Terms and Conditions
Online gaming service available at the address www.ciclods.it (hereinafter “Website”) and provided to Users, as defined below, by Emanuele Esaia, resident in via Nazionale, 41, 98049 Villafranca Tirrena (ME), (hereinafter “Emanuele Esaia”), is disciplined by these general Terms and Conditions (hereinafter “Terms and Conditions”).
The terms and phrases listed below shall have the meaning indicated below; the terms defined in singular form are also defined in plural and vice versa.
“Service Provider”: shall mean Emanuele Esaia;
“Game”: shall mean the interactive activity offered on the Website to registered Users, that is the chance of participating in the online competition called “CicloDS” according to the Rules (as defined below) available on the same Website;
““Rules”: shall mean the rules of the Game available at the addresswww.ciclods.it/rules;
“Service”: shall mean the Game organized and provided by Emanuele Esaia through the Website, which allows a User to register and create a personal account on the same Website in order to participate in the Game;
“Website”: shall mean the website accessible at the address www.ciclods.it;
“User”: shall mean the natural person who, after a correct registration process and the acceptance of these Terms and Conditions, uses the Service.
The Service allows Users to create a personal account to play the Game as disciplined by the Rules. These Terms and Conditions concern the access to the Game, which entails the right for the User to access the team creation area as stated by the Rules.
The User can access the Service by using a common web browser and an Internet connection without the need to install specific applications.
Access and participation are free of charge.
4. REGISTRATION AND CONCLUSION
Upon receipt of the aforementioned registration form, the User will receive an email for the activation of their account. The contract is concluded when the Service Provider accepts the registration form, sanctioned by sending a confirmation email. Incorrect or incomplete information could result in the failure or partial execution of the services offered by the Service Provider.
Following registration, the User will be able to access the Game, whose Rules can be consulted at the address www.ciclods.it/regolamento, through the access page available at the address www.ciclods.it/accounts/login.
5. DURATION OF THE SERVICE
The Service Provider will interrupt the service following an express request sent by the User to the email address firstname.lastname@example.org.
6. ACCESS AND USE OF THE SERVICE
The User will be responsible for any costs, including internet connection, which he will incur to access the Service, which is subject to the following limitations:
l’the User assumes full responsibility for any improper use of the Service by minors;
the Service Provider is not responsible for any accounts created using false identities or false information or on behalf of a person other than the User;
the User is required to use the service exclusively for non-commercial purposes.
The registration procedure requires the insertion of User’s personal data, which will be processed in accordance with current legislation on data protection.
Upon registration, the User must provide their name and surname, a valid email address and a password. The User acknowledges that email/username and password are the credentials that allow access to the Service and are the only suitable means to legitimize such access. The User therefore agrees and acknowledges that all the acts performed through the use of his credentials will be attributed to him and will have binding effect on him. In case of loss and/or theft of credentials, the User agrees to contact the Service Provider as soon as possible, who will not be held responsible for what happened during the period between the theft or loss and such communication.
The User may update the personal data provided during registration so that they are constantly updated, complete and truthful. The User acknowledges and agrees that, if incorrect, untrue and/or incomplete data is entered during registration, the Service Provider will be unable to execute the Service. In any case, the Service Provider reserves the right not to activate and/or deactivate the Service without notice until the User corrects the entered data.
The User assumes all responsibility towards the Service Provider or third parties for the acts performed through the credentials attributed to him. The User is required to keep emails and passwords in the utmost confidentiality and to keep them with the utmost diligence.
By signing these Terms and Conditions, the User agrees to be responsible for all content published or transmitted in any way through the Service. The Service Provider assumes no responsibility for the conduct of any User, nor is it obliged to monitor the contents uploaded by them. The information provided through the Game may be disclosed in the event that the Service Provider is required to disclose the information by order of the judicial authority, to satisfy any applicable law or regulation and in order to protect the Service Provider's rights.
The User acknowledges and accepts that the data provided and related to the use of the Service will be used and recorded by the Supplier within a special database protected by adequate security measures.
7. INTELLECTUAL PROPERTY
The Website, as well as its content, is protected by intellectual property rules. The content and, in general, all intellectual works published or otherwise present on the Website - including, for example, brands, logos, icons, images, photographs, lists, datasets, texts and documents in general, as well as its programming code and application software - are exclusively owned by the Service Provider or used with the authorization or license by the relevant rights holder, or in a descriptive sense and in compliance with applicable law. The User may dispose of it only if such activity is strictly necessary for the proper use of the Website and cannot, therefore, freely use them. The Service Provider reserves all the rights, including the right of reproduction.
