Ego360 - Terms and Conditions of Products
1 About these terms
1.2 You agree that you are at least 13 years old and that if you are between 13 years and 18 years old, your legal guardian has reviewed and agrees to these terms and is happy for you to access and/or use and/or play our Products.
1.3 You can access these terms at any time at www.ego360.com/terms.php
We can make changes to these terms at any time in accordance with paragraph 14 below and your continued use of our Products shall confirm your acceptance of the updated terms.
2 About accessing and/or using and/or playing our Products
2.1 The specific Product rules, scoring rules, controls and guidelines for each Product can be found within the Product itself. Such rules, scoring rules, controlsand guidelines form part of these terms and you agree that you shall comply with them in respect of each individual Product which you choose to access and/or use and/or play.
2.2 You are responsible for the internet connection and/or mobile charges that you may incur for using and/or playing our Products. You should ask your mobile operator if you are unsure what these charges will be, before you access and/or use and/or play.
2.3 We have the right to withdraw or modify one or more of our Products (in whole or in part) without liability to you from time to time: for technical reasons (such as technical difficulties experienced by us or on the internet); to allow us to improve user experience; where we have legal reasons for doing so (including privacy or other legal objections to the content or conduct of our Products); because it no longer makes business sense for us to provide the relevant Product; or because we have altered the services we provide.
2.4 There may also be times when our Products or any part of a Product is not available for technical or maintenance related reasons, whether on a scheduled or unscheduled basis.
3.1 You agree that you shall take all steps necessary to protect your log in details and keep them secret. You agree that you shall not give your log in details to anyone else or allow anyone else to use your log in details or account. In these terms, references to “log in details” or “account” include your log in details and account for any social network or platform that you may allow our Products to interact with.
3.2 If you fail to keep your login details secret, or if you share your login details or account with someone else (whether intentionally or unintentionally), you accept full responsibility for the consequences of this (including any unauthorized purchases) and agree to fully compensate us for any losses or harm that may result.
3.3 We will not be responsible to you for any loss that you suffer as a result of an unauthorised person accessing your account and/or using and/or playing our Products and we accept no responsibility for any losses or harm resulting from its unauthorised use, whether fraudulently or otherwise.
3.4 We reserve the right to delete your account if no activity is conducted by you in relation to the account for 180 or more days. In such event, you will no longer be able to access and/or use any Virtual Money and/or Virtual Goods (as defined below) associated with that account and no refund will be offered to you in relation to the same.
3.5 You understand that if you delete your account, or if we delete your account in accordance with these terms, you may lose access to any data previously associated with your account (including, without limitation, the level or score you have reached in our Products and any Virtual Money or Virtual Goods associated with your account).
4 Virtual Goods and Virtual Money
4.1 Our Products may include virtual currencies such as coins, gold coins and points (“ Virtual Money”) or items or services for use with our Products (“ Virtual Goods”). You can buy Virtual Money from us for real money if you are at least 18 years old. If you are over 18 years old you may also be able to buy Virtual Goods for real money and/or other credits. You agree that Virtual Money and Virtual Goods can never be exchanged for real money, real goods or real services from us or anyone else. You also agree that you will only obtain Virtual Money and/or Virtual Goods from us, and not from any third party.
4.2 You do not own Virtual Goods or Virtual Money but instead you purchase a limited personal revocable licence to use them – any balance of Virtual Goods or Virtual Money does not reflect any stored value.
4.3 You agree that all sales by us to you of Virtual Money and Virtual Goods are final and that we will not refund any transaction once it has been made. If you live in the European Union you have certain rights to withdraw from distance purchases. However, please note that when you purchase a licence to use Virtual Goods or Virtual Money from us, the performance of our services begins promptly once your purchase is complete and therefore your right of withdrawal is lost at this point.
4.4 We reserve the right to control, regulate, change or remove any Virtual Money or Virtual Goods without any liability to you.
