Termo de Serviços
Before setting up an account with us, you must carefully read the Terms of Service. Establishing an account with the Service signifies that:
- you have familiarised yourself with the Terms of Service and accept them in their entirety,
- you agree not to use the Service in an unlawful manner,
- you agree to be bound by the rules set out in the Game Etiquette,
- you have read and approved the Rules for Responsible Gaming
- you have read the principles of personal data processing in the Service.
Terms for the provision of services offered through the Service at the following address: https://gamedesire.ojogos.com.br.
I. General Provisions
1.1. The Terms of Service define the rules for the use by individual users (hereinafter referred to as the "Users") of interactive services (hereinafter referred toas the "Services") offered by the Service Provider through the Internet service at Ojogos (hereinafter referred to as the "Service").
1.2. The Service Provider shall be Gamedesire sp. z o.o. registered office at ul. Promienistych 1, Poland, entered in the National Court Register - register of entrepreneurs maintained by the District Court for Kraków in Cracow, XI Commercial Division of the National Court Register, under entry KRS 0000204304 (hereinafter referred to as the"Service Provider"), tax number: PL9452074881.
1.3. Personal data controllers shall be Gamedesire Ltd, a limited liability company incorporated in Malta, having its registered office at Bella Vista, Triq is-Simar Street, SPB 4051 Xemxija, Malta and Gamedesire Sp. z o.o., ul. Promienistych 1, 31-481 Cracow, Poland (each of the controllers shall hereinafter be referred to as an "Operator").
1.4. The Terms of Service are the terms of service within the meaning of Art. 8 of the Polish Act on Provision of Services by Electronic Means, dated July 18th 2002 (the Official Journal No. 144, item 1204).
1.5. The services offered by the Service Provider shall consist in providing registered Service Users ("Members") with access to the service comprising a game platform operated for entertainment purposes, as well as to allow Users to get in touch and share information and opinions with other persons interested in games, and to improve their knowledge of game-related topics.
1.6. As part of the services offered by the Service Provider, Members may participate in games in which scoring depends on their speed of reaction, dexterity and perceptive skills. To become the winner, a player must score the most points in a relevant play which requires the application of the abovementioned skills, or in games in which scoring or the final result depends, to a certain degree or solely, on chance.
1.7. Using the services made available via the Service and applying for Service membership shall be tantamount to acknowledging and accepting the terms and conditions set forth herein and to being bound by such terms and conditions each time when the Service is accessed. Users who visit the Service without having registered as Members shall be bound by the Terms of Service to the extent stipulated in the Act on Provision of Services by Electronic Means.
1.8. The Service Provider wishes to communicate that it shall not enter into agreements with Service Users or Members on an individual basis. All Service Users and Members who use the services made available by the Service Provider via the Service shall comply exclusively with these Terms of Service.
1.9. The Terms of Service may be viewed and printed out at any time by clicking on the reference link at https://gamedesire.ojogos.com.br/rules/privacy-policy, which forms part of the Service.
1.10. The Terms of Service may be revised from time to time, in accordance with the provisions of Section 10.3 below.
1.11. The Service Provider shall not be an Internet provider. Users willing to use the Service need to ensure that they have access a computer on which the Service may be used.
1.12. The Service Provider reserves the right to remove particular games or options from the Service or to modify them where it has legal or technical reasons to do so, including:
a) the need to safeguard privacy and personal data, or other legal considerations related to the content or operation of the Service;
b) technical difficulties affecting the Service or the Internet;
1.13. The Service Provider shall bear no responsibility for unavailability of the Service attributable to factors beyond its control or to unforeseen circumstances. Furthermore, the Service Provider reserves the right to suspend or terminate provision of the services via the Service at any time and for any reason, in particular when the Service needs to undergo maintenance work, review or technical expansion, subject to prior notice being given to the Service Users and registered Members.
