TERMS AND CONDITION „spox.dunkest.com ®“

1. Preamble

By accessing the website www.dunkest.com (hereinafter referred to as the „Site“) you agree to the Terms of Service below and the information pertaining to this Site and all the materials it contains.

Terms of Service (also referred to as „Terms and Conditions“) described below apply to the Service (as defined below) provided by Webentually Srl (registered office in Brescia – Via Oberdan 140 – hereinafter referred to as „Webentually“) to the Site www.dunkest.com.

By using the Service you agree to be bound by the Terms and Conditions and give your consent to the collection, use and conservation of the information provided, as indicated in the Privacy Policy.

Webentually reserves the right to change, modify, add, or remove portions of these Terms and Conditions and the Privacy Policy at any time by posting the amended terms on the Service. Such changes shall be deemed accepted by continuing to use the Service.

Withdrawal option from the Service is foreseen in the event of non-acceptance of any changes that were made to Webentually Terms and Conditions or Privacy Policy, by deleting your personal account on the web page „Personal Data“ in your Personal Area. In this case, the Service Provider, in the time needed, will disable access to the Service and terminate User personal data processing.

The Preamble is an integral and essential part of these Terms of Service.

2. Subjects of the contractual relationship – Definitions

These Terms of Service govern the contractual relationship between the company Webentually Srl (hereinafter also referred to as “ Webentually „), with registered office in Brescia , Via Guglielmo Oberdan n. 140 and any user interested in using the Service provided by www.dunkest.com Website (the „Site“), as defined below.
In these Conditions of Service, the following terms have the meanings specified below:

  • User: is defined as the natural person who, after truthful and correct registration of his data and acceptance of these Terms of Service, takes advantage of the Service;
  • Participant: is defined as the User who participates in the game after recording;
  • Site: means the website called „www.dunkest.com“;
  • Registration: procedure for the creation of the account and the collection of user data with the explicit acceptance of the Terms of Service and Privacy Policy. Once Registration is successfully completed, the User will receive an e-mail confirming the registration at the e-mail address provided;
  • Service Provider: means the company Webentually;
  • Game: means the interactive activities offered on the Site to registered users consisting of the opportunity to participate in on-line virtual simulation called Fantasy Basketball (and to perform all related activities) according to Regulation (as defined below) available on the same site;
  • Regulation: means the Regulation on the Site, which governs the rules of the game, which is accessible on the website www.dunkest.com
  • Service: means the access to the Game prepared and offered by Webentually on the Site, which allows the User to register and create a personal account on the site www.dunkest.com in order to participate in the Game;
  • Part or Parts: means individually or collectively Webentually or User;
  • Privacy Policy: means the Code for the protection of personal data approved by Decree. n. 196 dated 30.6.2003.

3. Subject to the term of service

The service is free and allows Users to register and create a personal account with which to play the Game, as disciplined by the Rules. These Terms of Service are subject to access to the Game on the Website, with the option for the User to enter in the registration section in the manners specified in the Rules.

The access to the Game, subject to these Terms of Service, will be free of charge. Some options or additional features may be subject to a payment. Below are specified the differences between the free and paid access to the game :

  • Access to the Game „Basic“: a User registers to the Site and accesses the game for free.
  • Access to the Game „Premium“: a User registers to the site and accesses the game by sending a payment in favor of Webentually Ltd. The payment varies depending on the type of account selected. The “All- Star” Premium account has a cost of 6.99€ and the “MVP” Premium account has a cost of 9.99€.
  • Access to the Game “Single advantages”: the user registers to the site and accesses to the game by sending a payment in favor of Webentually Ltd. The payment varies depending on the singular advantages selected. The duration of the „Premium“ account and of the single advantages is specified in Article 4 of the Terms. The advantages of the „Premium “ accounts are listed in the Rules.

The User can use the Service by an Internet browser linked to a Internet connection without the need to install specific programs .

4. Lenght of Service

The access to the game „Basic“ is free and has no time limit.

The activation of the „Premium“ accounts runs from the date of receipt of payment by Webentually Ltd, which undertakes to introduce the advantages provided for in art. 2 within 24 hours from the receipt of payment. The account „Premium“ or the single advantages will be valid until the date of the last game played in the NBA Basketball Championship, 2015-2016 season (which will take place approximately in the month of April 2016).

If the User does not intend to make use of the „Premium “ accounts or of the single advantages for the duration agreed upon , Webentually Srl will disable the Service following the sending of an express request by the User at the email address: info@dunkest.com. In the event of an early termination of the „Premium“ accounts or of the single advantages, the User can not request a refund of the amount paid if he has used the service for more than 14 days from the receipt of the payment by Webentually Ltd .

After a period of 14 days (starting from the 15th day) the refund execution will be at the discretion of Webentually Ltd.

