TERMS AND CONDITIONS
General terms and conditions of service
1. Subject
1.1. Welcome to ENIGMAP – Italian Non-Profit Organization, with its registered office at Corso Giolitti 2, Cuneo (CN) – C.F. 96100930047 – P.IVA 04063900049, pec: enigmap@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 online games and mobile devices, as well as to other content offered, websites, and related 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 Enigmap's Privacy Policy, which is 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 agrees to 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 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 may not use the Service.
1.3. For the purposes of these Terms of Use, "User" refers to any individual who uses the Service.
2. Use of the Service. Registration and account.
2.1. Subject to the User's consent and ongoing compliance with these Terms of Use and any other applicable policies or terms and conditions, Enigmap grants the User the opportunity 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 purposes.
The User is solely responsible for paying the costs associated with purchasing games, as well as any costs incurred while using the Service through any wireless communication service or any other nature.
To purchase games, the User is required to create an account. Following the purchase, Enigmap grants the User a non-exclusive, non-transferable, non-assignable, revocable, limited license subject to the limitations specified later regarding access and use of the Service for non-commercial personal entertainment purposes.
For payment processing, Enigmap may use the services of third-party providers, as specified in Article 5.
2.2. By creating an account, the User confirms that they are at least 14 years old.
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 only one account 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 on behalf of third parties. If you notice that unauthorized access has been made to your Account, the User is requested to contact us immediately and change their access credentials right away. The User is solely responsible for the confidentiality of their access credentials and for any purchases made through their Account, whether authorized or not. If the User has specified their contact information, they agree to provide such data accurately and 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 required to remove data, content, or other publicly available information uploaded or published 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 parts thereof, if the User violates, or if Enigmap suspects that the User violates the Terms of Use, or in the case of misuse or illegal use of the Service, whether real or presumed, without prior notice. Enigmap is not in any way obligated to compensate the User for any losses or outcomes resulting from this, including, but not limited to, any benefits, privileges, or virtual items associated with the User's use of the Service.
3. Absence of advertisements and links to third-party content
3.1. In order to ensure an optimal entertainment experience, Enigmap states that the Service is free from any form of advertising or banners. No third-party advertisements will be shown before, during, or after the use of the games.
3.2. Despite the absence of advertisements, the Service may include external links to third-party websites or services, including links provided as results of automated searches or inserted to provide additional functionalities or insights. The presence of such external links does not imply that Enigmap endorses the corresponding third-party websites or services. The User acknowledges and agrees that Enigmap is not and will not be held responsible for the accuracy, security, 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 solely 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 considered violations of these Terms of Use or otherwise contrary to the spirit or purpose of these Terms of Use. Enigmap also reserves the right to take 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. All games offered within the Service allow the User to purchase a personal, non-transferable, non-assignable, 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 may manage, regulate, 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 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 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 processing the transaction (in which case, the payment screen will show which PSP is processing the payment). 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 can never be held responsible for the communication between the User and the PSP, and all information exchanged between the User and 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 such cases, the 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 using a PSP for payments within the Service, the User indemnifies Enigmap from any payment or other claims that the PSP may make as a result of a failure to execute a payment. In 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 agrees to all 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 connection with payments or the provision of services through the Service is subject to Enigmap's Privacy Policy. The User agrees to pay all applicable taxes and costs associated with their Account or the use of a registered Account by others in their name.
5.4. By purchasing Paid Services through the Service, the User waives the right to cancel purchases and request refunds for payments made, as the User's use begins at the time of provision, not at the time of first use of virtual items within a game.
5.5. Enigmap and/or its licensors may manage, regulate, control, modify, or eliminate Paid Services at any time, with or without notice. If this occurs, Enigmap and/or its licensors will not be held responsible to the User or any third parties.
5.6. Once payment for a Paid Service has been made, no right to a refund is guaranteed. Enigmap reserves the right to cancel and eliminate Paid Services purchased, in whole or in part, if:
In this regard, there are no rights to refunds or any other form of compensation 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 will be 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 remedy is the replacement or refund of the price paid, as determined by Enigmap.
6. Ownership rights
6.1. The Service includes numerous contents, trademarks, data, works, and materials from Enigmap and third parties (hereinafter collectively referred to as the "Contents"), including, but not limited to, logos, trademarks, look and feel, trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.
Unless otherwise specified in writing, all Contents are owned by, controlled by, or licensed to Enigmap or its licensors. All Contents are protected by copyright under copyright laws and/or other intellectual property laws to prevent unauthorized use. The User agrees not to copy, redistribute, publish, or otherwise exploit the Contents in violation of Enigmap's or third-party intellectual property rights.