II. Membership and Registration
2.1. To play games available via the Service, Users must register for an individual member account with the Service (hereinafter referred to as an "Account"). Each properly registered Service User becomes a Service Member.
2.2. By registering with the Service, each User expressly confirms that he/she is at least 18 years of age and has the capacity to enter into legal transactions, or is less than 18 years of age but uses the Service with the consent of his/her parents or legal guardians.
2.3. The Service Provider wishes to advise the Service Users that, since the outcome of a number of plays in games made available via the Service depends on the speed of reaction, dexterity and perceptive skills of players, persons suffering from certain kinds of disabilities, especially vision impairment or motor disability, may find it difficult to use the Service. The Service Provider informs that, given the current level of IT technology advancement, it has no means of ensuring special access to the Service for the disabled persons. Concurrently, the Service Provider wishes to assure the Service Users that, as soon as technologically feasible, it will provide such persons with access to plays available via the Service.
2.4. If a User registering for Service membership expresses such wish, he/she shall obtain access to the services offered by the Service Provider immediately upon registration. In such a case, the User has no right to withdraw from the agreement in accordance with the Polish Act on Protection of Certain Consumer Rights. In each case, a User shall lose the right to withdraw from the agreement concluded with the Service Provider from the moment he/she first plays in a play provided via the Service.
2.5. When registering for Service membership, Users shall complete a registration form, where they enter accurate and up-to-date details. If Users provide information regarding their payment/credit cards, they are obliged to make certain that they are fully entitled to use such cards and possess sufficient funds to pay all fees due to the Service Provider.
2.6. If the information provided by a Member upon registration is found to be misleading, incomplete or inaccurate, the Service Provider shall have the right to remove such Member's account from the Service and disregard his/her registration. In such a case, the Member has no right to raise any claims in relation to loss of Service membership.
2.7. All Service Users shall act in compliance with the law of the jurisdiction from which they obtain access to the Service. In the event that the applicable legal regulations prohibit or restrict use of the Service, Members are required to comply therewith.
2.8. The Service Provider may monitor the locations from which Users obtain access to the Service and, at the demand of a competent authority, may take appropriate technical steps to block access to the Service from a jurisdiction whose laws, to the best of the Service Provider's knowledge, prohibit or restrict access to the Service.
2.9. The Service Provider may demand that a Member change his/her password or other login name details in the interests of security or for other important organizational or technical reasons.
2.10. The Service Provider reserves the right to remove a Member Account from the Service, if the Account has not been used for at least one year since the last login date.
III. Playing Rules
3.1. To take part in certain games offered via the Service, Members need to possess GameChips. GameChips may be allocated to Members free of charge or acquired for play by users for a price stated in the price schedule, or else obtained free of charge in accordance with the terms of any promotion organized by the Service Provider as part of the Service operation.
3.2. The playing rules, scoring, participation issues and game instructions are set forth in reference sections accompanying each game made available by the Service Provider.
3.3. Following the end of a play, the Service Provider shall disclose the Login Name details and scoring results of individual participants. The above data will also be included in the best score tables.
IV. Personal Data
4.1. Users' personal data, in particular email address, login and data provided by the User as part of the Account edition, are processed in accordance with the provisions of 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) L119 / 40PL, the text of which can be viewed here: https://eur-lex.europa.eu/legal-content/PL/TXT/?uri=CELEX%3A32016R0679.
4.2. Operator is the controller of the personal data.
4.3. For the purpose of providing services on the Website, the Operator processes Users' data such as login and e-mail address, the User's IP number and a unique identification number generated on the basis of the computer's hardware and software configuration.
4.4. A Service Member may entrust another of his personal data to the Operator by posting them on the Player Data page. These data will be processed by the Operator in terms of their presentation on the Website as well as for marketing purposes, if a Service Member agrees.
4.5. A Service Member may at any time supplement, change or delete data on the Player Data page, as well as request access to personal data, rectification, erasure or limitation of processing, as well as object to processing, and require transfer of data. If a Service Member requests modification or removal of the data referred to in Section 4.3, it shall be tantamount to a request to remove the User’s Account.
