TERMS AND CONDITIONS
General terms and conditions of the service
1. Subject
1.1. Welcome to ENIGMAP – Italian Non-Profit Association, with registered office in Corso Giolitti 2, Cuneo (CN) – Tax Code 96100930047 – VAT number 04063900049, certified email: beniamino.ramonda@pec.it, hereinafter referred to as “Enigmap”. Other contact information is available by writing to info@enigmap.net.
These Terms of use apply to the use of Enigmap games online and for mobile devices, as well as to other related content, websites and services, including servers, software and infrastructure (hereinafter referred to as the “Service”). The use of the Service is also governed by the Privacy Policy or the Privacy Policy of Enigmap, and accessible here.
1.2. Before using the Service, you must carefully read these Terms of use. By installing, using or otherwise accessing the Service, the User accepts the applicability and content of these Terms of use and the applicable privacy policy. Some elements of the Service may require acceptance of additional terms and conditions from us or from our suppliers, licensors or other third parties, which will complement these Terms of use. By using the aforementioned services, the User consents to comply with such additional terms and conditions. If you do not agree to the Terms of use, the applicable Privacy Policy or additional terms and conditions, you cannot use the Service.
1.3. For the purposes of these Terms of use, “User” means any natural person using the Service.
2. Use of the Service. Registration and account.
2.1. Subject to the User's prior consent and continuous compliance with these Terms of use and any other applicable policy or terms and conditions, Enigmap grants the User the possibility to enjoy a wide range of games on its portals, for non-commercial purposes, for personal entertainment. The User agrees not to use the Service for any other purpose.
The games are free, unless otherwise stated. The User is nevertheless considered solely responsible for the payment of any costs incurred while using the Service through any wireless or other communication service.
The User can purchase games and, in this case, is required to create an account. In the event of purchasing games, Enigmap grants the User a non-exclusive, non-transferable, non-assignable to third parties, revocable, limited license subject to the limitations specified later regarding access and use of the Service for non-commercial purposes of personal entertainment.
For the processing of any payments, Enigmap may use the services of third-party providers, as specified in art. 5.
2.2. By creating an account, the User confirms that they are 14 years of age or older.
2.3. A username is a unique identifier, selected by the User or provided by Enigmap, used to identify the User within the Service. The User is entitled to one account only on the Enigmap site
It is prohibited to sell, rent or transfer your Account, create an Account using false information or identity, or create an Account in the name of third parties. If you notice that unauthorized access has been made to your Account, you are kindly requested to contact us immediately and change your access credentials. The User is nevertheless solely responsible for the confidentiality of their access credentials and for any purchase made through their Account, authorized or not. If you have provided your contacts, the User agrees to provide such data accurately and to keep it updated. The User must use their Account exclusively for non-commercial purposes.
2.4. Enigmap reserves the right to suspend and permanently deactivate any Account that has been inactive for 240 days. In the event of deactivation, we have no obligation to retain or provide data or content related to the Account, nor to refund payments made through it; we may also allow other users to register using the deactivated username. We are also not obliged to remove data, content or other public domain information, uploaded or published within the Service by the User.
2.5. Without prejudice to other remedies, Enigmap may limit, suspend, interrupt, modify or delete accounts or access to the Service, or part of it, if the User violates, or if Enigmap suspects that the User violates the Terms of use, or in case of improper or illegal use of the Service, real or presumed, without the obligation of prior notice. Enigmap is in no way obliged to compensate the User for any losses or results arising from this, including, but not limited to, any benefit, privilege or virtual object associated with the use of the Service by the User.
3. Advertising and third-party content
3.1. In providing games to our users as part of the free Service, we may display advertisements and banners before, during or after the use of the games. Any agreement reached between the User and any of the advertisers through our Service will be between the User and the advertiser, and will be subject to any additional terms and conditions applied by the advertiser. Enigmap is not responsible for any losses or claims that the User may make against advertisers.
3.2. The free Service may include external links to third-party websites, including links provided as results of automated searches. The presence of such external links does not imply that Enigmap approves of the websites or corresponding third-party services. The User acknowledges and agrees that we are not and cannot be held responsible for content or other materials present on such third-party sites.
4. User conduct within the Service
4.1. The User may use the Service offered exclusively for legal, personal and non-commercial purposes. Any content may only be used for personal purposes and may not be reproduced or further distributed.
