Terms of service

This page outlines the Terms of Service under which Tabula Games S.r.l. (“we” or “us”) provides the use of our Tabula Power website (hereinafter, the “Service”).

Please read this page carefully. By using the Service, “you” are indicating your acceptance to be bound by these Terms of Service. In other words, these Terms of Service are a binding contract between you and us. If you are unwilling to be bound by these Terms of Service, please do not use the Service.

By entering into these Terms of Service, you further acknowledge your understanding and acceptance of our Privacy Policy.

Please note that these Terms of Service are subject to change. We may, in our sole discretion, revise the Terms of Service at any time by updating this page. You should visit this page periodically to review the Terms of Service, as it is binding upon you.

We designed Tabula Power to reward Tabula Games supporters with special benefits which may apply to our crowdfunding campaigns and selling operations.

The Service consists of an advanced scoring system, which retrieves data from your activities on our Kickstarter campaigns. Your score determines which rewards you are eligible to receive. The results are updated in real time and the score can increase or decrease based on your activity as a Tabula Games supporter. Only registered users can access the Service.

We are always working on improving the Service, so keep a lookout for new features.

All users of the Service are responsible for their username, password, and the security of the Account. You may never use another's username and password. You may not allow others to access or use the Service with your unique username and password. You agree to notify us immediately of any breach of security or unauthorized use of your account. You acknowledge and agree that we will not be liable for any losses caused by any unauthorized use of your username and password. You shall keep your account password secure, and take appropriate measures to safeguard the security of your username, password and electronic device(s).

In addition, all users of the Service are responsible for providing a valid email address, and any other information requested in order to complete the signup process. If any of this information changes, the information must be immediately updated with the current information. Information can be changed or updated by going to the “Account” area of the Service and modifying the pertinent information. All users can also contact us with questions on how to update or change their information by email at info@tabula.games.

Finally, all users of the Service shall be responsible for complying with these Terms of Service, and further understand and agree that they are responsible for all information, data and content that they enter into the Service, and all activity that occurs using the Service.

Use the Service only for acceptable uses and not for any illegal or prohibited purpose.

As one of the conditions of your use of the Service, you represent, warrant and agree that you will not use (or plan, encourage or help others to use) the Service for anything other than the Acceptable Uses, which are defined below in Section 4. You shall NOT use the Service in any manner that is prohibited by these Terms of Service or which is illegal or prohibited by applicable law (including but not limited to copyright laws).

Comply with laws in your jurisdiction

Recognizing the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable data. Specifically, you agree to comply with all applicable laws of your jurisdiction regarding the transmission of technical data and personally identifiable information exported from the country in which you reside.

Be over the age of 13 and capable of giving legal consent

You must be at least the age of 13 to use the Service, or if you are between 13 and the age of legal consent, you must have the consent of a parent or guardian who agrees to be bound to these terms to use or access the Service. To be clear, you may not use or access the Service if you are under the age of 13. Any use or access to the Service by anyone under the age of 13 is strictly prohibited and in violation of these Terms of Service. By using the Service, you represent and warrant that you are over the age of 13 and you have (or, if you are between the age of 13 and legal consent, your parent or guardian represent has) the full right, power and authority to enter into these Terms of Service and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these Terms of Service.

Not be previously prohibited from using the Service

The Service may not be used by anyone we previously prohibited from using the Service.

Be a human

Accounts registered by “bots” or other automated methods are not permitted.

Only sign up for one (1) free account

One user may not maintain more than one (1) free account.

