Terms
OF THE APPLICATION Gravity Override
These Terms and Conditions of Use of the Application (hereinafter the Terms of Use) are intended to apply to the application Gravity Override made available by Luigi Ciceri, email address dh.fr.android.game@gmail.com (hereinafter the “Licensor”), through the third-party platform Google Play Store (hereinafter the “Platform”), to the User who, following acceptance of this document, declares to comply with everything reported therein in the use of the service as described below. These Terms of Use are intended to apply exclusively with regard to the use of the APP and not to any other Sites/apps/links to which the User is redirected during the use of the APP (if there are advertising banners). These Terms of Use integrate and do not replace the terms of use of the Platform.
1. Service Descriptions
The APP is an application that allows the User, following download to their mobile device (hereinafter “Device”) in the terms and methods established by the Platform, without prejudice to what is reported in this document and based on the version of the APP as well as the configuration of the Device, to use the following services (“Services”):
- a) Mountain bike open world game;
- b) Use any other features following subsequent releases and/or optional paid services made available by the Grantor.
The service referred to in a) is made available by the Grantor free of charge, solely for the purpose of allowing the User to use the Service.
The APP is made available free of charge, as is, without any verification regarding functionality and/or accuracy. The data displayed within the APP may not be true / correct / updated / functional / reliable.
The APP and each of the Services may be protected under the applicable legislation in force and in any case protected under the law protecting copyright. Any distinctive signs, trade names, trademarks, denominations, images, contents, elements, present in the APP are and remain the exclusive property of the Licensor and are made available to the User solely to execute these Conditions of Use.
2. Rights and obligations of the User. Indemnity.
The User:
- declares to be of age or in any case the minimum age to download the APP and use the Service;
- is exclusively responsible for all data entered into the APP;
- by carrying out the activity referred to in letter a) grants the Grantor a license without territorial limits, non-exclusive, non-revocable, free of charge for the use, copying, reproduction, processing, adaptation, modification, publication, transmission, display and distribution of the data entered in the use of the Service;
The User is prohibited from:
- reproducing, duplicating, copying, selling, reselling or exploiting in whole or in part the APP and/or, if applicable, the Service beyond the terms indicated in this document;
- performing reverse engineering, decompiling, disassembling, modifying or creating derivative services/apps based in whole or in part on the APP and/or, if applicable, on the Service beyond the terms indicated in this document;
- circumventing computer systems or using any robot, spider, application as well as device, process or automatic means to access, retrieve, scrape or index any portion of the APP and/or, if applicable, the Service;
- rent, license or sublicense all or part of the APP and/or, if applicable, the Service;
- disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
- use all or part of the APP and/or, if applicable, the Service beyond the terms indicated in this document;
In the event of violation of the provisions of these Terms, the User undertakes to compensate, without exception, all damages that the Grantor has suffered as a consequence of the aforementioned conduct and also undertakes from now to hold the Grantor harmless and indemnified from any and all liability, compensation, request, indemnity to which the latter may be exposed due to the aforementioned conduct.
Without prejudice to the provisions of the preceding paragraph as well as the following article, the User has the right to withdraw at any time from the use of the APP by eliminating the latter. The exercise of the right of withdrawal does not exclude the User’s liability in the event of violation of the applicable legislation and these Conditions. Without prejudice to the provisions of paragraph 1 third subparagraph, within the terms of technical feasibility and in any case excluding the data acquired by the Platform through the use of the Services, the Grantor undertakes to remove the User’s data present in the APP. Under no circumstances may the Grantor intervene on the data that the User has saved on his/her Device through the use of the APP.
3. Rights and obligations of the Grantor. Limitation of liability.
The Grantor:
- Reserves the right, at any time and without any reason, to suspend, interrupt, revoke access to the APP as well as to the individual Services, temporarily and/or permanently;
- Reserves the right to permanently delete the APP at any time. In such cases, the Grantor undertakes to delete any User data present within the APP and/or if technically possible and not excessively onerous, will act to allow Users to retrieve the information entered within the APP;
- It undertakes to respond to the User’s requests within a reasonable time.
The Grantor:
- is a third party with respect to the Platform and cannot be held responsible for any malfunctions, errors, suspensions, interruptions of services as well as any conduct, even omission, that may affect in whole or in part the APP and/or the Services;
- It cannot be held responsible in any way in the event of impossibility, difficulty, delay in the use of the APP or in whole or in part of the Services as well as the availability of the APP and the Services, the correct functioning of the same;
- It cannot be held responsible in any way for any active or omissive conduct carried out by the User, by the person who has the Device at his disposal, by the Platform, by third-party entities/third-party apps reached through the use of the APP, by the Device.
4. Applicable law and competent court
These Terms of Use are governed by Italian law. In the event of disputes regarding the interpretation, execution and validity of these Terms of Use, the court of the Licensor has exclusive jurisdiction, with the latter being entitled to summon the User to the court of the latter. The exclusive court of the consumer is an exception, if the User has such qualification and in cases where the law requires it. The European Commission has established an online platform that provides an alternative dispute resolution tool. This tool can be used by the European consumer to resolve in a non-judicial manner any dispute relating to and/or arising from contracts for the sale of goods and services stipulated online. This legal text is a mere translation the original, therefore it is only for information purposes. The original italian text is legally binding in case of disputes.