Terms of Service

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I. Scope and consent.

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1. These Terms of Use (hereinafter “Terms of Use” ) specify the scope and terms of use by users of Websites available at https://www.starwardindustries.com and https://www.invinciblethegame.com (accordingly “Websites”).

 

2. Websites is run by Starward Industries S.A. with its registered office in Krakow, address: ul. Przemysłowa 12, 30-701 Krakow, Poland, entered into the register of entrepreneurs maintained by the District Court for Krakow, 11th Commercial Division of the National Court Register under KRS no. 0000750305, with share capital of PLN 243 879.35 paid in full, Tax ID No. (NIP): 6772437711 and Statistical ID No. (REGON): 381277255 (hereinafter “The Company”).

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3. Prior to commencing using the Websites the user should read the contents of the Terms of Use and use the Websites in accordance therewith. By using the Websites, the user accepts the terms of the Terms of Use and undertakes to comply with them. If the user does not agree with the provisions of the Terms of Use, they should not use the Websites.

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II. Description of services.

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1. Via its Websites, The Company makes or may make diverse resources available to users, including in particular information about products (inter alia about The Company’s games and games add-ons), game development tools, advertising content, newsletter. These resources, including in particular their updates, upgrades, new functions or adding new services, are subject to the Terms of Use.

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2. Via its Websites, including through the use of resources available thereon, The Company makes or may make various types of services (hereinafter „Services”) available to users. These include or may include, inter alia:

a. information services consisting in providing users with access to textual, graphical and multimedia content on various subjects, made accessible to the users on their individual request in such a way as to enable the users to access the content at a time individually chosen by them via the Websites;

b. search services consisting in making it possible for users to search content and display data saved on the Websites;

c download service consisting in making it possible for users to download fragments of content or entire files made available on the Websites;

d. advertising services consisting in publishing various advertising content on the Websites (including in particular advertising videos and graphics);

e. newsletter service consisting in sending to users, at their request, regular publications containing information about events from the world of The Company games and about other subjects;

f. contact service consisting in the possibility of sending information or an inquiry to The Company;

g. other services provided by The Company on the Websites, including in particular other services related to sending messages or communication services enabling communication between users, delivered under separate agreements.

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III. Terms of Services

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1. The Company provides the user with Services within the scope and on the terms determined in the Terms of Use and additional or specific terms published on the Websites, if applicable.

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2. Due to the specific nature of particular Services, the conditions under which they are offered may vary. It may also happen that the use of specific sections or functions of the Websites, including in particular contests, promotions or other initiatives, may be subject to additional or specific requirements or terms. Consequently, there may be additional or specific requirements or terms on the Websites regarding the delivery of Services.

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3. If additional or specific requirements or terms apply to specific Services, their content is made available to the user before using such Services.

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4. The Company is entitled to introduce changes to any Services offered on the Websites and to change the prices of these Services.

 

5. The user is aware of the risks when using the Internet, in particular the risk of infecting the user's system with viruses or seizures of passwords by third parties and the damage that may arise in such cases. The user is entitled to use the Services offered on the Websites only in a manner that complies with the Terms of Use (and additional or specific terms published on the Websites, if applicable), applicable provisions of law, rules of social conduct and decency.

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6. The user is responsible for:

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a. damages resulting from actions inconsistent with applicable law or the provisions of these Regulations,

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b. the effects of decisions made by the user based on the information obtained as a result of using the Websites resources.

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7. The Company shall bear no responsibility for acts or omissions of users.

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8. The Company shall not be liable for any disruptions in the proper functioning of the Websites and for any loss of the user's data caused by in particular but not limited to force majeure, third parties and/or by The Company's efforts to improve the Websites’ functionality. To the extent possible and practicable, The Company shall inform the user in advance of any material disturbances in Websites’ functioning, in particular about material maintenance breaks.

