GENERAL CONDITIONS OF USE
“SLOTH”
Latest Update: January 30, 2020
READ WITH ATTENTION: WHILE ACCESSING, USING OR SIGNING UP ON THE "SLOTH APPLICATION" ("Platform"), AVAILABLE IN ONLINE STORES AND OPERATED BY KNOWLEDGE MOBILE DESENVOLVEDORA LTDA., WITH HEADQUARTERS AT STA JUDITE Nº. 414, ZIP CODE 05.603-020, SÃO PAULO/SP, ENROLLED AT THE CORPORATE TAXPAYER REGISTRY OF THE MINISTRY OF FINANCE (CNPJ/MF) UNDER NO. 35.193.596/0001-78 (“Company”), YOU FULLY AGREE WITH THE CONDITIONS EXPOSED HEREIN, AS WELL AS WITH THE OTHER POLICIES AND/OR RULES REFERRED TO IN THE PRESENT INSTRUMENT (“CGU”).
For the purposes of the GCU, "User" is each individual who accesses the Platform.
In case you are using the Platform on behalf of an entity and/or legal entity, you assure to be authorized to accept the Privacy Policy on behalf of the respective entity and/or legal entity, as well as that such entity and/or legal entity agrees to indemnify the Company for any violation of these CGU.
In case the “Platform” is used by underaged users, that is, by those who are less than 18 (eighteen) years old, the use and data collection provided in these CGU must be authorized by the underaged user parents or legal guardian(s), who must be fully aware and agree to terms of these CGU.
These CGU, together with the Platform's Privacy Policy provided in the link [insert link], duly read and accepted by the User, are valid, legitimate and effective for all legal purposes and purposes.
1. PLATFORM PURPOSE
The Platform is a game application aimed at children, especially from 3 to 6 years old.
2. TERMS OF USE OF THE PLATFORM
To access the Platform's tools and features, the User must create an access account.
Each User can create only one access account. The creation of access accounts by Users who have been banned from the Platform for reasons of breach of the Platform, as well as for violation of the rights of the Company and / or third parties is prohibited.
Communications will preferably take place through the email address registered by the User, and the User must always keep his / her email properly updated. In addition, the Company may communicate with the User using any contact information contained in the access account.
3. RIGHTS ON THE PLATFORM
The Platform , as well as the whole contents found and made available in it, including, but not limited to, texts, graphs, data, images, videos, sounds, illustrations, computer programs, source-codes, brands, slogans, domain names, database, corporate name, logotypes, icons, trade dress, as well as the selection and organization of such components, belonging exclusively to the Company and/or its partners and may not be copied, reproduced or used, whether partially or as a whole, without the prior written permission of the Company’s legal representative.
It is expressly prohibited the use of metamarcas or any other kind of "hidden code" containing the expression "SLOTH" or any other expressions identical or comparable to the brands, logotypes, slogans, domain names and corporate names with respect to the System, without prior written permission of the legal representative of the , except cases expressly authorized in these CGU.
The Company assures you, provided that these CGU are complied with, the right to use the Platform. However, it is expressly prohibited to perform acts implying or which might imply breach of rights of the Company, such as: (a) to reproduce or retransmit the Platform, whether partially or as a whole; (b) to use data mining devices and/or comparable in order to collect and/or extract data out of the Platform; (c) to handle or show the Platform and/or respective contents using comparable classification or navigation technology and; (d) to perform reverse engineering of the Platform.
Users will not be able to use information, data and / or documents, which they do not own, for resale purposes, and they will not be able to duplicate and / or re-share registrations, information, documents and / or data that are not their own.
The Company reserves all rights related to the Platform that have not been expressly regulated in these CGU. Users will not have any rights in relation to the Platform other than those expressly provided for in these CGU, and may not, among other measures, sublicense, modify, adapt or customize the Platform.
4. SERVICES AND MEANS OF PAYMENT
4.1. Services
Users will have access to the platform's games and products. However, it is possible that there are some features to be unlocked upon payment. In this case, the User must adhere to the conditions below:
4.2. Values and Payment Methods
Users are aware of and agree with the fact that the payment will be intermediated by independent companies, not managed by the Company and over which the Company has no control. The Company does not guarantee or take responsibility for the activities of these payment management or processing companies and Users agree that any damages caused by them will not be the responsibility of the Company.
Some payment methods may eventually require third party approval (e.g., credit card company) or additional security and control steps. In these cases, the Company reserves the right to await such approvals and request any additional information from the User before completing the transaction.
The means of payment available on the Platform may be managed or administered, in whole or in part, by third parties. In these cases, the User is aware and agrees that these third parties may receive their registration and financial information. The Company is not responsible for how these third parties will use your information and / or process payments related to transactions.