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 related to the Account are and shall remain the property of and benefit Enigmap.
6.2. The User agrees to comply with all laws and regulations governing the use of the Contents. The User may not authorize or assist third parties in performing the prohibited operations in this paragraph. Enigmap reserves the right to automatically monitor and update the version of the Contents used by the User to improve performance and capabilities. If the User interrupts the Contents during an automatic update or otherwise interferes with the installation of the update, the content may become damaged and/or cease to function.
6.3. As the Service is continuously evolving, Enigmap may require the User to accept updates made to the Contents and the Service. Such updates may occur 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 express warranties of any kind regarding the Service, the qualities and characteristics of the chosen game, as well as regarding the ways in which the User decides to participate in the game.
Enigmap is not obligated to provide any type of assistance. To the extent permitted by law, Enigmap and its suppliers exclude any express 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, even due to platform issues, available at all times. In particular, Enigmap does not guarantee that the Service meets the User's desires in the case of a game in which the User is expected to interact with the surrounding space.
Enigmap also does not guarantee that any results obtained from using 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 locations. No information or suggestion provided, orally or in writing, by representatives of Enigmap 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 laws, which this agreement cannot modify and which Enigmap agrees to comply with.
7.2. The sole and exclusive remedy for any dispute against us is to stop using the Service. In no event shall our liability for any claim related 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 defined), arising from or in any way related to the User's access and use of the Service, as well as the User's rights under these Terms of Use or any other applicable terms, whether based on contract or tort, regardless of whether Enigmap was 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.
This does not prejudice the limitations of liability and indemnities established 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 requested to inform us immediately by providing:
7.6. Without prejudice to the User's full responsibility and the indemnification obligations established by 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 User's 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 published in the Service, constitutes the entire agreement between the User and Enigmap and supersedes all prior agreements, whether oral or written. If any part of these Terms of Use is deemed invalid or unenforceable, that part shall be interpreted in accordance with applicable laws 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 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 take effect, the User accepts the new terms.
8.4. Under these terms, Enigmap shall not be deemed in breach 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 (whether declared or not), or inability to obtain sufficient supplies, transportation, or other essential goods or services for conducting its business, or any change or adoption of any law or regulation (all circumstances considered as "force majeure").
8.5. The User acknowledges that the rights granted and the obligations described in these Terms of Use towards Enigmap are unique and irreplaceable, the loss of which would irreparably harm Enigmap and could not be repaired solely by means of economic compensation, to the extent that, in the event of a breach or attempted breach by the User, Enigmap would be entitled to seek injunctive or equitable relief of any kind (without the obligation to post any bond or guarantee or proof of the damage suffered).
The User irrevocably waives the right to seek 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 other nature published in connection 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 economic compensation.
8.6. If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which remain valid and effective. In such case, the parties will still 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 on the aforementioned terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulation.
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 within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
8.7. These Terms of Use are governed by the laws of the jurisdiction 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 a habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection prevails.
9. Jurisdiction
9.1. The exclusive jurisdiction to hear any dispute arising from or in connection with these Terms of Use lies with the Court of the location where Enigmap has its registered office, as indicated in the relevant section of this document.
10. Dispute resolution
10.1. Users may report any disputes to the Owner, who will seek to resolve them amicably. Without prejudice to the Users' right to initiate legal action, in case of disputes regarding the use of the Service, Users are requested to contact Enigmap at the contact details provided in this document.
10.2. The User may direct a complaint to Enigmap's email address, as indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or affected account.
10.3. The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court 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://ec.europa.eu/consumers/odr/
1.1. Welcome to ENIGMAP – Italian Non-Profit Organization, with its registered office at Corso Giolitti 2, Cuneo (CN) – C.F. 96100930047 – P.IVA 04063900049, pec: enigmap@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 online games and mobile devices, as well as to other content offered, websites, and related 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 Enigmap's Privacy Policy, which is 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 agrees to 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 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 may not use the Service.
1.3. For the purposes of these Terms of Use, "User" refers to any individual who uses the Service.
2. Use of the Service. Registration and account.
2.1. Subject to the User's consent and ongoing compliance with these Terms of Use and any other applicable policies or terms and conditions, Enigmap grants the User the opportunity 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 purposes.
The User is solely responsible for paying the costs associated with purchasing games, as well as any costs incurred while using the Service through any wireless communication service or any other nature.
To purchase games, the User is required to create an account. Following the purchase, Enigmap grants the User a non-exclusive, non-transferable, non-assignable, revocable, limited license subject to the limitations specified later regarding access and use of the Service for non-commercial personal entertainment purposes.
