to terminate continuing and indefinite-term Electronic Services agreements in the event that the User violates any obligation deriving from these Terms and Conditions. This applies particularly to Users who provide illegal content and continue to do so despite receiving a cease and desist letter from the Service Provider. The termination shall be effected within 7 days of serving an advance notice in writing (agreement termination period).
- The notice of termination leads to a cessation of legal relations with the effect for the future.
- An Electronic Services agreement for placing a lonely hearts advertisement on the Website may be terminated at any time by mutual agreement of the parties.
VII. COMPLAINTS PROCEDURE
- Complaints procedure for the Electronic Services offered by the Service Provider::
- Notice of a product defect and all statutory warranty claims should be submitted via email to: [email protected]
- All claims should contain sufficient detail about the matter that is at issue. Specifically, claims should include information regarding circumstances, the nature of the claim, the date when the issue first arose as well as the issuer contact details. Providing all necessary data will speed up the claim-handling process.
- All complaints shall be resolved promptly and in any event no later than within 14 days following the date of receipt.
- A response to the complaint shall be sent by email or other preferred method of contact indicated by the complainant.
VIII. INTELLECTUAL PROPERTY
- The compilation of all content located at MadDownload.com (except User-generated content and elements whose rights have been licensed or assigned and all the content as for example trademarks, names of the programs, games and other products, their graphic designs and also names of the movies, films, songs, companies and their logotypes and graphics, which belong and are reserved to their owners are used on the MadDownload.com web site just for the identification reasons), is the exclusive property of Tomasz Przyjemski trading as TOMASZ PRZYJEMSKI, ul. Krochmalna 32A/21, 00-864 Warszawa, NIP: 5271186108, REGON: 140945210. The User shall bear all liability for damages resulting from their use of the content of MadDownload.com without the consent of the Service Provider.
- It is strictly forbidden to use the content available via MadDownload.com in any manner which goes beyond acceptable use set out by relevant provisions of law. It is particularly forbidden to reproduce the content and distribute it through other websites or otherwise distribute the content, in whole or in part, to any third party in a manner that transgresses legal boundaries; to post links to the Website so that it is impossible or difficult to identify the source of the materials; to reproduce materials on tangible data carriers and to distribute and market materials obtained in this manner; to distribute material compilations or graphic design, regardless of the reason or purpose of such distribution.
- The Service Provider shall not disclose the Users’ personal information to third parties.
- The Service Provider shall take all necessary measures to protect Users’ personal information.
- The Service Provider shall make every effort to ensure that the content on the Website is complete, up-to date, presented with accuracy and precision, in compliance with all laws and regulations and consumers’ rights.
- The Users are solely responsible for any breaches of the law or damages arising out of or resulting from their use of the Website, and in particular Users are solely liable for: submitting false information, disclosing classified data or any data protected by law, infringing personal rights or copyrights and related rights, processing Users’ personal information in violation of the personal data protection act or for processing such data for any purpose incompatible with the purposes for which it was obtained.
- When it be reasonably possible the Service Provider undertakes to warn the Users of any interruption in the functioning of the Website, and in particular of any access interruptions to MadDownload.com.
X. FINAL PROVISIONS
- Agreements concluded through the Website are construed in accordance with the laws of Poland. The choice of Polish law will not deprive the Consumer of the level of protection afforded to him by the rules of the law of the country of his origin.
- In the case of non-Polish consumer Customers the provisions of law which is more favourable to the Customer shall always apply.
- No changes to these Terms and Conditions shall be binding on the User unless the User was duly notified about such changes and did not terminate the electronic services agreement within 14 days of receiving notice of such changes.
- Any disputes arising between the Service Provider and the User shall be resolved in the first instance through amicable negotiation between the parties. Should such resort prove of no avail or unsatisfactory to any of the parties, disputes shall be resolved in a court of competent jurisdiction under point (5).
- Judicial dispute settlement procedures:
- Any disputes arising between the Service Provider and the consumer User shall be resolved by a court of competent jurisdiction, in accordance with the provisions of the Code of Civil Procedure of 17 November 1964 (Dz. U. No. 43, item 296, as amended).
- Any disputes arising between the Service Provider and the non-consumer User shall be settled by the court having jurisdiction over the Service Provider’s registered office.
- Consumer Users may use Alternative Dispute Resolution schemes after the internal complaints procedure is finalised, such as submitting a request for mediation or a request for arbitration to a competent state organ (model request forms are available at: http://www.uokik.gov.pl/download.php?plik=6223). The list of Permanent Consumer Arbitration Courts attached to the Voivodeship Inspectorates of Trade Inspection may be found at: http://www.uokik.gov.pl/wazne_adresy.php#faq596). The User may also obtain free legal aid provided by the Regional (Municipal) Consumer Ombudsman or a community-based organisation for consumer protection. Alternative Dispute Resolution procedures are free of charge.
- Consumers may submit complaints through the Online Dispute Resolution (ODR) online platform available at: http://ec.europa.eu/consumers/odr/.