1. Accepting the Terms
1.2 Deveyes Group srl reserves the right, in its sole discretion, to modify or revise these Terms at any time, and you agree to be bound by such modifications or revisions. Any such change or modification will be effective immediately upon publishing, and your continued use of the App after any changes or modifications to these Terms are published will constitute your acceptance of, and agreement to, such changes or modifications. If you object to any change or modification, your sole recourse shall be to cease using the App.
2. Rights to Use the App
2.1 Subject to your compliance with these Terms, Deveyes Group srl grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and access the App, solely for your personal, non-commercial use.
2.2 It has been agreed that:
Access to the App is only permitted to the user who has reached the age legally required to play eventually with the help of a parent/tutor where necessary. Using and accepting the Terms and Conditions for the App. , the user declares and guarantees that he has the legally required age and that he has been helped by a parent or tutor where necessary.
In order to be able to access and use the App the user must be registered and supply accurate, full and correct information regarding his name (“user name”) , email and password. Furthermore he is required to keep this information up to date. If this is not updated, it will be considered a breach of the terms and conditions and may result in immediate closure of his account.
The user recognizes that he is the only one responsible at all times for checking and updating the information correctly
Using the App the user accepts that he will receive push notifications, messages, emails, text messages and/or other communication pertaining to the App.
Deveyes Group srl reserves the right to refuse registration or cancel a registration of a user at his discretion. The User is the only one responsible for checking the account and for concealing his password and credentials. The user must never use or access other accounts without their written consent. Deveyes Group must be informed immediately of any unauthorized use of the account and any violation of security discovered.
2.3 The use of the App is permitted with two types of use, basic (free of charge) or premium (against payment). In the latter case the User will have a licence (personal and not transferable, not with a sub licence, revocable, not exclusive, limited and unspecified time and with no guaranty) to the relative added functions, as predicted and exclusive to the judgement of deveyes group srl, via anticipated correct payment. This payment is not refundable. Any cost and/or applicable fee which has already been payed by the user will not be returned to the user by the company, even at the end of the present agreement.
2.4 You agree not to (and not to attempt to) (i) use the App for any use or purpose other than as expressly permitted by these Terms or (ii) copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App or any portion of the App, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Deveyes Group srl or its licensors, except for the permissions and rights expressly granted in these Terms.
2.5 If you violate these Terms, Deveyes Group srl reserves the right to issue you a warning regarding the violation or immediately terminate or suspend any or all accounts you have created using the App. You agree that Deveyes Group srl need not provide you notice before terminating or suspending your account(s), but it may do so.
2.6 Deveyes Group srl reserves the right to refuse any user access to the App without notice for any reason, including, but not limited to, a violation of the Terms.
3. Intellectual Property/Ownership
3.1 All rights, title and interest in and to all materials that are part of the App (including, but not limited to, designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement), except for “User Content” (as defined below), collectively referred to as the “App Materials”, are, as between Deveyes Group srl and you, owned by Deveyes Group srl and/or its third party licensors. You acknowledge and agree that you shall not acquire any ownership rights whatsoever by downloading App Materials.
3.2 You agree that you shall not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, or sell in any form or by any means, in whole or in part, or otherwise exploit the App Materials without Deveyes Group srl's express prior written permission. All other uses of copyrighted material, including any derivative use, require express prior written permission from Deveyes Group srl. Any reproduction or redistribution of App Materials not in accordance with these Terms is expressly prohibited and may result in severe civil and criminal penalties. You acknowledge that you do not acquire any ownership rights by using the App or by accessing any App Materials posted on the App by Deveyes Group srl, or any derivative works thereof. All rights not expressly granted by these Terms are reserved by Deveyes Group srl and its licensors, and no license is granted hereunder by estoppel, implication, inertion or otherwise.
4. User Content
4.1 Any data, including the geolocalizaion, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the App by you or other users (hereinafter "User Content") are subject, whether in whole or in part, to unlimited but anonymous commercial, non-commercial and/or promotional use by Deveyes Group srl. All User Content is the sole responsibility of the person from whom the User Content originated. Thus, users are responsible, and Deveyes Group srl is not responsible for any files users upload, post, or otherwise make available, even in relation to the rights of any third party nature.