We are providing the Service to you so that you may get the opportunity to benefit from your activity as a Tabula Games supporter. You agree that you will only use the Service for the Intended Purpose. You specifically agree that you will NOT:

1. Use the Service if you are under the age of 13.
2. Use the Service to “stalk” or otherwise harass another.
3. Use the Service to impersonate any person or entity, including, but not limited to, falsely state or otherwise misrepresent your affiliation with a person or entity.
4. When signing up for the Service, use misleading email address or enter false and/or misleading information.
5. Use automated means, including spiders, robots or crawler from any of our databases, unless said means is by an API that we have specifically approved of.
6. Incorporate information or content from our Service into any email or “white pages” products or services, whether browser-based, based on proprietary client-site applications, web-bates or otherwise.
7. Sell, distribute or make any commercial use of Third-Party Information in a manner that could be expected to offend the person for whom the Third-Party Information is relevant.
8. Engage in any of the following prohibited activities: (I) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (II) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional web browser, unless said system is by an API that is specifically approved of by us.
9. Interfere with or disrupt the Service or servers or networks connected to the Service.
10. Decompile, disassemble, modify, translate, adapt, reverse engineer, create derivative works from, or sublicense any work, including but not limited to software which is deployed in connection with the Service.
11. Post links to any material, or act in any manner that is offensive or contrary to the spirit of these Terms of Service.

Monitoring

We have no obligation to monitor the Service or your use of the Service. You acknowledge and agree that we have the right to monitor the Service electronically from time to time and to disclose any information that we deem necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its users, affiliates, partners and contracted parties, as discussed in further detail in our Privacy Policy.

Security

While we take the security of the Service very seriously, we cannot ensure or guarantee the security of the Service. Any such use shall be at your sole risk, and you shall relieve Tabula Games S.r.l. and our affiliates of all liability in connection therewith.

Cancelling your Account

You are solely responsible for properly cancelling the Account. An email or phone request to cancel your Account is not considered cancellation. To cancel the Account, you must click on your “Account” link (your username) in the global navigation bar at the top of the screen. The Account screen provides a simple no-questions-asked cancellation link for each application. If you have questions regarding cancelling an Account, we are happy to help. Just email us at info@tabula.games. However, please be aware that you will no longer have access to the Service and all User Data will be deleted after one (1) year. User Data cannot be recovered once your account is cancelled and one year from the date of cancellation has passed.

We may also terminate or suspend your Account

We, in our sole discretion, have the right to suspend or terminate your Account and refuse any and all current or future use of the Service for any reason at any time, including a violation of these Terms of Service. In the event we terminate your Account, the termination will result in (I) the deactivation or deletion of your Account, and (II) forfeiture and relinquishment of all User Data after one year from the date of termination has passed. After termination, you will no longer have access to the Service. As previously stated, we will not be responsible for any costs, expenses, or liabilities arising out of or related to the termination of your Account.

Cancellations and Terminations after retrieving rewards

If your Account is cancelled or terminated after you retrieved any rewards, your cancellation/termination will take effect immediately and you will lose all the privileges associated to your rewards, even the ones you already unlocked or benefit from.

Reservation of our rights

We reserve the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof), with or without notice.

Variations on the scoring system

The scoring system is subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (tabulapower.com) and by emailing you at the email address provided. You agree to receive such emails regarding scoring system changes. We shall not be liable to you or to any third party for any modification, rule change, suspension or discontinuance of the Service.

Variations on the rewards

The available rewards and their commercial value are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to our website (tabulapower.com) and by emailing you at the email address provided. You agree to receive such emails regarding rewards changes. We shall not be liable to you or to any third party for any modification, rule change, suspension or discontinuance of the Service.

Our Intellectual Property

Our Service, including but not limited to text, graphics, images, logos, buttons, icons, software and other materials and the overall "look" and "feel" of the Service, are the sole property of Tabula Games, and are the protected patents, copyrights, trademarks, and service marks of Tabula Games S.r.l. (the “CB IP”). Content which is not created by us, including all other third-party product and service marks, are the trademarks and copyrights of their respective owners. Unauthorized use of the CB IP may violate copyright, trademark and other laws. You may not reproduce, modify, display, sell, or distribute the CB IP unless you obtain our explicit written consent. We grant you a license to use the CB IP for the sole purpose of accessing and using the Service.

