FAME GAME MOBILE GAME TERMS Polish Version

1. DEFINITIONS
   1. Bonus – an unpaid or paid digital service in the form of additional options / functions which can be used only during playing / using the Game in compliance with Terms & Conditions, the rules of the Game, and the rules governing a particular bonus. This applies in particular to special items, upgrades, features and so on. More information on Bonuses and their role can be found within the Game or during the gameplay;
   2. Fame Token – a token issued in the BEP20 (BNB CHAIN) environment under the contract address 0x28ce223853d123b52c74439b10b43366d73fd3b5. Using this token allows the Users to utilize in-game functionalities. The Service Provider is not the emitter of Fame Token. Token’s Whitepaper is located here: famemma.io/whitepaper;
   3. Game – a mobile app called ”FAME GAME” made available to the User by the Service Provider is to be installed on a mobile device owned by a user allows the Service Provider to provide services in accordance with the rules foreseen in Terms & Conditions;
   4. Account – an unpaid digital service; a set of data that exists in the Service Provider’s system made up of data marked with mobile device’s ID or another ID received for third parties. This data allows the User to play the Game and use the services it provides. User gets access to the account automatically, whenever they launch the Game, and has a possibility to save progress by logging into the Game via the External Platforms. In the case of deleting the Game from a device, the User looses access to the account (unless the account was merged with an External Platform. The Service Provider decides if they wish to share functionalities that allow retrieving access to the account after the Game is reinstalled and irregardless of the fact the account has been previously merged with an External Platform;;
   5. Login – unique name assigned to a User within the Game. Users may change their logins via a dedicated feature within the Game;
   6. Wallet – service provided by a third party and accepted by the Service Provider application that is used within the Game and allows the Users to store virtual currencies and Tokens that Users may use within the Game with accordance to provisions stated in Terms & Conditions;
   7. Settlement Period – a predefined period (e.g. 30 days), during which the Subscription Agreement made for an undefined time is in power and during which User makes use of this Subscription. The first Settlement Period starts on the day when the Service Provider confirms the reception of the Order;
   8. Rules / Agreement – this document, which describes the rules by which Users should use the Game, including the Services provided within the Game, the rules of making Orders, the rights and duties of the Service Provider and Users; the hereby document is a not a Rules / Agreement as it is understood as per Article 8 of the act of 18 July 2002 about providing electronic services;
   9. GDPR – regulation (EU) 2016/679 of the European Parliament and of the council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);
   10. Subscription – a paid digital service that includes the process of cyclical sharing Bonuses by the Service Provider to the Users.This sharing happens in accordance with the chosen Subscription plan. Subscription results in charging periodical payments;
   11. Content – text, graphic and multimedia content (like information on the Game, objects, characters, dialogues, images, logotypes, animations), including works understood as per the Act of 4 February 1994 about copyright and related rights, together with images of natural persons that are published and disseminated via the Game by the Service Provider;
   12. Subscription Agreement – an agreement made between the Service Provider and the User that covers the execution of the Subscription in accordance with provisions stated in these Terms & Conditions;
   13. Services – services delivered digitally in accordance with the Act of 18 July 2002 about providing digital services by the Service Provider to the User with regard to the Game according to Terms & Conditions;
   14. Service Provider - GAMEDEV TUBE LLC based in Łódź (Jana Kilińskiego street 121C/192, 90-049 Łódź), entered into the business register governed by the Łódź-Śródmieście Regional Court in Łódź, National Court Register, under identification number KRS 0000887169, REGON: 388331348, NIP: 7252307345. Nominal capital: PLN 5 000 (“Administrator”). Administrator can be reached under the following e-mail address: hi@gdt.gg;
   15. User - a natural person acting without any connection to its business or professional activity at the time when they started to play the Game and who is at least 13 years of age. A User being a natural person with a restricted ability to legal transactions testifies that they read the Terms & Conditions and accepted its provisions and does not make any objections against the way in which the User accesses the Game and the Services mediated by the Game. The user is obliged to present an appropriate consent of the legal representative on demand of the Service Provider;
   16. Technical Requirements – mobile device has to run an updated version of the Android or iOS system, 1 GB of RAM; GPU must run OpenGL ES 3.0 or higher, around 150 mb of free memory space;
   17. Order – a declaration of will made by Users to the Service Provider, principally in a digital way, which defines the chosen Service or Services that a User declares to subscribe to with accordance to the rules and provisions stated in Terms & Conditions;
   18. External Platform – a platform, service or a cluster of connected websites governed by a third party (e.g. Facebook, Google).
