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TERMS AND CONDITIONS

1. Preamble

The provision of the "Dunkest" Online Gaming Service to the User by Fantaking Interactive S.r.l. ("Fantaking Interactive"), with registered office at Via San Zeno 145, 25124, Brescia (BS), VAT No. 03549330987, email info@fantaking.it, is governed by these general terms and conditions ("Terms and Conditions").

2. Definitions

The following terms and phrases shall have the meanings set forth below, it being understood that terms defined in the singular shall also be understood as defined in the plural and vice versa.

  • "Application": shall mean the "Dunkest" application made available by Fantaking Interactive to Users within the Apple Store and Google Play platforms;
  • "Agreement": means the agreement entered into between Fantaking Interactive and the User in accordance with these Terms and Conditions;
  • "Game" or "Service" means the "Dunkest" service provided by Fantaking Interactive to registered Users through the Application in compliance with the Rules and official documentation published by Fantaking Interactive also within the Website, and the features from time to time made available by Fantaking Interactive and published within the Application;
  • "Participant": means the user who takes part in the game as a result of Registration;
  • "Registration": shall mean the procedure made available by Fantaking Interactive in the Application for the purpose of creating the User account necessary to access the Game;
  • "Rules": shall mean the official Rules, made available by Fantaking Interactive within the Application and/or the Website, governing and regulating the Service;
  • "Web Site": means the site available online at: https://www.dunkest.com;
  • "User": means the natural person (consumer) who, following the successful Registration of his/her Data and acceptance of these Terms and Conditions, uses the Service.

3. Contract execution and acceptance of the Terms and Conditions

The Contract between Fantaking Interactive and the User is concluded exclusively through the Internet, remotely, following the User's successful Registration.

By registering, the User declares that he/she (i) has read, understood and accepted these Terms and Conditions and the Rules, (ii) has read the privacy policy rendered by Fantaking Interactive and (iii) wishes to provide his/her data.

The User, in order to register shall:

  • punctually fill in the registration form made available in the Application by providing complete, true and accurate data and select his/her access password (even if the User connects through his/her social account);
  • tick the box relating to the "Terms and Conditions" for acceptance;
  • read the privacy policy for the processing of personal data made available by Fantaking Interactive and tick the relevant box to provide their data;
  • send Fantaking Interactive the Registration form by clicking on the "Register" function available in the Application, so as to formalize your registration request and allow Fantaking to provide the Service.

Following Fantaking Interactive's receipt of the registration request, the User will receive an email confirmation of successful Registration, which will allow the User to access the Game via his/her credentials or, in case of Registration via social account, to access the Game after logging in via his/her social account.

4. In-App Purchases

The Service allows Users to make (optional) in-App purchases for the purpose of enhancing their gaming experience, subject to the terms of the Rules.

The payment of in-App purchases is made through the in-App payment services provided by Google Play/Apple Store, directly between the User and such providers, under their terms and conditions.

The activation of the benefits will take place within 24 hours after Fantaking Interactive receives the payment, except in the case of delays caused by technical problems. In the event of a delay in the activation of benefits, the User may contact Fantaking Interactive and request assistance at the addresses indicated in clause 12.

5. Access and use of the service

The User will be responsible for any expenses, including internet connection, that he/she may incur to access the Service.

Limitations on Use of the Service:

  • The User (and/or the person exercising parental responsibility) assumes full responsibility for any misuse of the Service and/or use not authorized by applicable law;
  • Fantaking Interactive is not liable for any accounts created using a false identity or false information, through social accounts owned by third parties and/or on behalf of someone other than the User;
  • The User must use the Service for non-commercial purposes only.

Registration requires the input of the User's data, which will be processed in accordance with data protection regulations. The User acknowledges that the account constitutes for Fantaking Interactive the system of validation of the User's access to the Service and the only suitable means of legitimizing access to the Service. The User therefore agrees and acknowledges that all acts performed through the account assigned to them will be binding on them. The User acknowledges and accepts that, should he/she provide inaccurate, untrue and/or incomplete data during Registration, Fantaking Interactive may be prevented from executing the Service. In any case, Fantaking Interactive reserves the right not to activate and/or deactivate the Service, without notice, until the User corrects/updates the data entered.

The User assumes all liability to Fantaking Interactive and/or third parties for acts performed through his/her account.

By signing these Terms and Conditions, the User agrees to be responsible for all content posted or transmitted in any way in the use of the Service. Fantaking Interactive assumes no responsibility for the conduct of any User, nor is it obligated to monitor the content uploaded by such User. Information provided through the Service may be used by Fantaking (i) in the event that Fantaking Interactive is required to provide the information by order of the Judicial Authority, (ii) to satisfy any applicable law or regulation, and (iii) in order to protect Fantaking Interactive's rights in and out of court.

