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Terms and Conditions of Use
PRELIMINARY TERMS
The Terms and Conditions of Use of the Wemblegg Social Network (hereinafter referred to as Wemblegg, for short), owned by Wemblegg Company Srl, refer to the sole use of the website www.wemblegg.com and the first and third level domains associated with it. When accessing Wemblegg, registered Users, those in the process of registering and all non-registered Users declare that they have read and agree with the Terms and Conditions of Use specified herein, as well as the established Privacy Policy and the Community Code of Conduct. Consequently, all Users are required to comply with these Terms of Use, acknowledging that the established agreement is legally binding and that Wemblegg and the services to which it refers must always be used in accordance with these regulations and the laws of the country where Users reside.
REGISTRATION
Users declare that all the data entered at the time of registration, and any updates, are and will be correct, complete and personal. On registering, Users declare that all personal data entered refers exclusively to themselves and not to third parties. Consequently, Users are directly responsible for the data they enter, and exonerate Wemblegg Company Srl and its collaborators from any moral, civil and/or criminal liability due to the improper use of the aforesaid data. On registering, Users are required to declare that they are not under the age of 13. Otherwise, access to Wemblegg is prohibited, except in cases in which the User’s parents and/or one of the User’s legal guardians grant consent to use our services regarding Italian and international football. On registering, children under the age of 13 must declare that consent has been given by their parents and/or legal guardians. In this regard, Wemblegg Company Srl reserves the right to suspend a User profile, even without prior notice, if there should be any suspicion and/or indication that minors have access to Wemblegg without the aforesaid authorization. The Privacy Policy terms on this matter are complementary to the Terms and Conditions of Use.
WEMBLEGG SOCIAL NETWORK
Wemblegg Company Srl allows Users to post comments, photographs, video/audio footage, news, general information and topics on Wemblegg. It also allows registered Users to use a chat window, as well as to take part in polls about the world of football and consult statistics on football matches and players in Italian and international football championships. Moreover, Wemblegg Company Srl allows Users to follow matches in real time on its platform, via SMS messages and/or e-mail, as well as take part in prize-winning contests, use online games, when available; report any abuse and post general data, whether public or private, personal or impersonal, their own or belonging to third parties if Users have consent and there are no constraints regarding disclosure or copyright.
PERSONAL ACCOUNTS
Users are directly responsible for managing the profile they have created. Users acknowledge that they must keep all access codes, and keep them confidential. Users must not use the personal Account of another member of Wemblegg. If Users should discover unauthorized access to their profile and/or to that of another User, Users must promptly report this in the appropriate dedicated section: Report Abuse. For its part, Wemblegg Company Srl is obliged to comply with the security procedures listed in the specified Privacy Policy.
DATA, PROFILE CONTENTS AND COPYRIGHT
Users are responsible for any data, texts, and audio/video footage posted in their profile. Users are also responsible for uploading images and/or photographs shared on Wemblegg, as well as using and posting. The moral, civil and/or criminal liability of Users, arising from the misuse of the aforesaid materials, also includes a declaration from Users - automatic at the time of registration – of the ownership of any data and information posted and its lawful use. Consequently, none of the materials posted must violate any copyright, licences or intellectual property of third parties. At the time this material is posted, Users must declare that they are authorised to publish data, either personal or belonging to third parties, that is protected by copyright. To that effect, Users exonerate Wemblegg Company Srl and its collaborators from any moral, civil and/or criminal liability that might arise, acknowledging its complete non-involvement. No data, whether public/private or updated/corrected, must violate legislation in the country of the User, the confidentiality of investigations, international statutes or regulations. Neither must it violate this Agreement, the regulations concerning the Privacy Policy or the established Code of Conduct. Users guarantee Wemblegg Company Srl the right to use this data – limited to the presence (not deleted) of data and profiles on Wemblegg, as well as the right to disclose, process, handle and translate this data. These rights and authorization shall be cancelled when the profile is deleted (eliminated). Users acknowledge the technical time required for the periodic clean-up of databases, a maximum requested time of 6 months (180 days), and the possible presence of their data (comments, photographs, video footage, general information) in profiles, message boards, comment areas, chat windows and e-mails (if sent by Users themselves) belonging to third-party Wemblegg Users, which is data that cannot be deleted, in compliance with the privacy and autonomy of the aforesaid third-party Users. Finally, Users declare that they are aware that any violation of the afore-mentioned regulations may lead to suspension and/or deletion, even without prior notice, of the profile they have created.
