TERMS OF SERVICE
Terms of Service for all Sheepyards games
Subject of the Agreement
This Agreement regulates terms of using Sheepyard’s games and other related products and services.
The User is required to read and accept this Agreement prior to any use of the Service. Acceptance of this Terms of Service is prerequisite for using the Service.
Sheepyard may publish additional policies related to its Services, in which case such policies constitute a part of the Agreement. Compliance with such polices is required by the Agreement.
If the User access the Service from a social networking site such as Facebook, the User also needs to comply with its terms of service.
Sheepyard – Sheepyard sp. z o.o., with its registered office in Kraków at the following address: ul. Złotego Wieku 89, entered in the Register of Enterpreneurs maintained by the District Court for Kraków - Śródmieście in Kraków, 9th Commercial Division of the National Court Register under number KRS 0000803117, holding NIP (Polish Tax Identification) Number: 6783181468 and Polish Statistical (REGON) Number: 384354750
Agreement – the Terms of Service;
Account – an account created by the User in the Service in order to access and use it;
Platform – a platform through which Sheepyard distributes the Service and makes it available to the Users (e.g. IOS, Android);
Prohibited Content – content that:
promotes or is related to illegal activities, tobacco, gambling, weapons, pornography or obscenity;
is related to excessively graphic or explicit violence;
is defamatory, profane, discriminatory or constitutes “hate speech”;
promotes or contains software (e.g. malware, cracks, corrupted files) that can cause a misuse, damage or otherwise unauthorizedly affect software and/or hardware of Sheepyard, Users or any other third party,
infringes in any other way applicable law regulations.
Service – use of Sheepyard’s games - including downloading, installing and playing them- and other related services.
User – a person who uses the Service;
User Content – all the non-personal data that the User uploads, creates, generates and shares through or thanks to the Service, such as pictures, videos messages, files, in-game art.
Virtual Item – in-game digital items that are accessible through the Service, were designed for the use within it, and can be either earned in a game or purchased from Sheepyard or by its authorization; in particular virtual currency (coins, tokens, points, etc.).
Any usage of the Service by minors, that is children under the age of 13, is not permitted. Sheeyard’s does not knowingly collect and do not wish to collect information about minors.
The User is obliged to deny access to the Service to minors.
If the User’s age is between 13 and 17, it is the User’s legal guardian who has to review and agree to this Agreement.
The User shall safeguard information required to log in to the Account, in particular keep the password confidential.
If the User has any doubts concerning the Account’s security, the User shall notify those to Sheepyard and change the log-in data for its Account.
Only the User is allowed to use the Account it created and is responsible for any usage of the Account by anyone else, including purchases.
It is prohibited to:
create an Account for someone other than the User;
use false identity or information while creating or using the Account;
transfer or purchase rights to the Account.
License to the Service
Upon this Agreement Sheepyard grants the User a non-exclusive, non-transferable, non-sublicensable, revocable and limited license to access and use the Service – as it was intended for and made available to the User by Sheepyard or by its authorization - for the User’s own non-commercial purposes
Any of the following shall be treated as infringement of the license to the Service and us such – not covered by it:
violation of applicable law regulation through using the Service, including regulations concerning protection of third party’s rights;
use of the Prohibited Content within the Service;
bypassing measures applied by the Sheepyard as a result of infringement of the Agreement;
actions against the community of Users, the Sheepyard, Sheepyard’s employees, purpose and design of the Service, in particular by modifying or interfering with the Service by using cheats, exploits, automation software, hacks or any other unauthorized third-party software.
Termination of the Agreement and/or Account/Service data
In case the User infringes the Agreement Sheepyard may at its own discretion decide to modify, restrict, suspend or terminating such User’s access to the Service and take any other actions – of technical or legal nature – allowed by applicable law regulations. Termination of the access to the Service means also termination of the Agreement.
Sheepyard has the right to stop supporting or offering the Service at any time and for any reason.
