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Terms of service determine and amend the rules between the operator of the internet game PowerPlay Manager (hereinafter as “game”) and the registered users of the game (hereinafter as “users”). These terms of service are binding to all registered users in the game. The game consists of several independent units, representing the various sports.
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| 2. |
The operator of the game is POWERPLAY MANAGER, s.r.o., with headquarters at Budatínska 57, 851 06 Bratislava, Slovak Republic, Company registration number: 36 722 405, registered in the Commercial register of the Bratislava I District Court, department: Sro, entry no.: 43978/B (hereinafter as “operator”).
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| 3. |
The operator provides the following virtual services enhancing the experience and comfort of the game:
| a. |
PRO pack - a set of virtual features, which the user can subscribe for, for a certain period of time. All features of the PRO pack are activated together and not separately. The PRO pack has to be activated separately for each sport in the game!
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| b. |
CREDIT pack – a set of virtual features, which the user can subscribe for, and are not included in the PRO pack. The individual features of the CREDIT pack are activated separately.
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(Hereinafter as “feature packs”).
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| 4. |
The operator reserves the right to modify, remove or add features to any of the two feature packs at any time. Both feature packs are only available after they have been purchased by credits. Credits represent virtual funds which the user can use arbitrarily to subscribe for features of the PRO and CREDIT feature packs (hereinafter as “credits”). Credits from the user account, obtained by payment, or as a prize or a reward, cannot be used outside the game. It is possible to transfer these credits to another user account or exchange them for products from the fan-shop in the game (after the fan-shop has been implemented and only in case the operator enables this for the product in question). The user is not entitled to claim refund for the credits, unless stated otherwise elsewhere in these terms of service. The ownership of credits does not justify any financial obligation on the part of the operator.
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| 5. |
CREDIT pack in the various sports includes special credit features called credit games (or matches) and credit tournaments. Credit games are arranged by users challenging each other to play games for credits. Each user, who accepts such a challenge to a credit game, takes full responsibility for accepting this bet and is not entitled to any compensation from the operator in case of erroneous acceptance of the challenge. Users taking part in the credit games accept the fact that the operator takes provision from every such game played. The amount of this provision is determined by the operator and can be changed at any time. The information about the amount of this provision is published on the pages of the game. In credit tournaments, users pay entry fee in credits in order to take part. The best placed users in the tournament win credits from the tournament prize pool. The prize pool is assembled from the entry fees (after the service fee has been deducted) and a donation from the founder. User, who has founded such a tournament, has the right to set the playing system, prize distribution, entry fee in credits and its rules. The founder of the tournament has the right to forfeit any game if the rules have been violated. In such case, the founder’s decision is binding for the user in question. The founder pays a fee in credits to the operator for organizing the tournament. The operator deducts a service fee from the sum of entry fees paid by the tournament participants. The rest of the credits are divided amongst the participants as prizes. The amount of service fee and the amount of organization fee are determined by the operator and can be changed at any time. The information about the amount of the service fee and the organization fee are published on the pages of the game. If the tournament fails to take place (e.g. because of insufficient number of participants or other reason), the entry fee is refunded in full to the participants, also the founder’s donation is refunded in full if there was any. However, the organization fee is not refunded to the founder in such case. Credit games and credit tournaments are not to be considered gambling as defined by the law no. 171/2005 from the code of law on gambling and on the change and amendment of certain laws in the statutory text of later statutes under the legislation of the Slovak Republic.
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| 6. |
The operator may organize prediction competitions for credits for the users. Predictions of the results of real teams as well as virtual teams are not to be considered gambling as defined by the law no. 171/2005 from the code of law on gambling and on the change and amendment of certain laws in the statutory text of later statutes under the legislation of the Slovak Republic.
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| 7. |
The user is entitled to a refund of money and/or credits used on the purchase of the PRO pack only under the following conditions:
| a. |
The operator will refund the credits to the user used on subscription for the PRO pack only at the first activation of this pack by the user, reduced by a 20% service charge from the sum in question if the user requests a refund of these credits within 3 days from the activation of the PRO pack due to lack of satisfaction with the purchased virtual services. The operator is entitled to deactivate the PRO pack of the user on the day of refund of the credits to the user’s account in the game. The user is not entitled to the refund of credits for the value of the PRO pack which the user has won in a competition hosted by the operator or which has been gifted to the user by the operator.
