Terms and conditions
Terms and mobile application usage conditions “Gamindo”
- Ownership and Terms of Service
1.1. These Terms of Service govern your use of the mobile application Gamindo or web platform (hereinafter, the “App”, also called “Gamindo”), created and managed by the company Ofree Srl, located in Via E. Reginato, 85 / H, Treviso (TV) – VAT 04982720262 (hereinafter also the “Company” or “Ofree”), from the user (hereinafter, collectively referred to as the “users” and individually as “users”). 1.2 . The User’s registration and use of the App are subject to the integral and explicit acceptance of these Terms of Service, which constitute a legally binding agreement between Ofree and the User in relation to the use of the App by this’ last.
- Modification of Terms of Service
2.1. Ofree reserves the right to modify at any time the Terms of Service, for example as a result of legislative or regulatory changes or changes of services offered through the App, by giving notice to you through App.2.2. You will have to accept these Terms of Service as modified in that, in case of non-acceptance of the Terms of Service as modified, usage by the User App will be suspended until the acceptance of the Terms of Service as modified or cancellation of the account by dell’Utente.2.3. The current enter into force on the day 10.11.2019 Terms of Service and will apply unconditionally also to accounts not used for more than 90 days from the entry into force of the current Terms of Service.
- Download the App and account creation
3.1. The user who wishes to use the App will necessarily have to: (i) access to the relevant service content from the website https://www.gamindo.com / or by downloading the application from the reference store of its own mobile terminal; (Ii) provide a precise, complete and truthful information required to create the account and complete its identification procedure via your Facebook account User’s account or via email; (Iii) accept the Terms of Service and give consent to the processing of personal data after reading the privacy.3.2 statement. Ofree will send a message confirming the registration at the email address provided by the User once the registration process is completed with the inclusion of data [or within 90 days of registration, or the second version of ‘application then] .3.3. The download the App and the creation of their account are necessary conditions to use the service offered by Ofree as described art. 7.
- Requirements and warnings for the use of the App and account management
4.1. To use the App is necessary to have the minimum age indicated in the informative platform, which varies depending on the Paesi.4.2. The App access to company accounts associated with them must be kept confidential by you, since he is considered solely responsible for all activities carried out personally or by third parties through your account, both against Ofree that against third: the User agrees to that effect to indemnify Ofree to third from any financial loss and non-property resulting from non-compliance with this articolo.4.3. The User is obliged to immediately notify Ofree any security breach and any unauthorized use of your account which comes to conoscenza.4.4. Ofree reserves the right to refuse access to the App or the provision of its services to any user and delete accounts created by users with the name, appearance, email address or other personally identifiable as belonging to third parties or deemed not suitable to their total discrezione.4.5. Ofree account defines “Not Eligible” any social account not completely real or created for secondary purposes related to the mere economic gain.
- Use Restrictions account
5.1. Ofree, with the acceptance of this agreement by the user, authorizing him to use the App, subject to compliance with the following conditions. In particular, the User is not allowed: a) make use of the App for commercial or advertising purposes without the express permission of Ofree; b) collect and disseminate in any way personal data of other Users, ne’ App distribute content; c) to alter or modify any part of the App, they access content through means other than the App video page itself; d) circumvent, disable or interfere in any way with the elements related to App security and the services offered; e) market in any way access to the App or services offered to the User; f) copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit the App content for any purpose without the written consent of Ofree; g) submit, post or transmit through the app any text (including any comments), graphics or video libelous, invasive of another’s privacy, obscene or pornographic, istigante racial hatred, political, gender or religion against individuals or groups, invasive of third party rights including intellectual property, contrary to Italian and European laws or istigante their violazione.5.2. The user account owner ensures, by publishing content via the app, all of the requirements listed above,
- Faculty of Ofree if the Terms of Service violation
6.1. Ofree reserves the right to investigate and prosecute, within legal limits, violations of Terms of Service, if necessary by requesting the intervention of Giudiziaria.6.2. In case of violation by the User of these Terms of Service and / or use of the APA rules and / or regulations established from time to time for individual campaigns, Ofree reserves the right (i) suspend, delete (terminating the contract) or clear the balance of tokens accumulated in its account at its sole and exclusive discretion, with or without notice at its sole discretion and (ii) the User prevent the use of the App. 6.3. If a campaign or a Ofree initiative involving access or at least one activity for the user to be carried out on platforms of third parties, the provisions of Art. 6.2. expressly it applies to cases of violation by the User, of the rules of use of platforms terzi.6.4 subjects. The exercise of these powers does not imply in any case waiver by Ofree to legal proceedings that the law provides for the protection of rights.