The Company may accept installment payments or create special payment conditions, but does not undertake to provide such options to Users and may modify existing options at its sole discretion, without prior notification from Users.
Information about the conditions and means of payment available may be checked by Users directly on the Platform.
5. RIGHT OF REGRET
The User will be entitled to exercise the right of repentance in up to 7 (seven)consecutive days, counting from the date of contracting the services. For this, the User must send his / her request through the email contato@kmobileapps.com.br.
In transactions made by credit card or similar payment method, the Company will notify the administrator of the payment method to reverse the amount paid on the next invoice, in one go, regardless of the number of installments used in the purchase. The reimbursement period and the cancellation of the remaining installments will be the sole responsibility of the administrator of the payment method.
All occurrences involving the cancellation of services after the 7 (seven) calendar days mentioned above will be conducted by the Company in accordance with the applicable legislation. If the User is interested in canceling the contracted service after the said period, the User must send an email to contato@kmobileapps.com.br and wait for the clarifications to be sent by the Company.
6. USER’S RESPONSABILITIES AND STATEMENTS
6.1. Statements
To register or use the Platform, the User declares that he / she is aware that the use of false, invalid, incorrect or third party data (without the respective authorization) may cause the interruption of access to the Platform, without prior notification, and also, depending on the specific case, characterize a crime or illegal act, subjecting the User to the penalties provided for in the legislation.
The User declares to be the legitimate and exclusive owner of the intellectual rights related to the content included by him / her in the Platform or, alternatively, to own all the necessary authorizations to include and exploit said content through the Platform, that is, the User declares that, when using the Platform, does not infringe any third party or Company rights. In addition, the User declares that his / her activities are lawful and are in accordance with the legislation in force in his jurisdiction.
The User guarantees and declares to be aware that he / she will not be able to include in the Platform content that may be offensive to the online community or to the Company, such as, for example, content that promotes any form of racism, religious or political segregation, prejudice, intolerance, hatred or damage of any kind, against any group or individual, that promotes false, misleading information, illegal activities or conduct that is abusive, obscene, pornographic or incompatible with public order, morals and good manners or that involve publication and / or insertion any materials that contain images of minors (without the express written consent of legal guardians).
6.2. Obligations
The User must inform through the Platform all the necessary data for the formation of his / her registration and adequate performance of the Platform's functions, committing himself / herself to provide, always, true, correct, current and complete information related to his registration data, taking responsibility civilly and criminally for this information.
The User must keep his/her registration updated with the Platform.
The User may not: (a) illegally access the Platform; (b) circumvent the Platform's authentication and / or security mechanisms; (c) allowing third parties to access the Platform using their credentials; (d) use the Platform for illegal purposes and / or that violates the rights of third parties or the Company.
The User must immediately report any loss, unauthorized alteration, loss and / or disclosure of the login and password information that may have been assigned to him / her to access the Platform.
It is expressly forbidden the use of login and password by more than one person or the sharing of access data between multiple Users.
6.3. Consequences and penalties
The Company may temporarily or permanently exclude Users - and / or suspend their access to the Platform - if any improper procedure, inconsistencies and / or inaccuracies in the User's records or conduct that violate - or may violate - the rights of third parties or of The Company.
In addition, if simultaneous access is verified using the same login and password data, the Company reserves the right to suspend or interrupt the User's access to the Platform.
The Company may, regardless of prior communication, exclude from the Platform any content that constitutes a violation of the terms of these CGU and / or that the Company considers to be offensive, inappropriate or harmful to third parties or to the Company itself.
In the event the Company is sued, at any time, due to facts or acts whose responsibility is attributed to the User under the terms of this Privacy Policy, the User shall: (a) intervene voluntarily in the event, requesting the immediate exclusion of the Company from the dispute, (b) assume full and exclusive responsibility for the payment and / or remedies claimed, and (c) fully compensate the Company for the costs and expenses incurred as a result of the demand. In case such exclusion is not executed, the User shall be liable for the payment and full compliance with the decision or, if applicable, shall immediately reimburse the Company.
7. INTERACTIVE AREAS
The Platform may include interactive areas or services, such as discussion forums, social networks etc., or tools for direct communication with third party interactive services (FaceBook, Twitter etc.), in which the User or third parties can create, publish and / or store messages, comments or other content ("Interactive Areas").
The Company is not responsible for information posted or sent by the User in relation to the Interactive Areas, nor for the way in which other individuals may use this information, including sending unsolicited or offensive messages.
The Interactive Areas may involve any type of content or information and, if the Company provides such services, the User expressly agrees to only use such services to send appropriate messages and in compliance with current legislation.
You agree not to post or distribute any information or material whose rights, including intellectual property, belong to third parties, without the express and written consent of such parties, and you also agree to exonerate the Company from any civil or criminal liability in the event of any claim arising out of, or related to, your breach of this provision.
