These general terms of use between Giochi Preziosi Italia S.r.l., with registered office in Milan, Via Vincenzo Gioberti No. 1 and administrative office in Cogliate (MB), Via delle Primule No. 5, Tax Code / VAT No. 05935650969 (“GP“), and the end user (“User“) govern the use of the Gormiti application (“App“) and the types of paid purchases for the use of the App and the services provided therein.

1.     INTRODUCTION

1.1  The User is required to carefully read these general terms of use (“App Agreement“) and the relevant privacy policy concerning personal data processing available in the appropriate section of the App, before proceeding with the installation of the App, with the creation / registration of your user account (“Account“) and before using the App. The App Contract consists of important information on the services provided and any fees or ancillary costs invoiced by GP to the User. By installing the App and creating his own Account, the User represents and acknowledges that he has read, understood and accepted this App Agreement, and accepts to be bound by it. Anyway, the User is required to print and / or otherwise store and / or save a copy of this App Agreement in his own device and keep it for ready reference.

1.2  Even taking into account the free nature of the basic features of the App, GP reserves the right to make any changes to the App Contract as it deems appropriate and / or necessary from time to time, at any time and at its discretion, by simply publishing it on the website https: // giochipreziosi .it / general-conditions-of-use-of-the-gormiti-application. After such publication, any changes introduced by GP will immediately become effective and applicable to the User, who must take care to read it. 

1.3  In order to install the App, create / register his  Account, activate the App Agreement, as well as use the services available, the User must necessarily: (1) be 18 years or older to; (2) have the ability to sign the App Agreement and not be subject to any inhibition to do so pursuant to the laws in force and / or as a result of any authority proceeding. The User also undertakes to provide GP with true, accurate, complete and updated registration information, and undertakes to always keep them updated.

2.     DESCRIPTION OF THE APP

2.1  The App allows the User to download in the App (“Download“) certain features (so-called “gems”) that allow to unlock additional content such as scenarios, backgrounds, characters, game modes (“Extra Content“). The Download is subject to payments throughout Apple and Google stores (for IOS and Android devices respectively), save for Users owning unique coupon code gained by the purchase of certain “Gormiti” branded products and allowing for the free Download of the products.

2.2  The list of Extra Contents available in the App may vary over time at GP’s discretion, also depending on GP’s availability of the relevant rights of exploitation.

2.3  From time to time the App may be developed and added with new features whereas the current appearance and features could be modified and/or deleted, as the case may be. Any such changes will be made available to the User through the “App Update” function linked to Apple store (for IOS devices) or Google Play (for Android devices).

3.     SCOPE

3.1  Upon installation of the App, GP grants the User, under the terms and conditions set out herein in the App Agreement, a free, non-exclusive, non-transferable and non-sublicense license to install and use the App for personal use purpose only and subject to limitation set forth in this App Agreement.

3.2  The User can use the App in connection with an unlimited number of devices simultaneously connected to the same Account. GP expressly reserves the right to limit the use of the App at any time, without any obligation towards the User and without notice.

3.3  Upon downloading and / or installing and / or using the App, the User declares to fully accept the terms and conditions of the App Agreement.

4.     OBLIGATIONS OF THE USER

4.1  The User is prevented to (i) copy the App, (ii) sublicense, sell, transfer, distribute, rent, market, assign or grant rights of any kind in connection to the App, in whole or in part, to any third party, (iii) remove, alter or modify any of the images, symbols, trademarks or anything else that appears or is displayed by the App and / or during App’s use, (iv) decompile, disassemble, modify, carry out activities of reverse engineering or similar activities in relation to the App or otherwise obtain or attempt to obtain the source code of the App and / or other codes.

4.2  The User cannot exploit and / or use the App within and / or in connection to commercial activities and / or activities in any case carried out for profit.

