1. Conditions of Use of the website and the application
We encourage you to carefully read these Conditions of Use of the website and the application before navigating and using services on this website and its application for smartphones and tablets, if any (hereinafter website and its application are collectively referred to as "Application” and/or "Applications"). By browsing and/or using the services on the Application you fully accept these General Conditions of Use of the Application.
Use of the Application content
This Application is owned by Panini S.p.A. - Single Shareholder (hereinafter referred to as Panini). It is prohibited to copy, reproduce, publish, post or distribute by other means or on other websites or applications material taken from this Application, which is available for your personal use only. It is prohibited to use this Application for commercial purposes or in any way considered to be in our sole discretion, unlawful or harmful.
Any unauthorised use of texts and illustrations, even in part, will be prosecuted as a violation of copyright and ownership rights.
By installing and/or using this Application, the user declares to have read, understood and accepted the General Conditions of Use (made of: Conditions of Use of the website and the application; Conditions of Use of the Adrenalyn XL™ Online Challenge; General Conditions of sale for digital content or services in the Adrenalyn XL™ Online Challenge as an inseparable unit) and declares, furthermore, to observe all applicable laws and regulations. If you do not fully accept the conditions of use below, do not use this Application.
This Application contains proprietary notices and copyright information, the terms of which must be observed and followed. The information provided on this Application may contain technical inaccuracies or typographical errors for which Panini may not be held responsible.
Information may be changed or updated without notice. Panini reserves the right to make changes and/or improvements at any time and without notice, to the products and/or procedures in this Application. Furthermore Panini has the right to edit the Application or delete Content or features in any way, on whatever basis or without reason. Panini assumes no responsibility regarding the accuracy of the information provided, the use of which is at your sole risk. Furthermore, by providing such information, Panini does not grant any licenses to any copyrights, patents or any other intellectual property right.
The information published by Panini on this Application may contain direct or indirect references to products whose launch is not announced or that may not be available in your country.
Forwarding of information and Material
Panini does not accept the submission of material and/or information of a confidential or reserved nature through this Application. Any information or material sent to Panini will not be considered confidential. The forwarding of information or materials of any kind to Panini will give the latter unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such materials or information. By forwarding such material or information you also consent to Panini's free use of any ideas, concepts, know-how or techniques sent to us for any purpose. However, your name will not be published nor the fact that material or other information has been provided by you to us unless:
- authorisation for the use of your name has been obtained; or
- we first notify you that the materials or other information submitted by you to a specific section of this Application will be publicised or otherwise used with your name; or
- we are expressly requested by law.
Information or materials submitted is intended as text, messages, ideas, concepts, graphics, photographs, drawings, videos, audiovisual works, or your biographical material and/or belonging to other people, and/or similar materials that will be forwarded, published, uploaded, Integrated, exposed, communicated or distributed on or through the Panini Application. Such material provided by you to Panini through the Application, publicised or uploaded will be treated as non-confidential and not your property and Panini will not accept any liability, obligation, or commitment for them or for receiving or not receiving them. If, unsolicited material is forwarded either intentionally or accidentally on or for our Application, it is done so with the knowledge that no agreement exists between us. Thus, you agree to forward this material not based on a relationship of confidentiality or trust, and furthermore, agree that you do not expect to receive any review, compensation or consideration of any kind on our part.
However Panini may request the submission of material through features or activities on this Application. The material and information that we expressly require to be provided to us through a feature or activity of an Application (such as contests with prizes, competitions and promotions) are subject to subscription and acceptance of the policy in force concerning the processing of personal data.
Panini is not in any way responsible for the websites or applications which can be accessed through this Application. When you access a non-Panini website or applications, even if it contains the Panini logo, it is important to remember that it is a website or an applications that is independent of Panini and that the latter has no control over the contents of the website or the application in question. In addition, the presence of a link to a non-Panini websites or applications does not imply approval or acceptance of responsibility by Panini regarding their content or their use. It is your responsibility to take all necessary precautions to ensure that whatever material you select to use is free of harmful elements such as viruses, worms, "Trojan or Trojan horse" and so on.
Panini will in no event be held responsible for any direct, indirect, special or consequential damages arising from the use of this Application or other websites or applications that are accessed through a hyperlink, including, without limitation, damages such as loss of profits or turnover, interruption of business or professional activity, loss of programs or other kinds of data stored on your computer system or otherwise, even if Panini was expressly advised of the possibility of such damages. All information is provided exclusively in the "state in which they are found".