8. DISCLAIMER OF LIABILITY
The content and information included in the Platform are the sole and exclusive responsibility of the respective Users, who will bear the civil and criminal sanctions resulting from the losses that they eventually generate, exempting the Company from any and all liability in this regard.
The Platform may not function correctly due to network problems and / or because of connection problems with any of the terminals and servers involved, situations that are outside the control of the Company and, therefore, will not be the responsibility of the Company. The User is aware that the Platform may not be compatible with other programs installed on Users 'machines or devices and / or may have flaws, still unknown to the Company, capable of obstructing Users' access, generating incorrect information and / or not storing adequately the data from the activities of Users on the Platform.
9. LIMITATION OF LIABILITY
THE COMPANIES, ITS DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ETC. DAMAGES. (EVEN IF THE COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE: (A) USE OR IMPOSSIBILITY TO USE THE PLATFORM (B) UNAUTHORIZED ACCESS, ALTERATION OF THE TRANSMISSIONS OR USERS' DATA; (C) DECLARATIONS OR ACTS OF THIRD PARTIES PRACTICED THROUGH THE PLATFORM (D) RELIANCE OF THE USER IN ANY INFORMATION OBTAINED IN THE PLATFORM OR RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, EXCLUSIONS OF FILES, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR PERFORMANCE FAILURES, WHETHER THESE RESULT FROM FORCE MAJEURE, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO THE COMPANIES' RECORDS, PROGRAMS OR SERVICES; (E) IMPOSSIBILITY OF USE OR LOSS OF DATA RELATED TO THE PLATFORM AND / OR TO THE USERS; OR (F) ANY OTHER PROBLEM RELATED TO THE PLATFORM..
10. TERMINATION, DISCONTINUATION AND INTERRUPTION
The Company reserves the right, without prior notice and in accordance with its sole and exclusive criteria, to discontinue the Platform, in whole or in part.
In addition, the Company reserves the right, in the event of violation or suspected violation of these CGU, of the conditions of the contracted services and / or of the Privacy Policy, without prior notice and in accordance with its unique and exclusive criteria, to interrupt the User's use and access to the Platform.
The Company may also denounce and terminate any licenses regulated by these CGU or other documents involving the Platform, suspending or interrupting a User's access to the Platform, regardless of justification and / or prior communication.
In these cases, without prejudice to the provisions of the Privacy Policy, the Company may delete and / or permanently delete any and all User data contained or included in the Platform.
In the event of interruption of access and / or deletion of data provided above, the User agrees to fully exonerate the Company from any and all liability arising from any losses or damages experienced by the User and / or by the entity or legal entity that the User represents.
11. EXCLUSIONS AND LIMITATIONS
Nothing of what is provided in these CGU are intended to exclude or limit any condition, warranty, right or liability that cannot be legally excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for losses and damages. Consequently, only limitations that are permitted by law in your jurisdiction shall apply to you. IN CASES WHERE THE EXCLUSION OF LIABILITY IS NOT POSSIBLE, BUT THE LIMITATION OF LIABILITY IS LEGALLY APPLICABLE, THE TOTAL LIABILITY OF THE COMPANIES SHALL BE LIMITED TO R$ 2,000 (TWO THOUSAND BRAZILIAN REALS).
12. CLAIM OF RIGHTS
If the User believes that the Platform or any content inserted therein violates its rights, including what concerns the processing of personal data, it may be submitted to through the e-mail: contato@kmobileapps.com.br, however the Company reserves the right to remove or maintain such content, in accordance with the rules and guidelines of the applicable legislation.
13. CHANGES, ENFORCEMENT AND VALIDITY OF THE CLAUSES
Any waiver or alteration of the provisions of this Privacy Policy shall only be effective if submitted in writing and signed by the Company legal representative. If one clause of these CGU is annulled or considered inapplicable, the other clauses, whenever possible, shall remain valid and effective.
The Company reserves the right to alter these CGU, as well as any other policy of the Platform, at any moment and at its own discretion. The rights which are not expressly granted are reserved to the Company.
The alterations shall become effective at the moment of respective publishing in the Platform. The use of the Platform after publishing shall consist of acceptance of possible alterations of these CGU. Thus, we advise the users to read again the Privacy Policy whenever they access the Platform.
14. APPLICABLE LAW AND JURISCICTION
Any litigation related to the Platform, respective products and services or this Privacy Policy shall be submitted to the courthouse of the Judicial District of São Paulo, State of São Paulo, Brazil, which shall prevail on any other, the most privileged it shall be, and shall be judged under the laws of the Federative Republic of Brazil.
15. QUESTIONS AND CLARIFICATIONS
Questions, requirements, complaints and comments related to the Platform or related to the Privacy Policy may be submitted through the e-mail: contato@kmobileapps.com.br