EFFECTIVE DATE: February 20, 2014


PLEASE READ THE FOLLOWING TERMS OF USE THOROUGHLY. BY ACCESSING OR USING THE SITE AND/OR SUBSCRIBING TO THE SERVICES AVAILABLE THROUGH THE SITE (AS DEFINIED BELOW), YOU HEREBY AGREE TO BE BOUND CONTRACTUALLY BY AND FIRMLY ADHERE TO THESE TERMS OF USE, AS IT MAY BE AMENDED OR SUPPLEMENTED FROM TIME TO TIME. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS THE SITE AND SUBSCRIBE TO ANY OF THE SERVICES. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MUST DESTROY, RETURN OR DELETE ALL COPIES OF OBRONA BLOCKADS SOFTWARE IN YOUR POSSESSION.


General Provisions

  • 1. The capitalized terms used in these Terms of Use shall have the following meaning:
    • a) Provider – an entity providing access to the Site and Services available through the Site, that is Red Sky Sp. z o.o., a company duly incorporated under the laws of Poland, with its registered office in Szczecin, at Aleja Piastów 22, Szczecin 71-064, Poland, entered into the register of entrepreneurs of the National Court Register maintained by the District Court Szczecin-Centrum in Szczecin, XIII Commercial Department of the National Court Register, with KRS number 0000209107, NIP (tax identification number): 6422683651, and REGON (national business registry number): 276822679.
    • b) Contact Form – an electronic document placed on the Site, dedicated to contact with the Provider.
    • c) Order Form - an electronic document placed on the Site, dedicated to request payable Services from the Provider.
    • d) Services - ad blocking services available through the Site, including any similar services and functionalities, as well as any software accessible on the Site, whether free of charge or against payment. Payable Services available through the Site operate on a subscription basis: a monthly subscription (an agreement is made for a unlimited period of time with monthly settlement period).
    • Monthly subscription:

      Every month (monthly settlement period) the Provider will bill your credit card or bank account the fee stated at the time of purchase;


    • e) Price List - a price list specifying the amounts of charges payable for a payable Services, depending on the choice of a subscription.
    • f) Terms and Use – this document, specifying the terms and conditions of the use of the Site and subscription to the Services as well as the rights and obligations of Users and the Provider. The Terms of Use constitute a binding agreement between a User and the Provider, with respect to the User’s use of the Site and subscription to the Services.
    • g) User – an individual who has reached the age of majority in his/her jurisdiction of residence at the time when accessing/using the Site or subscribing to the Services.
    • h) Site – OBRONA BlockAds website, accessible under the URL: http://BlockAds.OBRONA.org/, and all associated sites linked to the Site, which are operated by the Provider.
  • 2. Pursuant to Article 8 sec. 1 par. 1 of the Polish Act of 18 July 2002 on providing services by electronic means (Journal of Laws of 2002 No 144, item 1204 as amended) the Provider hereby establishes these Terms of Use.

Eligibility

  • 1. The Site and Services are accessible worldwide to Users with Internet access and which reside within the jurisdiction which allows this Site and Services.
  • 2. Users are responsible for all use of their Internet access, including any use by third parties. In particular, the User must pay all the charges billed for the use of the Internet access. This also applies to goods or services subscribed to or ordered through their Internet access.
  • 3. Users are responsible for compliance of their activities with all applicable laws in jurisdictions where they actually reside.
  • 4. By accessing the Site or subscribing to the Services, Users automatically agree to be bound contractually by and firmly adhere to these Terms of Use.
  • 5. Failure to comply with these Terms of Use may result in termination of an agreement between the Provider and a User, as well as in suspension or permanently removal of the User’s subscription to the Services. Upon such termination, suspension or removal, User’s right to use the Site or Services will immediately cease.

