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Shards of Dawn
Draft. This document is not final yet. The parts in square brackets are still to be filled in, and the whole text is waiting for a lawyer's review.

Terms of Service — "Odłamki Świtu"

Effective from: [DATA WEJŚCIA W ŻYCIE] · Version: 1.0 · Wersja polska

In short (for everyone, including younger players)

§1. Who runs the Game

  1. The game "Odłamki Świtu" (the "Game"), available at https://shardsofdawn.com, is run by [IMIĘ I NAZWISKO OPERATORA], [ADRES], e-mail: [E-MAIL KONTAKTOWY] (the "Operator", "we").
  2. These Terms set out the rules for using the Game. They are an agreement between the Operator and everyone who has created an account (a "Player", "you").
  3. These Terms are available free of charge at https://shardsofdawn.com/regulamin-en.html, also before you create an account. You can save, print and reproduce them at any time.
  4. Definitions:
    • Account — a Player's account, accessed with an e-mail address and password;
    • Character — a Player's character in the Game world;
    • Player Content — anything a Player puts into the Game: chat messages, the Character's name, a guild's name and tag, auction listings;
    • Virtual Items — gold, items, cards and other goods that exist only in the Game;
    • Moderator — the Operator or a person authorised by the Operator who enforces these Terms;
    • Report — information about content or behaviour that may be illegal or break these Terms.

§2. What the Game offers

  1. The Game is a browser role-playing game with turn-based card combat. As part of the Game, the Operator provides the following electronic services free of charge:
    • an Account and a Character;
    • gameplay: exploring the world, fights, quests, Character progression, trading with non-player characters;
    • chat: a map channel (seen by everyone on that map), a guild channel, a party channel, and private messages (whispers) between two Players;
    • a friend list, guilds and parties;
    • duels between Players: with the opponent's consent, and without consent on maps marked as PvP;
    • trades between Players and an auction house that use only in-game gold;
    • account functions: downloading your data and deleting your Account.
  2. Using the Game is free. The Game does not sell Virtual Items or any other content for real money. If this changes, we will introduce separate rules and announce them before they take effect.
  3. Virtual Items have no monetary value and are not the Player's property in the legal sense. The Player has the right to use them in the Game under these Terms.
  4. The Game is under development. We may add, change and remove features and change game rules, such as balance, NPC prices or loot. [During testing we may reset all Characters' progress (a "wipe"); we will announce it in the Game at least 7 days in advance.]

§3. Technical requirements and security

  1. To use the Game you need:
    • a device with internet access;
    • a current version of Chrome, Edge, Firefox or Safari with JavaScript, WebAssembly and WebGL enabled;
    • browser storage (localStorage) enabled;
    • an active e-mail address.
  2. We recommend a screen at least [1024] pixels wide and a stable connection. On phones the Game may run slower or look worse.
  3. The Game requires a constant connection to the server and does not work offline.

  4. Specific risks. Using the internet involves risks, including:

    • phishing for passwords: we never ask for your password;
    • malware;
    • account takeover when the same password is used elsewhere;
    • contact with strangers who may pretend to be someone else;
    • scams in "trading" outside the Game.

    Protect your password, use one you do not use anywhere else, do not share personal details in chat, and do not arrange to meet strangers outside the Game.

  5. The Game stores a session token (to keep you logged in) and map view settings in your browser storage. Details: Privacy Policy, §7.

§4. Account

  1. You may create an Account if you are at least [MINIMALNY WIEK] years old.
  2. To create an Account you provide an e-mail address and a password (at least 8 characters), accept these Terms and confirm your age. The agreement is concluded when the Account is created and lasts for an indefinite period.
  3. [One person may have one Account.] Each Account has one Character.
  4. The Account is personal. You may not share, sell, buy, rent or transfer it to anyone else.
  5. You are responsible for keeping your password confidential. If you suspect someone knows your password, change it and write to us.
  6. A Character name must be 3–20 characters long (letters, digits, spaces) and must not break §5.
  7. Logging in on another device ends the previous session.

