Legal Notice
WELCOME TO [ cluberotas.com ] 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 abide by them. If you do not agree to these Terms of Use, you will not be licensed to access the Site.
We may, from time to time, amend these Terms of Use, and we 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 This site is owned and operated by Sinapse Games, a company incorporated under Brazilian advertising and marketing laws.
1.2 If you wish to make a complaint about anything contained on the Site, please contact us using the following details:
Sinapse Agency - CNPJ - 33.267.609/0001-80
José Pinheiro de Camargo Street, 161
Vila El Aiub - 13.271-110
Valinhos/SP
Email: falecom@cluberotas.com.br
2. ACCESS AND USE OF OUR WEBSITE
2.1 Access to our Site is permitted on a temporary basis, and we reserve the right to remove or modify the Site (and any services made available through the Site) at any time without prior notice. If you violate any of the Terms of Use, your authorization to use this Site will automatically and immediately terminate, and you must immediately cease using the Site and destroy any materials downloaded or printed from the Site.
2.2 You may not use the Site in any improper or illegal manner, or in any way that violates any applicable law or license. Any rights you have to access the Site or the Site Content will cease immediately if you use the Site in any improper or illegal manner or in any way that violates any applicable law or license. Please also note that any improper or illegal use of the Site may also result in civil or criminal action by third parties, and Agência Sinapse 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 warranty or representation about any other websites that you may access through this Site or any services 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 in any way for the content, accuracy, compliance with applicable laws or accessibility of any information, data, advice or statements or for 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 with or associated with such third-party websites. It is your responsibility to check the terms and conditions and privacy policies of any other website that you may access through this Site.
3.2 From time to time, an e-commerce tool may be made available by a third party through the Site and/or via a link from the Site, and any such e-commerce tool will be subject to the terms of use provided by the third party to you in the e-commerce tool. The e-commerce operator will be responsible for fulfilling your order, and all questions, comments and complaints regarding any such order should be directed to the e-commerce operator. We cannot accept any responsibility for any failure of an e-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, various mods, copyrights (including rights to software and databases), rights to databases and moral rights (in each case, for all their respective terms and extensions, recoveries 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 resulting from inventions, designs, projects and computer programs.
4.2 All Intellectual Property Rights in the Site and all content, materials and information contained on or appearing on the Site (“Site Content”) are and shall remain the property of us or our licensors.
4.3 You may view, download, and print any Site Content made available to you, subject to the following conditions:
(a) The Site Content 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 may 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 have files uploaded (modified);
(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 notices 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 originates from a third-party website, and we will not be liable for any such content, including, without limitation, any third-party content:
i. that is defamatory, discriminatory, obscene, offensive, confidential or otherwise illegitimate; and/or
ii. whose Intellectual Property Rights belong to third parties and said third party has not granted their consent for that content to have been used as it was; and/or
iii. that is subject to, or whose processing is subject to, the Data Protection Act 1998, or any other applicable data protection law.
III. Constant monitoring only for projects made available for download. Each download has a serial number and is unique to each user who downloaded the product, as recorded in their registration form.
5.2 If we are informed or suspect that any content on the Site violates the intellectual property or other exclusive rights of any third party, or that the display or handling of the content is otherwise illegitimate, printable, unauthorized, or not entirely in compliance with any applicable law, then we reserve the right to remove the name of the individual who committed such infringement, removing it from the Site and displaying their name on social media exposing their infringement. They will lose all services offered by the Site and will never be able to register again on the Site. We will report any such violation to the competent authorities, and we will cooperate with such authorities by disclosing their identity. And if you enjoy our products and services and know of any individual acting in bad faith, please send us an email to [email address]. [falecom@cluberotas.com.br].
6. VIRUSES, HACKING AND OTHER CRIMES
6.1 You must not misuse the Site by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized 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 violating this clause, you would commit an offense under the Computer Misuse Act 1990. We will report any such violation to the appropriate authorities, and we will cooperate with such authorities by disclosing your identity to them. In the event of such a violation, 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, timeliness or reliability of any Site Content derived from third parties (including, without limitation, any of our third-party partners).
7.2 Except as expressly provided in these Terms of Use, the Site and all materials and information provided by the Site are provided “as is”, and any conditions, representations and warranties not expressly provided 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 Site and/or the Site Content will meet Your requirements or needs. Therefore, we advise You to verify any materials or information provided to You by the Site, as any reliance You place on the accuracy, completeness, timeliness or reliability of such information will be at Your own risk.
8. LIMITATION OF LIABILITY
8.1 Nothing in these Terms of Use shall limit or exclude the liability of either party for: (a) death or personal injury caused by its own negligence; (b) any loss suffered by any party as a result of its reliance on any fraudulent misrepresentation made by the other party; or (c) any other liability that cannot be limited or excluded by law.
8.2 In accordance with clause 8.1, T2 shall 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, but not limited to, loss of savings or loss or corruption of data); or (c) any lost profits (whether direct or indirect), in each case, based on contract, tort (including negligence), strict liability, or otherwise, arising out of or in any way connected with (i) any use of this Site or the Site Content; (ii) any failure or delay in the use of any component of the Site or any service, including, without limitation, any unavailability of the Site 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 Site, in all cases, 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 held responsible for any damage or viruses that may infect your computer equipment or any other property while you are using or browsing the Site. The downloading or other acquisition of any materials or information through the Site will be 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 resulting from the downloading or acquisition of any such materials.
8.4 You agree to indemnify us against any claims or legal actions that may arise from your use of the Site or any violation of these Terms of Use by you.
8.5 We will notify you of any such claim or measure and keep you informed of the progress of said claim or measure.
9. TERMINATION
We may remove the Site or cease providing any of the services at any time, at 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 on our part in exercising 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 benefit, and may not be enforced by, any person who is not a party to these Terms of Use under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
11.3 If any clause or part of a clause of these Terms of Use is or becomes invalid, illegal or unenforceable, the remainder of these Terms of Use shall remain valid and enforceable.
11.4 These Terms of Use and Privacy Policy set forth 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 In accordance with clause 8.1, You will have no recourse relating to any false statement made to You and on which you relied when 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 relating to 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.