2. GENERAL PROVISIONS
   1. The acceptance of Terms & Conditions is voluntary but obligatory for using the Game and Services provided by the Game.
   2. A User may only be a a natural person acting without any connection to its business or professional activity at the time when they started to play the Game and who is at least 13 years of age. A User being a natural person with a restricted ability to legal transactions testifies that they read the Terms & Conditions and accepted its provisions and does not make any objections against the way in which the User accesses the Game and the Services mediated by the Game. The user is obliged to present an appropriate consent of the legal representative on demand of the Service Provider.
   3. Using the Game, together with the Services provided by the Game, requires meeting the minimal Technical Requirements by the User’s device and the IT system the User is using. To use some of the Services provided by the Game, a User has to be connected to the Internet. Failure to meet the Technical Requirements will render using the Game and the Services provided by it impossible. Technical Requirements may be submitted to changes, especially in connection with the Game’s continuous development.
   4. Using the Game, together with Services provided by the Game, may lead to the necessity of covering Internet (data transferring fees) as established by the User’s data plan.
   5. Services are provided digitally and therefore are prone to typical hazards related to handling data over the Internet, such as disseminating information about the User, rendering the information accessible by unauthorized parties, or the loss of User’s data. Parties are obliged to undertake actions minimizing these risks. The Service Provider should particularly do so by applying appropriate security measures mentioned in the Terms & Conditions. Users should minimize these risks by not sharing data required to use the Game (e.g. login data) to unauthorized people.
   6. The Service Provider may delegate the completion of their particular duties or the ongoing Service completion to subcontractors. The Service Provider cares that delegating those services will not have a negative impact on the scope or quality o f the Game and services provided by the Game.
   7. Usługodawca może powierzyć wykonywanie swoich poszczególnych obowiązków lub bieżącą obsługę Usługi podwykonawcom. Usługodawca dokłada starań, aby pozostawało to bez wpływu na zakres oraz jakość Gry, w tym Usług.
   8. The User is obliged, in particular, to:
      1. use the Game and the services provided by the Game as intended, in a way that does not disturbs the functioning of the Game or the Service Provider, an in accordance with law, the provisions of Terms & Conditions, and the accepted norms and rules of social coexistence;
      2. provide, while using the Game and services provided by the Game, any true, up to date, and vital User’s information, including those necessary to update data and to provided the proper functioning of the Game and realization of Services;
      3. withhold from using and participating in using (in a direct or indirect way) the automation or bot software or other analogical / similar mode of operation aimed at modifying or disturbing the functioning of the Game, the services provided by the Game, or the Service Provider’s business operations;
      4. withhold from participating in any technological activity that (in a direct or indirect way) aims at modifying the Game and the services provided by the Game and at coming into possession of information not intended for the User;
      5. withhold from undertaking any actions aimed at causing negative effect on other Users in-Game experiences, together with experiencing negative effects related to using Services provided by the Game and from undertaking any actions leading to gaining unfair advantage over other Users and manipulating the in-game rankings;
      6. withhold from disseminating or posting within the Game an unrequested commercial information or other content violating the governing legal regulations (prohibition against posting unauthorized content);
      7. withhold from conducting any commercial or promotional activity related to using the Game and the Services without receiving a necessary Service Provider’s agreement beforehand. The agreement must be expressed in writing - in other cases it will be deemed invalid;
      8. withhold from undertaking any activities leading to recreating the source code and any other software on which the Game or Services are based.
   9. The Service Provider may, due to technical or developmental reasons, turn the Game or other Services off for a period of time due to maintenance or introducing improvements. The Service Provider will make efforts to keep the Users informed whenever the Game or some of the functionalities will be turned off via publishing a proper message within the Game.
