Terms and conditions

1. Object

1.1. Welcome to ENIGMAP – Italian Non-Profit Association, with current registered office at Corso Giolitti 2, Cuneo (CN) – C.F. 96100930047 – P.IVA 04063900049, pec: beniamino.ramonda@pec.it, hereafter referred to as “Enigmap”. Other contact information is available by writing to info@enigmap.net.

These Terms of Use apply to Enigmap’s use of online and mobile games, as well as other content offered, websites, and related services, including servers, software, and infrastructure (hereinafter referred to as the “Service”). Use of the Service is also governed by Enigmap’s Privacy Policy or Privacy Policy, and accessible here.

1.2. You should read these Terms of Use carefully before using the Service. By installing, using or otherwise accessing the Service, you agree to the applicability and content of these Terms of Use and the applicable privacy policy. Certain elements of the Service may require you to accept additional terms and conditions from us or our suppliers, licensors or other third parties, which will serve as a supplement to these Terms of Use. By using the aforementioned services, you agree to comply with such additional terms and conditions. If you do not agree to the Terms of Use, applicable Privacy Policy or additional terms and conditions, you may not use the Service.

1.3. For the purposes of these Terms of Use, a “User” is defined as any natural person who uses The Service.

2. Use of the Service. Registration and Account.

2.1. Subject to the User’s consent and continued compliance with these Terms of Use and any other applicable policies or other terms and conditions, Enigmap grants the User the ability to enjoy a wide range of games on its portals for non-commercial, personal entertainment purposes. The User agrees not to use the Service for any other purpose.

Games are free of charge unless otherwise indicated. However, the User shall be solely responsible for payment of any charges that arise while using the Service through any wireless communication service or otherwise.

The User may purchase games and, if so, is required to proceed with the creation of an account. If games are purchased, Enigmap grants the User a non-exclusive, non-transferable, non-sublicensable, revocable, limited license subject to the limitations specified below regarding access to and use of the Service for non-commercial personal entertainment purposes.

To process any payments, Enigmap may use the services of third-party providers as specified in Art. 5.

2.2. By creating an account, you confirm that you are 14 years of age or older.

2.3. A User name 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 only one account on the Enigmap site.

You are prohibited from selling, renting or assigning your Account, creating an Account using false information or identity, or creating an Account in the name of a third party. If you notice that you have gained unauthorized access to your Account, please contact us immediately and change your login credentials immediately. You are still solely responsible for the confidentiality of your login credentials and for any purchases made through your Account, whether authorized or not. Where the User has specified his or her own contact information, the User agrees to provide such information accurately and to keep it current. The User shall use their Account for non-commercial purposes only.

2.4. Enigmap reserves the right to permanently suspend and deactivate any Account that has been inactive for 240 days. In the event of deactivation, we are under no obligation to retain or provide any data or content related to the Account, or to refund payments made through it; we may also allow other users to register using the deactivated User name. We are also under no obligation to remove any data, content or other information in the public domain uploaded or posted within the Service by the User.

2.5. Without prejudice to other remedies, Enigmap may limit, suspend, terminate, modify or delete accounts or access to the Service, or any part thereof, if User violates, or if Enigmap suspects that User violates the Terms of Use, or in the event of actual or alleged misuse or illegal use of the Service, without notice. Enigmap is in no way obligated to compensate User for any losses or results arising therefrom, including, but not limited to, any benefits, privileges, or virtual items associated with User’s use of the Service.

3. Advertisements 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 games are used. 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 enforced by the advertiser. Enigmap is not responsible for any losses or claims that the User may make against the 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 endorses any corresponding third party websites or services. You acknowledge and agree that we are not nor can we be held responsible for content or other materials on such third-party sites.

4. Conduct of the User under the Service.

4.1. The User may use the offered Service only for legal, personal and non-commercial purposes. Any content may only be used for personal purposes and may not be reproduced or distributed further.

