Legal Notice
WELCOME TO [ cluberotas.com.br ] SITE , OFFERED BY SINAPSE GAMES
These Terms of Use set out how You may use our Site.
By accessing or using the Site, you accept these Terms of Use and agree to comply with them. If you do not agree to these Terms of Use, you are not licensed to access the Site.
We may, from time to time, change these Terms of Use, and will provide a link on the Site to the updated Terms of Use. Your use of this Site will be subject to the version of the Terms of Use posted on the Site at the time of such use.
1. ABOUT US
1.1 The Site is owned and operated by Sinapse Games, a company incorporated under Brazilian laws in the area of advertising and publicity.
1.2 If you wish to make a complaint about anything contained on the Site, please contact us using the details below:
Sinapse Agency - CNPJ. - 33.267.609/0001-80
Dr Candido Ferreira Street, 37
Ps. 3 - 13.270-040
Valinhos/SP
Email: falecom@cluberotas.com.br
2. ACCESS AND USE OF OUR SITE
2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Site (and any services made available through the Site) at any time without notice. If You breach any of the Terms of Use, Your authorization to use this Site will automatically and immediately terminate, and You must immediately cease use of the Site and destroy any materials downloaded or printed from the Site.
2.2 You may not use the Site in any improper or unlawful manner, or in violation of any law or license applicable to You. Any rights you may have to access the Site or the Site Content will cease immediately if You use the Site in any improper or unlawful manner or in violation of any law or license applicable to You. Please also note that any improper or unlawful use of the Site may also result in civil or criminal action by third parties, and Sinapse Agency may, at its sole discretion, cooperate with such third parties in any related investigations, including, but not limited to, disclosing Your identity or IP address.
2.3 You agree to comply with all reasonable instructions we may give You relating to Your use of the Site.
3. OTHER SITES
3.1 Our Site may contain links to other websites that are owned by us and/or links to third party websites that are not under our control. We make no warranties or representations whatsoever about any other websites which You may access through this Site or any services that are provided by any such websites. Third party websites are not in any way approved, vetted, verified or endorsed by us, and You agree that we will not be responsible or liable in any way for the content, accuracy, compliance with applicable laws or accessibility of any information, data, advice or statements or the quality of any products or services available on such websites. Links do not necessarily mean that we are or that our Site is affiliated or associated with such third party websites. It is Your responsibility to check the terms and conditions and privacy policies of any other website which You may access through this Site.
3.2 From time to time, an electronic commerce facility may be made available by a third party through the Site and/or via a link from the Site, and any such electronic commerce facility will be subject to the terms of use provided by the third party to You in the electronic commerce facility. The electronic commerce operator will be responsible for fulfilling Your order and all questions, comments and complaints about any such order should be made to the electronic commerce operator. We cannot accept any liability for any failure by an electronic commerce operator to fulfill an order or for any defect in any item supplied to You by them.
4. INTELLECTUAL PROPERTY
4.1 For the purposes of these Terms of Use, “Intellectual Property Rights” means all intellectual property rights, including, without limitation, patents, registered and unregistered trademarks and service marks, domain names, miscellaneous mods, copyright (including software and database rights), database rights and moral rights (in each case for all their respective terms and extensions, recovery and renewals), applications for the same and the right to apply for the same anywhere in the world, and all similar rights anywhere in the world, including those arising from inventions, designs, projects and computer programs.
4.2 All Intellectual Property Rights in the Website and all content, materials and information contained in or appearing on the Website (“Website Content”) are owned by us or our licensors and shall remain so.
4.3 You may view, download and print any Site Content made available to You, subject to the following conditions:
(a) the Content on the Site may only be used for Your personal and non-commercial purposes;
(b) except as expressly permitted by Us in these Terms of Use, the Site Content will not be reproduced or included in any other work or publication, in any media;
(c) the Site Content may not be modified or altered in any way or files uploaded (mod);
(d) except as expressly permitted by Us in these Terms of Use, the Site Content may not be distributed or sold to any third party;
(e) You may not remove any copyright or other proprietary notices contained in the Site Content.
4.4 These Terms of Use are not intended to prevent You from manually recording any individual item of information from the Site, or disclosing any individual item of information from the Site, free of charge, to friends or colleagues for non-commercial purposes, provided that You take all reasonable steps to ensure that any person to whom You may disclose such information complies with these Terms of Use.
5. MONITORING OF THIRD PARTY CONTENT; NOTIFICATION AND REMOVAL
5.1 You acknowledge that we do not actively monitor any third party content or content appearing on the Site that derives from a third party website, and we will not be responsible for any such content, including, without limitation, any third party content:
i. that is defamatory, discriminatory, obscene, offensive, confidential or otherwise unlawful; and/or
ii. whose Intellectual Property Rights are held by third parties and said third party has not given its consent for such content to be used as it was; and/or
iii. which is subject to, or the processing of which is subject to, the Data Protection Act 1998, or any other applicable data protection law.