Functionalities

  • 1. The Site has been designed to provide Services only and may not be used for any unlawful purposes or illegal activities.
  • 2. User may not subscribe to and use Services offered via the Site while he/she is located in a country, state or jurisdiction that does not allow him/her to subscribe to and to use such Services. It is User’s responsibility to ensure that national, state or other applicable laws, court order, administrative decision or any similar regulation to which he/she is subject to do not prevent from using Services offered via the Site.
  • 3. Within the maximum extent allowed by applicable law, Provider shall not bear any liability vis-à-vis Users, if Services are interrupted due to problems or activities independent of the Provider as well as due to force majeure.
  • 4. User has an option to subscribe to one of payable Services in accordance with the Price List in force. Only payable Services involve a charge and they may be ordered by the User through an Order Form.
  • 5. Payable Service is being paid in advance by the User, according to the chosen subscription. By paying for the payable Service, the User agrees that it is being activated immediately after the money transfer is credited to the bank account of the Provider.
  • 6. User effects a subscription charge for a selected payable Service via selected third party’s site (e.g. PayPal). Once the payment is made the Provider will share the User a unique software serial key. Serial key will be displayed in the proper place on the Site, to which the User will be automatically directed from selected third party’s site at the end of the payment procedure. User need to type the serial key into the installed software. Additionaly, the Provider will send the User message containing serial key to the e-mail address provided by the User upon making payment. - A User needs to check his/her inbox (or SPAM folder) to read this message.
  • 7. User will pay and indemnify and hold the Provider harmless from any and all taxes associated with or arising from User's subscription to the payable Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
  • 8. The Provider reserves the right to change the Site functionalities at any time, in particular by introducing new services, functionalities and facilities for the Users.

Third party services

  • The Services may enable access to third-party services and websites. In addition, you acknowledge that Provider may use certain features and/or monetization tools that display certain information and content to you while using the Services including without limitation systems updates, service announcements, administrative messages regarding the service, advertisements, coupons, sponsored messages, photographs, graphics and information about the Services. You understand that by using the Services and/or any of the third party services, you may be exposed to content from a variety of sources, and that the Provider is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against Provider or Licensors with respect thereto. You will be able to opt out of receiving advertisements.

Conditions for Using the Site and Services and Rules of Liability

  • 1. Technical requirements concerning the use of the Site functionalities and Services subscription are as follows:
    • a) computer with Internet connection;
    • b) web browser enabling displaying of hypertext documents (HTML) and with activated Java Script execution and writing cookies files; and
  • 2. It is User's responsibility to ensure that the equipment owned by him/her as well as the software used meets the above requirements and allows him/her to use the Site and/or to subscribe to the Services.
  • 3. Before starting the use of the Site and Services, User is obliged to familiarize himself/herself with the provisions of these Terms of Use and with the Privacy Policy. Access and use of the Site and Services is equivalent to accepting these Terms of Use and the Privacy Policy.
  • 4. User undertakes to respect the Terms of Use while using the Site and Services, both in its current wording and with any later amendments. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time, and in particular by changing the fees payable, introducing new fees, introducing new Terms of Use, for one or more of the following reasons:
    • a) to comply with any change or anticipated change in any relevant law or code of practice;
    • b) to reflect any decision of a court, ombudsman or regulator;
    • c) to reflect a change in our systems or procedures, including for security reasons;
    • d) as a result of changed circumstances (including by adding benefits or new features to the Site);
    • e) to respond proportionately to changes in the cost of providing Services; or
    • f) to make them clearer.
  • 5. If any law regulates a change the Provider decides to make, the Provider can only make the change to the extent permitted by the law.
  • 6. If a change is required in the Provider’s view to restore or maintain the security of Services, the change may be made immediately and without prior notice to Users.
  • 7. User undertakes to abstain from any actions that could hinder or destabilize the operation of the Site or use of the Services. The Provider may, without any previous notice, undertake any action available, inclusive of a demand for compensation, as a response to any malicious activities or any other breach of the applicable law and these Terms of Use. Without limitation, the actions referred to in the previous sentence shall be as follows:
  • 8. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than thirty (30) calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site or Services after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
  • 9. User can hold only one account. An account cannot be transferred to third party or used by such a third party.
  • 10. User may not give his/her software serial key to any third party. If so, User accepts full responsibility for the consequences of this and agrees to fully indemnify and hold the Provider harmless from any damage or harm that may occur.
  • 11. The Provider is authorized to immediately, without prior notice, terminate an agreement, suspend or permanently remove the account and Service subscription of the User who breaches these Terms of Use without any refund of amounts previously paid for the Services. In such a case the Provider shall not bear any liability vis-à-vis Users. Provider has a right to determine, in its sole discretion, whether there has been a breach of these Terms of Use through User’s use of the Site or Services.
  • 12. If User uses a Contact Form and/or an Order Form, he/she is obliged to give real information, true to facts of the case.
  • 13. The Provider undertakes to ensure possibly the highest quality and stability of the Site and Services, however within the maximum extent allowed by applicable law, the Provider shall not be liable for any breaks or disturbance caused by force majeure or unauthorized activity of third parties.
  • 14. Within the maximum extent allowed by applicable law, the Provider shall not be liable for temporary inability to use the Site or Services, caused by the implementation of new solutions and facilities within the framework of the Site. As much as possible, the Provider will be notifying Users of any scheduled breaks in the Site operation and Services accessibility or any inconveniences that may occur in its use. The Provider reserves the right to conduct maintenance works on the IT system equipment used to provide access to the Site and Services, which may temporarily cause difficulties or make it impossible for Users to use selected Services or the entire Site. In such a case the Provider shall not bear any liability vis-à-vis Users.
  • 15. In special cases affecting the security or stability of the Site and Services, the Provider reserves the right to temporarily reduce or suspend the access to the Site without previously notifying Users and to conduct maintenance works aimed to reinstate the security and stability of the Site and Services. In such a case the Provider shall not bear any liability vis-à-vis Users.
  • 16. The Provider shall not bear any liability for the activities of Users or any third parties, nor their using the personal data of other Users contrary to the purpose of the Site and Services operation, specified in these Terms of Use.
  • 17. Within the maximum extent allowed by applicable law, the Provider shall not bear any liability in case of other Users or third party submitting any claims towards the Provider regarding a breach of the Terms of Use or the law in force, either by other Users or by third party. Only a User or third party being in breach of the Terms of Use or the law in force shall be liable in such a case.
  • 18. Within the maximum extent allowed by applicable law and irrespectively of all other provisions of these Terms of Use, in case any third parties submitting claims vis-à-vis Provider, its licensees, sublicensees and their legal successors that result from a User infringing law and in particular any author’s economic copyright or author’s moral copyright, derivative rights, trademark or trade name or other rights in intangible assets, User shall release the Provider, its licensees, sublicensees and their legal successors from any liabilities resulting from such claims and shall cover all costs incurred by the Provider, its licensees, sublicensees and their legal successors, incurred by these entities in connection with submission of claims, referred to hereinabove.
  • 19. User shall, at his/her own cost, join any court proceedings, instituted against the Provider, if the rules of a procedure applying in given proceedings permit it, opposing claims or concluding relevant agreements or assuming liability within the scope in which the claims regard a User infringing business secrets, copyright, trademarks or other intellectual property rights of a third party.