4.2. The User may not:
4.3. The User may not send or transmit, through the Service, information, content or materials or otherwise undertake actions that may:
Enigmap reserves the right to determine which behaviors are to be considered in violation of these Terms of use or otherwise in contrast with the spirit or purpose of these Terms of use. Enigmap also reserves the right to apply countermeasures, such as suspending the User's Account or prohibiting them from using the Service, in whole or in part.
5. Paid service
5.1. Some games offered as part of the Service allow the User to purchase a personal, non-transferable, non-assignable to third parties and revocable license for the use of a game (hereinafter referred to as “Paid Service”), provided that the User has a registered Account in the Service. Enigmap can manage, regulate, control, modify, delete or change the price of the Paid Service at any time, with or without notice. Enigmap will not be responsible to the User or any third parties if it exercises such rights.
The rates, duration and conditions applicable to the sale of such Services are described in the respective sections of the site, at the address https://www.enigmap.net.
Any purchase made through the Service will require the User to accept an agreement with Enigmap or with the Payment Service Provider (“PSP”) responsible for managing the transaction (in this case, the payment screen will show with which PSP the payment is being made). As a parent or legal guardian, you are responsible for any payment made by a minor using a credit card or other payment instrument (e.g. phone, SMS, PayPal) within the Service.
5.2. If the agreement is concluded with a PSP, Enigmap cannot be held responsible for the communication between the User and the PSP, and all information exchanged by the User with the PSP will be subject solely to the privacy policy and/or other terms and conditions applied by the PSP. Some PSPs allow pre-authorized recurring payments: in this case, the User accepts any terms and conditions that the PSP may apply to such recurring payments. To avoid doubts, Enigmap is not and will not become part of the agreement between the User and the PSP. By using a PSP for payments within the Service, the User indemnifies Enigmap from payment requests or other nature that the PSP may advance following the non-execution of a payment. In the case of payment by credit card, the User can enable the 1-click payment option, if offered by the credit card provider. By enabling and using this option, the User accepts all the terms and conditions set by the payment service provider and the credit card provider for the use of the option. Enigmap is not responsible for the use of this payment option.
5.3. All information provided by the User in the context of payments or the provision of services through the Service are subject to Enigmap's Privacy Policy. The User agrees to pay all applicable taxes and costs associated with their Account or the use by others of a registered Account in their name.
5.4. By purchasing Paid Services through the Service, the User waives the right to cancel purchases and request a refund of payments made, as the use by the User begins from the moment of provision, and not from the moment of first use of the virtual objects within a game.
5.5. Enigmap and/or its licensors may manage, regulate, control, modify or delete Paid Services at any time, with or without notice. If this eventuality occurs, Enigmap and/or its licensors would not be considered responsible towards the User or other third parties.
5.6. Once the payment for a Paid Service has been made, no right to a refund is guaranteed. Enigmap reserves the right to cancel and delete Paid Services purchased, in whole or in part, if:
In this sense, no rights to a refund or other form of compensation are provided for the non-use of Paid Services.
If a Paid Service is no longer available after a transaction but before its use, the only remedy is that the User is refunded the price paid for the unavailable virtual product. If technical problems prevent or unreasonably delay the provision of the virtual product, the only and exclusive remedial measure provided is the replacement or refund of the price paid, as specified by Enigmap.
6. Property rights
6.1. The Service includes numerous contents, trademarks, data, works and materials of Enigmap and third parties (hereinafter collectively referred to as the “Contents”), including, but not limited to, logos, trademarks, trade dress, trade names, software, games, layouts, information, text, data, music, video, images, scripts, projects, graphics, button icons, instructions and illustrations.
Unless otherwise specified in writing, all Contents are to be considered the property of, controlled or licensed by Enigmap or its licensors. All Contents are protected by copyright under copyright laws and/or other laws regarding intellectual property, in order to prevent unauthorized use. The User agrees not to copy, redistribute, publish or otherwise exploit the Contents in violation of the intellectual property rights of Enigmap or third parties.
Notwithstanding any contrary provision contained herein, the User acknowledges and agrees that they have no ownership rights in the Account. All rights contained in and relating to the Account are and must remain the property of and in favor of Enigmap.
