Terms of use
From Maxithlon
Terms and conditions of Maxithlon
Maxithlon requires that all Users read and accept the following Terms and Conditions before registering, in order to avoid eventual unpleasant consequences while playing.
The following terms and conditions are established by the game Administrator (from now on indicated as Admin) according to laws into force in Italian Republic territories. Admin and the whole Staff (composed of the Admin, Moderators and Operators) have complete jurisdiction inside the game and can make decisions arbitrarily, in order to take care of the game community’s safety. Modifications or updates to the rulebook could, from time to time, bring some changes to the status of every single User. In this case the participant has no rights to maintain his previous status. These modifications can be made official through Staff news on the homepage.
It is strongly advised to all Users to take a periodic look over this page.
Section 1: Terms and conditions
Terms and Conditions validity
To register for Maxithlon, every User has to accept, in an implicit or explicit way, the following Terms and Conditions. Terms and Conditions are basically, but not only, referred to all the services that Maxithlon offers (game, federations, relationships with and between players).
Responsibility
Maxithlon is a completely free online game. Due to this no User could ever claim rights or interests towards the availability of the services offered. Maxithlon accepts no responsibility for the interruption of the normal server activity, whether due to a bug or any other kind of interruption. If some disadvantages happen to a User due to any kind of malfunction, this does not give him the right to request the re-establishment of his previous status. In case of important and severe inconveniences that will afflict the whole game, we will always try, as much as possible, to restore the situation as it was before the problem.
Section 2: Agreement
Agreement starting
The agreement starts as soon as an account is registered into Maxithlon. The registration will start only after the acceptance of the subscription by a Staff member.
Ending by the User
The agreement can be unilaterally dissolved by the User at any time, just by not logging into the game. The deletion of all Users’ information related to them will automatically take place after a few weeks from their last login (the precise date can’t be communicated before as it depends on too many variable factors internal to the game, but in any case it will never exceed 120 days) and it will be notified to the User through their mail box. Maxithlon will keep on record Users’ details for no longer than it is technically required for normal administration purposes.
Ending by Maxithlon
No User could make any kind of claim towards his registration on Maxithlon. Maxithlon reserves the right to delete or lock the User accounts in cases of violation of these Terms and Conditions, but also in case of other unquestionable factors. Claims against deletion must firstly be made only towards Maxithlon’s Staff and its Admin. Every User, during this claim phase, has to take into consideration this agreement and also what is established by Terms and Conditions published in that precise moment on Maxithlon’s web site.
Accounts financed by Users
A User may decide to help finance the Maxithlon project to the extent to which they so choose. (Ie become a Maxitrainer). The User will then have access to new functions, not available to free accounts, but they will not be able to claim anything else. Accounts financed by Users are judged by the same regulation (specially in these Terms and Conditions) and have the same rights as the free accounts. The User has no right to request refunds except when the agreement has been unilaterally dissolved by Maxithlon and the User hasn’t caused its termination by inadequate behaviour. All kinds of violation of the current Italian laws, of these Terms and Conditions or of the game rules present inside the rulebook have to be considered as inadequate behaviour.
Section 3: Contents
Maxithlon furnishes a platform that permits the Users to communicate in different ways between them. Users are considered fully responsible for the contents of their communications,
Contents created by Users inside the game
All participants will have to take care not to spread messages containing contents that can be considered slanderous or defamatory, injurious, obscene, religiously offensive, damaging to personal privacy, or in any way illegal.
Most importantly, messages that have these contents are expressly forbidden:
- offences to institutions or to all kind of religions. Avoid making comments in a childish, sarcastic, profane or denigrating way;
- racism and all kinds of derogatory references to a race, people or culture;
- incitement to violence and the commission of any crimes;
- material under copyright that violates royalty laws;
- content that contradicts public order and good behaviour;
- in cases where excerpts are taken from official information: web-sites, from daily newspapers, from papers, from reviews etc., it’s necessary to cite the source.
Also not allowed are:
- messages containing insults, personal offences between members or between other persons;
- A contesting attitude and/or position, assumed with no reason, abundantly hostile towards Staff. About this point we remind you that the unquestionable decisions, taken by the Staff cannot be the subject of argument in public discussions and eventual complaints, criticism and explanation required about the moderation activity needs to be presented in a private way using the publicized systems internal to the game (contact module or email);
- arguments made that are not appropriate to the game spirit, in contrast to the tastefulness or able to offend the sensibility of other Users;
- in general, everything that is usually considered "spamming".
In addition it is not allowed, otherwise you’ll be kicked definitely and unconditionally out of the game, to use private messages to promote other internet web sites, or to invite, through their use, the User of our Forum to subscribe to other internet games or forums. Every User has to observe these rules of behaviour and has to indicate abuses to our Staff.