POSTING LINKS
Users are free to post links to their profile, message board, comments, e-mails and chat conversations with other Users registered on Wemblegg. On the contrary, Users are forbidden to use frames or any other technique that prevents other Users from clearly understanding which website they have accessed (click in the posted link). With regard to posting external links, Users declare that they have read and accepted the Privacy Policy concerning the aforesaid.
RESTRICTIONS ON COMMENTS AND OPINIONS ABOUT FOOTBALL CLUBS, FOOTBALL PLAYERS, COACHES, REFEREES AND SPORTS BRANDS
Users that post a comment about a football team, including its managers, football players, referees, coaches and brands associated with the aforesaid sports figures shall be free to give their opinions and views. It is prohibited to publish racist comments that are offensive and harmful to human dignity or any other comment that does not comply with legislation and the Wemblegg Code of Conduct. Moreover, it is prohibited to harm the image of any brand without just, proven and legitimate cause. Any comments that may violate these guidelines and regulations shall be deleted by the site manager, after inspecting the severity of the comment. In addition, Wemblegg Company Srl grants Users the opportunity to correct their comments should the need arise, and the right to reply to the offended party. Furthermore, Wemblegg Company Srl reserves the right to suspend or cancel (ban) the Account of Users, who are responsible for posting such comments, if they are repeated and continuous, supplying the competent authorities with their personal data if requested. On registering, all Users exonerate Wemblegg Company Srl and all its collaborators from any moral, civil and/or criminal liability that may generate comments and feedback posted on Wemblegg.
USE AND RESTRICTIONS CONCERNING STATISTICAL DATA ON WEMBLEGG
Registered Users are free to view football match rankings and results; statistical data on assists, goals, cautions and dismissals; the performance of football players and teams, and any other statistical data posted on Wemblegg. Moreover, Users acknowledge that the type of information viewed, even though it may increase awareness when betting on matches and results are not a guarantee or promise of a win.
PRIZE-WINNING CONTESTS AND POLLS
Each contest shall be governed by specific regulations, which shall be self-certified, registered and published in specific promotional areas, and bound by Italian and European’s legislation. Consequently, Users acknowledge the need to read the regulations of each contest published and promoted on Wemblegg before they enrol and take part. It is mandatory for both non-registered Users and registered Users to enrol on Wemblegg. Users acknowledge and accept that a prize-winning contest involves the collection and processing of posted and requested personal data, in accordance with the Privacy Policy. Furthermore, the proposed polls do not oblige Users registered on Wemblegg or non-registered Users to reply to the questions. Nevertheless, if Users take part in such polls, they acknowledge that the collective and partial results (targeted by gender, age, preferences and geographical location) of participation shall be made public and used for statistical and social marketing purposes, without prejudice to general Privacy Policy regulations.
COPYRIGHT CONCERNING WEMBLEGG COMPANY SRL
All rights concerning the services, software, brands and structural contents on the website: www.wemblegg.com are owned by Wemblegg Company Srl. These services and structural contents include: logos, brands and naming; graphics and templates; explanatory and descriptive texts belonging to Wemblegg; applications, codes, programmes and widgets created and developed on behalf of Wemblegg Company Srl; interactive elements and search filters; presentations and audio footage, if present and included; images (photographs), directly owned photocompositions and illustrations, for which the rights of use have been acquired or which are free from copyright restrictions. All rights are protected by applicable regulations concerning intellectual property, copyright, patents and related legislation. No brands and/or sections of the website (Wemblegg Social Network) may be sold, reproduced or copied - in any form - for promotional, advertising or commercial purposes without authorization from Wemblegg Company Srl. These terms do not include:
Downloading temporary copies from Wemblegg for viewing and consulting on the User’s computer and/or any means intended for that purpose.
