THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) APPLY TO YOUR USE OF THE WEBSITES OF PHOLTAR INDUSTRIES LLC ("DIBERSIO", "WE", "UN" OR "OUR") AND ITS AFFILIATES, INCLUDING ANY CONTENT, FUNCTIONALITY, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH SUCH WEBSITES (COLLECTIVELY, THE “WEBSITE”), WHETHER AS A GUEST OR A REGISTERED USER. THESE TERMS ALSO APPLY TO YOUR USE OF OTHER DIBERSIO SERVICES THAT DISPLAY OR INCLUDE THESE TERMS (“ADDITIONAL SERVICES”). IN THESE TERMS, THE WEBSITE AND ADDITIONAL SERVICES ARE COLLECTIVELY REFERRED TO AS THE “SERVICES.”
TO ENTER INTO THE CONTRACT CREATED BY THESE TERMS, YOU MUST BE AN ADULT OF THE LEGAL AGE OF MAJORITY IN YOUR COUNTRY OF RESIDENCE. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS USING OR ACCESSING OUR SOFTWARE, INCLUDING THE ACTIONS OF ANYONE YOU ALLOW TO ACCESS TO YOUR ACCOUNT. YOU AFFIRM THAT YOU HAVE REACHED THE LEGAL AGE OF MAJORITY, UNDERSTAND AND ACCEPT THESE TERMS (INCLUDING ITS DISPUTE RESOLUTION TERMS). IF YOU ARE UNDER THE LEGAL AGE OF MAJORITY, YOUR PARENT OR LEGAL GUARDIAN MUST CONSENT TO THESE TERMS.
In addition to these Terms, software or services that are included in or otherwise made available to you through the Services may be subject to separate agreement between you and Dibersio, such as end user license agreements. If these Terms are inconsistent with any such agreements, those agreements will control.
Please review our Privacy Policy found at https://dibersio.com/privacypolicy, which also governs your use of the Services, to understand our practices.
We may update these Terms from time to time; you should check this page regularly to take notice of any changes. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes.
We may withdraw or amend the Services, and any related service or content, or restrict access (including by means of cancellation, termination, or modification, or suspension of a user account) to all or certain users (including you) without notice and without liability to you in our reasonable discretion. Additionally, due to your geographic location, the Services or some of their features, services, or content may be unavailable to you. Notwithstanding anything to the contrary herein, we may terminate or suspend access to the Services based on your breach of these Terms.
To access certain Services, you will be asked to provide registration details or other information, and in order to use such resources, all the information you provide must be correct, current, and complete. From time to time, in order to access the Services or certain games, services, or functionality, Dibersio may require some or all users to download updated or additional software. The terms of use of such software may be subject to separate agreement between you and Dibersio.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential (other than user name), and you must not disclose it to others. You must immediately notify Dibersio of any unauthorized use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may only access the Services through your own account. Users do not own their accounts, and gifting or otherwise transferring of accounts or access keys is prohibited.
We reserve the right to change your display name if we deem it offensive, misleading, potentially infringing the rights of third parties or if you have been inactive for more than a year.
Photosensitivity: Certain people may react to certain visual images or patterns, including flashing lights (regardless of whether they have a diagnosed condition or history). Reactions may be reduced by playing in a well-lit room, avoiding playing while drowsy, viewing the game from some distance or on a smaller screen, and limiting duration of use.
The Services, including all content, features, and functionality thereof, are owned by Dibersio, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws.
You are permitted to use the Services for your personal, non-commercial use only or legitimate business purposes related to your role as a current or prospective customer of Dibersio. Except as provided below, you must not copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the material obtained through the Services, or delete, or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services. However, if you are otherwise in compliance with these Terms, you are permitted to use, elsewhere and on other websites, an unaltered copy of portions of the content that is publicly available on the Website for the limited, non-commercial purpose of discussing such content.
You must not reproduce, sell, or exploit for any commercial purposes any part of the Services, access to the Services or use of the Services or any services or materials available through the Services.