Iiii. constant monitoring only of projects made available for download. Each download has a serial number and is unique to each user who downloaded the product, recorded in their registration form.
5.2 If we are informed or suspect that any content on the Site infringes the intellectual property or other proprietary rights of any third party, or that the display or treatment of the content is otherwise unlawful, printable, unauthorized or does not fully comply with any applicable law, then we reserve the right to remove the name of the individual who committed such infringement, remove him/her from the Site and display his/her name on social networks on the internet exposing his/her infringement. He/she will lose all services offered by the Site and will never be able to register on the Site again. We will report any such infringement to the appropriate authorities, and we will cooperate with such authorities by disclosing your identity to them. And if you enjoy our products and services and know of an individual who is acting in bad faith, please send us an email at [ falecom@cluberotas.com.br].
6. VIRUSES, HACKING AND OTHER CRIMES
6.1 You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
6.2 By breaching this clause, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
7. EXEMPTIONS
7.1 We will exercise all reasonable skill and care in providing the Site. We cannot guarantee the availability of the Site or the accuracy, completeness, currency or reliability of any Site Content that comes from third parties (including, without limitation, any of our third party partners).
7.2 Except as expressly provided in these Terms of Use, the Website and all materials and information provided on the Website are provided “as is” and any conditions, representations and warranties not expressly set out in these Terms of Use are excluded to the fullest extent permitted by applicable law.
7.3 Without limiting the foregoing, We cannot guarantee and do not promise that the Website and/or the Website Content will meet Your requirements or needs. We therefore advise You to check any materials or information provided to You through the Website, as any reliance You place on the accuracy, completeness, currency or reliability of such information is at Your own risk.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms of Use shall limit or exclude either party's liability for: (a) death or personal injury caused by its own negligence; (b) any loss suffered by either party as a result of its reliance on any fraudulent misrepresentation made by the other party; or (c) any other liability which cannot be limited or excluded by law.
8.2 Subject to clause 8.1, T2 will not be liable for: (a) any direct loss, claim or damage; (b) any indirect loss, claim or damage, or any punitive, special, incidental or consequential damages of any kind (including, without limitation, lost savings or loss or corruption of data); or (c) any loss of profits (whether direct or indirect), in each case whether based on contract, tort (including negligence), strict liability or otherwise, arising out of or in any way connected with (i) any use of this Website or the Website Content; (ii) any failure or delay in the use of any component of the Website or any service, including, without limitation, any unavailability of the Website or the services, regardless of the duration of any unavailability; or (iii) any use of or reliance on any information, material, software, products, services and related graphics obtained through the Website, in each case even if we have been advised in advance of the possibility of such loss or damage.
8.3 Without limiting the effect of clause 8.2, due to the inherent risks in using the internet, we cannot be responsible for any damage to, or viruses that may infect, your computer equipment or any other property whilst using or browsing the Site. The downloading or other acquisition of any materials or information through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from the download or acquisition of any such materials.
8.4 You agree to indemnify Us against any claims or legal proceedings that may arise from Your use of the Site or any breach of these Terms of Use by You.
8.5 We will notify You of any such claim or action and keep You informed of the progress of such claim or action.
9. TERMINATION
We may remove the Site or cease providing any of the Services at any time, in our sole discretion, for any reason.
10. DATA PROTECTION AND PRIVACY
We will only use any personal information we may collect about You in accordance with our Privacy Policy. The Privacy Policy is an essential part of these Terms of Use and it is important that You read it.
11. GENERAL
11.1 Any failure or delay by us in enforcing any of our rights under these Terms of Use shall not be deemed or construed as a waiver of that or any other right unless we acknowledge and agree to such waiver in writing.
11.2 These Terms of Use are not intended to give benefit to, and shall not be enforceable by, any person who is not a party to these Terms of Use whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3 If any provision or part of a provision of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use will remain valid and enforceable.
11.4 These Terms of Use and the Privacy Policy set out the full extent of our obligations and responsibilities relating to the services we provide through the Site, and supersede any prior agreements and understandings between us and you.
11.5 Subject to clause 8.1, You shall have no remedy in respect of any misrepresentation made to You and upon which You have relied in entering into these Terms of Use, except for any remedies You may have for breach of the express terms of these Terms of Use.
11.6 These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with English law, and the parties irrevocably agree to submit to the non-exclusive jurisdiction of the Brazilian courts.