5. Access to and use of the service

The User will be liable for any cost, including Internet connection, which is borne to access the Service.
Restrictions on Use of Service:

  • User assumes full responsibility for any misuse of the Service by minors;
  • Webentually is not liable for any account created using a false identity or false information, or on behalf of someone other than the User;
  • User must use the Service only for non-commercial purposes.

User must fill out the Registration card. The registration requires the inclusion of User data that will be processed in accordance with the Privacy Policy.

Upon registration, the User must provide an Email and a Password. User has the right to change the password. User acknowledges that Email and Passwords constitute the system for validation of access to the Service and constitute the only adequate means to legitimize the User to access the Service. User therefore acknowledges and agrees that all acts performed through use of e-mail and password assigned to it shall be binding on him.

User can update personal data provided during the Registration in order to keep it constantly updated, complete and truthful.

User acknowledges and agrees that, in the event that, during registration, the data provided by himself are inaccurate, untrue and / or incomplete Webentually will find it impossible to execute the Service. In any case, Webentually reserves the right not to activate and / or deactivate the Service without any notice until the User fails to correct the data entered.

The User assumes all responsibility with respect to Webentually or third parties for any action taken by Email and password assigned to it. The User is obliged to keep Email and Password in strict confidence and to keep the same with utmost diligence.

By signing these Terms and Conditions, the User agrees to be responsible for all content published or transmitted in any way via the Service. Webentually assumes no responsibility for the conduct of any User, and is not obliged to monitor the contents loaded by the User.

The information provided through the Game may be disclosed (i) in case Webentually is obliged to disclose information by order of the Judicial Authority, (ii) in order to satisfy any applicable law or regulation, and (iii) in order to protect Webentually rights.

The User acknowledges and accepts that the information provided and related to the use of the Service, will be used and registered by Webentually in a special database protected in accordance with and in compliance with the Code on the protection of personal data referred to in d. lgs. no.196/2003.

You are invited to read the Webentually Privacy Policy carefully in order to allow User to make informed decisions.

6. License – Intellectual Property

The Site has been created by Webentually Srl – Via Oberdan 140, 25128 Brescia.
The Service (including, without limitation, any securities, computer codes, themes, objects, characters, characters’ names, stories, dialogues, catch phrases, concepts , artworks, animations, sounds, musical compositions, audio/ visual effects, methods of operation, moral rights, documentation) is owned by – or in any license or right of use – of Webentually, which reserves all rights, including, without limitation, all intellectual property rights or other proprietary rights, in connection with the Service.
All names of teams, players and logos are property of their respective owners.
Hereby, Webentually grants you a non -exclusive, non -transferable, revocable and subject to the limitations referred to in subsequent sections of these Terms and Conditions, to access and use the Service using a web browser (such as, for example, Microsoft Internet Explorer) only for personal and non-commercial purposes.
The Site is not affiliated with the NBA (National Basketball Assocation) or its other brands, teams, players and organizations.
Nothing that is contained in the Site is designed to grant any license or right to use names, logos, images, or trademarks. No act of downloading or otherwise copying or reproducing from the Website will transfer ownership to the User with regard to any software or material on the Site.
Except as stated above, the User is granted permission to view, store, print, reproduce and distribute any page or download any material from the Site for personal non-commercial use only provided that

  • User does not modify any of these pages or any of these materials and
  • User includes these Terms of Service at any reproduction.

Any use of the Service in violation of these Terms and Conditions is strictly prohibited, and may result in the immediate revocation of the license. In addition, the license will be revoked if it is established that the use of the Service does not comply with the spirit of the same, or is in any way improper, or used as a mean to defraud the Law. Any attempt of tampering, hacking or fraud will be prosecuted by law.

7. Game

For the Game published on the Site, the following rules apply:

  • by accessing and participating in the Game, the Participant agrees to accept to participate in the game according to the Terms of Service, the Regulations and any other material related to the Game published on the Site.
  • Any request to participate in the Game must be performed by an individual (the “ Participant “ or „Participants“ ) through the electronic form of registration to the Site. Access and participation are free.
  • Webentually reserves the right to refuse acceptance of names on the registration form if they are considered, at the sole discretion of the same, inappropriate or offensive. The names which are not suitable will be deleted and the User will be assigned a name arbitrarily chosen by Webentually.
  • To the extent permitted by applicable law and in accordance with the Privacy Policy, by registering you allow Webentually and any third party authorized by Webentually to use the names and photographs of the User. In particular, Webentually intends to publish the winner’s name and, where available, a photo of the winner on the homepage of the Game and on the Facebook page www.facebook.com/DunkestFantasyBasketball. By participating in the Contest, each Participant explicitly agrees, if he wins the game and if requested by Webentually, to the publication of his name and, if available, a photo.
  • The information material relating to the Game (including instructions for this competition and for the method of assignment of points) and the Regulations form part of these Terms of Service.
  • Webentually reserves the right to introduce new services in order to improve the Game. The details of these innovations will be announced on the website of the Game and will modify or change these Terms of Service. These changes will come into force on the date on which the relevant details will be published on the Site.
  • Webentually may, in its sole discretion, suspend a User, cancel any registration or modify these Regulations and/or the Terms of Service at any time or cancel the Game at any time in the event of circumstances beyond the control of Webentually or such action to be necessary. Participants agree that Webentually is not responsible for the consequences thereof and that the exercise of that discretion does not give rise to any consideration payable to any Participant or other person

