Terms and Conditions for use of the Mobile Application “GoGame” by Sinergia Studios (Version 0.7) – Soft Launch in October 7, 2016
PLEASE READ CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS, THESE TERMS and CONDITIONS (AGREEMENT) FOR USE of the MOBILE APPLICATION “GoGame” BY SINERGIA STUDIOS (SINERGIA).
THIS AGREEMENT IS ENTERED INTO BETWEEN YOU AND SINERGIA, OWNED BY SINERGIA COMUNICAÇÃO S/A. THE ACCESS OR USE OF THE SOFTWARE APPLICATION DISTRIBUTED BY SINERGIA FOR USE ON IOS OR ANDROID DEVICES ("SOFTWARE APPLICATION") ARE EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS HEREOF. BY USING THE SOFTWARE APPLICATION, YOU DECLARE THAT YOU CAN ENTER INTO AN AGREEMENT PURSUANT TO THE LAWS OF YOUR JURISDICTION AND YOU AGREE TO COMPLY WITH THE TERMS HEREOF.
You accept this Agreement on your own behalf and on behalf of other people who access or use: (i) the Software Application on the device of your property or under your control, which runs the applicable version of the OS for iOS or Android ("Device") with the Software Application. You are responsible for the use of the Software Application by other people on your device and their compliance to the terms hereof. This Agreement applies to Application Software and any updates, upgrades or new versions of the software.
NOTE: IF YOU ARE A RESIDENT OF THE UNITED STATES OR A RESIDENT OF A COUNTRY IN NORTH, CENTRAL OR SOUTH AMERICA, TO THE FULLEST EXTENT PERMITTED BY LAW, THIS AGREEMENT CONTAINS A PROVISION FOR WAIVER OF CLASS ACTION AND MANDATORY INDIVIDUAL ARBITRATION (SECTION 9) FOR RESOLUTION ANY DISPUTE BETWEEN YOU AND SINERGIA. YOU ARE ENTITLED TO CHOOSE NOT TO ACCEPT THE PROVISIONS FOR WAIVER OF CLASS ACTION AND MANDATORY INDIVIDUAL ARBITRATION, AS DESCRIBED IN SECTION 9.
1. GRANT OF LICENSE.
Subject to the terms hereof, SINERGIA grants you limited, non-transferable, non-exclusive, non-commercial right of use of the Software Application only on the Device. Your right to use previous versions of the Software Application other than the current version of the Software Application ends whenever you can receive or have the latest version of the Software Application installed on your Device.
Certain software license terms or third-party services licensed by SINERGIA may require that SINERGIA provides you with warnings and license terms for such software or third-party services. These notices and license terms are at your disposal at the place where SINERGIA deems appropriate.
All rights to use the Software Application are granted exclusively by license, and you shall not receive any rights or interests on the Software Application. SINERGIA and its licensors hold all intellectual property rights on the Software Application. All use or access to the Software Application will be subject to the terms hereof and to the applicable intellectual property laws. Except as expressly granted hereby, SINERGIA and its licensors reserve all rights in the Software Application.
2. RESTRICTIONS
You may not (i) rent, lease, sublicense, publish, modify, amend, adapt or translate the Software Application; (ii) reverse engineer, decompile or disassemble the Software Application, create derivative works from the Software Application; (iii) attempt to create the source code of the Software Application from its object code; (iv) use any unauthorized, illegal, counterfeit, or modified hardware or software with the Software Application; (v) reinstall earlier versions of the Application Software; (vi) infringe laws, regulations or statutes, or SINERGIA's or third parties' rights in connection with your access or use of the Software Application; (vii) obtain the Application Software in any way other than through SINERGIA's authorized distribution methods; or (viii) explore the Application Software in any not licensed manner.
These restrictions shall be interpreted to apply to the fullest extent permitted by law in your jurisdiction.
3. SERVICES AND UPDATES; THIRD PARTIES AGREEMENTS AND CONTENT.
SINERGIA may provide you with certain updates, upgrades or services to the Software Application. Some updates, upgrades or services may change their current updates, cause a loss of data or content, or cause loss of functionality or features.
The Software Application may make reference, display or provide links to Websites or content which are operated or maintained independently by third parties ("Content and Third Party Links").
SINERGIA and its affiliates do not control or direct Third Parties Content and Links, nor monitor, approve, defend, guarantee or sponsor any Third Parties Content and Links. SINERGIA and its affiliates have no responsibility regarding any Third Parties Content and Links. If you decide to trust Third Parties Content and Links, will do so at your own risk and assume all responsibilities and consequences that may result from that trust.
4. INFORMATION COLLECTION
In order to operate SINERGIA's business and to provide SINERGIA's products and services, SINERGIA may collect and get information about the device and the Software Application.
This information may be used for system monitoring or diagnostic, marketing purposes and anonymous tracking of user behavior. SINERGIA may also collect the unique ID automatically assigned to the Device by SINERGIA upon the first run of the Software Application on the Device. When you start a session in your account on SINERGIA STUDIOS from the Software Application, SINERGIA may connect this information with your account and information associated with your account.