6.2 The User agrees to comply with all regulations and legal provisions governing the use of the Contents. The User may not authorize or assist third parties in performing the operations prohibited in this paragraph. Enigmap reserves the right to automatically check and update the version of the Contents used by the User, in order to improve their performance and capacity. If the User interrupts the Contents during an automatic update or otherwise interferes with the installation of the update, the content may be damaged and/or cease to function.
6.3 Since the Service is constantly evolving, Enigmap may require the User to accept updates to the Contents and the Service. Such updates may take place with or without notice.
7. Disclaimer of warranties and limitation of liability
7.1 The Service is provided on an "as is" basis, without further warranties and as available. Enigmap and its licensors do not provide any explicit warranties of any kind regarding the Service, the qualities and characteristics of the chosen game, as well as in relation to the ways in which the User decides to participate in the game.
Enigmap is not obliged to provide any assistance. To the extent permitted by law, Enigmap and its suppliers exclude any explicit warranty that the Service is merchantable, of satisfactory quality, accurate, timely, suitable for particular purposes or needs and compliant with this. Enigmap does not guarantee that the Service meets the User's requirements, nor that it is error-free, reliable, uninterrupted, also due to platform issues, available at all times. In particular, Enigmap does not guarantee that the Service meets the User's wishes in the event of a game in which the User is expected to interact with the surrounding space.
Enigmap also does not guarantee that the results obtained from the use of the Service (including any assistance services) are effective, reliable, accurate or meet the User's requirements. It also does not guarantee that the User can access or use the Service (directly or through third-party networks) at their preferred times and places. No information and no suggestion provided, orally or in writing, by Enigmap representatives shall constitute a warranty. We may interrupt or change any service or functionality of the Service at any time and without notice. The User may benefit from additional consumer rights under local regulations, which this contract cannot modify and which Enigmap undertakes to respect.
7.2. The only and exclusive remedy provided for any dispute against us is to stop using the Service. In no event shall our liability for any claim relating to the use of the Service exceed the total amount of payments made by the User for the use of the Service.
7.3. Enigmap, its affiliates, its suppliers and its licensors shall not be liable to the User for any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of revenue, loss of profits, loss of data or interruption of business or other intangible losses (or however such losses are defined), arising from or in any way related to the access and use of the service by the user, as well as to the rights of the user provided by these terms of use or any other applicable terms, whether based on contract or tort, regardless of whether enigmap has been informed of the possibility of such damages. Since some States, regions or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such States, regions or jurisdictions our liability shall be limited to the extent permitted by law.
7.4. Enigmap does not guarantee, in any way, that the Services are appropriate or available for use in locations outside of Italy. By choosing to access the Service from a location outside the borders of Italy, the User does so at their own initiative and is responsible for complying with local laws.
These limitations of liability and remedies remain in force as elsewhere in these terms and conditions.
7.5. If the User believes that their copyright or other intellectual property rights (“IP rights”) have been violated by/in the Service, they are kindly requested to inform us immediately, by sending us:
7.6. Without prejudice to and firm remaining the User's full responsibility and the indemnity obligations provided for in this Agreement, Enigmap is not liable for any loss of profit, nor for any special, incidental, indirect, consequential or punitive damages, in any form, arising from or related to this agreement. At our request, the User agrees to defend, indemnify and hold Enigmap harmless against all liabilities, claims and expenses, including legal fees, that may arise from the use or misuse of the Service by the User. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the User, who, in such case, agrees to cooperate with us in any available defenses.
8. General provisions regarding the Service
8.1. This contract, as well as any additional terms, policies, regulations and guidelines published in the Service, constitute the entire agreement between the User and Enigmap and replace all previous agreements, oral or written. If any part of these Terms of use is deemed invalid or unenforceable, such part shall be interpreted in accordance with the applicable regulations, so as to reflect as closely as possible the original intentions of the contracting parties, while the remaining parts shall remain fully valid and effective.
8.2. The User agrees that we may send, in electronic format, notices, agreements and other necessary information regarding the Service. If the User no longer wishes to receive such communications in electronic format, they are kindly requested to stop using the Service and/or delete the Service from their computer or device.
8.3. We may modify these Terms of use, in which case we will inform the User through the Service. The most recent version of these terms will always be available through the Service. It is the User's responsibility to periodically check for any changes made to these Terms of use. By continuing to use the Service after the changes to the Terms of use come into effect, the User accepts the new terms.