4.2 Whatever the User has published can be seen and used by other users, so it is absolutely imperative and necessary that you do not upload what you consider personal and which you do not want others to use.
4.3 Deveyes Group srl may or may not regulate User Content and does not guarantee the accuracy, quality, or integrity of any User Content posted via the Deveyes Group srl application. By using the App you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that Deveyes Group srl will not under any circumstances be liable for any User Content, including, but not limited to, errors in any User Content, or any loss or damage incurred by use of the User Content.
4.4 User Content is not confidential and will not be returned to the user.
4.5 You represent and warrant that User Content you transmit or submit is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Deveyes Group srl incurring any third party obligations or liability arising out of its exercise of such rights and licenses.
4.6 Deveyes Group srl reserves the right to remove and permanently delete any User Content from the App with or without notice for any reason or no reason. You may notify Deveyes Group srl of any User Content that you believe violates these Terms, or other inappropriate user behavior, by emailing email@example.com.
5. Rules of Conduct/Usage
5.1 The App may provide communication channels designed to enable you to communicate with other App users and/or to search for images in your own database or by means of search engine to improve your user profile and options. Deveyes Group srl has no obligation to monitor these communication channels but it may do so and reserves the right to review materials posted to the Communication Channels and to remove any materials (including without limitation User Content), at any time, with or without notice for any reason, at its sole discretion. Deveyes Group srl may also terminate or suspend your access to any Communication Channels at any time, without notice, for any reason. You acknowledge that any User Content (including without limitation chats, postings, or materials posted by users) on the Communication Channels is neither endorsed nor controlled by Deveyes Group srl. Deveyes Group srl will not under any circumstances by liable for any activity within Communication Channels.
5. The App can supply links to web sites of third parties (eg. Youtube) for convenience and advantage to user during his user experience, without Deveyes Group srl being responsible for the evaluation of the content and accuracy and without having to guarantee and take on the responsibility for the content, material etc.
5.3 As a condition of your use of the App, and without limiting your other obligations under these Terms, you agree to comply with the restrictions and rules of use set forth in this Section as well as any additional restrictions or rules (such as application-specific rules) set forth in the App.
5.4 In furtherance of the foregoing, and as an example and not as a limitation, you agree not to use the App in order to:
post, upload, transmit or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise objectionable, also with reference to username which furthermore must not violate the name of others.
defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse anyone, hatefully, racially, ethnically or, in a reasonable person's view, otherwise offensive or objectionable
violate the contractual, personal, intellectual property or other rights of any party including using, uploading, transmitting, distributing, or otherwise making available any information made available through the App in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity)
attempt to obtain passwords or other private information from other members
improperly use support channels or complaint buttons to make false reports to Deveyes Group srl
use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third party software designed to modify or interfere with the App or any Deveyes Group srl game experience
use the App in order to design or assist in the design of cheats, automation software, bots, hacks, mods or any other unauthorized third party software designed to modify or interfere with the App or any Deveyes Group srl game experience
without Deveyes Group srl’s express written consent, modify or cause to be modified any files that are a part of the App
disrupt, overburden, or aid or assist in the disruption or overburdening of (1) any computer or server used to offer or support the App or any Deveyes Group srl game environment (each a "Server"); or (2) the enjoyment of the App or any Deveyes Group srl game by any other person
institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks upon the App, or other attempts to disrupt the App or any other person’s use or enjoyment of the App
attempt to gain unauthorized access to the App, Accounts registered to others or to the computers, Servers, or networks connected to the App by any means other than the user interface provided by Deveyes Group srl, including but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the App
use any unauthorized third party software that accesses, intercepts, "mines", or otherwise collects information from or through the App or that is in transit from or to the App, including, without limitation, any software that reads areas of RAM or streams of network traffic used by the App
intercept, examine or otherwise observe any proprietary communications protocol used by a client, a Server, or the App, whether through the use of a network analyzer, packet sniffer or other device
make any automated use of the system, or take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure
use, facilitate, create, or maintain any unauthorized connection to the App, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the App; or (2) any connection using programs, tools, or software not expressly approved by Deveyes Group srl
exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage
violate any applicable laws or regulations, or promote or encourage any illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, or cheats or hacks for the App
S. carry out any action which imposes or could impose at the discretion of Deveyes Group, an unreasonable or disproportionate effect on the infrastructure of the service or its suppliers.