4.5 Without limiting paragraph 3.5, if we suspend or terminate your account in accordance with paragraph 7 of these terms you will lose any Virtual Money and Virtual Goods that you may have and we will not compensate you for this loss or make any refund to you.
5 User conduct and content
5.1 You must comply with the laws that apply to you in the location that you access our Products from. If any laws applicable to you restrict or prohibit you from accessing and/or using and/or playing our Products, you must comply with those legal restrictions or, if applicable, stop accessing and/or using and/or playing our Products.
5.2 You promise that all the information you provide to us on accessing and/or using and/or playing our Products is and shall remain true, accurate and complete at all times.
5.3 Information, data, software, sound, photographs, graphics, video, tags, or other materials may be sent, uploaded, communicated, transmitted or otherwise made available via our Products by you or another user (“ Content”). You understand and agree that all Content that you may be sent when accessing and/or using and/or playing our Products, whether publicly posted or privately sent, is the sole responsibility of the person that sent the Content. This means that you, not us, are entirely responsible for all Content that you may upload, communicate, transmit or otherwise make available via our Products.
5.4 You agree not to upload, communicate, transmit or otherwise make available any Content:
- that is or could reasonably be viewed as unlawful, harmful, harassing, defamatory, libelous, obscene or otherwise objectionable;
- that is or could reasonably be viewed as invasive of another's privacy;
- that is likely to, or could reasonably be viewed as likely to incite violence or racial or ethnic hatred;
- which you do not have a right to make available lawfully (such as inside information, information which belongs to someone else or confidential information);
- which infringes any intellectual property right or other proprietary right of others;
- which consists of any unsolicited or unauthorised advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes' or any other form of solicitation; or
- which contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You agree that you will not:
- use our Products to harm anyone or to cause offence to or harass any person;
- create more than one account per platform to use and/or play our Products;
- use another person or entity’s email address in order to sign up to use and/or play our Products;
- use our Products for fraudulent or abusive purposes (including, without limitation, by using our Products to impersonate any person or entity, or otherwise misrepresent your affiliation with a person, entity or our Products);
- disguise, anonymise or hide your IP address or the source of any Content that you may upload;
- use our Products for any commercial or business purpose or for the benefit of any third party or to send unsolicited communications;
- remove or amend any proprietary notices or other ownership information from our Products;
- interfere with or disrupt our Products or servers or networks that provide our Products;
- attempt to decompile, reverse engineer, disassemble or hack any of our Products, or to defeat or overcome any of our encryption technologies or security measures or data transmitted, processed or stored by us;
- 'harvest', 'scrape' or collect any information about or regarding other people that use and/or play our Products, including, but not limited to any personal data or information (including by uploading anything that collects information including but not limited to 'pixel tags' cookies, graphics interchange formats ('gifs') or similar items that are sometimes also referred to as 'spyware' or 'pcms' (passive collection mechanisms);
- sell, transfer or try to sell or transfer an account with us or any part of an account including any Virtual Currency or Virtual Goods;
- disrupt the normal flow of a Product or otherwise act in a manner that is likely to negatively affect other players' ability to compete fairly when using and/or playing our Products or engaging in real time exchanges;
- disobey any requirements or regulations of networks connected to our Products;
- use our Products in violation of any applicable law or regulation;
- use our Products to cheat or design or assist in cheating (for example, by using automated means or third party software to use and/or play), or to otherwise circumvent technological measures designed to control access to, or elements of, our Products, or to do anything else that a reasonable person is likely to believe is not within the spirit of fair play or these terms; or
- use our Products in any other way not permitted by these terms.
5.6 We do not control Content posted on our Products by other people and therefore we do not guarantee the accuracy, integrity or quality of that Content. You understand that when using and/or playing our Products, you may be exposed to Content that you may consider offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any losses or harm of any kind resulting from the use of any Content posted, emailed, transmitted or otherwise made available via our Products.