Your Intellectual Property

We claim no intellectual property rights over the User Data – the User Data remains yours. However, we ask that you respect the law, and not violate anyone's intellectual property rights. Thus, you represent and warrant that:

1. The User Data does not and will not violate third-party rights of any kind, including without limitation third-party copyrights, trademarks, or rights of privacy or publicity.
2. The User Data does not violate these Terms of Service, and falls within the Acceptable Uses section of these Terms of Service.
3. There is no suit action or claim or other legal or administrative proceeding now pending or threatened which might directly or indirectly affect any of the User Data, or which might in any way impair the rights granted by you under these Terms of Service.
4. If the User Data incorporates (I) content/information created by another individual/entity or (II) content/information from and/or about another individual/entity (collectively, "Additional Content"), you represent and warrant that you have all rights, licenses and applicable permissions required by law to post and use the Additional Content.
5. Licenses
   You expressly grant us, and you represent and warrant that you have all rights necessary to grant to us, a worldwide, non-exclusive, sublicensable, transferable, perpetual and irrevocable license to use the User Data to provide the Service.

Third Parties' Intellectual Property

We use several third-parties to make certain features of the Service available to you, including but not limited to Kickstarter. You agree to be bound by these third party licenses of software or content, and you further agree to abide by the terms of use and privacy policies of any such third party software or content.

GDPR

We are committed to protecting copyrights and expect our users to do the same. We abide by the General Data Protection Regulation ("GDPR"). If the owner of a proprietary work believes that a user of our Service is using his/her/its proprietary work and that work has been copied in a way that constitutes a copyright infringement, please immediately notify us in writing as follows:

Please send the written notification to our designated agent, Alessandro Veracchi, at the following address:

Tabula Games S.r.l.

via Fra Filippo Longo 16/b

Magione, PG, 06063 Italy

Phone: (+39) 075843667

Email: info@tabula.games

The notification should be a written communication that includes substantially the following (please consult legal counsel or see General Data Protection Regulation - https://gdpr-info.eu/ - to confirm these requirements). To expedite our ability to process the notification, please use the following format:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that the copyright owner claims has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on/in the Service;
4. Information reasonably sufficient to permit Tabula Games S.r.l. to contact the copyright owner, such as his/her/its address, telephone number, and, e-mail address;
5. A statement that the copyright owner (or his/her/its representative) has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that the signatory is the copyright owner or is authorized to act on behalf of the owner.

Counter Notification.

If you disagree that you are infringing on another’s work, you may elect to send us a counter notice. To be effective, your counter notice must be a written communication provided to our designated agent that includes substantially the following (please consult legal counsel or see General Data Protection Regulation - https://gdpr-info.eu/ - to confirm these requirements). To expedite our ability to process the counter notification, please use the following format:

1. A physical or electronic signature.
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
4. Your name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Foro di Perugia, or if the subscriber's address is outside of Italy, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from an agent of such person.

Please also note that under the GDPR, any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability. All reports and inquiries will be kept confidential, except to the extent necessary to investigate any alleged violation and enforce the terms and conditions of these Terms of Service. These Terms of Service are not legal advice, and before sending either a copyright infringement notification or counter notification, you may wish to contact a lawyer to better understand your rights and obligations under the GDPR and other applicable laws. The following notice requirements are intended to comply with our rights and obligations under the GDPR and do not constitute legal advice. Where applicable, we will comply with the procedures outlined in the GDPR.

You agree to defend, indemnify and hold harmless Tabula Games S.r.l. and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from: your breach of these Terms of Service, your breach of representations and warranties made in these Terms of Service, your violation of any other person's intellectual property, your conduct (including but not limited to violations of the law), and your use of the Service. The User specifically agrees to defend, indemnify and hold harmless Tabula Games S.r.l. and its employees, officers and directors from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from the actions or inactions of User.

