Terms and Conditions
GENERAL CONDITIONS OF USE OF DIGITALMOKA SERVICES
1. INTRODUCTION AND DEFINITIONS
These General Conditions are applicable to services provided through Digitalmoka’s sites, apps and social platforms (collectively “Services”).
The purpose of the Services is the offer of online games (hereinafter “Games” or, individually, “Game”), accessible through apps that can be downloaded from stores for mobile devices (hereinafter, simply “Apps”) or through online gaming platforms connected to social networks (hereinafter, simply “Social Platforms”).
The Games can also be reached by selecting the corresponding hyperlinks to the Apps and Social Platforms, present on the following sites (hereinafter “Sites”):
The owner of the Sites and Apps and the Service provider is the Company “Digitalmoka S.r.l.”, with registered office in Via Ostiense 387b 00145 Rome, VAT No. 12303201003 (hereinafter “DIGITALMOKA” or “Supplier”).
By using the Services, the User declares having read and expressly accepted these General Conditions of Use (hereinafter, “General Terms and Conditions”).
For the purposes of these General Terms and Conditions:
- “User” means any user of the Services;
- “Content” and “Features” mean the content and features offered to the User through the Services (better specified in par. 2);
- “Chat” (not present in all Services) means a conversation in real time between multiple Users participating in a game, consisting of an exchange of written messages that can be viewed on the monitor of the device used by each User;
- “Exclusive Chat” (not present in all Services) means a Chat, as defined above, which can take place between Users who are not participating in a game;
- “DIGITALMOKA Account” means an account that Digitalmoka assigns to the User the first time they access through their device;
- “DIGITALMOKA Profile” means the User’s profile relating to their DIGITALMOKA Account;
- “Social Account” means a personal account of the User on a Social Platform (e.g. Facebook).
2. CONTENT AND FEATURES OF THE SERVICES
The Services can be used through Apps that can be downloaded for free from stores for mobile devices (eg. App Store or Google Play Store) or Social Platforms (eg. Facebook).
The use of the Services is permitted to Users who have reached 14 years of age, with the exception of purchases in real currency, for which reaching the age of majority is required (see par. 4).
Access to content and use of the features of the Services is available to Users without prior registration.
When Services are used through the App, an account will be automatically assigned to the User the first time they access through their device (DIGITALMOKA Account). It should be noted that the creation of the DIGITALMOKA Account does not involve the collection of personal data of the User, who is identified by means of an ID associated with the device used. Users can change their nickname: in this case, the use of pseudonyms or invented names is recommended, in order to avoid the identification of the User. If, in any case, the nickname chosen by the User contains personal data relating to them, such as to allow identification, the same data will be processed by DIGITALMOKA as Data Controller, in compliance with the legislation on the protection of personal data and, in particular, of Regulation (EU) 679/2016 (see par. 5).
To use the Services through the Social Platform, access to the User’s personal account (Social Account) is required. In this case, the nickname associated with the User’s Social Account will be changed, in order to avoid direct identification. The profile picture relating to the Social Account, however, will not be changed and can be viewed by other Users. In the event that this image allows the identification of the User and is, therefore, qualifiable as personal data, DIGITALMOKA will carry out the related processing as Data Controller, in compliance with the legislation on the protection of personal data and, in particular, of the Regulation (EU) 679/2016 (see par. 5).
Furthermore, the User has the possibility of associating their Social Account with the DIGITALMOKA Account, in order to obtain some advantages connected to the use of the Services, as better specified in par. 4．
By accessing and / or using the Games through the App or Social Platform, the User accepts that the data relating to their DIGITALMOKA Account or acquired through the association of their Social Account (including, for example, nickname, avatar, photograph, scores, ranking, country in which it is located, online / offline status, etc.) are viewed by other Users.
The Services include a variety of content and features, the availability of which may vary depending on the Game, such as, for example:
- chat for the exchange of opinions and suggestions between Users;
- customer care service, which may include, for example, a list of frequently asked questions relating to the use of the Sites, Apps and Social Platforms (FAQ) with the corresponding answers, contact forms to request information, send suggestions and report issues, etc.;
- game rankings, in which the User can view their own positioning and that of other players;
- list of opponents;
- game and Service use options;
- options for modifying the profile relating to the DIGITALMOKA Account, viewing levels and game progress, purchasing Virtual Money and viewing virtual credit;
- access to the virtual catalog of the other Games accessible through the App or Social Platforms;
- virtual shop for the purchase of Virtual Goods, Virtual Money or Subscriptions;
- creating lists of friends.