5.7 We have the right to remove uploaded Content from our Products if we decide in our sole discretion that it results in or from a breach of any part of these terms, or that it may bring us or our Products into disrepute. However, you acknowledge that we do not actively monitor Content that is contributed by people that use and/or play our Products and we make no undertaking to do so.
5.8 You are solely responsible for your interactions with other users of our Products.
6 Using and/or Playing our Products against opponents
6.1 Some of our Products allow you to play against an opponent. You may be able to (i) choose to play against an opponent whom Ego360 selects for you, or (ii) play against one of your contacts on a platform or social network which you have allowed our Products to interact with. Some of our Products may also allow you to search for your friends (for example, by email address) in order to find them to play against. We may also display the display names of your past opponents so that you can easily find them to play again.
6.2 Where Ego360 selects an opponent for you, we may either select at random or use such criteria as we see fit to select your opponent (for example, your past scores or level you have reached in the Product).
6.3 By accessing and/or playing those of our Products which allow you to play against an opponent, you agree to your display name, scores, and other related details being displayed to other users. You also understand and agree that other users may find you by searching for you with your email address. Please note that we will only show your display name publically, and not your email address; another user must know your email address themselves in order to search for you.
7 Your breach of these terms
7.1 We reserve the right to suspend or terminate your access to our Products (including by deleting your account) if we reasonably believe that you are in material breach of these terms (including by repeated minor breaches). Without limitation, any breaches of paragraphs 5.4 or 5.5 are likely to be considered material breaches.
7.2 You agree to compensate us, according to law, for all losses, harm, claims and expenses that may arise from any breach of these terms by you.
8 Disclaimer and release
8.1 We accept liability which may not by law be excluded.
8.2 We are not responsible for:
losses or harm not caused by our breach of these terms or negligence; orlosses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss; any increase in loss or damage resulting from breach by you of any of these terms and conditions; or technical failures or the lack of availability of our website, Products, and/or social media channels where these are not within our reasonable control.
8.3 We will provide our Products with the same skill and care as other similar Products providers, but you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Products is to discontinue your use of that Product and we are not responsible or liable for any interruptions or errors that you may experience while using and/or playing our Products.
8.4 Your health is very important to us. ALWAYS consult your doctor about your athletic behavior. Ego360 neither substitute your doctor, nor is responsible for your behavior. The contents of the Ego360 Products (it doesn’t matter if provided by Ego360, partners or users) aren’t a help or an alternative to the information of a doctor or a pharmacy. With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.
8.5 The use of any software or hardware offered by Ego360 is no substitute for the consultation by the user of a specialized doctor. Additionally, Ego360 does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be placed for the user. Any contractual arrangements entered into between the user and a third party provider (e.g., via linked websites or banners) result in a contractual relationship between such user and the third party provider only. Ego360 does not make any representations or warranties with respect to products or services of third party providers.
8.6 Any changes to your eating habits should be evaluated by your doctor in relation to your state of health to make sure that there are no contraindications. If you decide to follow the Diet and Lifestyle Recommendations present in our Products you accet that are for illustration purposes of a general nature, that are not intended and should not substitute the opinions and recommendations of health professionals and may not be recommended in the presence of specific conditions. With the confirmation of these General Terms and Conditions, you confirm that you are solely responsible for your state of health.
9 Intellectual property
9.1 You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to our Products (other than Content which is contributed and owned by users/players) is owned by or licensed to us.
9.2 Whilst you are in compliance with these terms, we grant you a non-exclusive, non-transferable, personal, revocable limited licence to access and use our Products (but not the related object and source code) for your own personal private use, in each case provided that such use is in accordance with these terms. You agree not to use our Products for anything else.
9.3 You must not copy, distribute, make available to the public or create any derivative work from our Products or any part of our Products unless we have first agreed to this in writing.
