Regulations

10/09/2019

LOCAL PLAY TERMS OF USE

Terms of Use of LOCALPLAY website

Adopted on the 13th November 2020

To define the rules based on which users can use the LOCALPLAY website and application, the LocalPlay Sp. z o.o. company based in Cracow at ul. Smoleńsk 23/2, 31-108 Cracow, publishes a document  informing and explaining the rules that apply for using this website, its functionalities and conditions for the provision of electronic services delivered by the Company.

 

§ 1 

GENERAL PROVISIONS

  1. Whenever following words are used in these terms of use they have meaning defined below: 
    1. Terms of use- means these Terms of Use;
    2. Company - means LOCALPLAY  which has registered office at Smoleńsk 23/2, 31-108 Cracow, Poland;
    3. LOCALPLAY or Website- means an open on-line platform operated by the Company, used by its Users to communicate with each other in order to find people willing to organize or jointly participate in sports and entertainment events; The use of both terms applies to both: LOCALPLAY website and application;
    4. Application- means a mobile application with which Users can gain access to webpage; 
    5. Account- means a set of resources kept under a unique login assigned to every User. User’s data and all the information about his activities on the webpage are collected under this account;
    6. User- means a person who is registered to LOCALPLAY and gained access to some or all of the services provided by the Company on the Website within the terms set out in the Regulations; 
    7. Registration– means the procedure of account creation;
    8. Contract– means an agreement about the provision of electronic services. It is concluded between the User and the Company at the moment of the confirmation of registration on the Website under the conditions specified in terms of use;   
    9. Teams– are groups of Users who intend to conduct a joint meeting with a  sports or entertainment nature; Teams may be permanent ( this way they can cyclically participate in the Events) or temporary ( created for the purpose of a one-off Event);
    10. Players- Users who have been registered to at least one Team (permanently or temporarily);
    11. Participants- Users who have been registered to at least one Event;
    12. Map– means an element of the system on which Events, Sports Schools, Facilities and Clubs are presented;
    13. Event– means an announcement added by the User informing about the organization of a sports or entertainment event in a specific category;
    14. Sparing– oznacza taki rodzaj Wydarzenia, w którym organizator poszukuje do rozgrywki konkretnej Drużyny;
    15. Tournament– is a type of Event during which more than one game takes place. It has character of sports competition between several Teams;
    16. Camp–  is a  type of Event during which a team is assembled in order to play outside its hometown;
    17. Sport schools– means a type of sports organization with a purpose to train players within certain age categories
    18. Facilities– means places such as sports fields, local football pitches, etc., which enable organization of sports and entertainment events;
    19. Clubs– organized and officially formalized teams that operate in league events in adequate categories 
    20. Profile– means the place on the Website where information about the actions taken by the users are collected. Individual Users can  control which  information about them are displayed  in this place;
    21. User's profile– is a Profile which presents information about the specific User;
    22. Company profile– is a Profile which presents the information about company which cooperates with the Website;
    23. Association profile– is a Profile which presents information about specific sport’s association;
    24. Club's profile–is a Profile which presents information about specific sport’s club.
  2. LOCALPLAY remains an open website, generally available to Internet users. Visit on the website remains anonymous unless other information is provided for the given functions of the service. However, it is necessary to register and log as an user in order to gain full access to content and services available on the website.
  3. Using the Website together with its functions described in these Terms of Use as well as registration and logging into Website are free of charge. The only condition that needs to be fulfilled in order to use the Website is having a device with access to the Internet, commonly used web browsers or a mobile application of the Website. Users (people registered on the website) are also obligated to have e-mail account operated by permanent and identified server.
  4. Persons registering on the Website may additionally be asked to authenticate the Account by using the authentication mechanisms currently used on the Website, in the form of an e-mail, SMS, TOTP message, containing a link or numeric code confirming the performance of a specific action on the Website. In order to ensure the safe functioning of the Website, LOCALPLAY may also introduce additional methods of account authentication. 
  5. The company may also provide other services related to the Website. The types and way these services are provided will be specified in separate regulations.