For clarity, the foregoing permissions are limited to the Services, and no rights are granted with respect to any servers, computers, or databases associated with the Services.
ALL CHARGES INCURRED IN CONNECTION WITH THE SERVICES AND ALL FUNDS PLACED IN THE DIBERSIO ACCOUNT BALANCE ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART, REGARDLESS OF THE PAYMENT METHOD, EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW. Through the Services, Dibersio may make available a prepaid balance service ("Dibersio Account Balance”). Your Dibersio Account Balance may only be used to obtain certain products and services offered by Dibersio.
When you provide a Payment Method to Dibersio for use in connection with the Dibersio Account Balance, you represent to Dibersio that you are the authorized user of the Payment Method, and you authorize Dibersio to charge your Payment Method for any Dibersio Account Balance funds or other fees incurred by you. If your use of the Dibersio Account Balance is subject to any sales or other taxes, then Dibersio may also charge you for those taxes. You are responsible for all uses of your Dibersio Account Balance, including all applicable taxes and all purchases made by you or anyone else using your Dibersio Account Balance.
Dibersio Account Balance funds do not constitute a personal property right and have no value outside the Services. If you are refunded for an item purchased using Dibersio Account Balance funds, Dibersio will return the funds to your Dibersio Account Balance. Dibersio Account Balance funds are non-transferable to another person and do not accrue interest.
Dibersio reserves the right to suspend or terminate your Dibersio Account Balance if after investigation Dibersio determines in its sole discretion that you misused the Dibersio Account Balance, conducted unauthorized Dibersio Account Balance transactions from another user’s Dibersio Account Balance, or used the Dibersio Account Balance to conduct any fraudulent or other illegal activity. In the event that your Dibersio Account Balance is terminated or suspended in accordance with these Terms for reasons other than fraudulent or other illegal activity, Dibersio will return your remaining Dibersio Account Balance less any charges, fees, or other amounts owed to Dibersio. Otherwise, Dibersio Account Balances are not refundable and are not redeemable for money or monetary value from Dibersio or any other person or entity. Dibersio Account Balances that are deemed unclaimed property may be surrendered to the applicable authority, as required by applicable law.
The account balance will be cancelled after more than 2 years without any movement of income or expenses.
The prizes distributed to the winner or winners of the competitions will be cashed following Dibersio's instructions. Dibersio may use a third party service to pay the prizes.
To collect prizes it will be necessary to identify yourself with an identity document. Dibersio may hire a third-party service to identify the user before paying prizes. The identification service will be paid by the user. Identification must be made once and will be valid for subsequent charges as long as there are no changes in the identification data (ID, address, etc.)
Minors cannot collect the prizes directly, their parents or legal guardians must do so.
If required by the authorities, mandatory taxes will be deducted.
It is strictly prohibited to maintain more than one user account per person. In the event that a user has created two accounts, the second will be canceled, losing the balance of its account and the prizes pending collection.
If the player enters late or leaves a game, he loses the game.
In the competitions with a fixed number of games, players must play a certain number of games with different players. Once all the games have been played, the player must wait until the end of the competition to know the final ranking..
This competition requires grouping players in such a way that they can all play games with different players. It may happen that a player does not find a sufficient group of available players to be able to play all the compulsory games. In that case, the money will be refunded to his account and he will be able to register for the next competition..
In case a player does not finish all the mandatory games of the competition, the system will automatically give the result. Players who have tried to play all their games but because of others have not been able to do so, will win their pending games. The rest of the games will be drawn or lost..
The ranking will be reflected on the platform. It will not be until after the final date of the competition that the final results will be announced and the winners will be able to collect the prizes. Each competition will have different prizes.
After the end date of the competition, it will not be possible to play more games of the competition..
Custom competitions allow the user who creates them to earn money in the form of commissions. Custom competitions can be created to raise funds for charity projects or simply to make a profit.