4.2. The User may not:

1. commit actions that Enigmap judges to be in conflict with the spirit or purpose of the Service;
2. Use tricks, exploits, automation software, bots, hacking tools, mods, or any unauthorized third-party software designed to modify or interfere with the Service;
3. Use the Service in ways beyond the rights of use granted to the User;
4. use the Service for data mining tools, robots, or similar means of collecting and extracting data from content; split any part of the Service into frames;
5. reproduce, copy, retouch, display, modify, translate, convert, publish, license or sublicense, transfer, distribute, or otherwise exploit content available within the Service, without Enigmap’s prior written permission;
6. reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive 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;
7. Offer any form of advertising or promotion on the Service without prior written permission from us;
8. Providing false personal information, or information, content or materials in the name of a third party without permission;
9. Transmit, directly or indirectly, unsolicited group communications (including e-mail and instant messages) through the Service;
10. Use the Service in ways that damage, disable, or overload our servers or networks;
11. Interfere with any other party’s use and enjoyment of the Service;
12. circumvent any mechanisms included in the Service in order to prevent unauthorized reproduction or distribution of content on the Service.

4.3. You may not send or transmit, through the Service, any information, content or materials or otherwise take any action that may:

1. Infringe or infringe upon the rights of others, including, without limitation, patent, trademark, trade secret, copyright, publicity, or other property rights;
2. be contrary to law, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of others’ privacy, tortuous, containing explicit descriptions or narratives or in graphic form of sexual acts, or pornographic;
3. Assault, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. impersonate individuals, businesses, or entities, including Enigmap and its employees and agents;
5. contain viruses or other computer codes, files, or programs that disrupt, destroy, or limit the functionality of software, hardware, or telecommunications equipment, or otherwise enable unauthorized use of a computer or computer network;
6. Encourage behavior that may constitute a criminal offense or give rise to civil liability;
7. Otherwise violate these Terms of Use, guidelines, or other policies posted on the Service.

Enigmap reserves the right to determine what conduct should be considered in violation of these Terms of Use or otherwise contrary to 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 the User from using the Service, in whole or in part.

5. Service fee

5.1. Some games offered as part of the Service allow the User to purchase a personal, non-transferable, non-sublicensable and revocable license to use a game (hereafter referred to as “Paid Service”), provided the User has a registered Account in the Service. Enigmap may manage, adjust, control, modify, delete or change the price of the Paid Service at any time, with or without notice. Enigmap will not be liable to the User or any third party if it exercises these rights.

The rates, duration and conditions applicable to the sale of these Services are described in the respective sections of the site, at www.enigmap.net.

Any purchase made through the Service will require that you agree to an agreement with Enigmap or the Payment Service Provider (“PSP”) responsible for handling the transaction (in which case, the payment screen will show which PSP you are making the payment with). As the parent or legal guardian, you are responsible for any credit card or other payment instrument (e.g., phone, SMS, PayPal) payments made by the child as part of the Service.

5.2. If the agreement is made with a PSP, Enigmap can never 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 only to the privacy policy and/or other terms and conditions applied by the PSP. Some PSPs allow pre-authorized recurring payments: in such case, User agrees to any terms and conditions that the PSP may apply to such recurring payments. For the avoidance of doubt, Enigmap is not and will not become a party to the agreement between the User and the PSP. By relying on a PSP for payments under the Service, User indemnifies Enigmap against any payment or other claims that the PSP may make as a result of User’s failure to make a payment. In the case of payment by credit card, the User may enable the 1-click payment option, if offered by the credit card provider. By enabling and using this option, the User accepts all terms and conditions placed by the payment service provider and credit card provider for use of the option. Enigmap is not to be held responsible for the use of such payment option.

5.3. All information provided by the User as part of making payments or providing services through the Service is subject to Enigmap’s Privacy Policy. You agree to pay all applicable taxes and fees associated with your Account or the use by others of an Account registered in your 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, since the User’s use begins from the moment of provision, and not from the moment of the first use of virtual objects within a game.

5.5. Enigmap and/or its licensors may manage, adjust, control, modify, or eliminate the Paid Services at any time, with or without notice. Should such an eventuality occur, Enigmap and/or its licensors shall not be liable to the User or other third parties.

5.6. Once payment has been made for a Paid Service, no right to a refund is guaranteed. Enigmap reserves the right to cancel and eliminate Paid Services purchased, in whole or in part, if:

• the User has not used his/her Account for 240 consecutive days, as set forth above in Section 2.4;
• we would no longer offer the content or Service referenced in the Paid Services (or the balance thereof), upon notice from Enigmap to that extent;
• User does not comply with these Terms of Use.