§5. Rules of conduct

  1. No illegal content. You may not put illegal content in the Game, in particular:
    • threats;
    • incitement to hatred or violence on grounds of nationality, origin, race, religion, sex, orientation or disability;
    • promotion of totalitarian regimes;
    • defamation and insults;
    • stalking;
    • sexual content involving or directed at minors, and soliciting minors;
    • disclosing other people's personal data without consent;
    • fraud;
    • copyright infringement.
  2. Chat rules. In addition, you may not:
    • insult, mock or harass other Players, including in whispers;
    • spam, flood the chat or advertise other services;
    • post vulgar, pornographic or graphic content;
    • impersonate a Moderator or the Operator;
    • ask others for their password or login details;
    • encourage dangerous behaviour;
    • post other people's contact details, photos or addresses (doxxing).
  3. Names. Character names, guild names and guild tags must not be offensive or vulgar, impersonate other people or Moderators, or infringe third-party rights (e.g. trademarks).
  4. Fair play. You may not:
    • use bots, scripts, macros or programs that automate play;
    • exploit bugs (report them instead);
    • interfere with or overload the server;
    • circumvent security measures or sanctions (e.g. create a new Account while blocked).
  5. No real-money trading. You may not sell, buy or exchange Virtual Items, Characters or Accounts for money or other goods or services outside the Game, or offer to do so. The Operator does not mediate in, and is not responsible for, such transactions.
  6. Duels and trading. Attacking without consent is allowed only where the Game allows it (PvP maps). It must not be used to persistently harass one person. Cheating in trades, such as swapping an item at the last moment or misleading someone about a price, breaks these Terms.
  7. You are responsible for your Player Content and for actions taken on your Account.

§6. Player Content

  1. Your Player Content remains yours. By putting it in the Game you grant the Operator a free, non-exclusive licence to store it, display it to other Players as the Game's features intend (e.g. on the map channel), and copy it as needed to run the Game, make backups and moderate. The licence lasts as long as the Operator keeps the content under the Privacy Policy.
  2. The Operator does not review Player Content before it is published. We act on Reports and on violations we become aware of.

§7. Moderation

  1. Who moderates. Moderation decisions are made by humans: the Operator and Moderators. We do not use automated content filtering or classification.

  2. Automatic limits. The Game automatically:

    • limits how fast messages can be sent (at most 5 per 10 seconds);
    • limits the number of login and registration attempts;
    • checks the length and allowed characters of Character names and messages.

    These are not sanctions: you can try again after a short time.

  3. Measures. For a breach of these Terms or for illegal content, a Moderator may, depending on the severity, repetition and consequences:
    • give a warning;
    • hide a message, so that only Moderators can see it;
    • change a Character's name or a guild's name or tag;
    • mute a Character for a set time (a muted Character can read the chat but cannot write);
    • block the Account for a set time;
    • block the Account permanently and terminate the agreement (§11(3)).
  4. We choose measures proportionately, with due regard to the rights and interests of everyone involved, including freedom of expression. We hide illegal content without delay once we become aware of it.
  5. Statement of reasons. We inform you of every decision affecting you through an in-game message [and by e-mail]. We state:
    • what we did and for how long;
    • which content or behaviour it concerns;
    • the facts we relied on;
    • the section of these Terms or the legal provision;
    • that the decision was made by a human;
    • how to appeal (§9).
  6. Messages are not deleted when a Character is muted. We keep them for the period set out in the Privacy Policy, so that Reports and appeals can be reviewed.
  7. A Moderator may read a private message only in connection with a Report or a reasonable suspicion of a breach of these Terms or the law.

§8. Reporting illegal content and violations

  1. Anyone — including people without an Account — can report content they consider illegal or contrary to these Terms:
    • in the Game: the "Report" option on a chat message, a Player or a guild;
    • by e-mail to [E-MAIL KONTAKTOWY].
  2. A Report should include:
    • an explanation of why the content is illegal or breaks these Terms;
    • where the content is: the Character's name, the channel (map, guild, whisper), date and time, a quote or a screenshot (in the Game this is filled in automatically);
    • the reporter's name and e-mail — not required when reporting content related to child sexual abuse;
    • a statement that the reporter believes in good faith that the information in the Report is accurate and complete.
  3. We confirm receipt of a Report if we know how to contact you. We handle Reports without undue delay, diligently and objectively, usually within [7] days, and content that threatens safety immediately. We inform you of the decision and of the possibility to appeal.
  4. We do not reveal the reporter's identity to the person reported, unless the law requires it.
  5. If someone frequently submits manifestly unfounded Reports, we may, after a warning, temporarily stop processing their Reports.
  6. If we become aware of content indicating a criminal offence that threatens someone's life or safety (e.g. a threat, a suicide announcement, grooming of a child), we will promptly notify the police or other competent authorities and preserve evidence.
  7. If someone is threatening you or you are in danger, call 112.

