Condizioni
Terms and Conditions
Claudio Cavallini, Tax Code CVLCLD71T28G702Q, email "armadukx@yahoo.com" entitles all Users to download and use its exclusive property MaxiTicTacToe Application (hereinafter "Application").
Users are enabled to download the MaxiTicTacToe file directly. It is a variant of the thread game (in English "tic tac toe") that awards the player with the successful alignment of 5 signs (X or O) on a 20x20 boxes chart. The game can be played in PVP (Player versus Player) or PVE (Player versus Environment) mode.
This document lists the general terms and conditions under which users are offered the use of the gaming Application.
Users are encouraged to carefully read the terms and conditions (hereinafter "Conditions") before using the Application. The Controller reserves the right to modify, integrate or update, in whole or in part, these Conditions at any time and for any reason. Changes and updates will be binding as soon as they are published, so Users are encouraged to take note of the Conditions at every access to the Application.
Functional requirements specification
The Application is not currently supported by the Android operating system.
The Application is written in Java language and runs on Java Runtime Environment (JRE) operating systems such as Windows, Linux, macOS.
Game mode
Users can receive suggestions by the Application on choosing the right box or view the list of all the filled boxes from the beginning of the game to see the last box filled or rebuild the whole game.
In addition to the "X" and "O" signs, the "cannot be filled" box is provided in the same way as the black squares of the crossword puzzles.
At the beginning of the game screen the chart is completely empty, but Users are enabled to create assisted charts with some boxes already filled. Selecting the "Create / Edit Chart" command from the "Chart" menu will display four buttons that allow Users to set the boxes as "X sign", "O sign", "empty box" or "non-markable box" by clicking on the corresponding ones.
The charts Users customize can be saved and loaded into the Application's memory.
Terms and Conditions content
Continued use of or access to the Application constitutes acceptance of Conditions. In this regard, Users that do not accept Conditions or any other note, legal agreement, policy, or any document referred to, may not be entitled to use this Application and related services.
The applicable Conditions are those in effect on the date the product was downloaded.
The Controller reserves the right to change at any moment, even after the registration of the User, the graphical interface of the Application, the content and its layout, as well as any other aspect that characterizes the functionality and management of the Application, communicating to the User, if necessary, the relevant instructions.
Registration
The purchase of the Application is subject to registration by filling the relevant form with all the required data in a truthful and complete manner, and to the full acceptance of the Privacy Policy and these Conditions.
Users are required to retain the login credentials and to keep the Controller unharmed from any damage, compensation, obligation and/or sanction arising from and/or in any way related to the violation of the rules by the Users on the registration to the Application or the retention of registration credentials.
The Controller will not be held liable in the event of loss, theft, dissemination or unauthorized use of User login credentials by third parties.
In-app purchases
The purchase of products through the Application by underage Users must be reviewed and authorized by the parents or parental rights holders.
The purchase of Products through the Application is permitted to Consumer Users, recognized under art. 3, paragraph 1, lett. (a) of D. Lgs. 206/2005 ("Consumer Code"), and non-consumer Users.
The Controller commits to describing and representing the Products sold on the Application in the best possible way, but nevertheless there may be errors, inaccuracies or small differences between the Application and the actual Product.
Products, prices and terms of sale, within their availability, are not offered to the public; therefore, they must always be considered indicative and subject to confirmation expressed by email or by displaying the order confirmation page by the Controller, submitted to the availability of the chosen Product.
Users expressly give the Controller the right to accept the order even partially placed and the contract will be perfected in relation to the Products actually sold.
The payment of the Products can be made using the methods indicated on the Application at the time of purchase.
The Controller reserves the right to change, at any time, the price of the Application and any price changes will not in any case affect the contracts already concluded before the change.
Users agree to pay the price of the Product in the time and manner indicated in the Application and to communicate all the necessary data that may be required.
The Application uses third-party tools for processing payments and does not in any way come into contact with the payment information provided (number of credit cards, holder's name, password, etc.). Third-party websites used for processing payments act as data controller for any payment information provided.
If such third-party tools do not allow payment authorization, the Controller will not be able to provide the Products and cannot be held accountable in any way.
Conclusion of the agreement
The agreement entered into through the Application is meant to be concluded when Users receive formal confirmation of the order in the manner provided by the Application or third-party service providers.
The agreement ends at the place where the Controller’s legal office is located. The Controller reserves the right to refuse an order in the following cases:
1. when the product is not available;
2. when the Controller does not receive permission to charge the cost of the product by the payment manager;
3. when an evidently incorrect price is charged at the time of purchase. In this case, Users will be contacted by Customer Service to be informed and will receive a refund for the transaction made.
Orders can be canceled before the aforementioned confirmation is delivered by sending an email to "armadukx@yahoo.com"
Account deletion and closure
The registered Users can stop using the Application at any time and deactivate their account or request deletion through the Application interface, if possible, or by sending a written communication to the Controller at the email address "armadukx@yahoo.com"
In the event of a violation by Users of the applicable present Conditions, the Controller reserves the right to suspend or close the related account at any time and without previous notice.
