PLAYKIDS – RECOMMEND AND WIN
This document PlayKids - Recommend and Win Regulations (the “Regulations”), aims to establish the necessary conditions so that the final users of the PlayKids app
( “PlayKids”), hereinafter “Users”, may enjoy a temporary bonus, allowing them to access Premium content of PlayKids for a given time period ( “Bonus”).
The Bonuses will be made available to the User provided that he accepts all terms, conditions, policies and notifications expressed and stated in these Regulations. The use of PlayKids and of the Bonuses by the User implies the unconditional acceptance without any reservations of the Regulations by the User, which will be applicable from the first day of Bonus use.
We reserve the right to modify, add or remove parts of these Regulations, at any time and for any purpose. We shall take the measures necessary, when possible, to communicate to the User the possible changes to these Regulations. Meanwhile the User is responsible for reviewing these Regulations periodically to be made aware of any conducted adjustments.
If the User violates the provisions of these Regulations, we may, at our sole discretion: (i) communicate the violation to the User through his e-mail registered with us or by PlayKids, so that this violation may cease; or (ii) suspend the use of PlayKids by the User; or (iii) cancel access to PlayKids by the User, regardless of any possible contractual or legal repercussions. The User is aware that we may at any time remove access to PlayKids from the User, with no apparent reason, notification, or prior notice, without any remuneration, indemnification and/or compensation to the User.
1. ACCEPTANCE OF THESE REGULATIONS.
1.1 The User registry of PlayKids for obtaining the Bonus, and Bonus use (“Registry”), implies the comprehensive acceptance without reservations of these Regulations, their conditions and provisions.
1.2 The Registry of the User, may only be for a natural person fully capable of exercising all civil acts, under the terms of valid legislation (art. 1º to 5º of Law nº 10.406/2002), and by using PlayKids and the Bonus it will not be permitted that the User cede this right to third parties.
1.3 The User, by conducting his Registry agrees that his personal data, provided by him, will be stored and processed in our database, only notifying third parties by administrative or judicial order, from the bodies linked to direct public administration. The User also agrees that the data of his use of PlayKids and the Bonuses will be stored and processed in our database, with these being informed to third parties provided that the right to privacy and personal information is maintained.
1.4 The User in the act of Registry states and guarantees in an explicit way and without reservations, to have legal capacity as per these Regulations, and all information provided by him to the Registry are true and up to date.
2. THE BONUSES.
2.1 The Bonuses are a perk conceded to the User of PlayKids who recommends his friends, who re not Users of PlayKids (the “Friends”), to register, install and use PlayKids on their devices, during the validity of these Regulations (the “Recommendation”), thus winning the following Bonuses:
TYPE OF USER BONUS
Free 7 (seven) days of access to Premium content of PlayKids per Recommendation, up to the maximum limit of 70 (seventy) days of free access to the Premium content of PlayKids.
Premium 7 (seven) days of access to Premium content PlayKids per Recommendation, up to the limit of 70 (seventy) days of Premium content access to PlayKids.
2.2 The Users may recommend the number of Friends they wish, however, if these Friends have already been Users of PlayKids, even inactive, Bonuses shall not be granted to the Users who recommended them.
2.3 If a Friend were to be recommended by more than one User and make the Registry, install and use PlayKids in his device, the User who had recommended the Friend before other Users shall be the only beneficiary of the Bonus, and the other Users who had recommended the Friend after him shall not receive anything at all
2.4 The User will only receive the Bonus if his recommended friend makes the Registry, installs and uses PlayKids on his device. If the Friend does not undertake all these steps the User shall to receive the Bonus.
2.5 Regardless of the amount of Friends stated by the User, as per all the effects foreseen in 2.4 above, the User will only be able to receive 70 (seventy) days of free access to Premium content of PlayKids, with no other benefit accruing form the recommendations exceeding this limit.
2.6 The Bonuses will be granted to the User up to 1 (one) business day, form the date the Friend had conducted all steps from 2.4 above.
2.7 The User shall be informed about the amount of the Bonus to be received and may verify the days of free access to Premium content he has in his PlayKids account.
3. ON REGISTRY USE.
3.1 The User recognizes to be the only person responsible for safekeeping and proper use of his Registry data, stated to PlayKids, including, without limitation, his personal data, login, password and keyword, indemnifying us from any responsibility due to eventual losses or damages suffered by the User as a result of unauthorized access to the Registry.
3.2 IN case of disappearance, loss, theft, or any other way of losing the login and User password by non-authorized third parties the User commits to communicating this immediately.
3.3 The User should maintain, in his Registry, all his personal data up to date, correct and complete.
3.4 The User registries which have been filled in with invalid, incorrect or not up to data data may be excluded, at our full discretion, from our database, together with all associated information, without any indemnification or additional explanations owed to the User.
4. USE OF PLAYKIDS.
a) Not conducting any illegal, immoral or ulterior act;
b) Not participating in any activity that exploits, prejudices or endangers children, teenagers and/or any third persons;
c) Not sending messages considered spam. Spam in bulk email, posting, contact requests, SMS (text messaging) or instant messaging which are undesired or not requested;
d) not exposing, introducing and/or modifying publicity messages to PlayKids;
e) Not publishing, sending and/or making available messages through PlayKids, and not sharing any content or inadequate material (including, for example, nudity, bestiality, pornography, explicit violence or criminal activity) or that which does not comply with the laws of Brazil and/or the place of use of PlayKids;
f) Not being involved in false, fraudulent, custody and/or defamatory activities;
g) Not circumventing any restrictions on access or use of PlayKids, in own or third person benefit;
h) Not being involved in activities which may cause damages to PlayKids and/or other Users;
i) Not violating copyright, intellectual, industrial, civil, moral and any there third person rights, of natural or moral persons;
j) Not being involved in any activities which violate the privacy, morale and image of third persons, natural or legal persons; and
k) Not helping third parties to violate PlayKids, our rights, in any type and form, and/or that of third parties, both natural and legal persons.