§ 2

TERMS OF REGISTRATION TO THE WEBSITE

  1. Only persons that are over 16 (sixteen)  may become Users of the Website. The Company reserves the right to refuse the Registration if it is detected that the person attempting the Registration is under the indicated age. If such circumstances are detected after the Registration is concluded, the Company is entitled to terminate the contract with immediate effect, in accordance with § 8 of the Terms of Use. 
  2. Entrepreneurs, including commercial law companies, are allowed to register on the Website, only when the Company gives them permission to do so. 
  3. In order to register, completing the registration form is necessary. Following information needs to be provided in that form
    1. Login;
    2. Email address (other than temporary or anonymous);
    3. Password;
    4. Date if birth (optional);
    5. Phone number (optional);
    6. Nationality;
    7. Name and surname (optional);
    8. Image (optional);
  4. Once the form is completed, for security purposes, the Website may request additional data or to perform certain activities to authenticate the data provided by the person making the registration. These activities may include confirmation of the e-mail address (through sent link), telephone number (through code sent via SMS). 
  5. After completing the registration form and after the authentication mentioned  in § 2 sec. 2 of the (in cases when it will be required by the Website), a message will be sent to the previously provided  email address, indicating the method of confirmation of the Registration and all the other information required by law. After finalising the confirmation of the Registration, an agreement for the provision of electronic services is concluded between the User and the Company under the conditions specified in the Terms of Use. Once Registration is completed, a User’s Account is created. 
  6. The User will gain access to the Account on the Website after entering the login and password (logging in). Logging in to the Account on the Website is also possible via other external websites, including social media channels. External websites may require fulfillment of additional conditions in order to log into the Website through them. The use of automated solutions, in particular the software that triggers the login, is at the risk of the User using such software.
  7. The User has access to non-confidential information regarding the accounts of other Users, such as the User's login;Teams to which the User belongs; information about the User's sports achievements; description "about me" - if one was added by the User; user's photos - if they have been added; links to the User's social media - if added; 

§ 3 

FUNCTIONS AND TERMS OF USE OF THE WEBSITE

  1. After the registration users are able to:
    1. Create selected Events and post announcements about their creation which will be visible to other Users of the Website;
    2. Communicate with other Users, including, in particular, expressing to other Users a desire to participate in the Events and exchanging information, opinions and observations between each other; 
    3. Place the Event created by them on the Map so that the location and exact date and time of the Event are visible to other Users;
    4. Submit application for participation in the Events created by other Users;
    5. Rate and comment events created by other Users;
    6. Create profiles and fill them with data.
  2. User who is using the Website:
    1. Is obliged to act in accordance with the law, principles of social coexistence and morality, without violating any rights of third parties and the legitimate interests of the Company;
    2. Is obliged to provide only true information and make statements which are true;
    3. Is obliged to refrain from using the Website to publish advertisements and offer services or add any commercial information;
    4. Advertisements and commercial information are not considered as opinions, comments, reviews etc. only provided that they are directly related to the commented Event created by another User;
    5. Is not entitled to copy, modify, distribute, transmit or use the content of the Website in any other way, except from using the contest as within permitted personal use;
    6. Is obliged to refrain from taking any actions that could hinder or disrupt the functioning of the Website or cause inconvenience during the use of the Website by other Users, including in particular forbidden spamming, manipulating the content and Event’s results available on the Website;
    7. Takes full responsibility for their actions, including the content, posted by him on the Website;
  3. W ramach korzystania z Serwisu, zabrania się w szczególności zamieszczania:
    1. Statements that violate the principles of netiquette and good manners;
    2. Vulgar or offensive statements, including those that relate to other Users; 
    3. Content that promotes violence, drastic content, or intends to spread hatred, racism, xenophobia  and conflicts between nations;
    4. Content that violates personal rights or copyrights of third parties;
    5. Pornographic content; 
    6. Links to websites containing the content referred to in § 3 sec. 2 of the Terms of Use; 
  4. By posting his data,  image and publishing comments or any other content on the Website, the User agrees for it to be used for an indefinite period by the Company for the purposes of running the Website and by other Users for personal use. 
  5. The User may post photos on the Website, but it is allowed to post only photos to which he possess  appropriate rights. By posting photos, the User agrees to the public dissemination and public sharing of his image. It is forbidden to post photos showing the image of another person, unless that person has consented to public disseminating and sharing his image.