Please, refer to SINERGIA STUDIOS' Privacy Policy for your region, whose link is on SINERGIA's legal documents Website on http://www.sinergiastudios.com /apps/gogame for further details about how this information will be used and who to contact if you have questions.
Your account data: we receive your mobile number when a GoGame account is created by you. We got the phone numbers in your contact address book if you want to find them on our platform. You confirm having permission to provide such numbers. Other data can be provided to your account, such as profile name, profile photo.
Your phone number, your name and profile photo and delivery reports may be available to anyone using our Services.
Data on devices and connections: we collect specific data about the device when our Services are installed, accessed or used by you. This includes data such as hardware model, operating system, IP address, data on the mobile network and device identifiers. We collect data on the location of the device in case you use the location features. Location Services: in order to provide location services in your products and services, GoGame, its partners and licensees may collect, use and share precise localization data, including real-time geographic location of your GoGame device. These location data is collected anonymously in a way that does not identify you personally and is used by GoGame, its partners and licensees to provide and improve localization products and services. For example, we may share your geographic location with application providers when you choose to use location services.
5. INTERNET CONNECTION
Some features of the Software Application may require Internet connection. You are responsible for all payments incurred related to Internet access or use.
6. DISCLAIMER OF WARRANTIES AND LIMITATION ON LIABILITY
The Application Software is provided "AS IT IS", without any express or implied warranties.
IN ANY CASE, SINERGIA, ITS AFFILIATED COMPANIES AND THEIR LICENSORS SHALL BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, OR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, AND REGARDLESS OF HOW IT HAS BEEN CAUSED AS A RESULT OF ACCESS OR USE OF THE SOFTWARE APPLICATION. PROVIDED THAT THIS PROVISION IS APPLICABLE IN YOUR JURISDICTION, THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS MENTIONED ABOVE WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN THOUGH SOME LEGAL REDRESS MEASURE DO NOT ANSWER YOUR FUNDAMENTAL PURPOSE.
7. BREACH HEREOF; CANCELLATION OF SINERGIA's RIGHTS AND RESOURCES
If SINERGIA determines that you have violated the terms hereof, SINERGIA may take its own actions or request measures to be taken to protect its interests, such as the suspension of access or use of any part or all of the Software Application, cancellation of your access to "GoGame", refusing any services provided in the Application Software, or making any other initiative reasonably necessary to prevent the modified or not allowed use of the Application Software.
SINERGIA, its affiliates and its licensors reserve the right to take legal actions in case of a breach hereof. SINERGIA may take part in a civil or criminal lawsuit or investigation related to your use of the Software Application.
8. CONTROLE DE EXPORTAÇÃO E CONFORMIDADE COM AS LEIS
The Application Software may contain technology that is subject to certain restrictions pursuant to export control laws and regulations. As a result, the Application Software may not be exported or re-exported to individuals and legal entities that do not comply with these laws and regulations. You must comply with these laws when using the Application Software. You represent and warrant that (i) you are not in a country subject to embargo by the U.S. Government or which has been considered by the U.S. Government as a country that "supports terrorism"; and (ii) you are not in any list of persons banned or restricted by the U.S. Government.
9. INDIVIDUAL MANDATORY ARBITRATION FOR CERTAIN RESIDENTS
The following terms in this section 9, to the fullest extent permitted by law, shall only apply in your case if you are a resident of the United States or a country in North, Central and South America.
The term "Dispute" means any dispute, claim or controversy between you and SINERGIA COMUNICAÇÃO S/A or any other affiliate of SINERGIA STUDIOS regarding the use of the Software Application, whether based in agreement, statute, regulation, mandate, unlawful act (including fraud, incorrect interpretation, fraudulent induction or negligence), or any other legal or equitable theory, and includes the validity, enforceability and the scope of this Section 9 (with the exception of the feasibility of the Class Action Waiver clause below). "Dispute" has the broadest possible meaning that will be applied if you have a Dispute (other than the one described as excluded from arbitration below) with SINERGIA or with an employee, officer, or agent of ("Opposite Sinergia's Legal Entity) that cannot be resolved through negotiation, as required below, you and the Opposite Sinergia's Legal Entity may only seek a resolution for the Dispute through arbitration in accordance with Section 9, and cannot resolve that Dispute in court. Arbitration means that the dispute will be resolved by a neutral arbitrator instead of a judge or jury in court.
YOU AND SINERGIA's LEGAL ENTITIES AGREE THAT ANY CLAIM PRESENTED BY YOU OR BY A SINERGIA's LEGAL ENTITY IN A SMALL CLAIMS COURT SHALL NOT BE SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION 9.