4.6. After the User's Registration, the Website shows the results of his / her games and the records he has obtained. Other Service Member's data, in particular those having the nature of personal data, are not visible by default on the website. The Service Member may change the settings of his privacy by indicating that he wishes to disclose these data in the Service.
4.7. The Operator reserves the right to disclose selected information about the Member to authorities or third parties who request disclosure of such information, based on the appropriate legal basis provided for by the GDPR.
a) to identify the User’s computer and to ensure that the Account is used by the person who inputs the correct Login Name and Password for that Account.
b) compilation of non-personalised data on the use of the Service on a weekly, monthly and annual basis. The data are stored in the Service for around one year.
4.9. The Operator reserves the right to process anonymous data which do not permit unambiguous identification of persons, in particular the data on the language selected by the Members as the language of the service, sex, age, profession and interests of the Members and other similar information, as well as the data on weekly, monthly and annual use of the Service and the course of plays. These shall not be combined with any personally identifiable data about Members, nor shall they be combined with data which could identify Members. These data are processed for statistical and research purposes to improve the quality of services provided on the Website. A Service Member may consent to the processing of such data for marketing purposes.
4.10. Members' data are processed for the duration of the Account's existence in the Service. After the completion of the service, the data is still stored by the Operator for a period corresponding to the period of limitation of claims.
a) https://gamedesire.ojogos.com.br/account/edit – to edit additional data in the Service;
b) https://gamedesire.ojogos.com.br/account/delete – to remove data from the Service;
c) https://gamedesire.ojogos.com.br/help/contact-form – to seek information or in the event of the use of personal data by an unauthorised person.
d) by writing to the e-mail address firstname.lastname@example.org
4.12. Additional information on the processing of personal data on the Website, including categories of entities to which the Operator provides personal data, can be found under the link https://gamedesire.ojogos.com.br/rules/privacy-policy
V. Member Accounts in the Service and Settlements
5.1. A person may have only one Account in the Service; the Account must be established and may be used by that person individually. The Service Provider reserves the right to monitor the observance of the above provision by controlling your unique IP address, the regular address, the credit card number and other data concerning other forms of payment, which were used when setting up the Account.
5.2. If the Member abuses the provisions of the section above, the Service Provider may close down all the subsequent Accounts and cancel the GameChips collected in or coming from the Accounts.
5.3. If the abuse referred to in Section 5.1 continues, the Service Provider may decide to cancel all Accounts of a given person and to exclude such a person from the Service. The Service Provider reserves the right to close down any Accounts reasonably suspected of being used or controlled by the same person.
5.4. The Service Provider shall not be responsible for unauthorized access to the Member's Account or for the effects of criminal or other actions by persons making such unauthorized access. It is the responsibility of the Member to ensure that the Password to the Account is properly safeguarded.
5.5. By establishing an Account with the Service, the Member agrees that the Service Provider accesses the information in the Account in order to verify the charges which may be made in the complaints or with reference to other reported violations, if any, of the Terms of Service or legal regulations.
5.6. The Member's Account shall be used to record the inflows and outflows of the GameChips in connection with the Member's participation in the games. The Account shall be topped up with the GameChips by the Member using a debit/credit card or other payment systems or by way of gaining the GameChips in accordance with the terms and conditions of the promotional campaigns run by the Service Provider. The Account shall also be credited with the GameChips won by the Member in the games offered via the Service. The Member may at any time check the current balance of his/her Account in the Service.
5.7. The document confirming purchase transaction (receipt / invoice) is available for collection at the company's headquarters under the address ul. Promienistych 1, 31-481 Kraków during business hours 9am to 3pm.
5.8. The GameChips shall be the property of the Service Provider. It may not be used outside the Service, exchanged for any means of payment, or traded among the Members or other persons.