8.4. For the purposes of these terms, Enigmap cannot be held liable in the event of cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including, but not limited to, earthquakes, floods or other natural disasters, natural events, labor disputes, civil unrest, war (officially declared or not), or inability to obtain sufficient supplies, transport or other goods or services essential to the conduct of its business, or any change or adoption of any law or regulation (all circumstances considered as "force majeure causes").
8.5. The User acknowledges that the rights granted and the obligations described in these Terms of use towards Enigmap are unique and irreplaceable in nature, whose loss would irreparably harm Enigmap and could not be repaired solely by means of economic compensation, to the point that, in the event of violation or attempted violation by the User, Enigmap would be authorized to request an injunction or equitable relief of another kind (without the obligation to deposit any security or guarantee or proof of the damage suffered).
The User irrevocably waives the right to request injunctive or equitable relief of any kind, or to force or block the operation of the Service or Enigmap games, exploitation of advertising materials or of another nature published in correlation with them, or exploitation of the Service or any content or other material used or displayed through the Service, and agrees to limit their claims to remedies of an economic nature.
8.6. If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which remain valid and effective. In this case, the parties will nevertheless strive to amicably identify a valid and effective provision to replace the null, invalid or ineffective one.
In the event of failure to reach an agreement in the above terms, if permitted or provided for by the applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
8.7. These Terms of use are governed by the law of the place where Enigmap has its registered office, as indicated in the relevant section of this document, regardless of conflict of laws provisions.
8.8. Notwithstanding the above, if the User acts as a European Consumer and has their habitual residence in a country whose law provides a higher level of consumer protection, such higher level of protection prevails.
9. Competent court
9.1. The exclusive jurisdiction to hear any dispute arising from or in connection with these Terms of use lies with the Judge of the place where Enigmap has its registered office, as indicated in the relevant section of this document.
10. Dispute resolution
10.1. Users can report any disputes to the Data Controller, who will try to resolve them amicably. Without prejudice to the right of Users to initiate legal action, in the event of disputes concerning the use of the Service, Users are kindly requested to contact Enigmap at the contacts indicated in this document.
10.2 The User can address a complaint to the email address of Enigmap, as indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.10.3. The European Commission has introduced an online platform for alternative dispute resolution that facilitates the extrajudicial settlement of disputes related to and arising from online sales and service contracts. Therefore, any European Consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.https://www.enigmap.net
1.1. Welcome to ENIGMAP – Italian Non-Profit Association, with registered office in Corso Giolitti 2, Cuneo (CN) – Tax Code 96100930047 – VAT number 04063900049, certified email: beniamino.ramonda@pec.it, hereinafter referred to as “Enigmap”. Other contact information is available by writing to info@enigmap.net.
These Terms of use apply to the use of Enigmap games online and for mobile devices, as well as to other related content, websites and services, including servers, software and infrastructure (hereinafter referred to as the “Service”). The use of the Service is also governed by the Privacy Policy or the Privacy Policy of Enigmap, and accessible here.
1.2. Before using the Service, you must carefully read these Terms of use. By installing, using or otherwise accessing the Service, the User accepts the applicability and content of these Terms of use and the applicable privacy policy. Some elements of the Service may require acceptance of additional terms and conditions from us or from our suppliers, licensors or other third parties, which will complement these Terms of use. By using the aforementioned services, the User consents to comply with such additional terms and conditions. If you do not agree to the Terms of use, the applicable Privacy Policy or additional terms and conditions, you cannot use the Service.
1.3. For the purposes of these Terms of use, “User” means any natural person using the Service.
2. Use of the Service. Registration and account.
2.1. Subject to the User's prior consent and continuous compliance with these Terms of use and any other applicable policy or terms and conditions, Enigmap grants the User the possibility to enjoy a wide range of games on its portals, for non-commercial purposes, for personal entertainment. The User agrees not to use the Service for any other purpose.
The games are free, unless otherwise stated. The User is nevertheless considered solely responsible for the payment of any costs incurred while using the Service through any wireless or other communication service.
The User can purchase games and, in this case, is required to create an account. In the event of purchasing games, Enigmap grants the User a non-exclusive, non-transferable, non-assignable to third parties, revocable, limited license subject to the limitations specified later regarding access and use of the Service for non-commercial purposes of personal entertainment.