§ 4

THE ROLE OF WEBSITE OPERATOR

  1. As part of the Website, the Company provides  appropriate tools to the User in order to enable him the use of all Website functions, including r tools enabling:
    1. Creation and maintenance of User’s Account;
    2. Viewing the content posted on Website;
    3. Adding new Events to the Website and posting them on the Map;
    4. Posting reviews, comments and adding ratings;
    5. Applying to participate in Events;
    6. Communication between Users;
    7. Creating profiles and sharing information on them;
  2. The company will take all the steps necessary to ensure the proper and uninterrupted functioning of the Website. However, the Company has the right to temporarily suspend the operation of the Website, to the extent necessary in justified cases such technical reasons or reasons beyond the Company's control, including force majeure. It is not possible to ensure the full functionality of the Website. In such a case, the Company will take all the possible actions in order to limit the negative effects of such a situation. 
  3. The Company will make necessary effort to help to resolve all conflicts and disputes between Users, as well as to improve the management of the Website to the fullest extent, including in particular facilitating the organization and participation in the Events. If there is a need for mediation between Users, the Company, at the request of the Users participating in the dispute, is ready to take conciliation actions that will facilitate conflict resolution. 

§ 5 

RESPONSIBILITY OF THE WEBSITE OPERATOR

  1. The Company does not take responsibility for incorrect or unlawful data provided by Users and comments, ratings and reviews added by Users. The Company is not obliged to verify, filter or monitor any data entered by Users and does not interfere with the use of the Website by Users, apart from the cases specified in the Regulations.
  2. The Company does not take responsibility for the data stored on the Website, unless it receives an official notification or other reliable message about the unlawful nature of the stored data entered by the User to the Website. In such cases, the Company will prevent other Users from accessing this data by blocking access or removing it from the Website. Concerned Users will be notified about the actions undertaken by the Company.
  3. The Website may contain links referring to third party websites. These websites are owned and managed by their administrators. The company is not responsible for the content of these websites, as well as for their availability. The Company, in order to ensure the highest quality of services provided by the Website and in order to gain the best opinion and reputation among the Users, is entitled to remove the link posted by the User, if its quality differs from the common quality standards adopted by the Website. 
  4. The Company provides its ICT system resources, enabling the storage of data by Users, whereby:
    1. It is not the initiator of the data transfer;
    2. It does not select the recipient of the data transfer;
    3. It does not select or modify the information contained in the sent message.
  5. In justified cases, in particular when the User's actions violate the law or the provisions of the Terms of Use, the Company is entitled to: 
    1. Admonish or warn the Use;
    2. Restrict the User's access to specific services;
    3. Suspend the User Account for a specified period of timey;
    4. Terminate the Agreement with the User immediately on the terms specified in § 8 of the Regulations and delete the User Account.
  6. The reason for taking the actions by the Company specified in § 5 sec. 5 of the Act or any violation of the law and the Terms of Use may be including:
    1. Providing incomplete or false data by the User;
    2. The User sharing one Account with other people;
    3. Multiple registration made by the same User and creation of many Accounts; 
    4. Violation of the rights and obligations of the User specified in § 3 of the Terms of Use.
  7. The application of the sanctions specified in § 5 sec. 5 of the Terms of Use depends on the decision of the Company. Company makes an assessment and selection based on the severity and scale of a given breach, provided that the sanction referred to in § 5 sec. 5 ptsd) may only be used under the conditions specified in § 8 of the Regulations.  
  8. The Company also reserves the right to edit the content posted by the User. It has the right to censor or to remove them if they violate the Terms of Use or the law.

§ 6

PROTECTION OF THE PRIVACY

  1. The company processes user data in accordance with applicable law and in accordance with the Privacy Policy, the content of which the User can read at https://localplay.app/pl/polityka-prywatnosci. This document contains full information required by law that is related  to the processing of personal data. Each User should read it in detail and accept it before using the Website. 
  2. Users are allowed to access personal data of other Users only in the cases provided for in the Regulations and only for purposes related to the operation of the Website. In other cases, the disclosure of data takes place with the prior consent of the owner of given data.
  3. The User is obliged not to disclose to third parties information about other Users that he received in connection with the use of the Website, unless he has obtained prior consent from the User to whom the data relates. In particular, it is forbidden to use the private information for commercial purposes, that include, promotion of the activity of the User or  the third parties in any form.

§ 7

COMPLAINT PROCEDURES

  1. Users have the right to submit complaints in matters related to the concluded Agreement as part of the proper Website's operation. 
  2. Complaints may be submitted in writing, in the form of a registered letter to the following address: Smoleńsk 23/2, 31-108 Cracow, Poland, or by e-mail to Show email. 
  3. The complaint should contain in its content: name, surname, login of the reporting person, e-mail address and a detailed description of the complaint.Applications that do not contain the above data will be left without consideration. 
  4. Complaints will be addressed by the Company within 30 days of their receipt. The answer will be sent to the User's email address. 
  5. In a situation when the data or information provided in the complaint needs to be supplemented, the Company has the right to ask the person submitting the complaint to supplement it  before addressing the complaint. The time of providing additional explanations extends the period of addressing a given complaint specified in § 7 para. 4 of the Terms of Use. 