3. GAME / SERVICES
   1. The Service Provider may, according to the rules defined by Terms & Conditions, provide the following Services to the Users:
      1. Account;
      2. gameplay;
      3. Bonuses;
      4. Subscription;
      5. placing Orders (purchasing a Bonus / Subscription);
      6. using the Wallet and Fame Token within the Game and obtaining Fame Tokens during Gameplay.
   2. The Agreement defining both the Account and gameplay comes into life for an indeterminate period upon registering the Account. The Agreement defining the Bonus comes into life in the moment together with the reception of the Order by the Service Provider receives and is deemed fulfilled whenever the Bonus is rendered available to the User in a way that makes it possible for the User to use it while playing the Game. The Agreement defining the Subscription comes into life for an indeterminate period upon the Order’s confirmation by the Service Provider.
4. CREATING ACCOUNT
   1. Playing the Game is possible after registering / creating an account by the User directly within the Game or indirectly via External Platforms, if such an option was made available by the Service Provider. User has the right to possess only one Account and has no right to share (including sale or lease) of the Account to other Users. Without registering / creating the Account User may play the Game to a limited extent and some of the Services may not be available.
   2. To register / create the Account directly within the Game, it is necessary to testify to reading and accepting Terms & Conditions by pressing a respective button and acknowledging the GDPR information.
   3. To register / create the Account via External Platforms, if such an option was made available by the Service Provider, it is necessary for the User to log into the External Platform and to testify to reading and accepting Terms & Conditions by pressing a respective button and acknowledging the GDPR information. User accepts that in such situations, aside from Terms & Conditions, is bound by respective Terms & Conditions of those External Platforms that they used to create the Account.
   4. The User obliges to choose a Login that in no way is obscene, offensive, discriminating, and does not violate the binding law or third parties rights.
   5. The Account may be used to store different information, including in-game progress, owned Bonuses and the User’s data.
   6. The Service Provider has the right to alter User’s account in order to maintain safety, the proper functioning of the Game and Services, and to remove any content that violates the biding law or the contents of Terms & Conditions.
5. BONUSES I SUBSCRIPTION
   1. Users may use Bonuses and obtain Bonuses within the Game or buy them from the Service Provider according to the rules described in this point of Terms & Conditions.
   2. Users with created accounts may place Orders. Placing an Order by the User equals making an Agreement regarding the Bonus or the Subscription Agreement according with the rules stated in Terms & Conditions and published within the Game or within digital distribution platforms (e.g. Apple App Store, Google Play, Play Store).
   3. Detailed information, in particular regarding payments for Bonuses / Subscription and modes of payment are published within the Game or within digital distribution platforms (e.g. Apple App Store, Google Play, Play Store).
   4. Users are obliged to pay for the Order up front. In case of Subscription Agreements, payments made to the Service Provider by the User are charged cyclically and automatically upon the beginning of the Settlement Period. Making a payment happens by charging a medium of exchange used by the User with the amount corresponding to the Settlement Period. Payments are made until the Agreement / Subscription Agreement is annulled or receded. The date of settling the payment is the date when the due amount arrived to the Service Provider’s bank accoun.
   5. Users may place their orders via following steps:
      1. choosing a particular Bonus / Subscription;
      2. reading the summary of the Order, which contains information about chosen Bonuses / Subscription and a payment that needs to be made on the behalf of the Service Provider;
      3. choosing the mode of payment;
      4. sending the Order via pressing the appropriate button;
      5. to make the payment you may be transferred to the website of an external payment service provider to complete the transaction.
   6. After the Order is positively verified, the Service Provider confirms the reception of the offer with the use of proper digital communication channels within the Game and then makes the Bonuses available for the User or starts the Subscription in accordance with the chosen plan. If the Order was made incorrectly (lacks information or goes against the Terms & Conditions), the Service Provider has the right to refuse the offer. If this should happen, the user will be informed via proper digital communication channels within the Game.
   7. In cases when a User placed the Order while being logged in the Game via External Platforms, Bonuses / Subscriptions are assigned to this User’s account. In no case the user has a right to share / sell Bonuses / Subscriptions to thet Users. User in no case have the right to demand from the Service Provider to exchange Bonuses to money or any other, especially tangible. Bonuses have no true value outside of the Game.