Some of the Games allow you to play against an opponent or together with other players chosen by the User or selected by DIGITALMOKA randomly or according to criteria based on the information associated with the DIGITALMOKA profile (for example, past scores, country of residence, level achieved in the game, etc.). Should they be invited to play, the User can choose whether to accept or decline the invitation received. Furthermore, the User is able to invite one or more contacts on the Social Platform to play or to share a link to the Game to their personal contacts (for example via e-mail, WhatsApp etc.) to invite them to use the Services. Please note that the names and contact details (e.g. e-mail address, telephone number, etc.) of the contacts to which the User can share links or to whom he can send personal invitations to the Game cannot be viewed by other Users.
The use of the Services through the App and Social Platforms includes the possibility for the User to purchase paid services available by accessing their DIGITALMOKA Account (for more details, please refer to the following par. 4).
The Sites, Apps and Social Platforms may include hyperlinks to content (such as, for example, websites, applications, and online services) managed by third parties, including advertisements and / or promotions. DIGITALMOKA does not exercise any control over external content accessible through links and therefore cannot be held responsible for any damages, direct or indirect, suffered by the User from access and / or use of content and / or services provided by third parties, reached through such hypertext links.
3. USER OBLIGATIONS AND RESPONSIBILITIES
DIGITALMOKA cannot be held responsible for any damages suffered by the User due to improper use or unauthorized access to their DIGITALMOKA Account (e.g. purchases made in the App by unauthorized third parties), regardless of whether the damage-producing conduct is voluntary or dependent on external factors (e.g. unauthorized access by third parties).
The User is exclusively responsible for any content shared through the use of the Services (for example nickname chosen by the User or photo associated with the account) or inserted in the Chat. The User, therefore, undertakes to indemnify and hold DIGITALMOKA harmless from any third party claim, deriving from the content and, in general, from any other data, whatever the manner or form of representation (textual, graphic, audiovisual, multimedia etc.) transmitted, disclosed, exchanged or made available by the User him/herself through the use of the Services or entered in the Chat.
The entry of contents protected by industrial or intellectual property rights belonging to third parties is allowed to the User after obtaining any necessary consent from the legitimate owner(s), under the conditions and within the limits established by them.
The User is, however, obliged to share only the contents of which he/she can legitimately claim ownership, without prejudice to DIGITALMOKA’s exemption from any liability connected to the ownership and legitimate use of the same.
It is also strictly forbidden to enter illegal content or content that encourages illegal behavior (including, by way of example, content that is deceptive, offensive, harassing, defamatory, libelous, threatening, blasphemous, obscene, pornographic, racist or otherwise likely to infringe upon the rights of others).
The User is liable, also with regard to DIGITALMOKA, for the placing on the Sites, Apps and Social Platforms of viruses or other computer codes, files or programs created to damage any computer or telematic system, the information, data or programs contained within it or pertinent to it, or to favor the total or partial interruption or alteration of its functioning.
The User is required to respect and not hinder the activities and the exchange of communications of other Users, and not to compromise, interfere with or interrupt the Services provided by DIGITALMOKA.
The User undertakes not to commit any actions that violate the law in force or to incite others to do so or to publish links that refer to content of this nature.
The User undertakes to avoid anything that could disturb or undermine the operation and conduct of the Games, as well as the peaceful coexistence among the Users.
DIGITALMOKA is a service provider and, pursuant to current legislation (Legislative Decree 70/2003, art. 17), is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to actively seek facts or circumstances that indicate the presence of illegal activities. DIGITALMOKA, therefore, does not provide an absolute guarantee of preventive control on the contents entered by the User through the use of the Services or within the Chats and cannot be held liable for the entry of contents that are illegal or, in any case, non-compliant with these General Terms and Conditions. DIGITALMOKA nonetheless reserves the right to inhibit the publication and / or to remove, at any time and without notice, the contents it deems, in its opinion and without assuming any responsibility towards the User or third parties, unsuitable for publication. In any case, the content of Chats will be viewable only until the end of the individual game and will not be stored, with the exception of the content entered in the exclusive Chats, which will remain viewable for six months from the last interaction of one of the Users who participate in it and will be stored for the same period of time.
In any case, DIGITALMOKA is required:
- a) to inform without delay the judicial or administrative authority having supervisory functions, if it should become aware of alleged illegal activities or information concerning one of its recipients of the information society service;
- b) to provide without delay, at the request of the competent authorities, the information in its possession that allows for the identification of the recipient of its services with whom it has data storage agreements, in order to identify and prevent illegal activities;
- c) to comply with requests from the judicial or administrative authority having supervisory functions, in order to prevent access to one or more content items entered by the User.