Printing the materials mentioned in this paragraph for private use only, not including codes and parts of codes.
Downloading gadgets and widgets for exclusive publication on their themed Blogs and websites. The resale of these applications is strictly prohibited.
COPYRIGHT CONCERNING THIRD PARTIES
All rights concerning the promotional and advertising content on Wemblegg published by third-party companies are exclusively owned by these companies. Contents may be descriptive and refer to images (photographs), illustrations, video footage, animation and any form of digital processing. Contents may be substantial and refer to products and services promoted via the aforesaid descriptive and explanatory contents. All rights are protected by copyright, intellectual property, patents and/or related legislation. No type of content described herein may be sold, reproduced or copied – in any form or for any purpose – without the authorization of the third-party companies to which they belong. These terms do not include:
Downloading temporary copies of the aforesaid contents (descriptive and substantial) for viewing on the User’s computer and/or any means intended for that purpose.
Printing the contents and materials mentioned in this paragraph for private use only.
USE OF MOBILE DEVICES
Users may access some services using mobile devices. This access is subject to the terms and conditions in this Agreement. Users therefore automatically accept these conditions of use for the afore-mentioned platforms, without limits or limitations.
STRUCTURAL CHANGES TO THE WEMBLEGG SOCIAL NETWORK
At the time of registration and when accessing Wemblegg, Users accept that Wemblegg Company Srl may add, change and/or delete some of the structural contents of its service, without obligations or restrictions - except for applicable legislation. An indicative but not exhaustive list includes: software, computer languages, texts and statistics, informative materials, icons, logos and images. Site managers shall be responsible for giving prior notice if the aforesaid changes are likely to alter the management terms of personal profiles and related data.
PROHIBITIONS AND FORBIDDEN CONTENT
It is forbidden to publish any pornographic or child pornography materials. Likewise, it is forbidden to threat or slander other people, violating related legislation. In addition, it is forbidden to mob, spam or post any content that may incite violence, racism or computer/music/video piracy. Moreover, it is forbidden to spread a computer virus or any type of comment or conversation aimed at drug selling or trafficking. Users shall not post comments that may encourage minors, present and registered on Wemblegg, to consume alcohol. Users shall not promote the sale of products or services, unless in appropriate sections – if they are provided – and only for specified products and services. All Users shall have just one (1) Account and shall not register on behalf of a company, group or organization without its explicit consent. All Users exonerate Wemblegg Company Srl from any moral, civil and/or criminal liability arising from the non-observance of the aforesaid prohibitions, acknowledging the total non-involvement of Wemblegg Company Srl. Wemblegg Company Srl reserves the right to suspend Users who violate these obligations, employing all applicable legal measures if deemed necessary. Therefore we suggest that you carefully read the specific terms in our Privacy Policy and Code of Conduct, which summarise and supplement this Agreement.
CHANGES TO TERMS AND CONDITIONS OF USE
Wemblegg Company Srl may periodically change, add and remove (delete) any parts of the Terms and Conditions of Use herein outlined, at its own discretion and without prior notice. These changes shall be reported in this document, and the alteration of the date of the update, and communicated by e-mail (Newsletter) if deemed necessary. Users have the opportunity, duty and responsibility to periodically check the presence of any changes and updates. Using Wemblegg after such changes have been made implies automatic acceptance of these changes. If Users do not agree with the specified changes to the Terms and Conditions of Use, they may request the cancellation of their Account by sending an e-mail to the following address: privacy@wemblegg.com.
RIGHTS OF WEMBLEGG COMPANY SRL
Wemblegg Company Srl reserves some fundamental rights that are necessary for managing Wemblegg. At our sole discretion, we are entitled to:
Access the contents of Users for the purpose of legal requirements (also to check privacy terms). Specifically: reporting any illicit activity to the relevant authorities.