To collect commissions, it is mandatory to identify yourself with a valid identification document. Dibersio may contract a third-party service for user identification before payment of profits. Identification must be made once and will be valid for subsequent collections as long as there are no changes in the identification data (ID, address, etc.).
The user will be able to set the price of the registration to the competition. The platform will make the conversion to the different supported currencies automatically. The exchange rate for the sale of entries, commissions and prizes will be established by Dibersio.
You may use the Services only for lawful purposes and in accordance with these Terms of Service. You agree not to access or use the Services for any purpose that is illegal or beyond the scope of the Services’ intended use (in Dibersio’s sole judgment).
You must play the games according to each one's instructions. Attempting to circumvent the rules of the games in any way to win deceptively through any game manipulation techniques or using will be considered a serious offense. Using artificial intelligence to win games in any is also prohibihited. In such cases, accounts will be canceled and your account balance and any outstanding prizes will be forfeited.
The use of VPN services to play on Dibersio is prohibited.
El uso de técnicas de programación o accesos fuera de la interficie de usuario, tal y como ha diseñado Dibersio, está terminantemente prohibido.
The use of programming techniques or accesses outside the user interface, as designed by Dibersio, is strictly prohibited.
You may link to publicly available portions of the Services if you do so in a way that is fair and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. The Services must not be framed on any other website or service. We reserve the right to withdraw linking permission without notice.
If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Nothing in these Terms will prejudice the statutory rights that you may have as a consumer of the Services. Some countries, states, provinces or other jurisdictions do not allow the exclusion of certain warranties or the limitation of liability as stated in this section, so the below terms may not fully apply to you. Instead, in such jurisdictions, the exclusions and limitations below shall apply only to the extent permitted by the laws of such jurisdictions.
The Services and all information, content, materials, products (including software), and other services included on or otherwise made available to you through the Services are provided by Dibersio on an “as is” and “as available” basis. Dibersio makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software), or other services included on or otherwise made available to you through the Services. You expressly agree that your use of the Services is at your sole risk. To the full extent permissible by law, Dibersio disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Dibersio does not warrant that the Services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Services, Dibersio’s servers, or electronic communications sent from Dibersio are free of viruses or other harmful components.
To the full extent permissible by law, Dibersio will not be liable for any loss of profits or any indirect, incidental, punitive, special or consequential damages arising out of or in connection with this these Terms. Further, to the full extent permissible by law, Dibersio’s aggregate liability arising out of or in connection with these Terms will not exceed the total amounts you have paid (if any) to Dibersio under this Agreement during the twelve (12) months immediately preceding the events giving rise to such liability. These limitations and exclusions regarding damages apply even if any remedy fails to provide adequate compensation.
This section only applies to the extent permitted by applicable law. If you are prohibited by law from entering into the indemnification obligation below, then you assume, to the extent permitted by law, all liability for all claims, demands, actions, losses, liabilities, and expenses (including attorneys’ fees, costs and expert witnesses’ fees) that are the stated subject matter of the indemnification obligation below.
You agree to defend, indemnify, and hold harmless Dibersio, its affiliates, and licensors, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) resulting from your User Contributions or violation of these Terms.
You and Dibersio agree that this Agreement shall be deemed to have been made and executed in the State of Wyoming, U.S.A., and Wyoming law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all disputes and claims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this Agreement; or (iii) your use of Dibersio, your Account or the Content and Services. You and Dibersio agree that all disputes and claims between you and Dibersio (including any dispute or claim that arose before the existence of this or any prior agreement) shall be commenced and maintained exclusively in any state or federal court located in Laramie County, Wyoming, having subject matter jurisdiction. You and Dibersio hereby consent to the exclusive jurisdiction of such courts and waive any objections as to personal jurisdiction or venue in such courts.
To the fullest extent permitted by law, the controlling language for these Terms is Spanish. It is the express wish of the parties that these Terms and all related documents have been drawn up in Spanish. Any translation has been provided for your convenience.
No waiver of these Terms by Dibersio shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Dibersio to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