In the event that the User deems one or more content items shared through the use of the services or entered in the Chat to be illegal, he/she is invited to flag it, e.g. via e-mail to the address [email protected], or through the contact forms available on the Sites, Apps and Social Platforms. DIGITALMOKA will, as soon as possible, carry out the appropriate checks and, if it deems it necessary, remove or, in any case, prevent access to the flagged content.
4. VIRTUAL GOODS, VIRTUAL MONEY AND SUBSCRIPTIONS
The use of the Services through Apps and Social Platforms includes the possibility for the User to purchase virtual currencies such as coins, gold bars and gems (“Virtual money”), items or services to be used within the games (“Virtual Goods”) or paid subscriptions in real currency or Virtual Money and/or Virtual Goods (” Subscriptions”). The User acknowledges that, once purchased, the Virtual Money, the Virtual Goods and / or the Subscriptions cannot be exchanged for real money, goods or services provided by DIGITALMOKA or by third parties. The User further acknowledges that Virtual Money, Virtual Goods and / or Subscriptions are not transferable to third parties.
The User does not have any property rights or other real rights over Virtual Goods, Virtual Money and / or Subscriptions, but is the holder of a personal use right which is non-transferable to third parties, which can only be exercised in the context and for the purposes online gaming, through the channels and platforms that DIGITALMOKA makes available to the User.
As the Service provider, DIGITALMOKA allows the User to enter into contracts for the purchase of Virtual Goods, Virtual Money or Subscriptions with payment in real currency, and to use them in the context and for the purposes of online gaming. In this case, DIGITALMOKA is not part of the sales contract, which exists exclusively between the User (buyer) and the manager of the store for mobile devices (e.g. Google Ireland Limited, Apple Distribution International Ltd., etc.) or of the Social Platform (e.g. Facebook Ireland Limited) used for the Services (seller). DIGITALMOKA assumes no responsibility for the sales contract and its correct execution, and does not operate in any way as an agent of the seller. The seller is solely responsible for the sale of Virtual Goods, Virtual Money and / or Subscriptions and for the management of disputes with the buyer, based on the respective conditions of sale, however they are referred to (e.g. terms of service, conditions of use, etc.) that the User is invited to consult before proceeding with the purchase. DIGITALMOKA is not liable for the operations of the sellers and does not offer guarantees on the respective sales proposals.
Without prejudice to the contractual conditions established by the individual sellers, the purchase of Virtual Goods, Virtual Money and Subscriptions with payment in Virtual Money is considered completed when they are credited to the User’s DIGITALMOKA Account.
If the User accesses the Services through the App without associating their Social Account with the DIGITALMOKA Account, the Virtual Goods, the Virtual Money, the Subscriptions or other data associated with the game (including, but not limited to, the game progress and the level or score achieved in the games) cannot be restored if accessed via other devices, even if the device in use is lost or damaged. In this case, therefore, DIGITALMOKA cannot be held responsible for the loss of Virtual Goods, Virtual Money, Subscriptions or other data associated with the game.
The availability, mechanisms, requirements and purchase conditions of Virtual Goods, Virtual Money and / or Subscriptions, the price in virtual or real currency, the total quantity of Virtual Goods and Virtual Money that can be purchased or accumulated on the DIGITALMOKA Account of the User can always be modified at DIGITALMOKA’s discretion. If the User has an active Subscription, these changes will not take effect until the end of the current Subscription period: on the same date, the Subscription will automatically terminate and may be renewed in accordance with the new conditions established by DIGITALMOKA.
In the event of deletion of the User’s DIGITALMOKA Account in accordance with these General Terms and Conditions (for more details, please refer to par. 6), or the Social Account, for reasons beyond the control of DIGITALMOKA, if the User accesses the Services through the Social Platform, the User will lose the Virtual Money, the Virtual Goods and / or the Active Subscriptions associated with his/her DIGITALMOKA Account and will not be compensated in any way for the loss. If the User has an active Subscription on the date of deletion of the DIGITALMOKA Account, or of the Social Account if the Services are accessed through the Social Platform, the automatic renewal mechanism will not be applied until the account is restored.
5. PROTECTION OF CONFIDENTIALITY AND PROCESSING OF PERSONAL DATA
To use the Services, the User may be required to provide their personal data. In any case, the processing of the data provided will be carried out by DIGITALMOKA in compliance with the regulations in force on the protection of confidentiality, for scopes not exceeding the purpose of the collection and with the use of methods and means capable of guaranteeing their security.