Panini does not take any responsibility nor shall it provide any express or implied guarantees, including the implied guarantees on the suitability for a particular purpose, merchantability and non-infringement of the rules of use.
Panini reserves the right to make, without notice at any time, changes and/or updates to the General Conditions of Use. The user, continuing to use this Application also accepts the aforementioned updates and/or changes, this page, therefore, should be visited periodically to verify the current General Conditions of Use in force.
Panini will use reasonable efforts to make the Application always working and available. However the Application is provided over mobile networks not controled by Panini. For this reason Panini will not be responsible for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
2. Conditions of Use of the Adrenalyn XL™ Online Challenge
These Conditions of Use, along with the Conditions described in point 1 and completing them, rule the use of the Adrenalyn XL™ Online Challenge, made available for the user on this website, the related mobile app on Apple App Store and Google Play Store (hereinafter jointly defined as "Adrenalyn XL™ Online Challenge" or the "Game") developed by Panini S.p.a. Viale Emilio Po, 380 – 41126 Modena, Italy (hereinafter “Panini”) and managed together with other Panini Group Companies (hereinafter collectively referred to as “Group Companies”).
Panini reserves the right to contact you and/or the person you have indicated as parent of legal guardian of yours, at any time, to ascertain whether you are of age to enter into this contract and whether the person who authorized your registration is really a parent or a legal guardian of yours. If you can’t prove to have the legal age required or the supposed parent or legal guardians of yours fails to prove his identity and his kinship with you , Panini will block your user account and forbid your use of the Adrenalyn XL™ Online Challenge. All your personal data will be canceled from the Game.
By accessing, using, or logging into the Adrenalyn XL™ Online Challenge you agree to the Conditions of Use of the Adrenalyn XL™ Online Challenge. In case you don’t agree to the Conditions of Use of the Adrenalyn XL™ Online Challenge, you can’t install, use, or login to the Adrenalyn XL™ Online Challenge.
Panini reserves the right to change, update, and modify the Conditions of Use of the Adrenalyn XL™ Online Challenge at any time. You agree to periodically check for new information and terms that rule the use of the Adrenalyn XL™ Online Challenge.
To use the Adrenalyn XL™ Online Challenge you have to set up an account within the Adrenalyn XL™ Online Challenge system (Account). This Account is totally free and lets you use the services of the versions of Adrenalyn XL™ Online Challenge available.
You can create your Account using one of the social networks included in the registration form. In this case, some personal data will be retrieved from the social network chosen in accordance with the security settings and the data included there and you may be asked to complete the missing information requested in the registration form. If you have used a social network to create your Account, then you have to use the credentials of that social network to access the Adrenalyn XL™ Online Challenge. In case you will not submit the missed information included in the registration form within 72 hours from the beginning of the registration procedure, your data collected from the social network will be canceled and you will not be able to access the sections of the Game under registration.
The Account creation without using a social network involves the verification of the email account provided in the registration form. To complete your registration you have to click on the lynk within the following 72 hours. After this period the lynk expires and you will not be able access the sections under registration of the Game. In this case, the data provided in the registration form will be canceled in the next 24 hours.
Once you have created an Account, you will get the status of “User” of the Adrenalyn XL™ Online Challenge.
The information required must be truthful and accurate. The use of third party data or nickname that is vulgar, offensive, or otherwise violates the Conditions of Use of the Adrenalyn XL™ Online Challenge is forbidden.
You are solely responsible for all activity on your Account. Your Account may be terminated if someone else uses it to engage in activity that violates the Conditions of Use of the Adrenalyn XL™ Online Challenge, the rules available in the Adrenalyn XL™ Online Challenge or is otherwise improper or illegal. You should not share your Account password with others.
Panini reserves the right to change, modify, or terminate (or any part thereof) the Adrenalyn XL™ Online Challenge with or without notice at any time for any reason. Panini shall not be liable to you or any third party for any change, modification, interruption, suspension, or termination of the Adrenalyn XL™ Online Challenge.
Cost to Run the ADRENALYN XL™ Online Challenge and its use
You are responsible for the Internet connection costs or the costs associated to the use of the Adrenalyn XL™ Online Challenge on your computer or smartphone/tablet. You should check the connection fees with your Internet provider or with your mobile data provider before using the Adrenalyn XL™ Online Challenge.