Moment of Concluding of the Agreement

  • 1. An agreement for Services subscription is concluded upon subscription to the Services (payable or free of charge) and simultaneous familiarization with these Terms of Use and Privacy Policy. User cannot use the Site or subscribe to the Services without prior acceptance of these Terms of Use and Privacy Policy.
  • 2. User may stop using the free of charge Service at any time.
  • 3. According to Article 10 sec. 3 par. 5 of the Polish Act of 2 March 2000 on the protection of certain consumer rights and on the liability for damage caused by a dangerous product (Journal of Laws of 2000 No 22, item 271 as amended) User, who concluded an agreement for providing access to the payable Services subscription, has no right to withdraw from this agreement but has the right to terminate the agreement for providing access to payable Service subscription at any time. To that aim, a User needs to submit a relevant declaration of intent through the Contact Form. After that the Service will take until the end of the currently ongoing settlement period and the Provider will not renew User’s contract automatically.
  • 4. Termination of the subscribed payable Service in the duration of the paid-for period of time means, that the User can apply for reimbursement of costs for unused activity period according to the below described refund policy. To that aim, a User needs to submit a relevant declaration of intent through the Contact Form. In the case of acknowledgement of the reimbursement request, the Service has been disabled as of the day when the the decision to refund on unused activity period has been made by the Provider.

Refund Policy

  • 1. Given settlement period for payable Services are subject to a seven (7) calendar days refund policy, without stating any reasons. However, in case of any technical difficulties with ordered Services, before claiming a refund, the Provider highly encourages Users to contact the Provider’s support staff through the following Contact Form.
  • 2. To make the refund request effective, it must be executed by sending a relevant declaration of intent through the following Contact Form. The refund request needs to contain software serial key and e-mail which will help Provider to identify User’s subscription, being a subject of a refund procedure. Refunds will be dealt with within seventy-two (72) hours following the time of receiving the proper declaration of intent. Provider will refund any money received from User using the same method originally used by User to pay for the payable Service subscription.