In any case, it is recommended to avoid the publication of personal data and, in general, confidential data or information, if not essential to the use of the Services. In any case, the unauthorized publication of personal data of third parties, content protected by copyright and, in general, information or data governed by rights not belonging to the user, is prohibited.
6. MODIFICATION, SUSPENSION AND INTERRUPTION OF SERVICES – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS
DIGITALMOKA reserves the right to modify, suspend or interrupt the User’s access to all or part of the Sites, Apps and Social Platforms at any time and without notice, declining any liability towards the User or third parties, for any resulting damages.
Specifically, DIGITALMOKA reserves the right to delete the User’s DIGITALMOKA account if it remains inactive for a period equal to or greater than 180 days. In this case, the User may no longer be able to access and / or use the Virtual Money, the Virtual Goods and / or the Subscriptions possibly associated with their DIGITALMOKA Account and will not be entitled to any refund or other restoration due to failure to make use of the same.
Without excluding any alternative measures, in case of violation of these General Terms and Conditions by the User, DIGITALMOKA reserves the right to adopt, with or without prior notice to the User, the measures deemed appropriate based on the violation found, such as, for example:
- deletion and / or modification of the DIGITALMOKA Account or parts thereof;
- suspension and / or revocation of the User’s access to the Services;
- modification and / or removal of the Virtual Money, Virtual Goods or Subscriptions that may be associated with the User’s DIGITALMOKA Account;
- resetting and / or modifying any game progress, benefits or privileges associated with the User’s DIGITALMOKA Account, such as, but not limited to, the level or score achieved in the Games.
The cancellation of the DIGITALMOKA Account or the Social Account (if the Services are accessed through the Social Platform), by DIGITALMOKA or for reasons beyond the control of DIGITALMOKA, involves the loss of all data and contents associated with the same Account (including, but not limited to, game progress and / or level or score achieved in games, as well as Virtual Money, Virtual Goods and / or any Subscriptions purchased).
DIGITALMOKA also reserves the right to modify these General Terms and Conditions at any time, without notice. The User is therefore invited to consult this document periodically. Access to or use of the Sites, Apps and Social Platforms following the publication of the changes to the General Terms and Conditions implies acceptance of the same by the User.
7. PROTECTION OF INTELLECTUAL PROPERTY AND DISTINGUISHING MARKS
The domain names: “digitalmoka.com”; “Scopadalnegro.com”; “Briscoladalnegro.com”; “Assopigliatuttodalnegro.com”; “Burracodalnegro.com”; “Solitariodalnegro.com”; “Tressettedalnegro.com ” are registered domains in the name of the company Digitalmoka Srl. All rights reserved.
The use or reproduction in any form and manner of the domain names, distinguishing marks and logos attributable to DIGITALMOKA used on the Sites, Apps and Social Platforms is expressly prohibited, unless expressly authorized in writing by the Owner.
All other trademarks, registered and unregistered, product or service names, domains, company names, logos and distinguishing marks that appear on the Sites, Apps and Social Platforms are the property of their respective owners. Under no circumstances is DIGITALMOKA authorized to grant their use to third parties.
8. FINAL PROVISIONS
The user is aware that the use of the Services could involve the use of data traffic, with the possible charge of additional costs by your telephone operator. It is understood that DIGITALMOKA is in no way responsible for the use of traffic data linked to the use of the Services, nor is it liable for any related costs charged to the User.
The original text of these General Conditions is drawn up in Italian and the Italian text is the only one that will be legally binding in the relationship between the User and DIGITALMOKA.
It should be noted that, for the User’s convenience, these General Conditions are also available in English: it is understood, in any case, that any translation is provided solely for facilitative purposes and that in the event of conflict or discrepancy, the Italian version will prevail and remain legally binding between the parties, without prejudice to DIGITALMOKA’s exemption from any liability deriving from translation errors.
9. APPLICABLE LAW AND JURISDICTION
In the interpretation and execution of these General Terms and Conditions, only Italian law will be applicable.
In the event of disputes arising from or in any way connected to the use of the Services or relating to these General Terms and Conditions, the exclusive jurisdiction will be the Court of Rome, without prejudice to the application of the mandatory criteria of jurisdiction for the territory established by the current procedural rules.
Any declaration of illegality, invalidity or inapplicability, established by way of a definitive judicial provision, of any of the provisions referred to in these general terms and conditions, does not affect the validity and effectiveness of the remaining provisions, in concordance with the general rules of interpretation of the contract established by Law.
General terms and conditions updated to June 2021