TERMS AND CONDITIONS
1) ABOUT THESE TERMS
1.1These conditions of use (Conditions) represent a legal contract between you (User/Users) and Hi.Stories SRL, a limited liability company based in Trecastagni (CT) in Corso, Italy 122 (we/the Company/the Society) and contain important information regarding the rights and obligations associated with the Services. The contract is considered completed at the time the services are used. The duration of the contract is unlimited.
1.3 The Company reserves the right to modify the Conditions at any time, according to the provisions of paragraph 13.1 below. In this case, you may be asked to accept the changes in order to continue using the Services. In the event that the Conditions or future updated versions are not accepted, you must abstain from and interrupt any access to and / or use of the Services.
- ABOUT ACCESSING AND USING THE SERVICES
2.1 The User enters into a contract with the Company for the free use of games via browser or app and has no rights either on the License Agreement or on the use of services or paid services. Both parties have the right to cancel the Contract at any time, without indicating a reason. The same applies to potential revocation of services.
2.2 The Contract for the free use of services via browser is established through the inclusion of data in the registration form as well as the creation of an account and the acceptance of these General Conditions (GC). The license agreement is free.
2.3 Through the free license agreement referred to in this point, it is also possible to access paid services (the GAMES area). The User has the option of deciding whether to take advantage of these services or not. Before use, the User will be clearly informed about payment obligations and must also explicitly confirm this use.
3.1 To use the Services of GAME area, you may create a personal profile (Account) and you may be required to select a password. Keeping your password safe is your responsibility. Company guarantee to preserve your data in a server or
3.2 Your account is personal and can’t be transferred to other people.
3.3 You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account.
3.4 In these terms, reference to “log in details” or “account” include your log in details and account for any social network or platform that you may be able to allow Services to interact with
3.5 We will not be responsible to you for any loss that you suffer as a result of an unauthorized person accessing your account and/or using our Services . The Company reserve itself the right to suppose that who accesses to your account using the data of access, is you, or someone authorized by you. If you fail to keep your log in details secret, or if you share your log in details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorised purchases) and agree to fully compensate Society for any losses or harm that may result.
3.6 Society is not responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and using Services and Society accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.7 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you may no longer be able to access and/or use any virtual Coins and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.8 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, your progress through our Games and/or the level or score you have reached in our Games and any Virtual Coins or Virtual Goods associated with your account).
3.9 You have the right to cancel the services contract registration by e-mail. The contract for the related services lapses with the deletion of your account (cancellation).
3.10 You acknowledge and agree not to formulate any proprietary rights or interests in accounts created using our Services. The Company reserves the right to suspend, terminate, modify or delete accounts and Services by communicating this with an advance notice of 7 days. However, the Company’s right to extraordinary termination of the contract for just cause without advance notice remains valid.
- VIRTUAL CURRENCIES AND GOODS
4.1 Our Games may include virtual currencies such as “histories coins (“Virtual Coins”) or items or services for use with our Games (“Virtual Goods”). You agree that once purchased Virtual Coins and Virtual Goods have no monetary value and can never be exchanged for real money, real goods or real services from us or anyone else. You agree that Virtual Coins and/or Virtual Goods are not transferrable to anyone else and you will not transfer or attempt to transfer any Virtual Coins and/or Virtual Goods to anyone else.
4.2 You do not own Virtual Goods and/or Virtual Coins but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods and/or Virtual Coins does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Coins and/or Virtual Goods are final and that we will not refund any transaction once it has been made. Please note that when you purchase a license to use Virtual Goods or Virtual Coins from us, you acknowledge and agree that we will begin the provision of the Virtual Goods or Coins to you promptly once your purchase is complete and therefore your right of withdrawal is lost at this point. For the purposes of this paragraph 4.3, a “purchase” is complete at the time our servers validate your purchase and the applicable Virtual Goods and/or Virtual Coins are successfully credited to your account on our servers.
4.4 If you do not connect your game play on a device to an account that is linked to either your social network account or a Hi.Stories account, we will not be able to restore any Virtual Coins or other data associated with your Game play to a different device if you lose that device or it is damaged. Accordingly, on a device which is not connected in this way:
– any risk of loss of Virtual Money which you purchase from us is transferred to you upon completion of the purchase;
– any risk of loss of Virtual Coins that you receive from us without making a purchase is transferred to you at the time the Virtual Money is successfully credited to your account on our servers;
– any risk of loss of other data associated with your Game play (including, without limitation, your progress through the Game, or the level or score you have reached in our Games) is transferred to you immediately at the time such Game play data is generated.