4.3  With reference to the use of the App, the User undertakes to:

4.3.1   comply with any and all applicable legislation and regulations including those in connection to personal data protection;

4.3.2   not to use the intellectual property contained and / or provided through the App in a way that differs from the provisions of the App Agreement and / or in violation of the law;

4.3.3   not to collect content or information from other users, nor access in any other way using automated tools (such as collection bots, robots, spiders or scraper);

4.3.4   not to upload viruses or other harmful code;

4.3.5   not attempt to obtain login information or access other users’ accounts;

4.3.6   not to denigrate, intimidate or harass other users or third parties;

4.3.7   do not publish content: intimidating, pornographic, with incitement to hatred or violence, with images of nudity or violence;

4.3.8   not to post unauthorized or illegal commercial or marketing communications (for example spam);

4.3.9   not to use the App for illegal, deceptive or discriminatory purposes;

4.3.10not to take actions that could prevent, overload, compromise or disturb the proper functioning or appearance of the App;

4.3.11not to favor or encourage or permit any violation of these provisions or current regulations, even by minors;

4.3.12not to provide false personal information or create more than one account or do so on behalf of another person without authorization;

4.3.13not to share your password, or allow others to access your account or perform any other action that could jeopardize the safety of your account;

4.3.14not to publish or perform actions on the App that violate the rights of third parties or applicable laws.

4.4  GP reserves the right to remove any content or information published on the App by the User in cases where it is deemed that they violate these conditions or current regulations.

4.5  In the event of failure by the User to comply with the App Agreement and / or the provisions set forth herein by GP concerning the App and / or use of the App and / or in the event of the User’s conduct that constitute or may constitute violation of current legislation or may damage GP, GP reserves the right to suspend and prevent the chance for the User to use the App, without prejudice to any further rights and actions of GP.

5.     INTELLECTUAL PROPERTY RIGHTS

5.1  GP is the owner or has legitimately acquired all property rights and any rights into the App and into any update, upgrade, modification and anything else that is part of the App and / or in any case relating to the App and / or the use of the App. The granting of a license to use the App by GP to the User referred to in the App Agreement does not imply the transfer or recognition of any rights in favor of the User, except as expressly provided for in the App Agreement, or of any other person.

5.2  The App is protected by the laws and regulations on copyright and intellectual property, as well as by the applicable EU regulations and international treaties on the subject.

5.3  The App, every copy of it and every part or element of it, every intellectual work contained therein (including, but not limited to: any graphics, image, icon, photography, animation, video, music, text ), the electronic and “on-line” documentation relating to the App are the exclusive property of GP or any of its assignors. All rights on trademarks, product names and any other distinctive signs are reserved to GP or other legitimate owners.

6.     MODIFICATIONS, INTERRUPTIONS OF OPERATION AND LIMITATION OF LIABILITY

 6.1  GP reserves the right to make any changes to the App both in connection to regulatory provisions and for accounting, technical reasons or for any other requirement or choice made by GP itself. GP also reserves the right to change the list of App Extra Contents at any time.

 6.2  The App is provided as is, without any express or implied warranty, including, by way of example and not limited to, any guarantee of operation and / or suitability for a specific purpose.

6.3  GP does not grant in any way that the App is neither that it will be safe or error-free, nor that the App will always work without interruptions, delays or imperfections.

6.4  The User acknowledges and accepts that GP is not liable for the failure and / or wrong functioning of the App, nor for the loss or modification of data and / or information occurring in the use of the App and / or in relation to use of the App.

6.5  Without prejudice to the provisions of mandatory legal provisions, GP does not warrant and does not provide any guarantee for original or occurring defects and does not make any promises of quality, good functioning or suitability for a particular purpose or result in relation to the App, nor GP gives and provides no guarantee as to the compliance of the App with what is described in the documentation provided or made available in relation to the App.

 6.6  Any guarantee is however excluded in the event that the App is inserted or in any case is part of other software applications developed by third parties. GP will not be held liable for any incompatibility of the App with any device or for any problems or inability to proceed with the download of the App. With regard to these applications, GP expressly declares that it has not carried out and, in any case, that it has not carried out any control or accreditation activities on the relative functioning.