   8. The Service Provider is not responsible for any Bonuses that were lost, used or deleted on account of the actions or negligence made by the User or made against the Terms & Conditions or made against the rules of the Game or of the rules governing the Bonus.
   9. If information about the Bonus shown to the User before obtaining or purchasing the Bonus do not point to the Bonus’ time limitation, the User has the right to use the Bonus in any time before they decide to terminate the Agreement. Bonuses expire after being used or after terminating the Agreement. In case of making the Agreement once again, Users have no right to demand the renewed allocation of previously expired Bonuses.
   10. The Service Provider has the right to adequately modify / remove Bonuses. The Service Provider may render Users able to use purchased Bonuses that have not yet been used, will inform the Users about planned changes in the same manner as provision in point 11.2 of Terms & Conditions.
6. USING THE WALLET AND FAME TOKENS WITHIN THE GAME
   1. The Service Provider allows for a free connection and disconnection of the User’s Wallet to the Game to enable the User to use their Fame Tokens stored in the Wallet during Gameplay.
   2. The User has the right to use Fame Tokens stored in their Wallet during Gameplay and to do so free of charge in a way that complies with the Terms & Conditions and with point 6.3 below. To do so, the User needs to connect their Wallet to the Game via a dedicated in-game functionality.
   3. The Service Provider does not charge the Users in Fame Tokens, but owning a certain number of Fame Tokens may allow for the usage of certain in-game Bonuses.
   4. The Service Provider does not accept any kind of payments made in Fame Tokens and does not charge the Users in Fame Tokens for any kind of services. Under no circumstances may the Users demand the Service Provider to exchange Fame Tokens for money or any other benefits, be it tangible benefits or Bonuses.
   5. The connecting/disconnecting of the Wallet from the Game and Using Fame Tokens in a way provisioned by Terms & Conditions and stated in the rules of the Game is not necessary to play the Game, it is only an additional functionality.
   6. The Service Provider may allow for obtaining a certain number of Fame Tokens during gameplay in a way that is congruent with Terms & Conditions. Those tokens may then be transferred to the User’s wallet by a third party, but the Service Provider does not take responsibility for such transfers. The Service Provider may state that the above mentioned functionality can only be used following the User’s purchase of a certain, paid Bonus. This functionality may be turned off at any time by the Service Provider and the User knows and accepts this.
   7. The Service Provider does not take responsibility for any Fame Tokens, especially for any Fame Tokens that have been transferred to the User’s Wallet. The Service Provider is not the Token’s emitter, does not guarantee its price, properties, or any other qualities other than a possibility to use the Token within the Game in a way described in Terms & Conditions.
7. LICENCE
   1. All rights regarding the Game and Contents published within the Game are copyrighted and are owned by the Service Provider and entities working with the Service Provider.
   2. The Service Provider grants a licence to the User - the licence is nonexclusive, nonmarketable, and cannot be sublicensed. The License appertains to the Game and its Content to the extent needed to properly use the Game and the Services made within the Game worldwide for the duration of the Agreement. The Licence covers: saving data on the User’s store to use the Game and the Services made within the Game, over the Internet, to the extent defined by Terms & Conditions. Using the Game and the Content in broader extent demands receiving a previous agreement from the Service Provider expressed in writing.
   3. Granting a licence does not cause the loss of any rights by the Service Provider, especially the copyright to the Game and its Content, and does not cause the acquisition of any rights by the User. It only means that the User is authorized to use the Game and the Services made within the Game to the extent defined by Terms & Conditions.
   4. When Users send communication, sounds, images and other content within the Game and the Services provided by the Game to the Service Provider, the User grants the Service Provider a sublicensable, gratuitous licence to use this content worldwide. The Licence covers especially those fields of exploitation:
      1. in terms of preserving and multiplication of content - creation of content copies, especially using the mangentic recording technique and other digital techniques;
      2. in terms of disseminating content in ways different from point 6.4.1 above, sharing the content in ways that everyone can access them via the Internet at the time and place of their choosing.