As such, there are no rights to a refund or other form of compensation for non-use of the Paid Services.

If a Paid Service becomes unavailable after a transaction but before its use, the only remedy provided is that the User be refunded the price paid for the unavailable virtual product. If technical problems unreasonably prevent or delay the provision of the virtual product, the sole and exclusive remedy provided is replacement or refund of the price paid, as determined by Enigmap.

6. Property Rights

6.1. The Service includes numerous content, trademarks, data, works, and materials of Enigmap and third parties (hereinafter collectively referred to as the “Content”), including, but not limited to, logos, trademarks, look and feel, trade names, software, games, layouts, information, text, data, music, videos, images, scripts, designs, graphics, button icons, instructions, and illustrations.

Unless otherwise specified in writing, all Content shall be deemed to be owned, controlled or licensed by Enigmap or its licensors. All Content is copyrighted under copyright and/or other intellectual property laws to prevent unauthorized use. You agree not to copy, redistribute, publish or otherwise exploit the Content in violation of Enigmap’s or any third party’s intellectual property rights.

Notwithstanding anything to the contrary contained herein, You acknowledge and agree that You have no ownership rights in the Account. All rights contained in and relating to the Account are and shall remain the property of and shall inure to the benefit of Enigmap.

6.2 The User agrees to comply with all regulations and legal provisions governing the use of the Content. 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 Content used by the User in order to improve its performance and capabilities. If the User interrupts the Content during an automatic update or otherwise interferes with the installation of the update, the Content may be damaged and/or stop working.

6.3 Because the Service is constantly evolving, Enigmap may require the User to accept updates made to the Content 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 a “seen and liked” (“as is”) basis, without further warranties and as available. Enigmap and its licensors make no express warranties of any kind regarding the Service, the qualities and characteristics of the chosen game, and as to the manner in which the User decides to take part in the game.

Enigmap is not obligated to provide assistance of any kind. To the extent permitted by law, Enigmap and its suppliers disclaim any express warranties that the Service will be saleable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, and compliant therewith. Enigmap does not warrant that the Service will meet User requirements, nor that it will be error-free, reliable, uninterrupted, including as a result of platform issues, available at all times. In particular, Enigmap does not guarantee that the Service will meet the User’s requirements in the case of a game in which the User is expected to interact with the space around the User.

Enigmap also does not guarantee that the results, if any, obtained from use of the Service (including any support services) will be effective, reliable, accurate, or meet the User’s requirements. Nor does it guarantee that the User will be able to access or use the Service (directly or through third party networks) at times and places of his/her preference. No information or suggestions provided, in oral or written form, by representatives of Enigmap shall constitute a warranty. We may discontinue or change any service or functionality of the Service at any time and without notice. You may be eligible for additional consumer rights under local regulations, which this agreement cannot change and which Enigmap nevertheless agrees to comply with.

7.2. The sole and exclusive remedy provided for any dispute against us is to discontinue your use of the Service. In no event shall our liability for any claim relating to your use of the Service exceed the total amount of payments made by you for use of the Service.

7.3. Enigmap, its affiliates, suppliers and licensors shall not be liable to you 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 business interruption or other intangible losses (or however such losses are defined) arising out of or in any way related to your access to and use of the Service and your rights under these Terms of Use or any other applicable terms, whether based in contract or tort, whether or not enigmap has been advised of the possibility of such damages. Because 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 of Italy, you are proceeding on your own initiative and are responsible for compliance with local laws.

This is without prejudice to the limitations of liability and damages set forth elsewhere in these terms and conditions.

7.5. If you believe that your copyright or other intellectual property rights (“IP rights”) have been infringed by/on the Service, please notify us immediately by sending us:

• physical or electronic signature of the IP right holder or the person authorized to act on behalf of the holder.
• Description of the IP right that the User believes has been violated and description of the violation.
• identification of the place where the copyrighted work is stored, either in the original or in an 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 excerpt of documentation proving registration.
• if the User does not own the IP right, a copy of the license by which the User is granted the right to use and protect that IP right.
• identification of the URL or other specific location within this site where the infringing material appears; this information should be specific enough to allow us to identify the material in question.
• Full name and contact information.
• statement of good faith that the use that is the subject of the alleged infringement was not authorized by the copyright holder, its agent, or the judicial authorities.

