Welcome to Konkuri! By using Konkuri website, its content or services (the "Site" or the "Website" or the "Service") you agree to comply with these Terms of Service (the "Agreement").
Konkuri is a registered trademark of Koinema S.r.l., via Nosadella 34, 40123 Bologna, Italy. The Konkuri site is operated by Koinema S.r.l. (referred hereinafter as "Koinema", "Konkuri", "we" or "us").
Please read this Agreement carefully before accessing or using the Site. If you do not agree to all the terms and conditions of this agreement, please immediately discontinue to use the Site.
The Website is available only to individuals who are at least 13 years old.
These Terms shall, in any case not affect the statutory rights of the User acting as a consumer such as prescribed by D.Lgs. 206/2005 of the Italian law.
Modifications of terms
We reserve the right to change these Terms at any time. If the alterations constitute a material change to the Terms, we will notify you to your email address.
What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment. If you don't agree with the modifications made, please immediately discontinue to use the Site and ask for the cancellation of your profile and the anonymization of data regarding you. Continue to use the Site will be interpreted as an implied acceptance of the changes.
Each provision of these Terms shall be construed separately and independently. If any provision is deemed invalid, void or otherwise unenforceable, it shall be deemed severable from the other and shall not affect the validity or enforceability of the remaining provisions of these Terms.
Description of Service
Konkuri enables its users ("You") to manage and follow tournaments. In the tournament site created with Konkuri (the/your "Content") you can manage the schedule, the results, the standings, other tournament information, the tournament blog, as well as users comment on your posts and on matches.
Your Konkuri Profile will contain the list of your tournaments and will report all the related feeds.
In order to try the Konkuri Service you don't need to register nor provide any personal data. However, if you want to save your tournaments data and access your private Content, you will need to open an account. To do that, you must provide a valid email address and a password of your choice and other information as prompted by the registration process. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your account. Your email address and other personal data must remain valid as long as your Konkuri account remains active and it is your responsibility to update them if they should no longer be accurate or current.
You can delete your Konkuri account at any time. Deactivating your account will permanently remove all your data from Konkuri.
Purchase and usage of Konkuri credits
You may buy credits to use Konkuri, as explained on the Pricing page of our website. The number of credits needed for one or more tournaments will depend on the number and type of participants. When you buy credits you will receive a summary sheet with the specifications of your order by e-mail. You can find more details about the credits you've bought and the way you are using them in your profile at the section "Credits". Buying Konkuri credit is available only if you are at least 18 years old. If you are a minor you can buy credits only with the consent of your parents or of your legal guardian. Pricing may change without notice, please check our Pricing page to have the most updated credits cost.
Konkuri credits will let you activate competitions and never expire. When you use credits to activate a competition, those credits are consumed: you can't have them back and they are not refundable. We can provide a refund only if we terminate our Service to you without cause before the end of a tournament for which you have paid.
An active competition can be used only once. This means that once you have entered a quantity of results higher than half of the matches, the competition will automatically switch to "block" mode. A competition in "block" mode will allow you to enter all the remaining results to bring the league to an end, but you won't be able to modify neither the results previously entered, nor the schedule settings, nor the number of participants.
Right of withdrawal
The Italian law provides a right of withdrawal for those users that are acting as a consumer. If you are using Konkuri services as a consumer you can withdraw from this agreement and ask for the refund within 10 days after you have bought Konkuri credits. The refund can't be asked if you have already used the credits to activate a tournament, so, you can be refunded only for the credits that you have not used yet, as shown in your personal profile in the "Credits" section.
We'll re-credit the cost of the credits in at most 30 days, net of the transaction fees and the deductions made by PayPal. Please remember that you can at any time and without any penalty ask for the cancellation of your profile and the anonymization of data regarding you.
By subscribing to Konkuri, you agree with the creation of a public profile for your account, and the publication of information such as your name, age, city and gender. The name on your profile can be different from the name on your Konkuri Account. If you do not wish to share your age, city and gender, you can choose to do that by editing your public profile at any time.
Contributor's conduct and responsibility
You are solely and entirely responsible for all Content that you publish. Remember that you are also responsible for any content posted by other users on the tournaments you create or administrate. Konkuri gives you easy and effective moderation tools that allow you to monitor, pre-moderate and delete content posted by other users.
Konkuri does not control, and is not responsible for your Content and Third-Party Content and may not be held liable for their communication to the public.