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| b. |
The operator will refund the money to the user used to purchase credits which the user has had credited to his account in the game in the last 30 days before sending the request for their refund (if they had not been spent), reduced by a 20% service charge from the sum in question (with the minimum service charge being € 10) if the user requests a refund of money.
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| c. |
The money refunded for the unspent credits is calculated at the rate of € 0.075 per 1 unspent credit.
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If the user does not meet the above conditions, his/her request for refund will not be accepted.
The refund of money is realized by the paypal payment service located on the website https://www.paypal.com. The request for refund of money must be sent via e-mail to finance[a]powerplaymanager.com.
The user is not entitled to claim a refund of credits used on subscription for any of the virtual features within the CREDIT pack, due to the fact that the deactivation of these virtual features is not technically possible once they are activated.
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| 8. |
By checking the box next to the text “I agree with the rules and the terms of service of PowerPlay Manager”, the user agrees with the terms of service and rules of the game. The rules of the various manager games, which are part of the PowerPlay Manager project, can be found in the “Rules” section of the universal user account and/or on the pages of the particular sport.
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| 9. |
The user pledges that he/she will authorize his/her e-mail address within 14 days of the activation of the user account by the operator, otherwise the operator is entitled to delete the user’s account in the game and/or revoke the user’s team in any sport of the game and the user will not be entitled to refund of money used to purchase credits or to subscribe for the feature packs.
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| 10. |
The operator reserves the right to intervene into the game without prior notification of the users.
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| 11. |
The operator reserves the right to limit the users’ access to the game due to maintenance or technical or other reasons for the necessary period of time without prior notification. The users are not entitled to claim any compensation in such instances.
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| 12. |
The user is responsible for all his/her acts related to the use and playing of the game.
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| 13. |
The user is not entitled to claim any compensation for the damage caused by a game malfunction or leakage of information demanded by the operator in order to activate the user account.
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| 14. |
The operator has the right to delete the user account (either in one particular sport or the entire user account) if the user uses this account in conflict with the generally binding legal norms, good manners or with the generally accepted ethical and moral principles of the society. In such instances, the user is not entitled to claim the refund of money for the credits used to purchase virtual services of the PRO and CREDIT feature packs, the refund of money for the remaining credits on the user’s account, and/or the refund of costs, if any, in connection with the provision of the user account.
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| 15. |
The operator has the right to delete the user account (either in one particular sport or the entire user account) if the user uses this account in conflict with the rules of the game. In such instances, the user is not entitled to claim the refund of money for the credits used to purchase virtual services of the PRO and CREDIT feature packs, the refund of money for the remaining credits on the user’s account, and/or the refund of costs, if any, in connection with the provision of the user account.
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| 16. |
The unused credits and/or the financial value of the services purchased by the user, which will seize being provided to the user after the deletion of the user’s account in the game due to the user’s conduct as specified in paragraphs 12 and/or 13 of these terms of service, represent the contractual fine, as agreed between the operator and the user, for the above mentioned conduct of the user. All the rights and privileges connected with the user account become null and void with the deletion of the user account from the game.
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| 17. |
In case of deletion of the user account due to a reason other than the ones mentioned in paragraphs 12 and/or 13 of these terms of service, the unspent credits of the user may be transferred to a different user account in the game if the user – owner of the credits requests this transfer within 3 days since the deletion of his/her user account. The request to transfer the credits to a new user account in the game must be sent via e-mail to finance[a]powerplaymanager.com. The user must request this transfer within the above mentioned period otherwise the request for transfer of credits will not be accepted. The remaining days of subscription of the PRO pack are neither transferrable to a different user account nor refundable.
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| 18. |
The operator is not liable for the damage caused by the abuse of password to the user account.
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| 19. |
The operator reserves the right to change these terms of service without prior notification. The amended terms of service come into effect on the day of their publishing on the corresponding page of the PowerPlay Manager website. The user is entitled to withdraw from the new terms of service within 3 days since their publishing. The user must announce the withdrawal from the new terms of service to the operator via e-mail to support[a]powerplaymanager.com from the e-mail address provided by the user during the registration process. The e-mail message must contain the user’s username and a clear statement that the user is withdrawing from the new terms of service. Withdrawal from the terms of service requested after the deadline, uncertain withdrawal or withdrawal without a clear statement that the user is withdrawing from the terms of service as a result of their change by the operator is not valid. A valid and effective withdrawal from these terms of service renders the right of the user to use his/her account in the game null and void and the operator is entitled to delete the user’s account. It is the operator’s obligation to refund the money for the user's unspent credits reduced by a 20% service charge of the total value of the unspent credits if the user has withdrawn from the terms of service. The user is entitled to claim a refund of money only for credits purchased by the user. The money for credits which were gifted or won are not refundable. The user is not entitled to claim a refund of money for credits spent to activate any of the feature packs, regardless of the duration of the feature packs. The withdrawal of the user from these terms of service is not possible under any other conditions.