6. Credential security and data update

The User's login credentials are confidential and must be kept by the User, who will be required to take appropriate security measures aimed at their safekeeping.

The User shall update and modify the data provided during Registration so that they are constantly updated, complete and true by accessing his/her personal area.

The User will be able to update and modify his/her access credentials within his/her personal area.

7. Intellectual Property

The intellectual and industrial property rights, including the contents, materials, works published and made available in the Service or otherwise present in the Application - including, without limitation, trademarks, distinctive signs, images, catalogs, sounds, photographs, databases, press releases and documents in general reproduced, as well as application software, html codes - are the exclusive property of Fantaking Interactive and/or third party licensors.

The provision of the Service does not imply the transfer of ownership of any intellectual and industrial property rights owned by Fantaking Interactive and/or third party licensors to the User.

The User agrees to respect such rights and not to engage in any conduct that may cause, even potentially, an infringement thereof.

The User agrees to immediately report to Fantaking Interactive any infringement, even potential or suspected, of the intellectual property rights of Fantaking Interactive and/or third party licensors.

8. Compliance with the Rules

The User agrees to read and abide by the Rules and in each case the Terms and Conditions and any other directions/communications/instructions made available by Fantaking Interactive within the Website and Application.

9. Awards

The Game will provide prizes for Users in accordance with the Rules.

10. Warrantiy

Fantaking Interactive undertakes to provide the Service in compliance with the provisions of the Terms and Conditions and the Rules. The User acknowledges and recognizes that during the duration of these Terms and Conditions of Services, interruptions may also occur for maintenance and/or technical interventions, which, as far as possible and except in case of force majeure, will still be communicated to the User.

Fantaking Interactive assumes no responsibility for inefficiencies attributable to force majeure or fortuitous event. Fantaking Interactive shall not be liable to the User, except in the case of willful misconduct or gross negligence, for inefficiencies or malfunctions related to the use of the Internet outside of its control or that of its subcontractors.

In the use of the Service, the User agrees not to use expressions contrary to public order, morality and decency and also agrees to immediately report to Fantaking Interactive the possible presence of messages or communications in violation of these canons by other users.

In particular, Fantaking Interactive does not guarantee that:

  • the Service meets the User's needs and is fit for purpose;
  • the Service is uninterrupted, timely, secure, and/or error-free;
  • results that may be obtained from the User's use of the Service are accurate and reliable;
  • defects are corrected;
  • the Application or the servers that make the Service accessible to the User are free of viruses or other harmful elements.

The User agrees to indemnify and hold harmless Fantaking Interactive and the companies it appoints to perform the Service from any claims and demands for compensation from third parties arising from the User's misuse of the Service, and/or in violation of and/or non-compliance with these Terms and Conditions and the Rules.

11. Suspension of the service

Fantaking Interactive may at any time discontinue the provision of the Service if there are justified security reasons or violations of the law, even ascertained by the competent authorities, as well as in case of conduct contrary to public morality and decency.

12. Comunicazioni e reclami

Any communication and complaint relating to the Terms and Conditions, the Rules and the Service as well as request for assistance must be made by the User through the form made available within the Application, the Website or in writing to the address: Fantaking Interactive - Via San Zeno 145, 25124 Brescia (BS) or to the e-mail address: info@dunkest.com.

13. Data Protection

The Parties undertake to comply with applicable data protection legislation.

The processing of the User's personal data is carried out in compliance with the information for the processing of personal data, made available by Fantaking Interactive at https://www.dunkest.com/privacy .

14. Modification of the General Terms and Conditions

These Terms and Conditions should be reviewed periodically by the User.

These Terms and Conditions may be updated, supplemented or amended at any time by Fantaking Interactive, which will provide notice thereof via the pages of the Website and such updates/amendments and/or supplements will be effective for any future purchases performed by the User during the Game.

There is a right to withdraw from the Service in case of non-acceptance of any changes that Fantaking Interactive may make to the Terms and Conditions or the Privacy Policy, by deleting your personal account in the "Profile" web page of your Personal Area present within the Application. In such case Fantaking Interactive, in the necessary time, will disable access to the Service and cease the processing of the User's personal data.

15. Applicable Law

This contract is governed by Italian law. Any dispute relating to the interpretation and execution of this contract shall be subject to the jurisdiction of the court of the place where the User, as a consumer, has his residence.

Should any of the provisions contained in the Terms and Conditions be deemed invalid, void or unenforceable for any reason whatsoever, such provision shall be deemed severed and shall not affect the validity and enforceability of the other provisions.