IF YOU DO NOT WANT TO COMPLY WITH THE MANDATORY ARBITRATION AND THE WAIVER OF CLASS ACTION IN THIS SECTION 9, YOU MUST NOTIFY SINERGIA, IN WRITING, WITHIN 30 DAYS OF THE DATE OF ACCEPTANCE HEREOF. YOUR WRITTEN NOTICE SHOULD BE SENT BY MAIL TO SINERGIA COMUNICAÇÃO S/A – RUA MARTINIANO DE CARVALHO, 548 CJ 132 – BELA VISTA – ZIP CODE 01321-000 SÃO PAULO, SP – BRAZIL AND MUST INCLUDE: (I) YOUR NAME, (II) YOUR ADDRESS, (III) YOUR LOGIN ID, IF YOU HAVE ANY, AND (IV) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH ANY SINERGIA's LEGAL ENTITY THROUGH ARBITRATION.
IF YOU HAVE A DISPUTE WITH ANY SINERGIA's LEGAL ENTITY, YOU MUST SUBMIT A WRITTEN NOTICE TO SINERGIA COMUNICAÇÃO S/A – RUA MARTINIANO DE CARVALHO, 548 CJ 132 – BELA VISTA – ZIP CODE 01321-000 SÃO PAULO, SP – BRAZIL – “GOGAME” DISPUTE IN ORDER TO GIVE TO THE OPPOSITE SINERGIA's LEGAL ENTITY THE OPPORTUNITY TO RESOLVE THE DISPUTE IN AN INFORMAL WAY THROUGH NEGOTIATION.
You agree to negotiate a resolution of the Dispute in good faith within a period of not less than 60 days after delivery of the notice of Dispute. If the Opposite Sinergia's Legal Entity does not resolve your dispute within 60 days from the date of receipt of the notice of Dispute, you or the Opposite Sinergia's Legal Entity may submit the claim to arbitration in accordance with the terms of this Section 9.
ANY DISPUTE RESOLUTION LAWSUIT, WHETHER IN ARBITRATION OR IN COURT, WILL ONLY BE CONDUCTED INDIVIDUALLY, AND NOT IN A OR CLASS REPRESENTATIVE ACTION, OR AS A NAMED OR UNNAMED MEMBER OF A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ACTION OF THE ATTORNEY-GENERAL OF JUSTICE, UNLESS YOU AND THE OPPOSITE SINERGIA's LEGAL ENTITY SPECIFICALLY AGREE IN WRITING TO DO IT AFTER THE BEGINNING OF THE ARBITRATION.
If you or the Opposite Sinergia's Legal Entity choose to resolve the Dispute in arbitration, the party initiating the arbitration proceeding may do so before São Paulo Arbitration Court, Phone + 55 (11) 5081-2291, email: taspvm@taspvm.com.br, Website www.taspvm.com.br, headquartered at Rua Dr. Bacelar, 643 - Vila Clementino – ZIP Code 04026-001 - São Paulo, SP, Brazil.
The terms of this Section 9 shall prevail in case they are in conflict with the rules of the arbitration organization chosen by the parties.
This Section 9 will survive the cancellation hereof.
10. APPLICABLE LAW AND VENUE
If you reside in any other country, this Agreement shall be governed, understood and interpreted according to the laws of the State of São Paulo - Brazil, except with regard to its rules on conflict of laws.
11. LEGAL GENERAL INFORMATION
You are required to comply with the latest version hereof. SINERGIA may modify the terms hereof at any time. In order to have access to an updated version for printing this Agreement, access www.sinergiastudios.com Access this URL occasionally to verify if there have been changes herein. Your use or continued access to the Software Application implies your acceptance of the latest version hereof.
If any provision hereof is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall not be affected or diminished in any way. You acknowledge that your breach hereof will cause irreparable damages to SINERGIA, for which monetary damages would not be an appropriate resource, and that SINERGIA is entitled to a comparable solution in addition to any other resources it may be entitled to pursuant to law.
This Agreement represents the entire agreement between you and SINERGIA with respect to the Application Software and supersedes all prior or contemporaneous agreements with regard to its subject matter. A failure to exercise or delay in performing any right pursuant hereto shall not constitute a waiver of such right. SINERGIA may assign any of its rights pursuant hereto, including its rights to apply the terms hereof to any of its affiliates.
12. SHOP OWNER.
You enter into this agreement with SINERGIA, and not with the shop owner ("Shop Owner") in which you downloaded the Software Application ("App Store" or “Google Play”), and SINERGIA, and not the Shop Owner, is solely responsible for the content of the Application Software, except as set forth herein.
Your use of the Software Application will also be subject to the terms of use of the App Store. The Shop Owner is not obligated to provide maintenance and support services with respect to the Software Application.
To the maximum extent permitted by applicable law, the Shop Owner will not have any guarantee obligation with respect to the Software Application. The Shop Owner shall be responsible for answering any claims made by you or any third party in connection with the Software Application or its possession and use of the Software Application, including, without limitation: (i) claims of responsibility for product fact; (ii) any claim regarding the non-compliance of the Software Application with any applicable legal or regulatory requirement; (iii) claims derived from consumer protection legislation or the like; and (iv) any claim of intellectual property infringement by the application.
13.CONTACT.
If you have any questions or complaints concerning the Application Software, please contact our support team indicated in http://www.sinergiastudios.com/apps/gogame