Eliminate, totally and/or in part, the contents of Users who do not comply with these Terms and Conditions of Use.
Eliminate, totally and/or in part, the contents of Users who damage and/or may damage other people and/or third party companies.
Access the contents of Users in order to moderate Wemblegg.
Use any type of accessible data shared by a User and other members, for in-company market research.
WAIVER AND LIABILITY OF WEMBLEGG COMPANY SRL
All Users acknowledge that Wemblegg Company Srl and its collaborators are not able to check the authenticity and accuracy of data provided at the time of registration, in compliance with legal provisions, the Terms and Conditions of Use herein, and with the Privacy Policy. Users are completely liable for the accuracy of the personal data they provide. If Wemblegg Company Srl should become aware of any violation, it would be liable automatically and would be obliged to suspend the Account in question until such inaccuracies are corrected and the ownership and authenticity of the personal data has been checked. Wemblegg Company Srl is exempt from any liability if Users, when using Wemblegg, should cause any inappropriate loss or disclosure of data, or direct/indirect damage to the image of people, products or services. Wemblegg Company Srl is responsible, if these offences are reported and checked, for limiting the consequences by acting in the following 3 ways:
Suspending the User Account
Deleting the contents in question
Forwarding information to the competent authorities (if required and necessary)
Wemblegg Company Srl shall not be held liable for the content of external websites that have a link to Wemblegg. It is not liable for technical problems caused by downloading, delays and difficulties with access caused by browsers, servers, online traffic or hardware. Wemblegg Company Srl shall not be liable for any loss of personal data pertaining to Users (registration and profile) or for any risks they might face (check the specific references in the Privacy Policy). Nevertheless, Wemblegg Company Srl is responsible for assisting Users if requested. Wemblegg Company Srl is not liable for general or specific security issues, as currently there are no procedures or software able to entirely guarantee this. Furthermore, Wemblegg Company Srl is committed to safeguarding the security of data in the best possible way, according to its technical and financial abilities.
DISPUTES BETWEEN USERS AND THIRD PARTIES
If any friction and/or allegations should arise between Users and/or Visitors, or between Users and any third parties involved, Wemblegg Company Srl shall not be liable for any resulting disputes. All those who access Wemblegg, automatically acknowledge the non-involvement of Wemblegg Company Srl and its collaborators in such disputes, which are the sole responsibility of the parties involved.
CLAIMS
Wemblegg Company Srl recommends that Users report any breach of the Terms and Conditions of Use, the Privacy Policy and the Code of Conduct, via the specific link: Report Abuse. Moreover, it recommends immediate notification of any illicit act brought to the attention of Users. Such acts of violation, like any request or reporting, may be forwarded via the aforesaid link or via the Contacts page.
TERRITORIAL LIMITATIONS
Wemblegg cannot be used in countries (by the Users in the countries concerned) in which this Agreement, in one of its parts, is not valid according to established local legislation. All Users are obliged to check the current legislation in their country, and act accordingly.
SUPPLEMENTARY CONDITIONS
The Privacy Policy and Community Conduct Code shall be deemed to all intents and purposes further terms (supplementary), which Users are obliged to read and accept. With regard to the Privacy Policy and personal data processing, Users are obliged to abide by these rules and regulations, which are an integral part of the Terms and Conditions of Use specified herein.
CHANGE OF OWNERSHIP
If the ownership of Wemblegg should be transferred or if Wemblegg Company Srl should be involved in a merger and/or reorganization of its social structure (ownership), the Terms and Conditions of Use might be changed by the new owners and/or site managers. Any changes, without prejudice to legal obligations, shall be duly notified and Users may accept or reject the new regulations. In this case, Users may request the cancellation of their Account. With regard to the Privacy Policy terms, we recommend that you read the specific page concerning data processing.
APPLICABLE LAW
Any dispute concerning this Agreement and any relations between Users and Wemblegg Company Srl shall be governed by Italian and UE Law. By Italian and/or UE Courts. Consequently, Users declare that they agree, upon registering, with this paragraph and the condition specified herein.
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