5.9. In special cases, including in particular if necessary to make technical changes to the Service, the Service Provider reserves the right to cancel the balances in the Members' Accounts. If such a cancellation is made, the Service Provider shall restore the flows of the GameChips recorded in the User's Account during at least 90 days prior to the date on which the Account's balance was cancelled and shall grant the Member such an amount of the GameChips as the Account was topped up with during the 90 days' period.
5.10. Upon the close down of the Member's Account in the Service for any reason, the GameChips collected therein shall be cancelled. The Member shall not be entitled to pursue any claims for the cancellation.
5.11. The Service may from time to time be expanded with some new or extra services for a fee to be paid in accordance with the rules which will be defined when these Terms of Service are amended.
VI. Rules Governing the Use of the Service and Elimination of Abuse
6.1. When using the Service the Member shall observe the rules of the relevant jurisdiction, the Terms of Service, the Game Etiquette as well as read and approve the Rules for Responsible Gaming delivered to him by the Service Provider.
6.2. The Service may be used by the Members exclusively for the purposes specified in Section 1.5 above. Therefore, the Members shall not:
a) use the Service for any other purposes;
b) add any content to the Service or otherwise use the Service for business, advertising or commercial purposes;
c) access the Service or the information contained therein for spamming.
6.3. The Members shall not use unethical methods when using the Service. Any technical means which enable the Members to affect the results of a play otherwise than by proving your dexterity, reflexes, perceptive skills or logical reasoning, or by removing the element of chance from the game, shall be deemed unethical within the above meaning. In particular, the following shall be deemed unethical: use of multiple Accounts, use of software and instructions which enable the use of computer hardware or software in gaming, assuming the identity of another Member, intentional loss aimed at gaining competitive edge, unreasonable prolongation of the game, and promising of benefits to other Members for the win or loss. Furthermore, the Members shall not take steps which may result in discontinuation or disruption of the Service operations, or use proxy servers to hide the Member's IP address or to break the security precautions.
6.4. The Service Provider reserves the right to:
a) suspend a Member or deny access to the Service or a part thereof,
b) cancel the wins, the Member's statistics, rankings, and GameChips in the Account,
if the Member's conduct may be deemed a violation of the law and the Terms of Service, or a severe abuse of the Game Etiquette. A person who has been suspended or denied the access to the Service shall not sign upon use the Service again without a prior consent of the Service Provider.
6.5. In special cases, the Service Provider reserves the right to ban particular IP addresses or specified individualized computer hardware from the Service. The Service Provider shall make every effort to notify the persons using the Service through such IP address or with such hardware of the ban and the reasons for establishing it. Such persons shall not be entitled to pursue any claims in connection with the ban. A request for cancelling the ban shall be dealt with in accordance with the complaint handling procedure.
6.6. The Member shall be responsible for any actions made in or via the Service using his/her Login Name and Password.
6.7. At https://gamedesire.ojogos.com.br/player/Login the Service Member may set up and maintain his/her own sub - site (”Player's Web Site”) and may place there his/her own materials; the Member may also add links to the Player's Web Site in the Service, within the limits of the options offered by the Service Provider and in accordance with the Terms of Service. In particular, the Service Member shall be solely responsible for the content added to the Service, including personal data or materials which are or maybe subject to intellectual property rights.
6.8. The Member shall be responsible for ensuring that any material posted by him/her to the Service, as well as any action or message sent in connection with the Service:
a) does not abuse any intellectual property rights;
b) does not constitute a violation of the applicable laws, including the provisions of the criminal law;
c) is not offensive, threatening, abusive, offensive to religious feelings, pornographic, false, unreliable or misleading;
d) does not constitute a promise or a call for making promises of benefits for wins or losses.