§9. Appealing moderation decisions

  1. You can appeal a Moderator's decision, including a decision on your Report, within 6 months of being informed of it: by e-mail to [E-MAIL KONTAKTOWY] [or with the "Appeal" button in the Game]. Say which decision you are appealing and why you disagree.
  2. Appeals are reviewed by a human, where possible someone other than the person who made the decision, within 14 days. If the appeal is justified, we reverse or change the decision without delay.
  3. You may also pursue your rights before the courts. An appeal is not a condition for going to court.

§10. Complaints

  1. If the Game does not work as described in these Terms (e.g. a bug took an item, or you cannot log in), you can file a complaint at [E-MAIL KONTAKTOWY].
  2. Include: your Character's name or the Account e-mail, a description of the problem, the date and time, and a screenshot if possible.
  3. We reply within 14 days of receiving the complaint, to the address it came from.
  4. If the complaint is justified, we will restore the state before the bug where possible. Virtual Items have no monetary value, so we do not pay money for them.

§11. Termination and Account deletion

  1. You can terminate the agreement at any time, without giving a reason and at no cost, by deleting the Account in the account settings in the Game or by writing to [E-MAIL KONTAKTOWY] from the address linked to the Account.
  2. An Account deleted in the account settings is gone 14 days after the request. Until then you can log in and cancel the deletion, but you cannot play. After that the deletion is irreversible: the Character, its Virtual Items and its progress are gone. What happens to your data is described in the Privacy Policy, §9.

  3. The Operator may terminate the agreement and block the Account permanently if a Player:

    • seriously breaks the law in the Game (§5(1));
    • persistently breaks these Terms despite earlier measures;
    • uses bots or trades for real money on a large scale;
    • is under [MINIMALNY WIEK] years old.

    The Operator then provides a statement of reasons (§7(5)), and the Player may appeal (§9).

  4. The Operator may stop running the Game by announcing it in the Game at least 30 days in advance. The agreements then expire on the day the Game closes.
  5. An Account unused for [24 months] may be deleted after prior notice.

§12. Availability and liability

  1. The Game is free and run by one person as a hobby. We try to keep it running without interruption, but outages and maintenance breaks can happen. We announce planned breaks in the Game where possible.
  2. We are not liable for:
    • interruptions caused by force majeure, failures of suppliers (e.g. network or power), or actions of third parties that we could not prevent;
    • the consequences of a Player sharing their password with others;
    • transactions between Players outside the Game (§5(5)).
  3. Nothing in these Terms excludes or limits the Operator's liability where the law does not allow it, in particular for damage caused intentionally, and nothing limits rights that consumers have under mandatory law.

§13. Personal data

Personal data processing is described in the Privacy Policy: https://shardsofdawn.com/prywatnosc-en.html.

§14. Changes to these Terms

  1. We may change these Terms for valid reasons, such as changes in the law, new Game features, changes to moderation rules, or security.
  2. We announce changes in the Game [and by e-mail] at least 14 days before they take effect, describing what changes. Changes urgently required by law or security may take effect sooner.
  3. If you do not accept the changes, you can delete your Account before they take effect (§11). To keep using the Game you must accept the new version when you log in.

§15. Final provisions

  1. These Terms are governed by Polish law. If you are a consumer from another country, this does not deprive you of the protection of the mandatory rules of the country where you habitually live.
  2. Disputes are resolved by the competent common courts under general rules.
  3. These Terms are available in Polish and English. In case of discrepancies, the Polish version prevails.
  4. If any provision proves invalid, the remaining provisions stay in force.
  5. Point of contact — for Players, people reporting content, and authorities of EU Member States, the European Commission and the European Board for Digital Services (Articles 11 and 12 of the Digital Services Act): [E-MAIL KONTAKTOWY]. We communicate in Polish and English. A human replies to messages.