You can download the Adrenalyn XL™ Online Challenge for free and without payment of any compensation in addition to the connection costs mentioned above. Inside the Adrenalyn XL ™ Online Challenge there are some services whose use is subject to payment.
Content Ownership and Intellectual Property
Content on Adrenalyn XL™ Online Challenge includes software, design, technology, text, accounts, images, messages, links, music, sound, graphics, pictures, videos, code, and all audio, visual, or other material appearing in any way in the Adrenalyn XL™ Online Challenge.
All this content is owned by Panini or Panini's third party licensors and is protected by International copyright, trade dress and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. The use of the content is allowed solely within the Adrenalyn XL™ Online Challenge and is limited by the intellectual property rights of Panini.
You are not authorized to copy or download any content. In addition, you can not distribute, publicly perform, or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, decompile, disassemble, reverse engineer, or otherwise make unauthorized use of content.
Any use of the content in violation of the Conditions of Use of the Adrenalyn XL™ Online Challenge will be considered a violation of intellectual property laws and may take criminal or civil action against whoever committed the violation.
Links to Third Party Sites or Applications
PANINI is not responsible for the content of third party web sites or applications that may be linked to the Adrenalyn XL™ Online Challenge.
If you enter a third party web site or application, even if containing the Panini logo, you should remember that Panini has no control of the content of such an independent web site/application. Furthermore, a link to a third party web site/application does not mean that Panini approves or assumes responsibility for its content or use.
If you decide to visit and to use any linked site/app and/or to download files, you do so at your own risk and it is your responsibility to take all protective measures to guard against destructive elements like viruses, worms, Trojan, or other. In no event shall PANINI be liable for any direct, indirect, special, consequential, or other damages (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of the site or any linked web site/app, even if PANINI has expressly advised of the possibility of such damages.
Limitations on Warranty and Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT THE USE OF THE ADRENALYN XL™ ONLINE CHALLENGE IS AT YOUR OWN RISK.
This Adrenalyn XL™ Online Challenge is provided “as is” without any representations or warranties, express or implied.
Panini operates with reasonable care and professional skills in making the Adrenalyn XL™ Online Challenge available but cannot give any warranty about the quality, functionality, availability, or performance of the Adrenalyn XL™ Online Challenge.
Panini will use any commercially reasonable means to protect your data but in no event shall PANINI be liable for any direct, indirect, special, consequential or other damages arising (including, without limitation, any lost profits, business interruption, loss of information or programs or other data on your information handling system) that are related to the use of the Adrenalyn XL™ Online Challenge on your computer or mobile device even if PANINI is expressly advised of the possibility of such damages.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH PANINI OR ITS LICENSORS ARISING OUT OF OR RELATING TO THE ADRENALYN XL™ ONLINE CHALLENGE IS TO STOP USING IT AND TO CANCEL YOUR ACCOUNT.
The limitation of liability shall apply to the maximum extent permitted by law in those jurisdictions that don’t allow the full EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
Upon Panini and/or its licensors' request, you agree to defend, indemnify, and hold harmless Panini, its licensors, and Panini Group Companies, its directors, managers and employees, contractors, vendors, and content providers from all liabilities, claims and expenses, including professionals' fees, that arise from or relate to a breach of the Conditions of Use of the Adrenalyn XL™ Online Challenge asserted by any third party for which you are responsible or in connection with your distribution of any content on or through Adrenalyn XL™ Online Challenge.
You also agree to indemnify and hold Panini and its licensors harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account.
Panini and its licensors reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to Panini and/or its licensors in that matter.
If any part of these Conditions of Use of the Adrenalyn XL™ Online Challenge is deemed invalid by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
The Conditions of Use of the Adrenalyn XL™ Online Challenge are a legal agreement between you and PANINI with respect to the use of the Adrenalyn XL™ Online Challenge. The failure of Panini to exercise or enforce any right or provision of the Conditions of Use of the Adrenalyn XL™ Online Challenge shall not constitute a waiver of such right or provision.
This agreement and any dispute or claim arising out of, or in connection with, it or its subject matter or formation, shall be governed by and construed in accordance with the laws of Italy without regard to its conflict of laws principles.
Court with jurisdiction
You hereby agree to the exclusive jurisdiction for any claim or dispute with Panini arising out of or relating to your use of the Adrenalyn XL™ Online Challenge resides in the venue of the Modena Court, Italy.