6.9. The Member acknowledges that the Service Provider may remove from the Service any materials which, based on the Service Provider's own sources or the communication from the Members, other persons or authorities, may be deemed a violation of the law, these Terms of Service, the Game Etiquette, or may damage the reputation of the Service. Nevertheless, each User shall remember that the Service Provider does not control the materials added to the Service by the Members.
6.10. The Service Provider states that any events of abuse may be reported using the form available at the “Report abuse” section in the Service or to the e-mail address specified therein.
6.11. The Service Member may demand his Member Account to be removed remove and his personal data ceased to be processed by addressing Service Provider with an appropriate statement using the form https://gamedesire.ojogos.com.br/help/contact-form whenever he decides, that further use of services provided in the Service could threaten his vital interests in particular become the source of health problems. Be it so, the Member Account shall be removed immediately after the Member is logged off the Service. The statement by the Service Member is irreversible, and the Member shall have no claims arising therefrom.
VII. Service Provider’s Liabilities
7.1. The Service Provider represents and the User acknowledges that the Service Provider shall not exert control over or be held liable for the accuracy or suitability of selection of the material made available in the Service by Members or any third parties.
7.2. A number of internet websites owned by third parties are associated with the Service through hypertext links. This, however, may not be interpreted as the Service Provider’s consent or undertaking of responsibility for the functional management or content of such Internet websites.
7.3. The Service Provider informs that, as far as the use of the Service is concerned, it is advised to take precautions the same as would be taken in the case of activities conducted outside the Internet website environment. It should be taken into consideration that although the Service Members are boundby specific restrictions, persons participating in the Service may supply information or undertake other actions of unreliable, misleading or even illegal nature. Furthermore, it should be noted that these persons need not necessarily be the persons they purport to be.
7.4. The Service shall be accessed by persons using it at their sole risk. Accordingly, to the extent permitted by law, the Service Provider, its management staff, suppliers and employees shall not bear any responsibility arising from or connected with the Service or materials submitted thereto by the Members or any third parties.
7.5. The Service Provider shall not beheld liable to the Service users for any, direct or indirect, losses or damages as well as for the loss of any data, profits, revenues, or undertakings, however incurred, with the exception of damage resulting from willful misconduct or gross negligence of the Service Provider or its employees. Furthermore, the Service Provider shall not bear responsibility for any omissions in fulfilling its obligations under the Terms of Service originating from the circumstances for which it is not legally liable.
7.6. Subject to Section 7.5, under no circumstances shall the total liability of the Service Provider underthe Terms of Service exceed the amount being an equivalent to the total amount of top-ups of the Member’s Account during the 12 months preceding the date of the Member’s claim, if any.
7.7. Nothing in the Terms of Service shall limit the Service Provider’s liability for death or personal injury resulting from negligence, or any other liability which may not be excluded by law. Furthermore, the Terms of Service shall not affect the rights afforded to the Members under consumer-related legal acts.
a) there is a technical failure of the Service which causes a play to be uncompleted,
b) the Service Provider determined with certainty that the responsibility for the failure lies completely within its control,
after examining the cause of malfunction, the Service Provider shall refund the Member’s Account with an amount being the equivalent of entry costs that were charged to the Account for joining the particular play. The Service Provider shall bear no liability to pay winnings which may potentially have been won in an uncompleted play.
7.9. The Service user agrees to indemnify the Service Provider against damages, if any, connected with court proceedings, claims or expenses that may arise from any breach of the Terms of Service by the user or through a machine on which the user accesses the Service.
VIII. Intellectual Property
8.1. All copyright, trademarks, and other intellectual property rights in and relating to the Service, other than the material contributed to the Service by Members, are owned by the Service Provider under exclusivity rights. Copying the material available in the Website poses no difficulties, but this does not make such action legal. Therefore, it shall not be permitted to copy, distribute, show publicly or create any derivative work from the Service, or any other material found in the Service, without a prior consent of the Service Provider or Members responsible for contributing the material.