The entire game Staff have confidence in the Users’ common sense in order to maintain the game as a civic and agreeable place to meet new people and to meet with others, in order to limit as much as we can the activity of the moderation team.
Application area
These rules are valid and must be observed in all public places (federations, team presses, etc…), privately (private messages, etc…), in your nickname choice, in your Club-name choice and in all other areas of the game.
Moderation
Taking into consideration the fact that this is a "real-time" game, it is not always possible for the Staff to moderate and view messages not in accordance to the game spirit and to these Terms and Conditions that, anyway, could be removed if noticed.
It is possible that some messages, even if not in accordance to what we’ve just said, won’t be removed, due to Staff inattention or due to a Staff members’ choice. Anyway Users are still invited to report them to administration.
In any case the fact that, sometimes, a message not in accordance to the rules won’t be removed, gives to all Users no kind of right to contest the Staff decisions, neither to repeat the same violation in other areas.
Contents responsibility
Maxithlon.com and its Staff can in no-way be considered responsible for the contents of the messages sent by Users and the Staff reserves the right to delete and/or edit, indiscretionally and without any kind of warning, all messages judged as inappropriate or not in accordance with the game’s spirit, and anyway without assuming any obligation over it.
Every participant assumes to himself the full penal and civic responsibility deriving from the illicit contents of his own messages and from all other damages that could be claimed of from other people, referring to the publishment of his own messages.
The game administration reserves also the right to reveal the IP of a message author and to reveal all other informations he owns, in case of request by the authorities, in case of routine or extraordinary enquiries or investigations.
Rights upon created contents
The registered User also agrees that he could never require any kind of economic contribution for everything created by him during the normal game processing, neither any kind of right not expressly recognized by the game Admin. All participants that will insert content (such as messages, photos, images, etc…) in Maxithlon declares also to have the express legal rights to the ownership of said images, and should not otherwise use them.
Staff’s participation
Keep in mind that where the Staff members take part in a discussion or in an argument inside the federations, aside from their moderation functions, they do it only from a personal point of view and they do not necessarily express the views of the game administration.
Section 4: Prohibited actions
Manipulation actions
It has to be considered as prohibited:
1. the use of all kind of appliances, softwares or other utility connected with Maxithlon’s web-site that could cause malfunctioning, interruptions or that could interfere in some other ways with the functioning and the processing of the game;
2. the use of all kinds of utility that could cause unreasonable stress or an excessive stress for the technical capacities available on Maxithlon’s servers.;
3. to block, modify or delete general contents created by Maxithlon, or in any other case to interfere with the game functioning or its processing;
4. the use of software that captures data in an automatic way from our servers without an official authorization given by Maxithlon’s Staff.
Prohibited programs
It is prohibited to access Maxithlon’s pages with programs that are not web browsers. These programs are defined as “Bots” as all other units that simulate, substitute or replace the web interface. The same criteria is applied to scripts and programs fully or partially automatized that furnish advantages towards other Users and to functions or automatic updates and other appliances integrated within the browser, if they can’t be technically disabled.
Section 5: Restrictions
Maximum number of accounts
The User agrees to own and use only one account. No participant can in any way own, or use, more than one account. Situations that could be deemed suspicious (logins made by Users from the same net or from same computers) are to be communicated expressly to the game Staff in order to avoid their account being blocked.
Rulebook
For everything not expressly stated by these Terms and Conditions, refer to the rulebook present on Maxithlon’s guide.
Users’ block
The Users can be blocked temporarily or permanently in the use of one or more of Maxithlon’s services. Decisions upon times and ways of this are completely at Maxithlon’s discretion.
Section 6: Informations' protection
Maxithlon processes different types of data in order to facilitate the regular activity of the internet site and of the game itself. The whole Staff, as part of the normal administration and moderation of the game, can access these data, even though at different levels, relating to the different kind of tasks the singular Staff member has in the game.
Data Acquisition
Maxithlon needs, for the regular functioning of its web-site and for the processing of the functions of administration and control, to collect from its Users different types of data.
Type of acquired data
Maxithlon registers the data freely sent by Users to the system (Users’ personal information, internal game communications), the data automatically registered into the systems (for example, but not only referring to it, the IP logs or the various game udpates), but also information added manually by the Staff members.
The use of cookies is necessary in order to furnish some of the game’s internal services, but is not used to extrapolate from the Users’ computer any type of information. Cookies are registered on the Users’ browser, in fact, they contain information for the tracking session, for the saving of some game account data and to grant a regular navigation inside the web pages, without any need to make a new login every time. It is always possible for the User to deactivate the option to receive Maxithlon’s cookies, but they will then be unable to freely enjoy the afore mentioned services, because they will need to make a new login every time they want to visit a single page.