9.4 In particular, and without limiting the application of paragraph 9.3, you must not make available any cheats or technological measures designed to control access to, or elements of, our Products, including providing access to any Virtual Currency and/or Virtual Goods, whether on a free of charge basis or otherwise.
9.5 By submitting Content (as defined in paragraph 5.3) via our Products you:
are representing that you are fully entitled to do so; grant us and our group companies the right to edit, adapt, publish and use your entry and any derivative works we may create from it, in any and all media (whether it exists now or in the future), for any purpose, in perpetuity, without any payment to you; acknowledge that you may have what are known as “moral rights” in the Content, for example the right to be named as the creator of your entry and the right not to have work subjected to derogatory treatment. You agree to waive any such moral rights you may have in the Content; and agree that we have no obligation to monitor or protect your rights in any Content that you may submit to us, but you do give us the right to enforce your rights in that Content if we want to, including but not limited to taking legal action (at our cost) on your behalf.
9.6 You must not copy, distribute, make available to the public or create any derivative work from any Content belonging to any other users/player of our Products. If you believe that your intellectual property rights have been infringed by someone else over the internet, you may contact us by emailing the following information to firstname.lastname@example.org:
- a description of the intellectual property rights and an explanation as to how they have been infringed;
- a description of where the infringing material is located;
- your address, phone number and email address;
- a statement by you, made under penalty of perjury, that (i) you have a good-faith belief that the disputed use of material in which you own intellectual property rights is not authorised, and (ii) the information that you are providing is accurate, correct, and that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
- and a physical or electronic signature of the person authorised to act on behalf of the owner of the exclusive right that has allegedly been infringed.
10.2 Any personal information that we may collect may also be subject to the policy of any social network that you may agree to link our Products to. If you use and/or play our Products and you agree to allow them to interact with a social network you are giving us permission to use your email address and other personal information which that social network shares with us that will allow us to personally identify you. You are also granting us permission to help your contacts on that network find you so that you can use and/or play socially. This is intended to make our Products more enjoyable for you and others that use and/or play our Products on the social network. If you do not agree to these practices you should not allow our Products to interact with your social network.
12 Transferring these terms
We may wish to transfer all or a part of our rights or responsibilities under these terms to someone else without obtaining your consent. You agree that we may do so provided that the transfer does not significantly disadvantage you. You may not transfer any of the rights we give you under these terms unless we first agree to this in writing.
13 Entire agreement
These terms set out the entire agreement between you and us concerning our Products (as defined in paragraph 1) and they replace all earlier agreements and understandings between you and us. If you also access, use and/or play our Products via other platforms then different terms and conditions may apply in respect of those Products.
14 Changes to these terms
You can find these terms at any time by visiting www.ego360.com/terms.php
We reserve the right to update these terms from time to time by posting the updated version at that address. We may do so because we change the nature of our products or services, for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our terms then you shall immediately stop accessing, using and/or playing our Products.
If any part of these terms is held to be invalid or unenforceable under any applicable local laws or by an applicable court, that part shall be interpreted in a manner consistent with applicable law to reflect as nearly as possible our original intentions and the remainder of these terms shall remain valid and enforceable.
16 Waivers of our rights
Our failure to exercise or enforce any of our rights under these terms does not waive our right to enforce such right. Any waiver of such rights shall only be effective if it is in writing and signed by us.
17 Complaints and dispute resolution
Most concerns can be solved quickly by contacting us at email@example.com
In the unlikely event that we cannot solve your concern and you wish to bring legal action against us these terms shall be governed by and construed in accordance with the laws of Italy. Place of delivery and exclusive court of jurisdiction shall be Napoli, Italy.
18 Affiliate Disclosure
Several Ego360 Websites (www.lumowell.com, www.llumowell.es, www.benessere360.it etc.), apps and video channels are participants in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.
19 Questions about these terms
If you have any questions about these terms or our Products you may contact us by email at firstname.lastname@example.org
These terms were last updated on 28/08/2014.