3. General Conditions of Sale for digital content or services in the Adrenalyn XL™ Online Challenge
We encourage you to carefully read these General Conditions of Sale, along with the Conditions described in points 1 and 2 above and completing them, before proceeding with any purchase of digital content and/or services offered on sale inside the Adrenalyn XL™ Online Challenge (hereinafter referred to as "Purchase" and/or "Purchases"). By proceeding with any Purchase you declare to completely accept these General Conditions of Sale.
The Purchase creates a legal agreement signed through computer networks between you and:
- Apple Inc. in case you purchase through iTunes
- Panini S.p.A. in case you purchase through Google Play or PayPal.
The Purchase agrements of access to digital content or services in the Adrenalyn XL™ Online Challenge shall be deemed concluded when the payment has occurred.
The Purchase is allowed to consumers - understood as those natural persons acting for purposes which are outside their trade, business or profession.
Children under the age of 18 are not permitted to purchase from our Applications.
The consumer purchases the access to digital content and services, the characteristics of which are described in the relevant sections of the Application, at the time of the request for confirmation of the Purchase transaction.
Before the Purchase order is sent, the unit cost of each chosen digital content or service is summarised.
You can use different payment methods according to the version of the Adrenalyn XL™ Online Challenge you are buying from.
- Payment by PayPal
- After choosing this method of payment and after confirming the details of your Purchase, you will be taken to the PayPal login page where you can enter your account details and conclude your payment.
- If you do not have a PayPal account yet, you can create one from the PayPal login page, before concluding your order. PayPal also allows you to make payment even if you do not have an account, selecting the "host" modality and inserting directly your credit card details.
- In App Purchase
- The consumer can pay for the Purchase using the In-App payment system available on the iTunes and Google Play store as follows:
- IOS apps (iTunes):
- the Purchase via the application installed on iOS devices takes place via the Apple Inc. iTunes payment system, which is therefore solely responsible for any failure relating to the payment. The consumer therefore has to have a credited account with the Apple iTunes store.
- The Purchase entails you read and accepted the General Conditions of Sale herein.
- Android apps (Google Play):
- the Purchase via the application installed on Android devices takes place via the Google Inc. Google Wallet payment system, which is therefore solely responsible for any failure relating to the payment. The consumer therefore has to have a Google Wallet account with Google Inc.
- The Purchase entails you read and accepted the General Conditions of Sale herein.
The Purchase may be related to virtual coins you can use inside the Adrenalyn XL™ Online Challenge to do further Purchases. Purchasing, earning or receiving Virtual Coins from Panini or from partners approved from Panini or affiliated companies, you gain a personal, limited, non-transferable, revocable license to access and select a content made explicitly available by Panini inside the Adrenalyn XL™ Online Challenge.
The Virtual Coins have no monetary value outside the Adrenalyn XL™ Online Challenge and it doesn't constitute currency or property of any kind. Virtual Coins can be redeemed only with the Purchase inside the Adrenalyn XL™ Online Challenge and are not refundable. At the closing date of the Adrenalyn XL ™ Online Challenge, residual virtual coins of the User will not be refunded nor reactivated in other Panini Applications.
Access to content or activation of digital services purchased
The access to content or the activation of the digital services purchased will happen automatically as soon as Panini receives notification that the transaction via the above-mentioned payment systems was successful.
Purchases are personal and can be downloaded only once. After the download, they can not be replaced. Once a Purchase has been placed and received, Panini is not liable to the consumer in the event of loss, destruction, or damage to the Application. Purchases remain in the availability of the User until the closing date of the Adrenalyn XL ™ Online Challenge where the Purchase was made and will not be refunded nor reactivated in other Panini Applications.
Panini may not be held responsible for the unavailability of the Purchases in case any change, alteration, interruption, suspension or closing of the Adrenalyn XL™ Online Challenge shall occur.
Exclusion of the right of withdrawal
Pursuant to the provisions of Article 55, paragraph two, of the Consumer Code, the consumer shall have no right of withdrawal, inter alia, in the following cases:
- supply of audio-visual products (or sealed computer software) that have been opened by the consumer, supply of newspapers, periodicals, and magazines.
The consumer understands that the access to digital content or services purchased via the Application, owing to their nature, are available immediately and, consequently, expressly acknowledges the exclusion of the right of withdrawal specified in contracts stipulated remotely pursuant to Art. 64 of the Consumer Code (Italian Legislative Decree 206/2005 and subsequent amendments and addenda) and Art. 5 Appendix A) Resolution no. 664/06/CONS.