   5. Licence described in point 6.4 above is granted for an indeterminate period and the User obliges not to terminate it. The Licence is necessary to make the Users able to transfer content while using the Game and the Services provided by the Game. Terminating or expiration of the Agreement does not cause the termination of the licence described in point 6.4 above. Terminating the licence given to the Service Provider by the User demands striking a separate agreement, in writing, under pain of invalidity. The hereby excerpt does not null the User’s rights which stem from the rule of law, especially this pertaining the protection of image or personal data.
   6. The User grants the Service Provider a right to use and manage subsidiary content made with the usage of contents described in point 6.4 above.
   7. The User assures that contents described in point 6.4 above do not violate any valid rights, the rights of third parties, and are free of any malicious coding / software. The user bears the sole responsibility for the content they send.
8. GDPR
   1. The Service Provider administers the Users personal data. The Service Provider handles personal data in accordance with binding law, especially GDPR.
   2. Submitting personal data by the User is voluntary, but necessary to use the Game and the Services provided within the Game.
   3. Detailed information regarding the handling of personal data may be found within the Privacy Policy.
9. THE RIGHT TO WITHDRAW FROM AGREEMENT
   1. The User who remotely came into agreement with the Service Provider may withdraw from the agreement within 14 days from the day when the agreement was made without giving a reason or defraying costs other than those foreseen by the law.
   2. To comply with the deadline by the User it is enough to provide declaration to the Service Provider before it passes. The user may provide any unambiguous declaration in which they inform the Service Provider about remotely withdrawing from the agreement an provides information necessary to identify the User. This declaration may be sent to this email address: hi@gdt.gg. The Service Provider may also enable other modes of sending the declaration of withdrawal from the agreement (e.g. a proper form within the Game or within digital stores with mobile apps).
   3. The User may use the template of withdrawal declaration which can be found in appendix 1 to Terms & Conditions, but it is not mandatory.
   4. Vendor is obliged to immediately, no longer than in 14 days from the reception of the declaration of withdrawal from the agreement, to return to the User all the payments they made. Service Provider returns the payment via the same channel it was made with, unless the User previously agreed for another mode of return that does not procure any additional costs.
   5. The right to withdraw from the agreement made remotely is not in effect when discussing agreements regarding the supply of services if the Service Provider fulfilled the Service with subject’s expressed content, and if the subject was previously informed that after fulfilling the Service they will lose the right to withdraw from the Agreement (e.g. in case of using up a Bonus before the date of withdrawing from the Agreement). It is also not in effect when it comes to providing digital content that is not stored on a physical device, if the fulfiqllement of the Service has started with subject’s expressed content before the expiration of the withdrawal period and after being informed by the Service Provider about the loss of the right to withdraw from the Agreement.
   6. If, at User’s expressed demand, the Service Provider began to provide services before the expiration of the withdrawal period (e.g. by starting a Subscription), when the right to withdraw is exercised, the User is obliged to pay for the service fulfilled up to the moment of the withdrawal. The amount due is calculated with respect to the duration of the fulfilled service.
10. COMPLAINTS PROCEDURE
    1. The Service Provider does his best to assure that the service they provide meets the highest standards. Irregardless of this, the User has the right to file a complaint, free of charge, in particular with regards to non-execution or negligent execution of services provided by the Service Provider as defined by Terms & Conditions.
    2. Complaints referring to the Game and the Services provided within the Game should be sent to: hi@gdt.gg. While filing a complaint one should describe its causes, state one’s demands, and provide information allowing for the User’s identification.
    3. The Service Provider considers the complaints which meet the requirements stated in points 10.1-10.2 within 14 days from receiving them and informs the User about the outcome of the consideration. In cases when provided data demands complementation, Service Provider will contact the User to receive additional information before finishing the consideration. If there is no answer to the complaint within 14 days, this does not mean that the complaint was recognized as valid.
    4. Users are able to use extrajudicial methods of considering complaints and vindicating claims in accordance with The European Online Dispute Resolution provided by the European Commission. At ec.europa.eu/consumers/odr one can access The European Online Dispute Resolution platform. This point is of informational character and does not stand for the Service Provider’s commitment toward using extrajudicial means of solving disputes. The Service Provider’s agreement or disagreement to participate in an extrajudicial mean of solving a dispute is provided by the Service Provider, in written form, on paper or another tangible media in cases when the User’s complaint did not lead to solving the dispute.