For the processing of any payments, Enigmap may use the services of third-party providers, as specified in art. 5.
2.2. By creating an account, the User confirms that they are 14 years of age or older.
2.3. A username is a unique identifier, selected by the User or provided by Enigmap, used to identify the User within the Service. The User is entitled to one account only on the Enigmap site
It is prohibited to sell, rent or transfer your Account, create an Account using false information or identity, or create an Account in the name of third parties. If you notice that unauthorized access has been made to your Account, you are kindly requested to contact us immediately and change your access credentials. The User is nevertheless solely responsible for the confidentiality of their access credentials and for any purchase made through their Account, authorized or not. If you have provided your contacts, the User agrees to provide such data accurately and to keep it updated. The User must use their Account exclusively for non-commercial purposes.
2.4. Enigmap reserves the right to suspend and permanently deactivate any Account that has been inactive for 240 days. In the event of deactivation, we have no obligation to retain or provide data or content related to the Account, nor to refund payments made through it; we may also allow other users to register using the deactivated username. We are also not obliged to remove data, content or other public domain information, uploaded or published within the Service by the User.
2.5. Without prejudice to other remedies, Enigmap may limit, suspend, interrupt, modify or delete accounts or access to the Service, or part of it, if the User violates, or if Enigmap suspects that the User violates the Terms of use, or in case of improper or illegal use of the Service, real or presumed, without the obligation of prior notice. Enigmap is in no way obliged to compensate the User for any losses or results arising from this, including, but not limited to, any benefit, privilege or virtual object associated with the use of the Service by the User.
3. Advertising and third-party content
3.1. In providing games to our users as part of the free Service, we may display advertisements and banners before, during or after the use of the games. Any agreement reached between the User and any of the advertisers through our Service will be between the User and the advertiser, and will be subject to any additional terms and conditions applied by the advertiser. Enigmap is not responsible for any losses or claims that the User may make against advertisers.
3.2. The free Service may include external links to third-party websites, including links provided as results of automated searches. The presence of such external links does not imply that Enigmap approves of the websites or corresponding third-party services. The User acknowledges and agrees that we are not and cannot be held responsible for content or other materials present on such third-party sites.
4. User conduct within the Service
4.1. The User may use the Service offered exclusively for legal, personal and non-commercial purposes. Any content may only be used for personal purposes and may not be reproduced or further distributed.
4.2. The User may not:
- commit actions that Enigmap deems in conflict with the spirit or purpose of the Service;
- use cheats, exploits, automation software, bots, hacking tools, mods or any unauthorized third-party software designed to modify or interfere with the Service;
- use the Service in ways that exceed the usage rights granted to the User;
- use the Service for data mining tools, robots or similar data collection and extraction tools from the contents; frame any part of the Service;
- reproduce, copy, retouch, display, modify, translate, convert, publish, grant licenses or sublicenses, transfer, distribute or otherwise exploit the contents available within the Service, without prior written authorization from Enigmap;
- subject to reverse engineering, decompile, disassemble, decipher or otherwise attempt to trace back the source code of any software or other intellectual property used to provide the Service, nor to obtain information from the Service using methods not expressly authorized by Enigmap;
- offer any form of advertising or promotion on the Service without prior written authorization from us;
- provide false personal information, or information, content or materials on behalf of third parties without authorization;
- transmit, directly or indirectly, unwanted group communications (including emails and instant messages) through the Service;
- use the Service in ways that damage, disable or overload our servers or networks;
- interfere with the use and enjoyment of the Service by any other party;
- circumvent any mechanisms included in the Service in order to avoid unauthorized reproduction or distribution of the contents present in the Service.
4.3. The User may not send or transmit, through the Service, information, content or materials or otherwise undertake actions that may:
- violate or infringe the rights of others, including, without limitation, patent rights, trademark rights, trade secret rights, copyright, advertising or other property rights;
- be contrary to the law, threatening, abusive, harassing, defamatory, slanderous, misleading, fraudulent, harmful to the privacy of others, tortious, containing explicit or graphic descriptions or narratives of sexual acts, or pornographic;
- attack, harass, degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
- impersonate subjects, businesses or entities, including Enigmap and its employees and agents;
- contain viruses or other codes, files or computer programs that interrupt, destroy or limit the functionality of software, hardware or telecommunications equipment, or that otherwise allow the unauthorized use of a computer or computer network;
- encourage behaviors that may constitute a criminal offense or give rise to civil liability;
- otherwise violate these Terms of use, guidelines or other policies published in the Service.