8.2. By submitting any material to the Service, Members:
a) represent that they are fully entitled to do so;
b) grant the Service Provider non-exclusive, royalty-free and non-terminable license to copy, modify, distribute, show publicly and create derivative work from the material solely in the course of its processing and display on or through the Service, in accordance with the Terms of Service;
c) authorise the Service Provider to adapt the relevant material in the course of its using, and thus waive their personal rights, and in particular the right to be identified as the authors of relevant material.
9.1. Any complaints pertaining to the provision of services by the Service should be submitted by way offilling in the form which is to be found at https://gamedesire.ojogos.com.br/help/contact-form.
9.2. The complaint form should contain at least the following data: first name, surname and Login Name of the user submitting the complaint, as well as a detailed description and reasons for filing the complaint.
9.3. Complaints shall be handled by the Service Provider immediately upon receipt, in order of receipt, no later than within seven days.
9.4. The method of handling the complaint shall be communicated to the submitting person in the manner corresponding to the way in which the complaint was filed, or by post to the address indicated in the complaint form.
10.1. The Service Provider reserves the right to assign to a third party or subcontract any or all the rights and obligations under the Terms of Service. The Service Members may not assign or waive rights and obligations under the Terms of Service without a written consent of the Service Provider.
10.2. Issues which extend beyond the scope of the Terms of Service shall be governed by the absolutely binding provisions of the law.
10.3. The Service Provider reserves the right to amend the Terms of Service from time to time. The updated version of the Terms of Service shall be posted in the Service. If this is the case, a notification on the amendments shall be published on the home page of the Service, and the amended version of the Terms of Service shall become effective with respect to the entire range of services provided by the Service:
a) a month after the date of posting the amendments to the Terms of Service in the Service, or at a later date determined by the Service Provider, if the amendments concern material provisions of the Terms of Service which may have an adverse effect on the position of the Members; if, following the introduction of the amendments, a Member objects to being bound by the new version of the Terms of Service, he should notify the Service Provider about that before the date on which the new version comes into force, and as of that date the Member is obliged to stop using the Service;
b) immediately upon posting the amended version of the Terms of Service, or at another date determined by the Service, if the amendments do not concern material provisions here of or if they are not able to adversely affect the position of persons using the Service.
10.4. It is the sole responsibility of the player to understand the laws in his/her jurisdiction of residence relating to all aspects of playing at Ojogos. Your access to the site is on your own initiative and you are responsible for your compliance with local laws if and to the extent local laws are applicable.
10.5. Any disputes resulting in connection with the use of the Service shall be resolved by a court having jurisdiction over of the Service Provider’s registered office.
10.6. The persons using the Service may contact the Service Provider using the form available at https://gamedesire.ojogos.com.br/help/contact-form.
Rules for Responsible Gaming
The purpose of the Ojogos internet service is to provide its users with entertainment, enable them to get involved in contacts and discussion with other users sharing the same interests, and upgrade their knowledge on the issues of gaming. Making the Service available to the public we hope, that all its users will use the services provided in the Service for that purpose. It can happen however that using services provided in the Service, instead of its being the source of entertainment, will become for some users the way of spending excessive amounts of time and money. Such cases are rare and above all possible to avoid, if only the following basic rules are observed:
- I play for fun, not to earn money.
- I spent to play only so much money, that I can afford losing them.
- I try to win, but I never try to take revenge.
- I do not play, when I am sad, tired, discouraged.
- I can spend my free time also doing other things then playing game.
Remember, when you feel, that playing game becomes for you something more then only the source of entertainment, you may, according to point 6.11 of the Ojogos service Rules demand for your Member Account to be removed, and your access to the services provided in the Service to be permanently denied. Where the problem with game happens to you, you should also contact professionals, who will help you to cope with the situation. Visit the website www.gam-anon.org for that purpose or ask your local social service. Be aware also, thet addressing the problem early and in open manner may help you to avoid becoming a compulsive gambler and thus involvement in serious personal, family and financial disturbances.