4.3 The User recognizes his exclusive responsibility in the use of PlayKids and the Bonuses and undertakes to bear any expense, prejudice, penalty, losses and damages which may fall upon us and/or third parties, in function of any failure to comply with these Regulations.
4.4 If the User uses fraudulent information to utilize PlayKids and/or the Bonus; or, furthermore, to acquire the Bonuses with fraudulent intent, this shall imply the cancellation of this Registry and access to PlayKids, immediately and without any notice, implying the loss of the Bonus, which shall not be replaced and/or indemnified, for any concept or reason.
4.4.1 For purposes of these Regulations fraudulent activities are understood to be, without limitation:
a) Using false Registry information and/or the acquisition and redemption of the same;
b) Use of information not owned by the person communicating it to conduct the Registry and/or redeem the Bonus;
c) Try and/or achieve the redeeming of the Bonus, the same through any vulnerability of PlayKids;
d) Using any own and/or third party software which intends to obtain a Bonus automatically, without limitation or unduly; and/or
f) Trying to and/or transferring any obtained Bonus to any third party, natural or moral person.
4.5 The use of various Registries by the same User shall be grounds for immediate cancellation of all included Registries, and any access to PlayKids and the Bonuses granted to said User.
4.6 Regardless of our anti-fraud and hacking systems, is the User is caught committing or trying to commit any kind of fraud or violation of PlayKids and/or the Bonuses, regardless of legal means which may be applied, reserving the right to cancel the Registry of the said User and, consequently, the access to PlayKids and the Bonuses, with no indemnification and/or reparation due to the User.
5. ON TRADEMARKS AND COPYRIGHT.
5.1 PlayKids is an app owned and authored exclusively by MOVILE INTERNET MÓVEL S/A, registered under CNPJ/MF nº 08.654.191/0001-17 (“MOVILE”), the only exclusive owner of copyright, equity and industrial rights related to the app, which are protected by applicable intellectual, industrial and software rights of Brazil, with their violation punishable by civil (economic) and/or criminal liability.
5.2 The trademarks, logos and service brands shown on PlayKids are registered and not registered brands of MOVILE or of third parties with which the latter maintains legal links or who are owners of the content distributed on PlayKids.
All trademarks, service brands and logos are the property of their respective owners and may not be used by the User with due, prior, explicit authorship in writing of their owners. Nothing in
PlayKids and the Bonuses shall be construed as ceding, by implication, preclusion, or in another way, any license or right to use any trademark, logo or service brand shown on PlayKids to the User. We reserve all rights not explicitly granted to the User of PlayKids and/or as a result of its use. PlayKids, as well as its elements and content, are protect by intellectual, industrial and software property legislation of Brazil with their violation punishable by civil (economic) and/or criminal liability.
6. AVAILABILITY OF PLAYKIDS.
6.2 If the User changes the country of use of PlayKids, he may loose the obtained Bonus, recognizing that no responsibly may be adjudicated due to this fact, with the User completely aware of this possibility.
6.3 We will work to keep PlayKids fully functional and available; however, all online services suffer occasional interruptions and stoppages, thus we are not responsible for any stoppage of PlayKids functioning due to the inadequate functioning of data transmission services and/or maintenance/updates to PlayKids, which would cause any interruption in its service.
7. ON NECESSARY EQUIPMENT.
7.1 The User states he has the electronic equipment necessary to access mobile internet and the installation of PlayKids, which enables the use of PlayKids by the User, confirming, furthermore, that all costs and expenditure necessary for mobile internet access and use of PlayKids, be borne only by himself (the User).
8. FINAL PROVISIONS.
8.2 We reserve the right to cede and/or transfer the rights and obligations of these Regulations to companies from our economic group or in function of restructuring, mergers, ceding the incorporation to any third party, regardless of User notification.
8.3 Any and all notifications of PlayKids and the Bonuses subject to these Regulations shall be conducted to the User through email informing the User in his Registry or by PlayKids.
8.4 Our eventual tolerance of the incorrect or non-punctual compliance with the obligations of the User, does not constitute a waiver or notation of any kind, solely being a decision of mere convenience, not waiving any of these Regulations.
8.5 If any clause or provision of these Regulations were to be stated null or void, by legal or administrative order, this shall not affect the validity of efficacy of the other clauses and conditions of these Regulations, which shall remain valid and efficient as they have not been cancelled.
8.6 The User states that the opportunity has been granted to him to read, examine, and thus understand what has been established in the Regulations, also stating that he was presented with all information necessary to comply with all terms and conditions, rights and obligations assumed herein, before he accepted these Regulations, in its clauses and conditions.
8.7 These Regulations are a perfect legal act, unsusceptible to changes by any supervening norm, under the terms of article 5º, XXXVI, of the Constitution of the Federal Republic of Brazil from 1988.
8.8 These Regulations are subject to the legislation of the Federal Republic of Brazil and the PARTIES choose as their jurisdiction the Judicial District of the State of São Paulo to settle any issues arising from these Regulations, substituting any other jurisdiction which may be privileged in other ways.
Recommend and win - Regulation
PLAYKIDS – RECOMMEND AND WIN