For payment processing, Enigmap may use the services of third-party providers, as specified in Article 5.
2.2. By creating an account, the User confirms that they are at least 14 years old.
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 only one account 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 on behalf of third parties. If you notice that unauthorized access has been made to your Account, the User is requested to contact us immediately and change their access credentials right away. The User is solely responsible for the confidentiality of their access credentials and for any purchases made through their Account, whether authorized or not. If the User has specified their contact information, they agree to provide such data accurately and 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 required to remove data, content, or other publicly available information uploaded or published 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 parts thereof, if the User violates, or if Enigmap suspects that the User violates the Terms of Use, or in the case of misuse or illegal use of the Service, whether real or presumed, without prior notice. Enigmap is not in any way obligated to compensate the User for any losses or outcomes resulting from this, including, but not limited to, any benefits, privileges, or virtual items associated with the User's use of the Service.
3. Absence of advertisements and links to third-party content
3.1. In order to ensure an optimal entertainment experience, Enigmap states that the Service is free from any form of advertising or banners. No third-party advertisements will be shown before, during, or after the use of the games.
3.2. Despite the absence of advertisements, the Service may include external links to third-party websites or services, including links provided as results of automated searches or inserted to provide additional functionalities or insights. The presence of such external links does not imply that Enigmap endorses the corresponding third-party websites or services. The User acknowledges and agrees that Enigmap is not and will not be held responsible for the accuracy, security, 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 solely 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:
- engage in actions that Enigmap deems to 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 tools for collecting and extracting data from the content; frame any part of the Service;
- reproduce, copy, alter, display, modify, translate, convert, publish, license or sublicense, transfer, distribute, or otherwise exploit the content available within the Service, without prior written permission from Enigmap;
- reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code of any software or other intellectual property used to provide the Service, nor 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 to avoid unauthorized reproduction or distribution of the content 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, trademark, trade secret, copyright, publicity, or other property rights;
- be contrary to law, threatening, abusive, harassing, defamatory, libelous, misleading, fraudulent, invasive of others' privacy, tortious, containing explicit or graphic descriptions or narratives of sexual acts, or pornographic;
- harass, degrade, or intimidate an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, or disability;
- impersonate individuals, 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 unauthorized use of a computer or computer network;
- encourage behaviors that may constitute a criminal offense or lead 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 considered violations of these Terms of Use or otherwise contrary to the spirit or purpose of these Terms of Use. Enigmap also reserves the right to take 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. All games offered within the Service allow the User to purchase a personal, non-transferable, non-assignable, 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 may manage, regulate, 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 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 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 processing the transaction (in which case, the payment screen will show which PSP is processing the payment). 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 can never be held responsible for the communication between the User and the PSP, and all information exchanged between the User and 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 such cases, the 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 using a PSP for payments within the Service, the User indemnifies Enigmap from any payment or other claims that the PSP may make as a result of a failure to execute a payment. In 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 agrees to all 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 connection with payments or the provision of services through the Service is subject to Enigmap's Privacy Policy. The User agrees to pay all applicable taxes and costs associated with their Account or the use of a registered Account by others in their name.
5.4. By purchasing Paid Services through the Service, the User waives the right to cancel purchases and request refunds for payments made, as the User's use begins at the time of provision, not at the time of first use of virtual items within a game.
5.5. Enigmap and/or its licensors may manage, regulate, control, modify, or eliminate Paid Services at any time, with or without notice. If this occurs, Enigmap and/or its licensors will not be held responsible to the User or any third parties.
5.6. Once payment for a Paid Service has been made, 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 their Account for 240 consecutive days, as previously established 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 regard, there are no rights to refunds or any other form of compensation 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 will be 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 remedy is the replacement or refund of the price paid, as determined by Enigmap.
6. Ownership rights
6.1. The Service includes numerous contents, trademarks, data, works, and materials from Enigmap and third parties (hereinafter collectively referred to as the "Contents"), including, but not limited to, logos, trademarks, look and feel, trade names, software, games, layouts, information, text, data, music, video, images, scripts, designs, graphics, button icons, instructions, and illustrations.
Unless otherwise specified in writing, all Contents are owned by, controlled by, or licensed to Enigmap or its licensors. All Contents are protected by copyright under copyright laws and/or other intellectual property laws to prevent unauthorized use. The User agrees not to copy, redistribute, publish, or otherwise exploit the Contents in violation of Enigmap's or third-party intellectual property rights.
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 related to the Account are and shall remain the property of and benefit Enigmap.