Advertisment
Maxithlon reserves the right to use cookies with advertising intents. No personal data will, anyway, be shared with other subjects external to Maxithlon.
Registration forms
While registering is required for all Users to furnish some personal information (as their names or their e-mail). These informations are used just to obtain a direct way to contact Users if it will be necessary: It is in the interest of all registered user to furnish truthful information, and it’s also in our interest to check the authenticity of what users furnish in order to verify every single data of each person, to the access to a specific Users’ account.
Demographic and personal data are extrapolated from the registration form and could be used by Maxithlon outside the game, but always using them together and never in a way that they could be linked to single Users present inside the game.
Infos for Maxitrainers
Maxithlon uses Paypal to correctly process payments for the extra features given as a Maxitrainer. No personal or financial information, such as the credit card number, will be registered in Maxithlon’s servers or databases. Paypal is responsible for the financial transactions and the game cannot give refunds directly. The User should contact Paypal to do with any such transactions.
None of the Staff members will ever have the right or the power to request similar information inside the game.
Surveys
All information collected through the use of survey instruments will be used for internal Maxithlon goals. In case it will be necessary to diffuse those informations outside the game, these will always be sent all together.
External web sites
Maxithlon may contain links to other web sites. Maxithlon will never be considered responsible for the privacy policies or the content of the web sites that are linked to externally..
Special relationships
Maxithlon does not share information about it's Users with external offices or web sites, except where there is a relationship between Maxithlon and those external offices and web sites. Each personal data that would be sent outside will always need to be expressly authorized by the User. In case Maxithlon will be sold to others, all privacy rights related to the Users’ accounts currently present inside the game will automatically pass to the new owner’s administration.
Public informations
This site offers to it's Users the possibility to interact in different ways with other Users. By this way, we remind to all Users that all kind of informations diffused by them in these areas (federations, private messages, club’s pages, etc….) will become public information. We kindly request you, by this way, to use maximum attention to choose which type of information you’d like to show to the public.
In case the User decides to autonomously insert an image, Maxithlon will consider the uploading action an explicit acceptance of responsibility for its contents (in other words, if you’ll insert an image of your friends or of other parts, you’ll have to be sure to have these persons’ permission to publish them before uploading it on our site).
Other type of informations
All informations directly or indirectly created inside Maxithlon will be considered informations internal to the game and could be used to develop the game itself, including investigation operations for cheating cases, rackets or criminal activity.
Security
Maxithlon’s site is inserted on the Internet and to be there it has to develop some protection measures in order to prevent the loss, editing or the alteration of the information we own. These include the password system, internal web-site security, firewalls, material security system (granted by our external host). In any case a perfect security system does not exist and possible infiltrations will always be possible. Even if we try to avoid unpleasant episodes, it’s up to the common sense of each User not to insert too much private information inside our systems. As the Internet is, for it’s own nature, insecure, and consider the fact that only sensible information will ever be requested to participate to our game, Maxithlon will never be considered responsible for eventual loss of data.
Objections
Personal data is handled according to art.13 of the Italian d.lgs. 196/2003. The Users can object about the data saving whenever they want. Since the online game participation requires the personal data saving for technical reasons, the Users’ account will immediately be deleted as soon as the system will receive the objection.
Section 7: Maxithlon’s rights towards accounts
All accounts are virtual game objects. The User doesn’t obtain the property of it or any other right on the account itself. All rights are reserved to Maxithlon. No rights, especially no exploitation rights, is given to User.
Exploitation prohibition
Without Maxithlon’s written authorization, it is prohibited to agree with someone else towards the transfer, the use or the furnish of accounts or of access information. More expressly , it is prohibited to sell accounts or to obtain any other profit from leaving an account or resources to someone else, independently from the fact that this happens temporarily or continuously. Same rule has validity upon access to information, upon utilization rights or upon other attempts to escape from this regulation. Violations of these or other Maxithlon’s rights, especially copyrights, will be notified to authorities and will be prosecuted as stated in laws.
Section 8: Responsability
Maxithlon has to be considered as not responsible for any kind of damage caused by the game use. Maxithlon reminds all it's Users that a massive participation to computer games can cause the risk of serious psychophysical damage.
Section 9: Edit of Terms and Conditions
Maxithlon reserves the right to modify or extend these Terms and Conditions at any moment. The eventual edit or extension will be published in Maxithlon’s forum and on Maxithlon’s homepage before changes will effectively take place. The current rulebook can be modified at any moment and without warning: due to this the User has to visit it periodically and to verify the eventual presence of updates.
Section 10: Applicable law
For what until here not expressly stated and for all other polemics that could rise inside Maxithlon between Users themselves or between Users and Staff, applicable law is the one in force in the Italian Republic.