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​IV. Use of Websites

 

1. In order to receive the Company's newsletter, the user provides his e-mail address for sending and at the same time accepts the privacy policy of the Websites and the Terms of Use. In order to stop receiving the newsletter, the user selects the "unsubscribe" option available at the bottom of each message containing the newsletter.

 

2. Any actions taken by the User on the Websites should comply with good practice and applicable law, in particular with regard to the protection of personal rights and copyrights. The User undertakes not to provide illegal content or content that may adversely affect the security or proper functioning of the Websites or harm other users.

 

3. Notwithstanding the foregoing, it is prohibited to gain unauthorised access to any portion of the Websites or other systems or networks connected to the Websites or any The Company server, or to the Services offered on or via the Websites. It is also prohibited to violate the safeguards or authentication mechanisms on the Websites or in any networks connected to the Websites. It is prohibited to track or attempt tracking information about other users, visitors to the Websites; it is also prohibited to use the Websites or a Service in a way intended at the disclosure of any information, and specifically personal data and information other than the user’s own personal data made accessible via the Websites.

 

4. The Company reserves the right to view the materials posted by users on the Websites and to block and/or remove these materials if the aforementioned terms of use of the Services are not observed.

 

5. The Company reserves the right to block and/or delete the user's access to one or all Services if the user fails to comply with the requirements concerning the use of the Services.

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V. Restricting the scope of using the Websites to personal and non - commercial use

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Unless determined otherwise, the Services are intended solely for personal and non-commercial use of the user. The user may not modify, copy, disseminate, transmit, present, play, duplicate, license, create derivative works, transfer nor sell information, software, products or services derived from the Services. The foregoing shall be without prejudice to the user’s right to perform permitted acts within the scope of permitted use, as set forth in the act of 4 February 1994 on copyright and related rights and the act of 27 July 2001 on the protection of databases.

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VI. Materials made accessible via Websites

 

1. All texts, graphic elements, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, art work and computer code, including the elements of Websites (hereinafter “Content”), including specifically the design, structure, way of distribution and layout of such Content on the Websites, are owned by The Company or are used by The Company upon consent of the authorised entity and are protected under copyright or intellectual property rights pertaining to the Content. Any copying or imitating the Content in its entirety or as part thereof is prohibited, including in particular that it is prohibited to copy or transmit any logos, graphic elements, sounds or images from any Websites without prior written consent of The Company.

 

2. Trademarks, logotypes and other markings (hereinafter “Trademarks”) placed on the Websites are protected by law. The consent given to the user for their use of the Websites is not equivalent to the consent for the use of Trademarks appearing on the Websites. Any use of the Trademarks or similar markings or names is prohibited, unless The Company provides prior written consent for such use of the Trademarks. An infringement of intellectual property rights may result in taking appropriate legal measures by The Company and other authorised entities.

 

3. The use of Content by the user does not mean acquiring any rights to intangible assets, including copyright to works. The user may use the Content of the work only within the scope of permitted use, as set forth in the act of 4 February 1994 on copyright and related rights and the act of 27 July 2001 on the protection of databases. Specifically, in situations other than specified in these acts, it is prohibited to copy, modify or transmit electronically or otherwise any part of the Websites, in the entirety or in part, for commercial purposes and without prior written consent of The Company.

 

4. The user is entitled to use information about Services (e.g. technical data) made available by The Company to be downloaded from the Websites, provided that the user: (a) shall not remove any notices or reservations from the copy of the downloaded Content; (b) shall use the Content exclusively for private, non-commercial purposes and will not copy nor publish such Content, nor shall they disseminate it through any media; (c) shall not make any changes to such downloaded Content. The foregoing shall be without prejudice to the user’s right to perform permitted acts within the scope of permitted use, as set forth in the act of 4 February 1994 on copyright and related rights and the act of 27 July 2001 on the protection of databases.

 

5. The Company makes no claims about the suitability of the information contained in the Content for any purpose whatsoever. The Content is delivered “as is”, with no guarantees.