The User must respect the following rules:
by accessing and creating a team, the User agrees to participate in the Game in compliance with these Terms and Conditions, the Rules and any other document related to the Game published on the Site;
any application to take part in the Game must be made, through the registration form, by a natural person;
in relation to the general ranking of the Game, each User can create and manage only one team;
further teams attributable to the same natural person will not be taken into consideration for the general classification of the Game and may also be eliminated for violation of these Terms and Conditions;
the Service Provider reserves the right to refuse, at its sole discretion, the validity of accounts characterized by inappropriate or offensive names: these names will be deleted and the User will be assigned a name arbitrarily chosen by the Service Provider;
within the limits of current data protection laws, by registering you are consenting to the use, by the Service Provider and/or any other authorized third party to publish, of the name of the winners on the Site and the official social channels of the Game and the Service Provider;
the information material relating to the Game and the Rules, including the points awarding system, are part of these Terms and Conditions;
the Service Provider may, in its sole discretion, suspend a User, cancel any registration or modify the Rules and/or Terms and Conditions at any time or cancel the Game at any time in the event of circumstances beyond the control of the Service Provider or that make such action necessary: users accept that the Service Provider is not responsible for the consequences thereof and that from the exercise of such discretionary power does not arise any consideration payable to any User or other person;
the Service Provider reserves the right to make any decision regarding any matter relating to the Game.
Unless otherwise stated, the content available on the Website must be used only for information purposes. The Service Provider does not guarantee that the content available on the Website is appropriate or available for use in jurisdictions other than the Italian one. Users who choose to access the Site from other States assume both the risk and responsibility to comply with local laws and regulations.
At the moment, the game does not provide prizes for the winning Users.
Any compensation for damages due or related to the non-provision or suspension of the Service is excluded, unless the negligence or bad faith of the Service Provider is proven in the performance of its obligations.
The Service Provider undertakes for the entire period of validity of the Service Conditions to put into effect what is available in order to guarantee the functionality of the Service, taking into account the reduced level of responsibility in performance due to the free nature of the relationship. In this regard, the User acknowledges and recognizes that during the term of these Conditions of Services there may be interruptions also for maintenance and/or technical interventions which, as far as possible and except for force majeure, will in any case be communicated to the User.
The User commits not to use the Service for expressions contrary to public order and morality, and also commits to immediately report to the Service Provider the presence of messages or communications in violation of such principles from other users. The User also commits not to injure, prejudice or otherwise violate trademarks, logos, intellectual and industrial property rights and any other tangible or intangible goods of the Service Provider.
In particular, the Service Provider disclaims any liability and does not guarantee that:
the Website and the services available will meet the User's needs;
the services and features available on the Website will be uninterrupted, timely, secure or error-free;
the results that can be obtained from using the Website will be accurate and reliable;
the defects will be corrected;
the Website or the servers that make it accessible will be free of viruses or other harmful elements.
The material downloaded or obtained through the use of the Service will be at the sole and exclusive discretion and only under the risk of the User, who will be solely responsible for any damage or loss of data eventually caused to his computer for downloading this material.
The User agrees to hold the Service Provider and the companies appointed for the execution of the Service unharmed from any complaints and requests for damages from third parties deriving from an improper use of the Service, or not compliant with these Terms and Conditions.
11.SUSPENSION OF THE SERVICE
The Service Provider may, at any time, interrupt the provision of the Service if there are justified reasons of security or violations of the law, also established by the competent authorities, as well as in case of conduct contrary to public morality and morality.
The Service Provider may replace itself with a different subject and/or assign and/or subcontract any obligation arising from the contract, in whole or partially, without any notice or obligation to communicate to the User.
Any communication concerning this contract must be made by the User in writing and will be deemed valid and effective upon receipt of the same at the physical address of the Service Provider or, in the appropriate forms, at the email address email@example.com.
Terms and Conditions are written in English and published on the Website. The User declares to have read, understood and accepted them and to be aware of all the rights and obligations deriving from them.
16. MODIFICATION OF TERMS AND CONDITIONS
Terms and Conditions are susceptible, at any time and for justified reasons, to changes by the Service Provider; however, the rules set out in the Terms and Conditions published on the Site at the time of the conclusion of the contract will apply.
17. APPLICABLE LAW AND DISPUTES
The contract is governed by Italian law, without prejudice to any different mandatory rule prevailing in the user's country of residence. The Court of Messina is competent to settle potential disputes.
For any type of complaint, please contact the Service Provider at the email address firstname.lastname@example.org.
Last updated: 20/07/2020