Enigmap reserves the right to determine which behaviors are to be considered in violation of these Terms of use or otherwise in contrast with the spirit or purpose of these Terms of use. Enigmap also reserves the right to apply countermeasures, such as suspending the User's Account or prohibiting them from using the Service, in whole or in part.
5. Paid service
5.1. Some games offered as part of the Service allow the User to purchase a personal, non-transferable, non-assignable to third parties and revocable license for the use of a game (hereinafter referred to as “Paid Service”), provided that the User has a registered Account in the Service. Enigmap can manage, regulate, control, modify, delete or change the price of the Paid Service at any time, with or without notice. Enigmap will not be responsible to the User or any third parties if it exercises such rights.
The rates, duration and conditions applicable to the sale of such Services are described in the respective sections of the site, at the address https://www.enigmap.net.
Any purchase made through the Service will require the User to accept an agreement with Enigmap or with the Payment Service Provider (“PSP”) responsible for managing the transaction (in this case, the payment screen will show with which PSP the payment is being made). As a parent or legal guardian, you are responsible for any payment made by a minor using a credit card or other payment instrument (e.g. phone, SMS, PayPal) within the Service.
5.2. If the agreement is concluded with a PSP, Enigmap cannot be held responsible for the communication between the User and the PSP, and all information exchanged by the User with the PSP will be subject solely to the privacy policy and/or other terms and conditions applied by the PSP. Some PSPs allow pre-authorized recurring payments: in this case, the User accepts any terms and conditions that the PSP may apply to such recurring payments. To avoid doubts, Enigmap is not and will not become part of the agreement between the User and the PSP. By using a PSP for payments within the Service, the User indemnifies Enigmap from payment requests or other nature that the PSP may advance following the non-execution of a payment. In the case of payment by credit card, the User can enable the 1-click payment option, if offered by the credit card provider. By enabling and using this option, the User accepts all the terms and conditions set by the payment service provider and the credit card provider for the use of the option. Enigmap is not responsible for the use of this payment option.
5.3. All information provided by the User in the context of payments or the provision of services through the Service are subject to Enigmap's Privacy Policy. The User agrees to pay all applicable taxes and costs associated with their Account or the use by others of a registered Account in their name.
5.4. By purchasing Paid Services through the Service, the User waives the right to cancel purchases and request a refund of payments made, as the use by the User begins from the moment of provision, and not from the moment of first use of the virtual objects within a game.
5.5. Enigmap and/or its licensors may manage, regulate, control, modify or delete Paid Services at any time, with or without notice. If this eventuality occurs, Enigmap and/or its licensors would not be considered responsible towards the User or other third parties.
5.6. Once the payment for a Paid Service has been made, no right to a refund is guaranteed. Enigmap reserves the right to cancel and delete Paid Services purchased, in whole or in part, if:
- the User has not used their Account for 240 consecutive days, as previously specified in point 2.4;
- we no longer offer the content or Service to which the Paid Services refer (or their balance), with prior notice from Enigmap to that extent;
- the User does not comply with these Terms of use.
In this sense, no rights to a refund or other form of compensation are provided for the non-use of Paid Services.
If a Paid Service is no longer available after a transaction but before its use, the only remedy is that the User is refunded the price paid for the unavailable virtual product. If technical problems prevent or unreasonably delay the provision of the virtual product, the only and exclusive remedial measure provided is the replacement or refund of the price paid, as specified by Enigmap.
6. Property rights
6.1. The Service includes numerous contents, trademarks, data, works and materials of Enigmap and third parties (hereinafter collectively referred to as the “Contents”), including, but not limited to, logos, trademarks, trade dress, trade names, software, games, layouts, information, text, data, music, video, images, scripts, projects, graphics, button icons, instructions and illustrations.
Unless otherwise specified in writing, all Contents are to be considered the property of, controlled or licensed by Enigmap or its licensors. All Contents are protected by copyright under copyright laws and/or other laws regarding intellectual property, in order to prevent unauthorized use. The User agrees not to copy, redistribute, publish or otherwise exploit the Contents in violation of the intellectual property rights of Enigmap or third parties.