T. send undersirable mail. Commercial emails, chain mail, pyramid diagrams or try to encourage others to get involved in this activity
U. use other users’ contact information with the aim of spreading undesirable commercial messages
5.5 These rules of use are not meant to be exhaustive, and Deveyes Group srl reserves the right to determine what conduct it considers to be a violation of the Terms or improper use of the App and to take action up to and including termination of your account and exclusion from further participation in the App.
6.1 You may terminate your account at any time and for any reason by sending an email to firstname.lastname@example.org. the current right of withdrawal is a positive condition for the consumer compared to the terms and conditions stipulated by the D.lgs no. 206/2005 which have been absorbed.
6.2 Deveyes Group srl may terminate your account and your access to the App (or, at Deveyes Group srl’s sole option, applicable portions of the App) at any time and for any reason. Deveyes Group srl is not required to provide you with any notice or warning prior to any such termination.
6.3 3 At the moment of termination of the account, the User will have the right to cancellation of personal data but not the refund of the price paid for the premium.
7.1 the user is required to guarantee compensation however to Deveyes Group srl, its associates, staff, administrators, suppliers, distributors and representatives for claims and expenses including legal expenses and costs which derive from or are related to the use or improper illegitimate use of the service.
8.Limit of responsibility
8.1 Deveyes Group srl its associates, staff, administrators, suppliers distributors and representatives will not be held responsible for.
Any loss of profit, loss of data indirectly, accidentaly or consequently
Eventual bugs, virus, Trojans, worms or other which can damage, interfere, intercept or dispossess any system, data or personal or business information.
9.1 Deveyes Group srl does not guarantee that the use of the App will be safe, uninterrupted, available at all times and errorless, that any content or software available with or by means of the App is free of virus or other harmful component, the the App satisfies all the demands and that the shortfalls in the service are corrected. Deveyes Group srl. Declines all responsibilities and there is no guarantee regarding connection and availability.
9.2 Deveyes group srl has no responsibility and makes no declaration or guarantee for messages sent via the App and for eventual loss of information saved in User s databank.
9.3 the user recognizes and accepts to download or obtain files or information through the use of the App at his discretion and at his own risk, recognizing and accepting that he is the only one responsible for any damage to his computer or for the loss of data due to the download of certain files and information.
9.4 Deveyes Group Srl will not be responsible for delays, malfunctioning and interruption of the App due to .
A Causes beyond one’s control , extreme weather conditions
B Misshandling or intervention by users or third parties
C improper use of the App by the user
D delays, omissions, total or partial interruption of the service due to telecommunication operators.
E unavailability of App in Apple Store, Android and Windows Phone following their decision.
10. Law applicable, jurisdiction and competence.
10.1 The law applicable is Italian
10.2 In order to solve any controversy it is the exclusive competence of the Italian Judge and within this jurisdiction the court of the place of residence or domicile of the consumer as defined by law 63 of D.Igs no 206/2005.,or b) in all other cases this would be dealt with by the Milan Forum.
11.1 Please refer to the enclosed regarding privacy
The parties declare that they have given specific reading and to have approved the clauses number:
1.2, 2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 3.2, 4.1, 4.2, 4.3, 4.4, 4.6, 5.1, 5.2, 5.3, 5.5, 6.2, 6.3, 7.1, 8.1, 9.1, 9.2, 9.3, 9.4, 9.5, 10.1, 10.2
processing of personal data pursuant to Legislative Decree
D. Decree no. 196 of 30 June 2003, known as "Code regarding the
protection of personal data" (following the privacy code),
provides a system of guarantee for the protection of the treatments
that are carried out on personal data. In particular, Article. 13 of
the cited Decree, states that at the time of collection of personal
data, a wealth of information about the purposes and methods of their
treatment is provided.Therefore, in relation to personal data
that is processed, we want to inform the following.