Billing
Users will need to provide the billing information before payment. In the purpose of the invoice to be sent by the Controller, Users shall have sole responsibility for the legality, reliability, integrity, accuracy and quality of the billing information provided.
Intellectual Property rights
The Controller as the owner or the licensee owns all intellectual property rights in the Application and the software. Therefore, all trademarks and all other signs, trade names, illustrations, images, logos, or any content relating to the Application are and remain in the ownership of the Controller or its licensees and are protected by applicable copyright laws, other rights related to the same and/or other applicable laws and international treaties.
Any use of the content by the User not authorized by any license of use related to the Application and/or individual content and/or materials available there, is prohibited unless otherwise regulated.
Any reproductions in any form of the explanatory texts and Application content, if not authorized, will be considered violations of the Controller's intellectual property law.
Right of withdrawal
The payment determines the immediate execution of the contract and therefore the purchases are not subject to the right of withdrawal. For Consumer Users the right of withdrawal is excluded pursuant to art. 59, lett. (o) of D. Lgs. 206/2005 ("Consumer Code").
Disclaimer
The Application is provided “as is” and “as available” and the Controller makes no representations or warranties about the performance, reliability, accuracy or suitability for any purpose of the Application or the content or about software malfunctions, breaking, errors, viruses or bugs.
The Controller will work to ensure the use of the Application continuously 24 hours a day, but cannot be held responsible if the Application is not accessible and/or operational at any time and for any period. Access to the Application can be temporarily suspended without notice in the event of system failure, maintenance, repair and/or for any reason independent of the owner's wishes.
Users acknowledge and agree on keeping the Controller unharmed, unless he is guilty or malicious, from any obligation or liability including legal costs to defend himself in court, which may arise in the face of damages caused to other Users or third parties in connection with the uploaded content, violation of the terms of the law or of these Conditions.
The Controller will not be responsible for:
a)- disruptions or malfunctions related to the use of the internet outside the control of User or its suppliers;
b)- failure or incorrect operation on the operating systems "linux" or "macOS" present on the User's device or in general on any compatible operating system present on the User's device as a result of updates to the same installed by the User;
c)- damages, losses and costs incurred by Users as a result of the non-execution of the contract for reasons not attributable to User, having the User entitled only to the possible full return of the price paid and any additional charges incurred;
d)- fraudulent and unlawful use that can be made by third parties of credit cards, checks and other means of payment, at the time of payment, if User demonstrates that all possible precautions have been taken on the basis of the science and experience of the moment and on the basis of the ordinary diligence;
e)- incorrect or unsuitable use of the Application by Users or third parties;
f)- incorrect tax documents or information due to errors related to the data provided by the User who remains solely responsible for the correct entry.
Links to third-party sites
The Application may contain links to third-party sites or Applications over which it has no control and therefore the Controller is not responsible for the content of these sites or applications.
The Controller is not responsible for any services provided by third parties through their sites or applications linked to the Application, to which the Terms of Use provided by third parties apply.
Force Majeure
The Controller may not be held liable if it is prevented from or hindered or delayed in performing its obligations under this agreement, or from carrying on its business by circumstances beyond the reasonable control of the Controller due to events of Force majeure or, in any case, to unforeseen and unpredictable events and, in any case, independent of his will.
The Controller will carry out any act in his power in order to identify solutions that allow the proper fulfillment of his obligations despite the persistence of force majeure events.
Renunciation, disability and modification of individual clauses
No waiver by each party to an article of these Conditions will be effective unless it is expressly stated to be a waiver and is communicated in writing.
If any provision of these Conditions is illegal or invalid, it will not be considered as part of the General Conditions and this will not affect the remaining provisions that will continue to be valid to the maximum extent permitted by law.
The Controller reserves the right to change these Terms at any time by giving specific notice on the Application. Users acknowledge and accept that any changes to these Conditions will apply to orders submitted by Users after the date of notice of the Change of Terms.
Privacy
The protection and processing of Personal Data will take place in accordance with the Privacy Policy, which can be consulted on the website “https://www.ccsoftwork.com”
Applicable law and competent forum
The Conditions are subject to Italian law.
For Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Consumer User resides or has elected domicile, if located in the territory of the Italian State, unless the Consumer User prefers to take legal action other than that of the "consumer forum" ex art. 66 of the Code of Consumers, competent for territory according to one of the criteria referred to in articles 18, 19 and 20 of the civil procedure code.
The application to Consumer Users who do not have their usual residence in Italy is limited to the most favorable and unavoidable provisions provided by the law of the country in which they have their usual residence, in particular in relation to the term for the exercise of the right of withdrawal, the modalities and formalities of the communication of the same.
For Non-Consumer Users, any dispute relating to the application, execution and interpretation of these Conditions will be referred to the forum of the place where the Controller is based.
Online Dispute Resolution for Consumer Users
The Consumer User residing in Europe should be aware that the European Commission has set up an online platform that provides an alternative dispute resolution tool. This tool may be used by the Consumer User to resolve non-judicially any dispute relating to and/or arising from contracts to sell goods and provide services entered into on the network. As a result, the Consumer User may use this platform to resolve any dispute stemming from the online contract. The platform is available at “https://ec.europa.eu/consumers/odr/”
Last update: September 14, 2020