4.5 If you live in the European Union, we will provide you with a VAT invoice where we are required to do so by law or where requested by you. You agree that these invoices may be electronic in format.
4.6 The transaction from Virtual Money to real money shall be subject to VAT.
4.7 The Company reserves the right to control, adjust, modify, and/or revise the prices of Virtual Goods and/or Virtual Coins offered through the Services, to limit the total amount of them that can be purchased and/or accumulated in the account without any responsibility towards the User.
4.8 The User is required to purchase Virtual Money and/or Virtual Goods exclusively from the Company and, if the Company suspends or terminates the account for any reason, the User will lose any virtual money and/or virtual goods that may be possessed without being compensated in any way for the loss. In the event of the company’s unilateral decision to close the account or change the cost of the game, the advance notice of 7 days remains valid.
5.1 Prizes mean vouchers of different monetary value, discounts on purchases, coupons, offered by third parties and distributed in the App through the Game, or discounts, vouchers, offered by commercial operators affiliated with the Company that are issued by presenting a unique code and identifier (also QR code) delivered by the Company directly to the commercial operator.
5.2 The prizes available on the App are issued to the User upon reaching certain and fixed goals, indicated in the various missions of the Game. The prizes exchanged cannot be transferred to third parties and cannot be resold under any circumstances or exchanged for money.
5.3 The Company is not in any way responsible for the incorrect use of the prize by the User, for possible transfers to third parties, or for the incorrect transfer of the prize by the commercial operator.
5.4 In any case, the User who exchanges a prize can ask to return it or to exchange it for another.
6 USER CONDUCT AND CONTENT
6.1 You must comply with the laws that apply to you in the location that you access the Services from. If any laws applicable to you restrict or prohibit you from accessing Services, you must comply with those legal restrictions or, if applicable, stop accessing the Services.
6.2 You promise that, to the best of your knowledge, all the information you provide to us on accessing the Services is and shall remain true, accurate and complete at all times.
6.3 Information, data, software, sounds, photos, video tags, or other materials (Content) may be sent, uploaded, communicated, transmitted or otherwise made available via Services by you or by others. You should therefore only share Content that you are comfortable sharing publicly. You understand and agree that all Content that you may be sent when using our Services, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Services.
6.4 You agree that you will not:
– use Services to harm anyone or to cause offence to harass any person;
– create more than one account to use Services
– use another person or entity’s email address in order to sign up to use Services
-; use Services for fraudulent or abusive purposes including, without limitation, by using our forum to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity, our forum or our games;
– disguise, anonymise or hide your IP address or the source of any Content that you may upload;
– use the Services for any commercial use, or to advantage third parties or facilitate the sending of any advertisement or spam;
– remove or amend any proprietary notices or other ownership information from the Services;
– interfere with or disrupt Services or servers or networks that provide Services;
-; attempt to decompile, reverse engineer, disassemble or hack the Services, or to defeat or overcome any of the encryption technologies or security measures or data transmitted, processed or stored by Society;
– ‘harvest’, ‘scrape’ or collect any information about or regarding other people that use the Services, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to ‘pixel tags’ cookies, graphics interchange formats (‘gifs’) or similar items that are sometimes also referred to as ‘spyware’ or ‘pcms’ (passive collection mechanisms);
– sell, transfer or try to sell or transfer an account with us or any part of an account;
– interfere with the ability of others to enjoy using the Services;
– disobey any requirements or regulations of any networks that may be connected to Services;
– use Services in violation of any applicable law or regulation;
– use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful or offensive use;
– Use the Services in any other way not permitted by these terms.
7 YOUR BREACH OF THESE TERMS
7.1 Without limiting any other remedies or any other paragraph of these terms, if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches), we reserve the right to take any of the following actions, whether individually or in combination, and either with or without notice to you:
– delete, suspend and/or modify your account or parts of your account;
– otherwise suspend and/or terminate your access to our Services;
– modify and/or remove any Virtual Money or Virtual Goods that may be associated with your account;
– reset and/or modify any game progression or benefits and privileges associated with your account, such as any level or score you have reached in our Games.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8 AVAILABILITY OF THE SERVICES
8.1 We do not guarantee that any of our Services will be available at all times or at any given time or that we will continue to offer all or any of our Services for any particular length of time.We have the right to withdraw or modify our Services (in whole or in part) with notice you until 7 days but there may also be times when our Services or any part of them are not available for technical (such as technical difficulties experienced by us or on the internet) or maintenance related reasons, whether on a scheduled or unscheduled basis, or to allow us to improve user experience, or because it no longer makes business sense for us to provide the relevant part of the Services.