11. TERMINATING THE AGREEMENT
    1. The user may terminate the agreement with immediate effect at any time, without stating a reason, with the proviso that in case of terminating the Agreement during the Settlement Period connected with the beginning of the Subscription Agreement, the termination happens at the end of the Settlement Period for which the User has paid.
    2. The user may terminate the Subscription Agreement with immediate effect at any time. The Subscription Agreement will terminate at the end of the Settlement Period for which the User has paid. The Subscription Agreement becomes terminated in case when the payment for the next Settlement Period may not be made at the end of the previous Settlement Period.
    3. The Service Provider may, at any time, terminate an agreement (including the Subscription Agreement), respecting the 14 day notice period, with the proviso that in case of terminating the Agreement during the Settlement Period connected with the beginning of the Subscription Agreement, the termination happens at the end of the Settlement Period for which the User has paid. This termination may happen in the following cases:
       1. change in the laws regulating the provision of digital services that affects the mutual rights and duties outlined in the Agreement, or the change of interpretation of before mentioned laws due to court rulings, decisions or recommendations of appropriate offices or bureaus;
       2. change in the functioning of the Game and Services provided within the Game caused by technical or technological reasons (in particular changes in Technical Requirements mentioned in Terms & Conditions);
       3. change in the functioning of the Game and Services provided within the Game caused by introducing new Services, their modification or the withdrawal of past Services / functionalities covered by Terms & Conditions;
       4. change in the scope of Services provided by subjects cooperating with the Service Provider by introducing new or changing / withdrawing already existing functionalities / Services that affect the mutual rights and obligations between the User and the Service Provider.
    4. In case of terminating the Agreement, including the Subscription Agreement, the Service Provider is not obliged to return any fees paid by the User, unless the common law states differently.
    5. While discussing the Service Provider’s attention to the proper functioning of the Game, the Services provided within the Game, abiding the law, the security and best interests of the Users, the Service Provider has the right to immediately restricting a User’s access to the Game and the Services provided within the Game and to terminale the Agreement, including the Subscription Agreement, while observing the 7-day notice period, in the following cases:
       1. User violates the Terms & Conditions, in particular point 2.7;
       2. User’s activity is unmistakably contradictive to the rules and aim of the Game and the Services provided within the Game;
       3. User’s activity violates the moral norms, incites violence and criminal acts, and violates the rights of third parties.
    6. With the termination of the Agreement, User’s right to use the Game and Services provided within the Game expire. After the termination User looses access to thet account together with the data and information embedded within the account.
    7. The Service Provider communicates their declaration pertaining to the termination of the Agreement or the Subscription Agreement by publishing a proper communication win the Game (e.g. in the account panel). The User communicates their declaration pertaining to the termination of the Agreement or the Subscription Agreement via an email sent to: hi@gdt.gg. The Service Provider may facilitate other methods of communication the declaration pertaining to the termination of digital distribution platforms).
12. CHANGING THE TERMS & CONDITIONS
    1. The Service Provider may change the Terms & Conditions in the cases when at least one of the causes mentioned in point 11.3 comes into existence.
    2. The Service Provider informs about all changes to Terms & Conditions by publishing a proper message within the Game, what is understood to be the publication of information pertaining to the changes in Terms & Conditions in a way that makes it accessible to all the Users.
    3. Changes in the Terms & Conditions come into life 30 days after they are first communicated in a way that is congruent with point 11.2 above. Users have the right to terminate the Agreement or the Subscription Agreement within the 30 days since the publication of the information about the changes.
13. FINAL PROVISIONS
    1. Terms & Conditions come into effect on May 2, 2022 Contents of Terms & Conditions is shared free of charge within the Game.
    2. The law governing the Agreement and the Subscription Agreement is the Republic of Poland’s law and the competent courts are Republic of Poland’s courts of general jurisdiction, unless the governing law states otherwise.
    3. 13.3. The provisions stated in Terms & Condition are not aimed at excluding or limiting any of the Users’ rights that unconditionally stem from the binding rules of law, therefore all possible doubts are ruled by the Service Provider in User’s favor.