Release and Limitations of Liability

You agree to release Tabula Games S.r.l. and our employees, directors and officers from any claims, demands and damages (actual, consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Service and/or your use of the Service.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, INCOME, OR DAMAGES RESULTING FROM LOST DATA, INACCURATE INFORMATION, OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SERVICE AND/OR THE CONTENT WITHIN THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS EXCLUSION OR LIMITATION OF LIABILITY IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN OUR MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE.

Warranties

By entering into these Terms of Service you acknowledge and agree that we are simply providing the Service for free and that we make no warranties of any kind relating to the Service, any data or content contained within or related to the Service, any data or content available through the Service, and documents or information available through the Service. Furthermore, nothing on or within Service shall be considered an endorsement, representation, assumption of responsibility or warranty with respect to any third party, whether in regards to their website, products, technologies, Service, business practices or otherwise.

WE DO NOT WARRANT THAT OUR SERVICE, OR THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OPERATE ERROR-FREE, OR BE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

YOU ASSUME FULL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE AND THE INTERNET IN GENERAL. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TABULA GAMES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Limitation of Actions

You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, or relating to, your use of Service must be filed within one (1) year after such claim or cause of action arises, or forever be barred.

Email Notification

You acknowledge and agree that by providing us with your email address, you grant consent for us to send you notices related to the Service, including any notices required by law, in lieu of communication by postal mail. Therefore, you must make sure your email address listed under your "Account Information" section is current and accurate. If you do not want to receive legal notices through email messages, and prefer to receive legal notices by mail, please contact us at the address provided below. If you do not want to receive non-legal notices by email, please opt out by contacting us at info@tabula.games.

Your Communications with us regarding improvements to the Service

You may contact us by email, phone, or mail at the address provided below. If you contact us, you agree that if you have ideas regarding improvements or additions to us, we would like to hear them -- but any submission will be subject to these Terms of Service.

UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA OR RELATED MATERIALS TO US BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING THE IDEA AND/OR ANY RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE IDEA OR ANY RELATED MATERIALS AND ARE REPRESENTING AND WARRANTING TO US THAT THE IDEA AND/OR RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS ANY RIGHTS IN THE IDEA AND/OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.

Use the Service at your own risk

Your use of the Service is at your sole risk. The Service are provided on an “as is” and “as available” basis.

Access outside Italy

We make no claims that the Service are appropriate or legal to be viewed by certain persons or in certain countries. If you access the Service from outside of Italy, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

No waiver and partial validity

The failure of Tabula Games S.r.l. to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Tabula Games S.r.l. and governs your use of the Service, superseding any prior agreements between you and Tabula Games S.r.l. (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of any term of the Terms of Service shall be deemed a further or continuing waiver of such term or any other term.

Arbitration

You agree that any dispute related to these Terms of Service, your use of the Service, or any dispute related to your relationship to Tabula Games S.r.l. or our affiliates, directors, officers, agents, shareholders, members, subsidiaries, parents, shall be submitted to binding arbitration under the rules of the Foro di Perugia, located in Perugia, Italy.

Equitable relief

You understand and agree that due to the nature of these Terms of Service, in addition to money damages, we will be entitled to equitable relief upon a breach of the Terms of Service by you.

Governing Law and jurisdiction

These Terms of Service are governed by the laws of Italy without respect to its conflict of laws principles. Jurisdiction for any claims arising under these Terms of Service shall be exclusively brought by arbitration in Perugia, Italy.

Entire agreement

These terms constitute the Tabula Games S.r.l. entire binding Terms of Service, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Tabula Games.

Digital admissibility

You hereby agree that a printed version of these Terms of Service shall be admissible in judicial or administrative proceedings and is subject to the same conditions as other agreements, business documents or records originally generated, entered into, signed or maintained in printed form.

Any questions or concerns should be addressed to our support team at info@tabula.games or by mail at:

Tabula Games S.r.l.

via Fra Filippo Longo 16/b

Magione, PG, 06063

Italy

You can also reach us by phone at: Phone: (+39) 075843667