- Contents of the service offered by Ofree to users through the App
7.1. Through the app, Ofree allows Users to participate in activities of various kinds promoted by commercial companies (hereinafter, the “Companies”). 7.2. Deciding to play video games present or to use any other functional content with participation in a campaign, the User waives any guarantee of confidentiality on stessi.7.3. You agree to indemnify and hold harmless the Company from any liability towards other users or to third parties on the ownership or economic exploitation of image rights of others soggetti.7.4. When Ofree becomes aware of any breach of these Terms of Service reserves the right (but not the obligation) to decide whether or not to report the photos to social networks for their removal and / or to inhibit all ‘ User publication of the photos that are in breach of these Terms of Service at any time, without notice and in its sole discrezione.7.5. Ofree reserves the right to organize and promote, using the App, promotional initiatives of various kinds, with the involvement of third parties: in such cases the settlement of individual initiatives will be communicated to users through the App as with campaigns , and the user will be free to participate or not to iniziativa.7.6. The user has the possibility,
- Remuneration for the User
8.1. After the effective participation in each activity in accordance with art. 6.4., Gives You Ofree expendable virtual tokens in the platform in the form of credits can be donated to non-profit organizations, which will have a fee upon completion of the fundraising campaign. Credits are cumulative, and they become expendable at the end of each game and within the piattaforma.8.2. You, opening the section called “Profile” on the App, you can check at any time the balance of credits accumulated with attività.8.3. Once the tokens given threshold to finance a campaign for a non-profit, Ofree elargirà donating entity chosen and circulate to all donors by mail / notification / various genere.8.4 communication.
- Limitation of liability of Ofree
9.1. The App and the services contained therein are provided in the state of affairs in which they are located, without any guarantee by Ofree about their quality and ne’ conditions about the use of the User’s satisfaction stessi.9.2. Ofree also does not guarantee that the App and the services contained therein are available without interruption, risks or errors, ne’ assumes responsibility for technical malfunctions, hardware or software, interruption of network connections, users recordings failed, incorrect, inaccurate, incomplete, illegible, damaged, lost, delayed, not properly addressed, no receipts, electronic communications or other delayed or incorrect, nell’upload problems of multimedia content, and malfunction of the software already on Sito.9.3. No responsibility Ofree also exists as to the accuracy, correctness, accuracy, timeliness, completeness or reliability of the information found on the App or via the links at high mobile applications or websites in it presenti.9.4. Except in cases of willful misconduct or gross negligence in accordance with law, Ofree is not liable to you for losses (including goodwill or business reputation) or damages it has sustained from: (i) for having relied on the completeness, accuracy or existence of any advertising or relationship between the User and any advertiser or sponsor this App; (Ii) as a result of the changes you can make to the App Ofree or services contained therein, or for permanent or temporary cessation of the same; (Iii) for the cancellation, corruption or loss of multimedia content and other data stored or transmitted via the App; (Iv) the failure to provide the User to Ofree of accurate and truthful account at registration; (V) the breach by the User logged in keeping secrets and confidential dell’account.9.5 data. You acknowledge and agree that Ofree may, in its sole discretion, terminate your access to the App (temporarily or permanently) (or any features within the App) against him or against the Members in general , without this being previously comunicato.9.6.
- Duration and termination of the relationship with Ofree
10.1. This Agreement shall remain in force until terminated by you or Ofree as follows stabilito.10.2. The withdrawal can occur at any time either by Ofree that by you. If the user wishes to cancel the contract with the company, you can do either: (i) notifying the Company by email at email@example.com providing the data required for recognition of their account: – the name used on Facebook – Email used to access Facebook – Nickname if specified in the profile, or email used for registration.
10.3. If Ofree to withdraw from the contract with the shipper will send a reasonable notice App notification followed by an electronic communication to the email address indicated by the latter and will effect dell’account.10.4 cancellation. When this Agreement has been terminated, all rights, obligations and responsibilities of the Parties for which it is expected to be of indefinite duration continue, shall be unaffected by this cessation, including the rights and the Company’s option provided for ‘art. 7.10.5. In order to retain and preserve data related to user privacy, Ofree agrees to completely remove account data relating to users who do not have access to the App for more than 2 anni.10.6.
11.1. These Terms of Service together with the ex art. 13 of Legislative Decree. N. 196/2003, regulate the legal relationship between Ofree and the User, and completely replace any prior agreement between the parties, which undertake to interpret and execute in accordance with good fede.11.2. Ofree may send all communications related to the relationship with users with the procedures of Art. 2 of Servizio.11.3 Terms. The failure by the Ofree of a right of action or a simple rising powers in this Agreement will never be construed as a waiver of the right, to the measure or facoltà.11.4. If any provision of this Agreement is held to be invalid by a competent judge, the invalid provision will be eliminated by not retroactively without vitiating the Terms of Service the remaining provisions to the extent that the law allows. 12. Governing Law and Jurisdiction 12.1. This Agreement is governed by Italian law and the provisions of Community law where applicabili.12.2 directly. The User expressly agrees that all disputes concerning the interpretation, execution and termination of this Agreement are devoted exclusively to the Court of Milan.
Pursuant to and for the purposes of articles. 1341 and 1342, the User agrees and accepts separately the following provisions of the Terms of Service: art. 2 (Modification of the Terms of Service), Art. 4 (Requirements and warnings for the use of the App and account management), art. 5 (Use Restrictions account), art. 6 (Faculty of Ofree in case of violation of the Terms of Service), Art. 7 (Contents of the service offered by Ofree to users through the App), art. 9 (Limitation of liability of Ofree), art. 12 (Governing Law and Jurisdiction).