Webentually reserves the right to take any decision on any issue relevant to the Game. Unless otherwise expressly stated, the material available on the Site should be used only for informational purposes. Webentually does not warrant that the materials available on the Site are appropriate or available for use in jurisdictions other than Italian. Participants who choose to access this Site from other locations do so at their own risk and are responsible for compliance with applicable laws and regulations.

8. Premi

Il Gioco prevede la messa in palio di premi per gli Utenti vincitori di Giornata e super premi finali per gli Utenti che, al termine del campionato di Stagione Regolare, si troveranno nelle prime cinque posizioni in classifica.

Le modalità di partecipazione al concorso sono indicate nell’apposito Regolamento consultabile sul sito.

9. Guarantees

By signing of these Terms and Conditions, User agrees that his use of the Service is under his sole responsibility, and is provided without warranty of any kind.

Any claim for damages relating to non-execution or suspension of the Service is excluded, unless it is proven negligence or bad faith of Webentually in fulfilling its obligations.

Webentually is not responsible for any delay or failure to perform resulting from causes beyond the reasonable control of Webentually, including any non-performance due to causes beyond its control (force majeure). The Service Provider is committed for the entire period of validity of the Terms of Service to put in place everything possible in order to ensure the functionality of the Service, taking into account the reduced level of responsibility in the performance due to the free nature of the relationship. In this regard, the User acknowledges and agrees that during the term of these Terms of Services may also occur interruptions for maintenance and / or technical measures, which to the extent possible and except in cases of force majeure, will be communicated to User.

The User agrees not to use expressions in the use of the Service contrary to public order, decency and morality and also undertakes to immediately inform the Service Provider if there are any messages or communications in violation of these royalties by other users. The User also agrees not to affect, impair or violate in any way the trademarks, logos, intellectual and industrial property rights and any other property, tangible or intangible, of the Service Provider.

In particular, Webentually accepts no liability and does not guarantee that

  • the Website and the services available on the Site will meet your requirements;
  • the services and features available on the Website will be uninterrupted, timely, secure or error-free;
  • the results that may be obtained from use of the Website and services on the Site will be accurate and reliable;
  • defects will be corrected, or
  • the Site or the servers that make it available are free of viruses or other harmful elements.

The material downloaded or otherwise obtained through the use of the services will be at the sole and absolute discretion and sole and exclusive risk of the User, who shall be solely responsible for any damage or loss of data that may be caused to his computer as a result of downloading such material.

User agrees to indemnify and hold harmless Webentually and the companies responsible for the execution of this service from any claim or claims for damages from third parties arising from misuse of the Service, or inconsistent with these Terms and Conditions.

 

10. Suspension of Service

Webentually may at any time stop providing the Service if there are justifiable reasons of safety or violations of law, even established by the competent authorities, and in the event of conduct contrary to public morals and decency.

Webentually reserves the right to suspend or cease the Service or modify at any time and without notice the terms of use of the same.

11. Prohibition of Assignment

The present Agreement and its related Service have a strictly personal nature and, consequently, User does not have the right to assign, in whole or in part, or to grant the same to third parties, without prior written consent of the Service Provider .

12. Communications

Any communication relating to this Agreement, shall be made by the User in writing and shall be deemed valid and effective once received at the following address of the Service Provider: Webentually Srl, Via Guglielmo Oberdan n . 140-25128 Brescia. Email: info@dunkest.com

13. Languages

These Terms of Service have been written in Italian and translated into other languages and are available on the Site. Participant acknowledges to have read, understood and accepted these Terms and Conditions and to be fully aware of the rights and obligations arising from them. In case of any discrepancy between the Italian version and its translations, Italian version shall prevail and this will be used to dissolve any doubt about the interpretation and / or application.

14. Applicable law and disputes

The relationship with the User under these Terms of Service is governed by Italian law.

Any cancellation and / or invalidity, in whole or in part, of one or more items, does not affect the other articles contained in these Terms of Service, which, consequently, shall be considered fully valid and enforceable.

Any legal dispute between the Participant and Webentually arising from the Game will be exclusively resolved and interpreted on the basis of Italian law. The place of jurisdiction will be the Special Court of Brescia.