1. NATURE OF DATA
2. PURPOSE OF DATA PROCESSING
Deveyes Group srl treat the collected data for recording, the management as well as for the subsequent completion of the aims related teh administrative management including surveys and recordings, the execution of contractual relations and the fulfillment of obligations under laws, regulations or laws and regulations issued by authorities to do so by law and by Supervisory and Control. Deveyes Group srl, also, with the neccessary and explicit consent, could use the personal data personali supplied by the users for:
a) sending advertising/promotional material, or to send information, offers, promotional messagges regarding services and products of interest, both on behalf of Deveyes Group srl as well as on behalf of our partners; sending questionnaires regarding satisfaction regarding the app.
b) Usage of data from the app by members for the development of statistics as well as field studies by third parties. In this case the data will be sold to third parties in anonymous and aggregated form.
The provision of personal data for the purposes of which as in the previous article 2), letters a) and b), is optional: a refusal will make it impossible for Deveyes Group srl to act on its activites.
4. NAVIGATION DATA
The computer systems and software procedures for the functioning of this website and of the mobile application acquire, during their normal operations, certain personal data of which the transmission is implicit in the use of internet communication protocols. This category of data includes, for example, the IP addresses or the domain names of the computers used by the users to connect themselves to our website and other information related to navigation. This data gets used by Deveyes Group srl in an "anonymous" and "aggregated" form, exclusively for statistical purposes and operation of the web site (eg. access pages, exit pages, etc.).
5. MODE OF THE TREATMENT OF THE DATA
The processing of personal data, will be within the limits and conditions imposed by the Privacy Code. It's carried out with the help of electronic or automated means and in compliance with minimal safety measures dictated by the privacy code. It's performed by the processor and its leaders as well as the employees of Deveyes Group srl assigned to the task. For this purpose, the data could also be communicated to interior/exterior employees of the Company for functions that are strictly connected and instrumental to the operation.
6. DATA PROCESSING
The data controller is Deveyes Group S.r.l., with registered office in Via Pietrasanta n.12 - 20141 MILAN.
Interested parties have the right, in any moment, to obtain confirmation of the existence of, or otherwise of such data and to learn of the content and it's origin, verifying it's accuracy or requesting it's integration or update, or rectification pursuant to art. 7 of the privacy code (which is presented below in full text). The interested party has the right to request cancellation, transformation into anonymous form, and to oppose in any case, for legittimate reasons, to their treatment. Any requests will need to be sent to the following email address: email@example.com or sent by post to Deveyes Group S.r.l. Via Pietrasanta 12 - 20141 MILAN.
ARTICLE 7. PRIVACY CODE
1) The interested party has the right to obtain confirmation of the existence or not for personal data concerning him, even if not yet recorded, and their communication is in an intelligible form.
2) You have the right to obtain information:
a. origin of personal data;
b. the purposes and methods of treatment;
c. the logic applied in case of treatment with the use of electronics;
d. the identity of the holder, manager and the representative appointed under article 5, paragraph 2;
e. the subjects or categories of subjects to whom the personal data can be communicated or which can be learned about them as representative designated in the territory of the State, of managers or agents.
3) The interested party has the right to obtain:
a. the update, the rectification or, when interested, the integration of data;
b. The cancellation, transformation into anonymous form or blocking of data processed in violation of the law, including those of which the conversion in relation to the objectives for which the data has been collected or used which is not neccessary;
c. certification that the operations in letters a) and b) have been brought to the attention, also as regards their content, of those to whom the data was communicated or diffused, except in cases where such fulfillment proves to be impossible or involves the use of means manifestly disproportionate to the protected right.
4) The interested party has the right to object, entirely or in part:
a. for legitimate reasons regarding the processing of personal data which regards them, pertinent to the purpose of collection;
b. to the processing of personal data for purposes of sending advertising material or of direct sales or for the purpose of market research or for commercial communications.
Via Pietrasanta 12 - 20141 MILAN