User Agreement (Offer)
This document constitutes a public offer and a public contract under Articles 633 and 641 of the Civil Code of Ukraine. The terms of this public offer and public contract are the same for all Customers. In accordance with Part 2 of Article 642 of the Civil Code of Ukraine, registration on the website playmanity.net constitutes acceptance of this offer, which is equivalent to concluding a contract under the terms set forth below.
This public offer is addressed to all individuals and legal entities who wish to use the service and have the technical capability to access it.
Playmanity LLC (hereinafter referred to as the Provider), with EDRPOU code 45156778, on the one hand, in accordance with the current legislation of Ukraine, offers (public offer) to an individual and/or legal entity (hereinafter referred to as the Customer), hereinafter collectively referred to as the Parties, and each individually as a Party, to enter into a public contract for the provision of services (hereinafter referred to as the Agreement) under the following terms:
Terms and Definitions
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Public Offer (Agreement) A proposal by the Provider, addressed to any individual and/or legal entity, in accordance with Article 633 of the Civil Code of Ukraine, to conclude a public contract for the provision of access to the Playmanity service.
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Acceptance The full and unconditional agreement of the Customer to conclude this Agreement under the terms defined herein.
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Provider Playmanity LLC, EDRPOU code 45156778, legal address: 21 Sichovykh Striltsiv Street, Office 501, Kyiv, 04053, Ukraine.
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Platform The website playmanity.net, services, and mobile applications of Playmanity.
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Service The full range of capabilities, functionalities, and content that may be provided to the Customer when using the Platform, depending on the Order Subject. Content includes, but is not limited to, computer and mobile games.
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Customer An individual or legal entity, the Customer of the service, who has agreed to this Agreement and registered in the manner established on the Platform, to whom the Provider provides services in accordance with the terms of this Agreement.
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Service Provision The provision by the Provider to the Customer of access to the Service after the Customer completes registration in the manner established by this Agreement.
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Service Fee The payment, the amount of which is determined by the Provider for providing a specific Order Subject to the Customer for access to the Service, which the Customer must make to gain access to such resources.
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Order Subject The capabilities, functionalities, and content available to the Customer under the terms of a specific Order and determining the scope of the Customer's rights to use the Service. This includes, but is not limited to, access to a specific computer game.
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Personal Data Information or a set of information about an individual who is identified or can be specifically identified.
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Data Subject An individual whose personal data is processed in accordance with applicable law.
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Consent of the Data Subject Any voluntary expression of will by an individual granting permission to process their personal data in accordance with the stated purpose of processing. Registration on the Playmanity Platform implies the Data Subject's consent to the processing of their personal data.
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Account The set of information about the Customer provided by them, which they enter in the manner established on the Platform during registration or editing the Account, and which the Provider places in the Customer's account.
General Provisions
Under the terms of this Agreement, the Provider provides the Customer, and the Customer accepts, services for access to the Service only after the Customer registers on the website playmanity.net and creates an account.
The Service is provided on a paid basis by providing access to the Playmanity Platform.
All changes and additions to this Agreement are published on the Provider's website.
All terms of this Agreement are binding on both the Customer and the Provider. Before using the Service, the Customer is obliged to familiarize themselves with the terms of this Agreement. If the Customer does not agree with the terms of this Agreement, they are not entitled to use the services.
In case of the Customer's disagreement with the changes made by the Provider to this Agreement or with the new cost of services, the Customer must stop using the Platform.
The Customer, as a Data Subject, by registering on the Platform, consents to the processing of their personal data in the Provider's database, as well as agrees to receive regular emails and other notifications from the Platform.
Service Provision Procedure
The Customer independently registers on the service on the website playmanity.net in the "Registration" section and automatically receives limited access.
Use of the Service is possible after the Customer registers and selects the Order Subject in the manner established on the website.
The Customer pays for access to the service in advance for the entire scope of the Order Subject.
The Provider may, at its discretion, establish additional functionality that may provide the Customer with access to additional resources of the service. Resources obtained by the Customer under additional offers are independent of the Order Subject and do not affect the scope of services available under the relevant Order Subject. The terms of additional offers are posted on the Platform and are appendices to this Agreement.