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| 20. |
The operator reserves the right to change the rules of the game without prior notification. Any change to the rules will always be published on the corresponding page of the PowerPlay Manager website.
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| 21. |
The operator reserves the right to send information about the PowerPlay Manager project and about its partners to the user’s e-mail address. The user can withdraw the approval of the sending of these newsletters, given to the operator, at any time via e-mail. However, the user is aware that by withdrawing the approval of these newsletters, the user loses the right to his/her user account and the operator is entitled to delete the user’s account in the game. In such instances, the user is not entitled to claim the refund of money for the credits spent to purchase virtual services of the PRO and CREDIT feature packs, the refund of money for the remaining credits on the user’s account, and/or the refund of costs, if any, in connection with the provision of the user account.
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| 22. |
The operator is not liable for the content of the messages and e-mails sent by the users from with their user accounts and the opinions expressed by the users of the game in the messages, texts or e-mails may not be in accordance with the opinions of the operator. Similarly, the operator is not liable for the texts and/or images inserted into the game interface by the user utilizing the special features of the feature packs.
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| 23. |
The operator expressly warns that excessive play of computer games may cause health hazards and the operator is not liable for any health damage caused by the playing of the game.
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| 24. |
The user is aware of the fact that by playing the game and presentation of his/her thoughts, suggestions for improvements and ideas on the public or private forums in the game, the user does not gain any intangible rights in relation to the operator.
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| 25. |
The operator is not legally liable for files, texts or images inserted by the user into the game interface and which are subject to legal norms regarding intangible rights and particularly the copyright laws. By agreeing with the PowerPlay Manager rules and terms of service, the user declares that he/she has the right to manipulate with these elements or is the copyright owner for these element. The user shall bear legal responsibility for the violation of the copyright laws.
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| 26. |
The user is aware of the fact that all the names, data related to these names and all the images of the faces published in the game are fictitious and any similarities with the names, appearance or personal data with the actual persons are completely coincidental.
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| 27. |
The operator declares that the user is not obligated to disclose any personal data to the operator in terms of the legislation regarding the protection of personal data and that the operator will not demand this kind of data. The operator bears no liability for the user’s disclosure of his/her personal data to a third party, particularly during the payment process, and the operator is not under any obligation of the legislation regarding the protection of personal data in connection with the disclosure of the personal data to a third party. The user’s e-mail address is not considered as a part of the personal data for the purposes of the legislation regarding the protection of personal data.
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| 28. |
The operator is entitled to use the advertising system of Google or other companies on the website. Google, as well as other companies, are third party contractors using cookie files in order to display advertisements on the website of the operator. The cookie DART file enables Google and/or other companies and their partners to display advertisements to users based on their visits of the operator’s website or other internet websites. The users were informed about this by the operator (during registration when agreeing to the terms of service). The users may cancel using the cookie DART file by visiting the page on the rules of protection of the personal data for advertisement and content network of Google (or by visiting the respective pages of other companies).
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| 29. |
In case of any ambiguity or inconsistency in the content or interpretation of the various language versions of these terms of service, the Slovak language version is to be considered as the decisive and valid version.
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| 30. |
The legal order of the Slovak Republic is applied for these terms of service and all legal relations between the operator and the user.
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| 31. |
Should any provision of these terms of service be or become invalid, ineffective or unrealizable, the validity, effectiveness and feasibility of the remaining provisions of these terms of service shall not be affected.
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| 32. |
Any disputes which may arise between the user and the operator regarding the obligations arising from these terms of service shall be dealt with by voluntary settlement. If no agreement can be reached the dispute shall fall under the jurisdiction of the respective court of arbitration in the locality of the operator.
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| 33. |
The user expresses his/her unqualified assent to these terms of service by registering for the game.
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