Notwithstanding any contrary provision contained herein, the User acknowledges and agrees that they have no ownership rights in the Account. All rights contained in and relating to the Account are and must remain the property of and in favor of Enigmap.
6.2 The User agrees to comply with all regulations and legal provisions governing the use of the Contents. The User may not authorize or assist third parties in performing the operations prohibited in this paragraph. Enigmap reserves the right to automatically check and update the version of the Contents used by the User, in order to improve their performance and capacity. If the User interrupts the Contents during an automatic update or otherwise interferes with the installation of the update, the content may be damaged and/or cease to function.
6.3 Since the Service is constantly evolving, Enigmap may require the User to accept updates to the Contents and the Service. Such updates may take place with or without notice.
7. Disclaimer of warranties and limitation of liability
7.1 The Service is provided on an "as is" basis, without further warranties and as available. Enigmap and its licensors do not provide any explicit warranties of any kind regarding the Service, the qualities and characteristics of the chosen game, as well as in relation to the ways in which the User decides to participate in the game.
Enigmap is not obliged to provide any assistance. To the extent permitted by law, Enigmap and its suppliers exclude any explicit warranty that the Service is merchantable, of satisfactory quality, accurate, timely, suitable for particular purposes or needs and compliant with this. Enigmap does not guarantee that the Service meets the User's requirements, nor that it is error-free, reliable, uninterrupted, also due to platform issues, available at all times. In particular, Enigmap does not guarantee that the Service meets the User's wishes in the event of a game in which the User is expected to interact with the surrounding space.
Enigmap also does not guarantee that the results obtained from the use of the Service (including any assistance services) are effective, reliable, accurate or meet the User's requirements. It also does not guarantee that the User can access or use the Service (directly or through third-party networks) at their preferred times and places. No information and no suggestion provided, orally or in writing, by Enigmap representatives shall constitute a warranty. We may interrupt or change any service or functionality of the Service at any time and without notice. The User may benefit from additional consumer rights under local regulations, which this contract cannot modify and which Enigmap undertakes to respect.
7.2. The only and exclusive remedy provided for any dispute against us is to stop using the Service. In no event shall our liability for any claim relating to the use of the Service exceed the total amount of payments made by the User for the use of the Service.
7.3. Enigmap, its affiliates, its suppliers and its licensors shall not be liable to the User for any direct, indirect, incidental, consequential, special, punitive or similar damages, including, but not limited to, loss of revenue, loss of profits, loss of data or interruption of business or other intangible losses (or however such losses are defined), arising from or in any way related to the access and use of the service by the user, as well as to the rights of the user provided by these terms of use or any other applicable terms, whether based on contract or tort, regardless of whether enigmap has been informed of the possibility of such damages. Since some States, regions or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such States, regions or jurisdictions our liability shall be limited to the extent permitted by law.
7.4. Enigmap does not guarantee, in any way, that the Services are appropriate or available for use in locations outside of Italy. By choosing to access the Service from a location outside the borders of Italy, the User does so at their own initiative and is responsible for complying with local laws.
These limitations of liability and remedies remain in force as elsewhere in these terms and conditions.
7.5. If the User believes that their copyright or other intellectual property rights (“IP rights”) have been violated by/in the Service, they are kindly requested to inform us immediately, by sending us:
- physical or electronic signature of the IP rights holder or the person authorized to act on behalf of the holder.
- description of the IP rights that the User believes have been violated and description of the violation.
- identification of the place where the copyrighted work is kept, in original or authorized copy, e.g. URL of the website where the work appears or title of the book in which it was published or, in the case of registered trademark names, an extract of the documentation proving the registration.
- if the User is not the holder of the IP rights, a copy of the license with which the User is granted the right to use and protect such IP rights.
- identification of the URL or other specific location within this site where the material subject to the violation appears; this information must be specific enough to allow us to locate the material in question.
- complete name and contact information.
- statement of good faith that the use object of the alleged violation has not been authorized by the copyright owner, nor by their agent, nor by judicial authorities.
7.6. Without prejudice to and firm remaining the User's full responsibility and the indemnity obligations provided for in this Agreement, Enigmap is not liable for any loss of profit, nor for any special, incidental, indirect, consequential or punitive damages, in any form, arising from or related to this agreement. At our request, the User agrees to defend, indemnify and hold Enigmap harmless against all liabilities, claims and expenses, including legal fees, that may arise from the use or misuse of the Service by the User. We reserve the right, at our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by the User, who, in such case, agrees to cooperate with us in any available defenses.