6.7  Under no circumstances will GP or its suppliers be liable for direct or indirect damages (including damage, interruption of activity, loss of information or data and other economic losses) caused to the User or to third parties by the installation and / or from the use and / or non-use of the App. This limitation of liability applies both in the case of use of the App in ways that do not comply with the App Agreement and the documentation relating to the App, and in the case of use in accordance with the same.

6.8  Without prejudice to the provisions of mandatory provisions of law, GP, the companies belonging to the group to which GP is a part, the service providers, the commercial partners, the subjects who carry out activities for any reason in the name and / or on behalf and / or in the interest and / or on behalf of GP, will not be liable for direct or indirect damages, including, by way of example and not limited to, damage to hardware and / or software, and damages of a similar nature deriving from the installation and / or the use and / or the inability to use the App or any activity made available on or accessible through the App; nor will they be held responsible for errors, omissions or other inaccuracies in the provision of services and / or materials or for information downloaded from or acquired through the App.

6.9  GP cannot be held responsible for any failures, for failure and / or incorrect functioning of the App and / or device (smartphone, tablet, etc.) where the App is installed by the User, of any device feature where the App has been installed, the hardware and / or software relating to the device where the App has been installed, due to the loss of any data or other prejudice that may derive, directly and / or indirectly from the App and / or use of the App.

6.10  GP undertakes no obligation to carry on the development, production or support, repair, eliminate any misfunctions or bugs, offer or continue in any other way to develop the App, or to carry out any activity concerning the App.

6.11  GP does not take on any obligation to provide technical or other assistance with reference to the App and / or the use of the App.

6.12  Without prejudice for the foregoing, GP will use reasonable efforts to keep the App up and running and fix technical problems or carry our maintenance works which may determine the temporary suspension of the App’s availability to Users. GP reserves the right to modify or interrupt, periodically and at any time, and temporarily or permanently, the functions and functions of the App, even without notice and, in any case, without any responsibility towards Users for any suspension, changes or terminations of the App or other related features or capabilities. The User understands and accepts that GP undertakes no obligation to maintain, support, improve or update the App, or to provide specific content through the App.

6.13  The User acknowledges that starting from 1 January 2023 the App will no longer be available online for download and, only if already installed by the User, it will continue to be usable in offline mode for a period of 12 (twelve) months, after which the App will definitively cease to function.

7.     PERSONAL DATA PROCESSING

7.1     The privacy policy concerning User’s personal data processing by GP is available in the relevant section of the App. This information notice constitutes an integral and essential part of the App Contract.

7.2     The User may at any time request clarification or information concerning personal data processing carried out by GP by making a written request as explained in the information notice.

8.     CUSTOMER SERVICE

For the purpose of getting support by customer service, the User must fill out the contact form with dedicated customer support, available by connecting to the site by accessing the “Customer Service” section. GP will make every reasonable attempt to respond to all inquiries sent to its customer support within a reasonable time frame, but does not guarantee in any way that inquiries sent to customer support will be answered in a particular time frame and / or that it is possible to respond satisfactorily.

9.     TOLERANCE

GP’s failure to challenge any User’s conduct violating one of the provisions of the App Agreement does not constitute and cannot be interpreted as a waiver of GP’s rights set forth the provision of this App Agreement which have been breached by the User nor as a waiver of the right to request the exact fulfillment of all terms and conditions of this App Contract.

10.  SEVERABILITY AND DEROGABILITY

Except as otherwise stated in this App Agreement, if any provision thereof is or becomes invalid or unenforceable for any reason or to any level, such invalidity or unenforceability shall not affect the validity and enforceability of the rest of this App Agreement

and such clause shall apply within the limitation imposed by law.

11.  ASSIGNMENT

GP may freely transfer and / or assign and / or sub-license this App Agreement or any part thereof. The User may not, on the other hand, transfer and / or assign this App Agreement or any part thereof, nor transfer or sublicense its rights under this App Agreement to third parties.

12.  APPLICABLE LAW AND JURISDICTION

12.1  This App Agreement and all matters arising from or connected with it shall be governed by and construed in accordance with the laws of Italy.

12.2  The court of the place where the User resides or has elected domicile shall have exclusive jurisdiction.