6.2. The User agrees to comply with all laws and regulations governing the use of the Contents. The User may not authorize or assist third parties in performing the prohibited operations in this paragraph. Enigmap reserves the right to automatically monitor and update the version of the Contents used by the User to improve performance and capabilities. If the User interrupts the Contents during an automatic update or otherwise interferes with the installation of the update, the content may become damaged and/or cease to function.
6.3. As the Service is continuously evolving, Enigmap may require the User to accept updates made to the Contents and the Service. Such updates may occur 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 express warranties of any kind regarding the Service, the qualities and characteristics of the chosen game, as well as regarding the ways in which the User decides to participate in the game.
Enigmap is not obligated to provide any type of assistance. To the extent permitted by law, Enigmap and its suppliers exclude any express 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, even due to platform issues, available at all times. In particular, Enigmap does not guarantee that the Service meets the User's desires in the case of a game in which the User is expected to interact with the surrounding space.
Enigmap also does not guarantee that any results obtained from using 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 locations. No information or suggestion provided, orally or in writing, by representatives of Enigmap 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 laws, which this agreement cannot modify and which Enigmap agrees to comply with.
7.2. The sole and exclusive remedy for any dispute against us is to stop using the Service. In no event shall our liability for any claim related 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 defined), arising from or in any way related to the User's access and use of the Service, as well as the User's rights under these Terms of Use or any other applicable terms, whether based on contract or tort, regardless of whether Enigmap was 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.
This does not prejudice the limitations of liability and indemnities established 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 requested to inform us immediately by providing:
- the physical or electronic signature of the IP rights holder or the person authorized to act on behalf of the holder.
- a description of the IP rights that the User believes have been violated and a description of the violation.
- identification of the location where the copyrighted work is stored, in original or authorized copy, such as the URL of the website where the work appears or the title of the book in which it was published or, in the case of registered trademarks, an excerpt of the documentation proving the registration.
- if the User is not the holder of the IP rights, a copy of the license granting the User 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.
- a good faith statement that the use subject to the alleged violation was not authorized by the copyright holder, nor by their agent, nor by judicial authorities.
7.6. Without prejudice to the User's full responsibility and the indemnification obligations established by 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 User's 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 published in the Service, constitutes the entire agreement between the User and Enigmap and supersedes all prior agreements, whether oral or written. If any part of these Terms of Use is deemed invalid or unenforceable, that part shall be interpreted in accordance with applicable laws 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 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 take effect, the User accepts the new terms.
8.4. Under these terms, Enigmap shall not be deemed in breach 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 (whether declared or not), or inability to obtain sufficient supplies, transportation, or other essential goods or services for conducting its business, or any change or adoption of any law or regulation (all circumstances considered as "force majeure").
8.5. The User acknowledges that the rights granted and the obligations described in these Terms of Use towards Enigmap are unique and irreplaceable, the loss of which would irreparably harm Enigmap and could not be repaired solely by means of economic compensation, to the extent that, in the event of a breach or attempted breach by the User, Enigmap would be entitled to seek injunctive or equitable relief of any kind (without the obligation to post any bond or guarantee or proof of the damage suffered).
The User irrevocably waives the right to seek 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 other nature published in connection 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 economic compensation.
8.6. If any of the provisions of these Terms should be or become null or ineffective under applicable law, the nullity or ineffectiveness of such provision does not cause the ineffectiveness of the remaining provisions, which remain valid and effective. In such case, the parties will still 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 on the aforementioned terms, if permitted or provided by applicable law, the null, invalid, or ineffective provision will be replaced by the applicable legal regulation.
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 within the Agreement are essential or of such importance that the parties would not have entered into the contract had they known that the provision would be invalid, or in cases where the remaining provisions would impose an excessive and unacceptable burden on one of the parties.
8.7. These Terms of Use are governed by the laws of the jurisdiction 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 a habitual residence in a country whose law provides for a higher level of consumer protection, that higher level of protection prevails.
9. Jurisdiction
9.1. The exclusive jurisdiction to hear any dispute arising from or in connection with these Terms of Use lies with the Court of the location where Enigmap has its registered office, as indicated in the relevant section of this document.
10. Dispute resolution
10.1. Users may report any disputes to the Owner, who will seek to resolve them amicably. Without prejudice to the Users' right to initiate legal action, in case of disputes regarding the use of the Service, Users are requested to contact Enigmap at the contact details provided in this document.
10.2. The User may direct a complaint to Enigmap's email address, as indicated in this document, including a brief description and, if applicable, the details of the order, purchase, or affected account.
10.3. The European Commission has introduced an online platform for alternative dispute resolution that facilitates the out-of-court 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://ec.europa.eu/consumers/odr/