By making Content available to others, you also warrant that:
- the Content is not unlawful, obscene, harmful, or defamatory and does not contain threats towards any person or entity;
- the Content does not violate the privacy or publicity rights of any third party and does not to publish any unsolicited or unauthorized advertising, promotional materials;
- the Content is not spam, is not machine-generated, and does not contain unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites;
- the tournament is not named in a manner that misleads your readers into thinking that you are another person or organization;
- you won't engage in any conduct or to post or share any that would interrupt, limit or more generally harm the Site and/or the Service or enable you to gain unauthorized access to the Site, including by using viruses, malicious computer code, programs or files;
- you won't reproduce, copy, sell, or commercially use (including the right to access) in whole or in part, the Service and/or Site.
In case of any violation of the above, Konkuri reserves the right to cancel or rename your account and/or to block you from accessing the Site as well as to disclose any information as necessary to satisfy any law, regulation, governmental request or partner request, at its sole discretion. Konkuri also reserves the right to delete your Tournaments and/or to block the distribution of Your Content or any Third-Party Content through the Service and/or to modify, at its sole discretion, the name of your Tournaments.
You acknowledge and agree that Konkuri may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time-stamps, and other user information, if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: comply with legal process, enforce these Terms, respond to claims that any Content violates the rights of third-parties, or protect the rights, property, or personal safety of Konkuri, its users, or the general public.
For further information about how your personal information is collected and used, please visit our privacy page and read our policy.
Distribution of Your Content by Konkuri
Using Konkuri Service, you grant Konkuri an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute your Content and to prepare derivative works of, or incorporate into other works, the Content, and to grant and authorize sub-licenses (through multiple tiers) of the foregoing. So Konkuri may distribute your Content for both commercial and non-commercial uses without being liable to any payment or indemnification of any kind by Konkuri to you. You agree that Konkuri distributes your Content either directly or through any of its commercial partners.
Koinema shall, at its sole discretion, decide whether or not it will distribute your Content (and how it will do so), select its commercial partners, and determine all the terms and conditions of said distribution. If you disagree with any of the above, you shall not create Tournaments and other contents on Konkuri.
In the course of providing you services, Konkuri may send you notices via email, or display on the Site links to said notices.
For instance, Konkuri will use the email address you provide to register you to use our Service, to verify your authority to use certain features of our Site and Service, to deliver certain services and notices based on the email settings you have selected, to improve and tailor the content and general administration of our Site and Service.
Limitation of Liability
In no event will Konkuri, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
- interruption of use or loss or corruption of data; for any loss of data or any harm to Your Content, your Tournaments, your computer system or any other electronic device.
- any use or misuse of Your Content or services made by a third party or a commercial partner, or more generally for the conduct of others.
- inaccuracies, errors, bugs, or interruptions.
In addition, Koinema reserves the right to:
- modify or terminate all or any portion of the Service for any reason, without notice at any time.
- remove Content and accounts containing Content that we determine in our sole discretion are unlawful, obscene, threatening or defamatory, or violates any party's intellectual property or these Terms.
Konkuri's services are provided "as is" with no warranty, express or implied, of any kind and Konkuri expressly disclaims any and all warranties and conditions. In addition, Konkuri expressly disclaims any and all representations and warranties that any tournaments or matches will occur.
Koinema has no control over and does not host Third-Party Content and Third-Party Services. Similarly, we cannot control links to other websites or other Internet resources. These resources, content and services are provided to you "as is" to facilitate your web browsing.
So remember that Koinema may not be held liable with respect to third-party resources, content or services and you undertake to directly and exclusively contact the appropriate third party with any claim or request you may have.
If you have a dispute with other users or a third party, you release us from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, deriving or in any way connected to the violation of even a single of the conditions contained in this Agreement, statutory obligations or the rights of third parties
Copyright and Trademarks
Koinema is the sole holder of all proprietary rights to Konkuri Site and the Service including the users' databases. Konkuri Site is an original work protected by intellectual property laws and international conventions. Its structure and the Third-Party Content available may be protected by copyright or any other intellectual property right. Any reproduction, display, publication, transmission or, more generally, any unauthorized use of the Site or the Service may trigger your liability and result in criminal or civil legal action.
Also the registered Konkuri trademark and logo and all other Konkuri trademarks are owned by Koinema or Koinema licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties respect the same copyright rights.
Any claim, dispute or matter arising under or in connection with this Agreement shall be governed and construed in all respects by the laws of Italy. You and Koinema both agree to submit to the exclusive jurisdiction of Bologna's court.
In case of disruption or controversy between us and you, we guarantee our participation to an attempt of friendly settlement that you can promote in front of "RisolviOnline", an independent and institutional service provided by the Chamber of Arbitration of the Chamber of Commerce of Milan, which allows to reach a satisfactory agreement with the help of a competent and neutral conciliator, in a friendly and safe way.
For all disputes with consumers is in any case guaranteed the application of mandatory rules of law, concerning the jurisdiction and applicable law.
This document may be shown translated in other languages within the Site. In case of conflict with any of the translated versions of this Agreement, this version will prevail.