Complaints

  • 1. User has the right to lodge a complaint if the Provider does not fulfil its obligations specified herein or if the Provider fulfils them in a manner contrary to the provisions hereof.
  • 2. A complaint can be lodged through the following Contact Form or by way of a traditional letter send to the following address: Red Sky Sp. z o.o., Aleja Piastów 22, Szczecin 70-064, Poland. A complaint should include in particular the problem constituting the basis for a complaint and User identification (name, e-mail, and in case of a traditional letter also a correspondence address).
  • 3. Provider shall consider a complaint within fourteen (14) calendar days of its receipt in proper form. If a complaint cannot be considered in the specified deadline, the Provider shall in that time notify by e-mail User submitting a complaint of the reasons for such a delay and the expected date for complaint resolution.
  • 4. A complaint can be submitted within thirty (30) calendar days as of the moment when the reasons for the complaint have become apparent.
  • 5. A reply to a complaint shall be sent to an e-mail address or a correspondence address indicated by User submitting a complaint.
  • 6. Provider shall not consider complaints resulting from ignorance of the law in force, provisions of these Terms of Use, or the information announced on the Site.
  • 7. If the conditions of a complaint procedure are breached, a complaint may not be taken into consideration.
  • 8. Provider’s decisions with respect to the submitted complaints are void and final.

Intellectual Property

  • 1. The Site and Services and all rights related to the Site and Services are the exclusive property of the Provider or third parties. All creative elements placed on this Site are protected by intellectual property rights, and in particularly by copyright. All trademarks, logos, graphics, photographs, animations, videos, texts and other distinctive signs appearing on the Sites are the intellectual property of the Provider or third parties. Therefore, they may not be reproduced, used or represented without the prior written authorization of the Provider or third parties.
  • 2. User hereby undertakes to respect intellectual property rights (including author's economic rights and industrial property rights, as well as the rights resulting from registration of trademarks) to which the Provider or third parties are entitled.
  • 3. On the condition that the User complies with all his/her obligations under these Terms of Use, the Provider hereby grants to User a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) and to use the Site and Services as the Provider intends the Site and Services to be used, and only in accordance with these Terms of Use. Provider grants to the User no other rights, implied or otherwise. User will not nor will User allow any third party to: (i) copy, modify, adapt, translate or otherwise create derivative works of the Site or Services; (ii) reverse engineer, de-compile, disassemble or otherwise attempt to discover the source code of the Site or Services, except to the extent applicable laws specifically prohibit such restriction; (iii) rent, sublicense, lease, sell, assign or otherwise transfer rights (or purport to do any of the same) in or to the Site or Services; and (iv) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Site or Services. User will use the Site and Services solely for his/her own internal use. User will comply with all applicable laws and regulations relating to the use of and access to the Site and Services. User may not provide access to the Service to third parties. The licence granted above and User's right of use of the Site and Services will terminate immediately if User fails to comply with these Terms of Use.

Personal Data Protection and Privacy Policy

  • 1. User shall carefully read the full Privacy Policy before deciding to become a User.
  • 2. In case User is making use of the Site or Services in a manner violating these Terms of Use or the law in force, the Provider shall have the right to use the User’s personal data within the scope necessary to establish his/her liability. In such a case the Provider shall notify a User of his/her committing illegal activities with a demand of their immediate cessation.

Final Provisions

  • 1. The Terms of Use enter into force on February 20, 2014.
  • 2. The Terms of Use are available to Users here.
  • 3. The Provider reserves the right to modify, supplement, replace or change otherwise these Terms of Use at any time. In case of any modifications, supplements, replacements or other changes of these Terms of Use the User will be informed about them by means of the appropriate announcement posted on this Site's home page. Modifications, supplements, replacements or other changes take effect on the date specified by the Provider, which may not be earlier than seven (7) calendar days from the date of the said announcement. The User who does not agree to the modifications, supplements, replacements or other changes of these Terms of Use may terminate the agreement with the Provider and shall forthwith inform the Provider about that by sending the relevant declaration using the following Contact Form. Termination shall become effective upon receiving User’s statement but not earlier than on the date of entry into force of the amended Terms of Use. Continued use of this Site after modifications, supplements, replacements or other changes have been effectively made to these Terms of Use indicates User's acceptance of the amended Terms of Use.
  • 4. The Provider has the right to a unilateral amendment of the provisions hereof, without stating the reasons for it and at any time.
  • 5. The Terms of Use shall be governed by the laws of Poland, without regard to its conflicts of laws principles.
  • 6. If you have any queries regarding or comments on these Terms of Use, please email us using the following Contact Form.