Sheepyard has the right to erase any Account – together with all related data - that was inactive for 180 days.
The User may erase its Account and thus terminate the Agreement at any time by giving Sheepyard a relevant disposition through: firstname.lastname@example.org .
Sheepyard shall not be obliged to compensate the User loss of any data, benefits and privileges relating to the Service due to Sheepyard exercising its rights under the Agreement.
Unless the Agreement states otherwise, the User has no rights to intellectual property rights - copyrights, rights to patent, utility models, industrial designs, trade marks and any other rights to intangible property, including software, source codes, trade and domain names, know-how, databases, trade secrets - or other proprietary rights in connection with the Service, excluding the User Content.
The User warrants that the User Content complies with this Agreement and applicable laws and does not infringe any third’s party rights, in particular it shall not include any Prohibited Content.
Sheepyard has the right to monitor, record or store the User’s interactions in relation to the Service, while the User is using the Services. Sheepyard may also edit, refuse to post, or remove any User Content.
The User shall indemnify and hold Sheepyard harmless from any claims raised in relation to the User Content attributable to that User.
By creating User Content the User grants Sheepyard an irrevocable, perpetual, transferable, fully paid-up, royalty-free, worldwide license (including the right to sublicense and assign to a third party) to the User Content. The said license entitles Sheepyard to use the User Content without restrictions, in particular for promotion of the Service, on all fields of exploitation known at the time of authorization, in particular on the following:
production of copies of the User Content, printing, by means of reprography, magnetic and digital recording comprised, in particular the permanent or temporary reproduction of a computer programs in full or in part, by any means and in any form;
introduction to the market, bailment or lease of the originals or their copies
public display, screening, presentation and broadcast, rebroadcast as well as making the Work publicly available in such a way to make it accessible for everybody in a place or time chosen by them, in particular on the Internet;
translation, adaptation, arrangement or any other modification of a the User Content, including computer programs.
Within the scope of the aforementioned license and in accordance with its terms, the User gives Sheepyard consent to use works that are derivative from the User Content.
User hereby waives or undertakes not to perform any rights of attribution and/or any moral rights the User may have in the User Content.
The validity of license granted to the Sheepyard, as specified in this paragraph, is not affected by termination of this Agreement.
Sheepyard is not responsible for any interactions between the User’s and third parties, in particular in relation to User Content. Nevertheless, Sheepyard reserves the right to get involved in disputes arising from the use of the Service.
If the User suspects unlawful, harmful or other improper activity of the other Users, the User shall notify Sheepyard.
While using the Service, the User may purchase a limited, personal, non-transferable, non-sublicensable and revocable license to Virtual Items and other goods and services as accessible through the Service. Sheepyard may revise pricing in that regard for any reason and at any time.
Only Sheepyard and entities with appropriate authorization are allowed to distribute and sell the Virtual Items and other goods and services related to the Service.
Virtual Items and other goods or services may be modified, eliminated, managed, or regulated by Sheepyard at any time, for any reason.
Unless it is expressly authorized in the Service, the User must not transfer Virtual Items and other goods and services relating to the Services.
All purchases and redemptions of Virtual Items and other goods and services made through the Service are final and non-refundable.
Some parts of the Services may be accessible only to those Users that singed up for a subscription and paid a subscription’s fee. The benefits arising from such subscription, its content, cost and subscription period may vary – Sheepyards publishes relevant details in that regard within the Service.
Payment related to subscription will be billed on the User’s Platform account when User confirms the subscription by available confirmation tools.
Subscriptions are automatically renewable, unless the User turns a given subscription off at least 24 hours before the expiry of its period. Fee for another subscription period shall be taken, as indicated in 11.2) above, during 24 hours preceding the expiry of the current subscription period. In case the subscription fee cannot be taken, regardless of the reasons, subscription shall be automatically cancelled.