The Provider reserves the right, at its discretion and at any time, to change the scope of Order Subjects and the cost of services. Such changes do not apply to periods that have been paid for by the Customer and take effect after the expiration of the paid Order Subject.
The terms of Tariff Plans and the terms of Service Scope constitute appendices to this Agreement and are binding on all Customers. Additionally, additional provisions regarding access to the Service may be posted on the website playmanity.net. Such provisions are also appendices to this Agreement.
Account and Information Processing
To use the functionality of the Service, the Customer must register an Account. To register an Account, the Customer must: (a) provide their name, surname, email address, and phone number; or (b) authorize through Facebook or Google.
By registering on the Platform, you confirm that you are a legally capable individual acting on your own behalf or on behalf of a legal entity on legal grounds. You also confirm that all information provided during registration is true, accurate, and up-to-date.
By registering on the Platform, the Customer thereby grants the Provider permission to collect, process, and transfer personal data without limiting the validity period of such consent. Additionally, by registering on the Platform, the Customer confirms that they are aware of their rights under the Law of Ukraine "On Personal Data Protection," the purposes of data collection, and that their personal data is transferred to the Provider for the purpose of fulfilling the terms of this Agreement, conducting mutual settlements, and receiving invoices, acts, and other documents. The Customer also agrees that the Provider has the right to provide access to and transfer their personal data to third parties without any additional notifications for the purpose of providing services to the Customer.
The Provider has the right to provide information about the Customer to contractors and third parties acting under an agreement with the Provider when necessary to provide the Service to the Customer, as well as in cases where the disclosure of such information is required by the current legislation of Ukraine.
The Customer is responsible for keeping their personal data up to date. The Provider is not responsible for improper performance or non-performance of its obligations due to the obsolescence of information about the Customer or its inconsistency with reality.
Rights and Obligations of the Parties
The Provider undertakes to:
- Provide the Customer with services in accordance with the paid Order Subject.
- Maintain the confidentiality of the Customer's personal data obtained during Account registration and/or use of the service.
The Provider has the right to:
- Terminate the provision of paid services from the moment of expiration of their provision period.
- Change the procedure for providing services and their cost without renegotiating this Agreement by publishing the changes on its website playmanity.net.
- Disclose any information if necessary in accordance with the legislation of Ukraine, at the request of authorized state bodies, as well as to ensure the normal functioning of the Platform or to protect the Provider and the Customer(s), provided that this does not contradict the relevant Constitutional rights of citizens and the current legislation of Ukraine.
The Customer undertakes to:
- Timely pay for the Provider's services in the amount, manner, and terms provided for in this Agreement.
- Comply with the terms of this Agreement.
- Not resell or provide the results of the services under this Agreement to third parties.
- Familiarize themselves with the Agreement, the terms of provision of the selected services, and comply with and fulfill their requirements.
- Keep all network credentials (logins, passwords) confidential.
- Not collect, copy, or process the personal data of other individuals, as well as any other information posted on the Platform, including through parsing, i.e., collecting, analyzing, processing, and storing information posted on web pages using parser programs ("spiders") and their analogues.
The Customer has the right to:
- Receive information about the services and their cost.
- Use the Service within the functionality available under the selected Order Subject in accordance with this Agreement.
- In case of any questions, complaints, or suggestions regarding the use of the Service or the need to obtain other information within the competence of the Provider, contact the support service using the appropriate functionality of the Platform or by sending a message to the Provider's email address specified on the website playmanity.net.
Service Cost and Payment Procedure
The cost of services under this Agreement is determined in accordance with the current prices published on the website playmanity.net.
Payment for services is made by the Customer by non-cash payment to the Provider's bank account.
Services are provided upon payment of 100% of the cost of the Order Subject upon receipt of payment to the Provider's account. The date of commencement of the provision of services by the Provider is the day the funds are received in the Provider's account from the Customer.
The Customer is solely responsible for the correctness of the payments made by them.