8. General provisions regarding the Service
8.1. This contract, as well as any additional terms, policies, regulations and guidelines published in the Service, constitute the entire agreement between the User and Enigmap and replace all previous agreements, oral or written. If any part of these Terms of use is deemed invalid or unenforceable, such part shall be interpreted in accordance with the applicable regulations, so as to reflect as closely as possible the original intentions of the contracting parties, while the remaining parts shall remain fully valid and effective.
8.2. The User agrees that we may send, in electronic format, notices, agreements and other necessary information regarding the Service. If the User no longer wishes to receive such communications in electronic format, they are kindly requested to stop using the Service and/or delete the Service from their computer or device.
8.3. We may modify these Terms of use, in which case we will inform the User through the Service. The most recent version of these terms will always be available through the Service. It is the User's responsibility to periodically check for any changes made to these Terms of use. By continuing to use the Service after the changes to the Terms of use come into effect, the User accepts the new terms.
8.4. For the purposes of these terms, Enigmap cannot be held liable in the event of cessation, interruption or delay in the performance of its obligations due to causes beyond its reasonable control, including, but not limited to, earthquakes, floods or other natural disasters, natural events, labor disputes, civil unrest, war (officially declared or not), or inability to obtain sufficient supplies, transport or other goods or services essential to the conduct of its business, or any change or adoption of any law or regulation (all circumstances considered as "force majeure causes").
8.5. The User acknowledges that the rights granted and the obligations described in these Terms of use towards Enigmap are unique and irreplaceable in nature, whose loss would irreparably harm Enigmap and could not be repaired solely by means of economic compensation, to the point that, in the event of violation or attempted violation by the User, Enigmap would be authorized to request an injunction or equitable relief of another kind (without the obligation to deposit any security or guarantee or proof of the damage suffered).
The User irrevocably waives the right to request injunctive or equitable relief of any kind, or to force or block the operation of the Service or Enigmap games, exploitation of advertising materials or of another nature published in correlation with them, or exploitation of the Service or any content or other material used or displayed through the Service, and agrees to limit their claims to remedies of an economic nature.
8.6. If any of the provisions of these Terms should be or become null or ineffective under the applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which remain valid and effective. In this case, the parties will nevertheless strive to amicably identify a valid and effective provision to replace the null, invalid or ineffective one.
In the event of failure to reach an agreement in the above terms, if permitted or provided for by the applicable law, the null, invalid or ineffective provision will be replaced by the applicable legal discipline.
Notwithstanding the above, the nullity, invalidity or ineffectiveness of a specific provision of these Terms does not entail the nullity of the entire Agreement, unless the null, invalid or ineffective provisions within the Agreement are essential or of such importance that the parties would not have concluded the contract if they had known that the provision would have been invalid, or in cases where the remaining provisions would entail an excessive and unacceptable burden for one of the parties.
8.7. These Terms of use are governed by the law of the place where Enigmap has its registered office, as indicated in the relevant section of this document, regardless of conflict of laws provisions.
8.8. Notwithstanding the above, if the User acts as a European Consumer and has their habitual residence in a country whose law provides a higher level of consumer protection, such higher level of protection prevails.
9. Competent court
9.1. The exclusive jurisdiction to hear any dispute arising from or in connection with these Terms of use lies with the Judge of the place where Enigmap has its registered office, as indicated in the relevant section of this document.
10. Dispute resolution
10.1. Users can report any disputes to the Data Controller, who will try to resolve them amicably. Without prejudice to the right of Users to initiate legal action, in the event of disputes concerning the use of the Service, Users are kindly requested to contact Enigmap at the contacts indicated in this document.
10.2 The User can address a complaint to the email address of Enigmap, as indicated in this document, including a brief description and, if applicable, the details of the order, purchase or account concerned.10.3. The European Commission has introduced an online platform for alternative dispute resolution that facilitates the extrajudicial settlement of disputes related to and arising from online sales and service contracts. Therefore, any European Consumer can use this platform to resolve disputes arising from contracts concluded online. The platform is available here.https://www.enigmap.net