Once the User has signed up for a subscription, User can manage it and switch off its automatic renewal at any time after the purchase in the settings of User’s Platform account or within the Account. User cannot cancel the subscription – a given subscription period - if it has already been activated.
A trial version of a subscription may be offered free of charge for certain period of time from activation. In case the User does not cancel the trial version within such period, the User shall be charged with a subscription fee accordingly when it expires. User’s subscription period begins with the activation of a trial version. Sheepyard cannot grant the User a second trial version if it has already been activated.
Except when required by law, paid subscription fees are final and non-refundable. The User is not entitled to a refund for unused Virtual Items and other goods and services relating to the subscription.
Sheepyard may modify the subscription fee. In case of pending subscriptions changes will become effective at the end of the current subscription period and apply to the following subscription period. User will be provided a reasonable prior notice of any change in subscription fee. The User is required to agree to an increase in subscription fee, otherwise the User’s subscription shall expire at the end of the current subscription period.
Changes to the Service and Agreement.
To provide the Service’s proper performance, Sheepyard at its sole discretion, can update the Service without prior notification. To continue using of the Sheepyard’s Services the User must accept these updates, including updates of third parties’ software from time to time.
Sheepyard reserves the right to make changes to this Agreement. The User shall be informed about the changes and Sheepyard shall publish the current wording of the Agreement with the date of amendments on www.sheepyard.pl . The User can also be notified about the changes and their effective date via the Platform or the Service.
Limitation of liability
Sheepyard does not guarantee that the Service will be accessible for User at any time and location, is error-free or free of viruses or other harmful components. Sheepyard cannot guarantee that the Service shall meet the User’s expectations.
User acknowledges and agrees that all billing and transaction processes are handled by relevant Platform operators, and are governed by such Platforms’ terms and conditions. If the User has any payment related issues, such User need to contact the relevant Platform operator directly. Sheepyard shall not be a party to such an agreement between the User and Platform operator and shall not be liable for any obligations or damage arising thereof
As far as it is permitted by law, Sheepyard is not liable to the User for any damages, including lost profits unless these damages arise from Sheepyard’s gross negligence or willful misconduct or from death or personal injury arising from Sheepyard’s any negligence or fraud.
Sheepyard shall not be liable for Virtual Items and other goods and services related to the Service acquired from an unauthorized source and will not accept such to be used within the Service.
Sheepyard shall not be liable for non- or mis-performance of its obligations due to reasons beyond Sheepyard’s control, such as acts of God, labor disputes, utilities failures, disease outbreaks, natural disasters, riots, acts of orders of governments, acts of terrorism or war and other disturbances of similar nature.
This Agreement does not affect any statutory rights of a consumer, which override the terms of the Agreement.
The User undertakes to indemnify and hold Sheepyard (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claims, damages and other losses, including reasonable attorneys’ fees, resulting from the User’s breach of the Agreement.
This Agreement is governed by the law of Poland.
Any disputes arising from the Agreement and the use of the Service shall be resolved by the competent courts having jurisdiction in Poland, unless the law in your country of residence allows you to choose the courts of that country for the dispute in question. The European Union citizens can bring an action before the court of their residence. Nevertheless, the Users are strongly encouraged to try to contact Sheepyard first through email@example.com to find an amicable solutions.
If any provision of this Agreement shall be found ineffective on a given territory this does not affect other provisions and other territories.
Sheepyard may transfer any and all rights arising from this Agreement, without limitations and without the User’s consent.
If Sheepyard fails or delays to enforce its rights, it shall not constitute a waiver of Sheepyard’s rights or claims. Any waiver on Sheepyard’ part shall be made in writing and be applicable only within the limits specified expressly therein.
Sheepyard may notify the User via Sheepyards website (www.Sheepyard.pl), through the Service, the User’s e-mail or using any other contact information provided by the User for this purpose. Notices from Users shall be made via Sheepyard’s website.