Information on the Platform
The Platform may contain publications, articles, and other informational materials of a journalistic, analytical, and other nature. The authors of these materials may be the Provider or other individuals. The Provider is in no way responsible for the accuracy of these materials and the consequences of their use.
Data obtained from third-party resources is open data obtained from official sources, Google search engines, resources of other third parties who have the right to collect, process, and transfer data in accordance with the legislation of Ukraine. The Service collects, analyzes, and uses data from open sources, including but not limited to datasets subject to disclosure in accordance with the Resolution of the Cabinet of Ministers of Ukraine No. 835 "On Approval of the Regulation on Datasets Subject to Disclosure in the Form of Open Data," in accordance with the Law of Ukraine "On Access to Public Information."
The accuracy and correctness of the data in the Service depend on the accuracy of such data on third-party resources. The Provider is not responsible for the content of such data, as well as for the consequences of their use.
The Service may contain links to websites, web pages, and applications of third parties. The Customer is solely responsible for familiarizing themselves with the Terms of Use of the relevant websites and agrees that they use such websites at their own risk and bear full responsibility for the corresponding actions.
Liability of the Parties
For non-performance or improper performance of their obligations under this Agreement, the Parties are liable in accordance with the terms of the Agreement, and in the part not regulated by the Agreement, in accordance with the current legislation of Ukraine.
The Service is provided on an "as is" and "as available" basis, without warranties or guarantees. The Provider does not guarantee that the Platform will be uninterrupted or error-free.
The Provider is not responsible for the completeness and accuracy of any information, including aggregated and analytical data based on machine analysis of data obtained from official sources of public information and third-party resources.
Aggregated data, connections, and analytical information in the Service are for informational purposes only. The Customer uses aggregated data and analytical information to make any decisions solely at their own discretion, and the Provider is not responsible for the consequences of using this data and analytical information.
If the Customer is dissatisfied with the terms and/or quality of the Service, it is advisable to stop using it.
The Provider is not responsible for any damages (direct, indirect, and incidental), including lost profits, arising from a malfunction of the Service, as a result of its use or inability to use. The Provider is not responsible for any actions or inactions of an individual and their consequences related to the use of information obtained from the Service, unless otherwise provided by law.
The Customer undertakes not to violate or attempt to violate the provisions of this Agreement. If the Provider, at its discretion, determines that the Customer has violated or attempted to violate this Agreement, the Customer's access to the Service may be terminated. The Provider may restrict the Customer's access to the Service, block, or delete the Account in connection with a violation of this Agreement.
Dispute Resolution Procedure
This Agreement and the relationship between the Parties are governed by the legislation of Ukraine.
All disputes that may arise in connection with this Agreement, including any issues regarding its execution, conclusion, validity, or termination, the Parties will try to resolve through negotiations.
The Customer agrees that for the purposes of resolving disputes between the Parties, an effective and mandatory means of communication is correspondence with the Customer by email and/or phone.
If the Parties do not reach an agreement on the dispute within 30 (thirty) calendar days, the dispute is submitted to the competent court in accordance with the legislation of Ukraine.
Intellectual Property Rights
All content on the Platform, including text, graphics, logos, and images, is the property of the Provider or its licensors and is protected by intellectual property laws.
The use of any materials or elements of the Service for commercial purposes without the written permission of the Provider is strictly prohibited.
By using the Service, the Customer receives a limited, non-exclusive, non-transferable, and revocable license to access and use the content for personal, non-commercial purposes.
Final Provisions
The Customer has the right to unilaterally terminate the Agreement at any time by deleting their Account.
The Provider has the right to unilaterally terminate the Agreement at any time.
The Provider has the right to make changes or additions to this Agreement at any time without any special notice by posting a new version of the Agreement in the relevant section of the website playmanity.net. The new version of the Agreement takes effect from the moment it is posted on the website, unless otherwise provided by the new version of the Agreement. The Customer must periodically review the current content of the Agreement. If, after 5 (five) calendar days from the date of changes, the Customer continues to use the Service, this means that the Customer fully and unconditionally agrees to such changes.
All requests regarding the use of the Service, including those provided for by these Terms, must be sent to the Provider at the following address: playmanity@gmail.com.