 

6. The Content transmitted with the Services may be subject to restrictions as to its use, copying and disseminating. The user downloading the Content should make themselves familiar and shall be responsible for complying with these restrictions.

 

VII. Entering into and dissolving the agreement

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Service agreement for using a specific Service is entered into at the moment when the user commences the use of the Service. If the user is provided with information Services, the service agreement for these Services is entered into at the moment when the user selects an appropriate URL address of the Websites or is redirected there from other Websites, and it terminates at the moment when the user leaves the Websites. In the case of other Services, if provided, the agreement may terminate at the moment when the user ceases to use the Service, e.g. in the case of the Account service - at the moment of deleting the Account; in the case of the Newsletter service - at the moment of informing The Company about resignation from the Newsletter subscription.

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VIII. Links to third party Websites.

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1. The Websites may contain links to third party Websites which are not controlled by The Company (hereinafter “Third Party Websites”). Links to Third Party Websites are made available only for convenience of the users of the Websites. The Company assumes no responsibility for the content, changes and updates of Third Party Websites nor does it recommend content provided therein.

 

2. The user must perform their own independent evaluation with regard to their interactions with Third Party Websites.

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IX. Complaint Procedure.

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1. The user has the right to lodge a complaint in matters related to Websites or Services. The complaint should contain at least the following data: (a) user designation (e-mail address); (b) specification of the subject matter of the complaint and the circumstances substantiating the complaint; and (c) user’s request.

 

2. Complaints should be sent to the following e-mail address: info@starward.co

 

3. The user will be notified about the method of handling their complaints within 14 days of the receipt of the complaint by The Company. The response to the complaint shall be sent via e-mail to the e-mail address provided in the complaint.

 

X. Protection of privacy and personal data.

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The privacy policy applicable to the Websites can be found here https://www.ir.starwardindustries.com/privacy-policy (“Privacy Policy”).

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XI. Technical requirements

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1. Technical basic requirements for using the Services or for cooperation with The Company’s ICT system are as follows:

a. access to the Internet;

b. in order to obtain access to the Websites - an internet browser;

c. in order to receive messages via e-mail - an e-mail account;

d. a device that allows to run a browser.

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2. The user should ensure at their own cost the equipment and internet connection which will be required to get access to and use the Websites. The user is the only party responsible for all costs generated by them in order to get access to the Websites.

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XII. Final Provisions

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1. The Company has the right to update the Terms of Use. No change of the Terms of Use shall have an impact on the rights acquired by the users on the basis of the provisions of the Terms of Use existing prior to entry into force of such change. The most recent version of the Terms of Use can be displayed by clicking on the hypertext link “Terms of Service” at the bottom of the Websites.

 

2. The Company is entitled to amend the Terms of Use by its own decision for whatever reason, in particular: (i) organizational, business or legal changes with regards to The Company, (ii) changes in law, (iii) changes in the Websites’ functionalities. If The Company makes changes to the Terms of Use, The Company will post the amended Terms of Use on the Websites and will provide the Websites’ users with relevant notice indicating the amendments. Users who subscribed to the newsletter will be bound by the provisions of the new Terms of Use, unless they terminate the agreement within 14 days from the date of notification of the change in the Terms of Use. To do that, the user should notify The Company that they do not want to use the Websites on the basis of the amended Terms of Use and should stop using the Websites. After the newsletter user’s notification, they may lose the possibility to use the Websites and The Company will be entitled to block and/or delete the user’s accounts on that date (if they created any). Users other than those who subscribed to the newsletter will be notified of the change in the Terms of Use upon entering the Website. If the users do not want to use the Websites on the basis of the amended Terms of Use, they should stop using the Websites.

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3. The Terms of Use shall also apply to The Company’s legal successors and permitted assignees.

 

4. These Terms of Use and the use by users of the services provided through the Websites shall be governed by Polish law. Any disputes between The Company and the user shall be settled amicably. If the Parties are unable to reach an agreement, any disputes which may arise shall be submitted to a court with jurisdiction over the registered office of the Company.