§ 8

TERMINATION OF THE CONTRACT AND WITHDRAWAL

  1. Within 14 days of the conclusion of the Agreement with the Company, the User may withdraw from it without giving reasons. Contract can be withdrawn through sending a declaration by registered mail to the following address: Smoleńsk 23/2, 31-108 Cracow, Poland or to the e-mail address: Show email 
  2. The right to withdraw from the Agreement referred to in § 8 para. § of the Terms of Use, does not apply to the User who has performed any action on the LOCALPLAY, in particular posted an Event, reviewed the Event, or commented on it. 
  3. The provision of services on the Website is indefinite, with the exception of the following situations:
    1. The User may terminate the contract concluded with the Website regarding his Account at any time by sending a statement by registered mail to the following address: Smoleńsk 23/2, 31-108 Cracow, Poland or to the e-mail address: Show email. In the event of effective termination (understood as approval of the termination, which will be visible on the Account), the Agreement will be terminated after 7 days and after this period the User Account will be deleted. After the indicated deadline, logging in to the Account and using the services available on the Website with this Account will not be possible.
    2. The Company may terminate the Agreement concluded with the User regarding his Account at any time, of which it notifies the User. In this case, the Agreement is terminated after 7 days from the date of sending the information to the User and after this period the User Account will be deleted. After the indicated deadline, logging in to the Account and using the services available on the Website with this Account will not be possible.
    3. The Company may terminate the contract concluded with the User immediately when the User violates the law or the provisions of the Regulations, or the provisions of other separate regulations accepted by the User and other services related to the Website and provided by the Company. In this case, the Company is entitled to immediate deletion of the User Account, and to undertake action to immediately inform the User about it 
  4. If the Agreement has been terminated under a decision of the Website, the User is not entitled to re-create the Account without the prior consent of the Company.
  5. Deleting an Account does not automatically delete all content posted by the User on the Website. In such  cases, the Company does not remove the posted Events, comments and votes. In such cases, the history of the given account is still visible on the Website, the data relating to the User remains anonymous, and the User appears as "deleted". This also applies to Profiles that the User has created or submitted for creation, which will still be visible on the Website 

§ 9

INTELLECTUAL PROPERTY

  1. All copyrights to the Website, including to the works published on the Website within the meaning of the Copyright Law such as signs, logos or trademarks, are owned by the Company and are protected by generally applicable laws.
  2. The User remains entitled to use the content indicated in § 9 sec. 1 of the Agreement as part of the permitted private use provided for law, i.e. in order to use all the functions of the Website. Any use exceeding the indicated scope requires the consent of the Company expressed in writing. 

§ 10 

FINAL PROVISIONS

  1. The Terms of Use are available permanently on the website of the Company, and in the Application under the link: https://localplay.app/pl/regulamin. 
  2. In the event of a change to the Terms of Use, the Company will inform about it on the Website and by sending information about it to the User's email address. Amendments to the Terms of Use apply to Users within the period specified by the Company, which may not be shorter than 14 days from the date of posting information about changes on the Website. 
  3. In the event of non-acceptance of the new Terms of Use, the User is entitled to terminate the contract under the conditions specified in § 8 of the Regulations. 
  4. The law applicable to the Agreement between the User and the Website and the subject to which are services provided by the Website under the conditions specified in the Terms of Use, is Polish law. 
  5. Any legal disputes related to the services provided by the Company on the Website will be settled by the competent Polish common courts.
  6. A User, being a consumer has an option of using an out-of-court method of considering Complaints and pursuing claims before notifying a permanent consumer arbitration court, on the terms set out in the regulations of a given court. All necessary information about the rights of consumers, including the mode and procedures of dispute resolution, can be found at: https://www.uokik.gov.pl. The user may also use the EU internet platform available at: https://ec.europa.eu/consumers/odr/. 
  7. In all matters not covered by these Terms of Use, the provisions of generally applicable Polish law will be applied, in particular the provisions of the Civil Code and the Act on the provision of electronic services.