7.6. Subject to and without prejudice to User’s full liability and indemnification obligations set forth in this Agreement, Enigmap shall not be liable for any loss of profit, or for any special, incidental, indirect, consequential or punitive damages, in any form, arising out of or relating to this Agreement. Upon our request, you agree to defend, hold harmless, and indemnify Enigmap against all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of the Service. 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 agreement, as well as any additional terms, policies, regulations, and guidelines posted on the Service, constitute the entire agreement between you and Enigmap and supersede all prior agreements in oral or written form. If any portion of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect as closely as possible the original intentions of the contracting parties, while the remaining portions shall remain in full force and effect.

8.2. You agree that we may send, in electronic format, notices, agreements and other necessary information regarding the Service. If you no longer wish to receive such communications in electronic format, please discontinue use of the Service and/or delete the Service from your computer or device.

8.3. We may change these Terms of Use, in which case we will notify you through the Service. The most recent version of these Terms will always be available through the Service. It is your responsibility to periodically check for any changes to these Terms of Use. By continuing to use the Service after any changes made to the Terms of Use take effect, You effectively agree to the new terms.

8.4. Under these terms, Enigmap shall not be held in default in the event of any termination, 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, acts of nature, labor disputes civil unrest, war (officially declared or otherwise), or inability to sufficiently obtain supplies, transportation, or other goods or services essential to the conduct of its business, or any change or adoption of any law or regulation (circumstances all considered to be “force majeure”).

8.5. User acknowledges that the rights granted and obligations described in these Terms of Use with respect to Enigmap are unique and irreplaceable in nature, the loss of which would be such as to irreparably damage Enigmap and which cannot be repaired solely by means of economic compensation, to such an extent that, in the event of a breach or attempted breach by User, Enigmap would be entitled to seek injunctive or other equitable relief (without the obligation to post any bond or security or proof of damages suffered).

You irrevocably waive your right to seek injunctive or other equitable relief, or to force or block the operation of the Service or Enigmap’s games, to exploit advertising or other materials posted in connection therewith, or to exploit the Service or any content or other materials used or displayed through the Service, and agree to limit your claims to monetary damages.

8.6. Should any of the provisions of these Terms be or become void or ineffective under applicable law, the invalidity or ineffectiveness of such provision shall not cause ineffectiveness of the remaining provisions, which shall therefore remain valid and effective. In such a case, the parties shall nevertheless endeavor to amicably identify a valid and effective provision to replace the void, invalid or ineffective provision.
In the event of failure to agree within the aforementioned time limits, if permitted or provided for by applicable law, the void, invalid or ineffective provision shall be replaced by the applicable statutory provision.

Notwithstanding the above, the nullity, invalidity, or ineffectiveness of a specific provision of these Terms does not result in the nullity of the entire Agreement, unless the null, invalid, or ineffective provisions under the Agreement are essential or of such importance that the parties would not have entered into the agreement had they known that the provision would be invalid, or in cases where the remaining provisions would impose an undue and unacceptable burden on one of the parties.

8.7. These Terms of Use shall be governed by the law of the place where Enigmap’s registered office is located, as set forth in the relevant section of this document, without regard to conflict of law rules.

8.8. Notwithstanding the foregoing, if the User acts as a European Consumer and is ordinarily resident in a country whose law provides for a higher level of consumer protection, such higher level of protection shall prevail.

9. Jurisdiction

9.1. Exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms of Use shall lie with the courts of the place where Enigmap has its registered office, as set forth in the relevant section of this document.

10. Dispute resolution

10.1. Users may report any disputes to the Owner, who will attempt to resolve them amicably. To the extent that this does not affect the Users’ right to take legal action, in the event of disputes concerning the use of the Service, Users are requested to contact Enigmap at the contact details set out in this document.

10.2 The User may address a complaint to Enigmap’s email address as set out in this document, including a brief description and, if applicable, details of the order, purchase or account affected.10.3. The European Commission has introduced an online platform for alternative dispute resolution that facilitates out-of-court settlement of disputes relating 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.