Notwithstanding anything to the contrary, you acknoledge and agree that any or all of our services may be terminated in whole or in part at our sole discretion. You assume any and all risk of loss associated with the termination of your services.
8.2 We do not guarantee that any of our Services will be available or error-free at all times or at any given time. We will provide our Services in accordance with any legally required standards. In particular, in relation only to any Virtual Coins and/or Virtual Goods or any other part of our Services which have been paid-for with real money, we warrant that they will substantially comply with the description provided by it at the point of purchase and be of satisfactory quality (in addition any related services provided through them will be provided with reasonable care and skill). We may change and update our Services in whole or in part without notice to you (provided always that any such changes do not result in material degradation in the functionality of any part of the Services which has been paid-for with real money). We are not liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control. If such circumstances result in material degradation in the functionality of the Services then any obligation you may have to make any payment to download, use or access them will be suspended for the duration of such period. We are entitled to modify or discontinue the Services or any part of them which are paid-for with real money in our sole discretion upon reasonable notice to you.
9 LIMITATION OF LIABILITY
To the maximum permitted under law, under no circumstances whatsoever will Hi.Stories srl be responsible or liable to you or to any other entity, even if advised of the possibility of such damages, under any legal theory, whether contract, tort of otherwise, for any direct, compensatory, indirect, incidental, consequential, including but not limited to, any lost profits and lost business opportunities, business interruption, revenue, income, goodwill, use, data or other intangible losses, special, exemplary or punitive damages that result from or relate in any manner whatsoever, to your use of the Services, or reliance of any Services, or to any errors, inaccuracies, omissions, defects, security breaches, or any other failure to perform by the Services. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
10 INTELLECTUAL PROPERTY
10.1 You acknowledge that all copyright, trademarks, and other intellectual property rights in and relating to the Services are owned by or licensed to the Society.
10.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited license to access and use the Services (but not any related object and source code), in each case provided that such use is personal and in accordance with these terms. You agree not to use the Services, or any elements thereof, for anything else. These terms also apply to any update or patches which we may release or make available for any of the Services and any such update or patch shall be deemed part of the Services for the purposes of these terms.
10.3 You acknowledge and agree that, other than license granted to you by these therms, you shall have no ownership or property interest in any of our online account, any virtual Coins or virtual good. You must not copy, distribute, make available to the public or create any derivative work from our Services or any part of our Services unless we have first agreed to this in writing.
10.4 In particular, and without limiting at paragraph 10.3, you must not make use or available any cheats or technological measures designed to control access to, or elements of, our Services, including providing access to any Virtual Coins and/or Virtual Goods, whether on a free of charge basis or otherwise.
10.5 By submitting Content via the Services, you are representing that you are fully entitled to do so and:
- grant the Society the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you;
- acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment.
- You agree to waive any such moral rights you may have in the Content
- You agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us; but
- you do give the Society the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
10.6 You must not copy, distribute, make available to the public or create any derivative work from the Services. If you believe that someone else has infringed your intellectual property rights over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
– a description of the intellectual property rights and an explanation as to how they have been infringed;
– a description of where the infringing material is located;
– your address, phone number and email address;
11 TRANSFERRING THESE TERMS
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
12 ENTIRE AGREEMENT
These terms set out the entire agreement between you and us concerning the Services (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and the Society.
13 CHANGES TO THESE TERMS
You can find these terms at any time by visiting www.sicilyhistoriesapp.com. The Society reserves the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing and/or using the Services.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable. If it is not possible to interpret an invalid or unenforceable part of these terms in a manner consistent with applicable law, then that part shall be deemed deleted from these terms without affecting the remaining provisions of these terms.
15 WAIVERS OF OUR RIGHTS
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
16 COMPLAINTS AND DISPUTE RESOLUTION
16.1 Most concerns can be solved quickly by contacting us at email@example.com
16.2 In the unlikely event that you wish to bring legal action against the Society, these terms shall be governed by and construed in accordance with the laws of Italy. Any dispute arising in connection with these terms will be subject to the exclusive jurisdiction of the courts of Catania (Sicily, Italy).
17 QUESTIONS ABOUT THESE TERMS AND CONDITIONS
If you have any questions about these terms or about the Services, please, contact us to the following mail address: firstname.lastname@example.org.
These terms were last updated on 10 July 2018.